2020 Mar 03 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
WEST CONFERENCE ROOM -
350 MAIN STREET
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 3, 2020 — 4:00 PM
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel); and/or conferring with the City's Labor
Negotiators; as follows:
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matters
1. Performance Review
City Attorney
ON
E
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBER -
350 MAIN STREET
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo. org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 3, 2020 - 6:00 P.M.
CALL TO ORDER
INVOCATION — Pastor Wes Harding, The Bridge Church
PLEDGE OF ALLEGIANCE — Council Member Nicol
SPECIAL PRESENTATIONS:
ROLL CALL
3
3
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda The Council will respond to comments after Public
Communications is closed.
CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. CONSENT CALENDAR
1. Approve Regular City Council Meeting Minutes of February 18, 2020-
2. Approve Warrant Numbers 3030017 through 3030147 on Register No. 10a and
9001324 through 9001326 in the total amount of $542,194.90 and Wire Transfers
from 2/10/20 through 2/16/20 in the total amount of $2,780,057.70.
3. Award a contract to Race Communications and authorize City Manager to
execute a three-year (3) agreement as part of South Bay Cities Council of
Government (SBCCOG) South Bay Fiber Network (SBFN) to provide Dedicated
Internet Access.
4. Waive irregularity in bid and award standard Public Works Contract to Meggitt
Training Systems Inc. for construction of EI Segundo Police Department Firing
Range Remodel. Project No. PW 19-26.
5. Adopt a Resolution approving plans and specifications for Recreation Park
Softball Bleachers Improvement Project. Project No. PW20-03.
6. Accept $686,300 grant from the U.S. Department of Homeland Security, through
Office of Grants and Training, under Fiscal Year 2018 State Homeland Security
Grant Program (SHSGP); authorize City Manager to sign an Agreement with
County of Los Angeles as grant administrator; Authorize City Manager to sign an
Amendment to Professional Services Agreement with Michael T. Little, dba
Counter Risk, Inc., to increase the total amount by an additional $220,000 and
extend term of the agreement.
7. Authorize staff to prepare an RFQ for housing development and management
services entity to partner with City to develop strategic plan and provide
affordable housing.
4
Ki
C. PUBLIC HEARINGS
8. Amend 540 East Imperial Avenue Specific Plan, Second Amendment to
Development Agreement No. DA 16-01 and an amended condition of approval to
allow developer DR Horton CA2, Inc. to pay a fee of $5.3 million dollars to City of
EI Segundo for affordable housing purposes in lieu of affordable housing
requirement. (Applicant: DR Horton CA2, Inc.)
[An Addendum to Environmental Impact Report (EIR) for development project
was certified by City Council on September 28, 2016. The requested revision to
affordable housing requirement does not introduce new significant environmental
effects or substantially increase severity of environmental impacts that previously
were identified and analyzed in certified EIR Addendum. Additionally, project
does not include changed circumstances or new information, which were not
known at the time EIR was certified, that would require preparation of a
subsequent environmental analysis pursuant to CEQA Guidelines.]
9. Continued public hearing and introduction of revised Ordinance No. 1614 for
Zone Text Amendment creating a one-year pilot program to allow and regulate
Short -Term Rentals in the City's residential zoning districts through a Short -Term
Rental Permit process.
[The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Class 6 (Information
Collection) (14 Cal. Code Regs. § 15306), because it involves creating a
regulatory process for a use in the Residential zoning districts for a limited time.]
10.Adopt a Resolution approving proposed Community Benefits Plan (CBP 19-01)
to permit exceptions to height, floor area ratio and rear setback standards
pursuant to Smoky Hollow Specific Plan and Environmental Assessment (EA -
1254) related to construction of a new 14,119 square -foot office building at 212
Eucalyptus Street in Smoky Hollow -West (SH -W) district.
[The project is categorically exempt from environmental review pursuant to
California Code of Regulations, Title 14 ("CEQA guidelines") Section 15332 as a
Class 32 exemption (Infill Development)]
11.Adopt a Resolution approving proposed Community Benefits Plan (CBP 18-01)
and Environmental Assessment (EA -1233) to allow construction of a 60,000
square -foot addition that exceeds maximum permitted building height in Smoky
Hollow Specific Plan area at 140 Oregon Street.
[The project is categorically exempt from environmental review pursuant to
California Code of Regulations, Title 14 ("CEQA guidelines") Section 15332 as a
Class 32 exemption (Infill Development)]
5
6i
D. STAFF PRESENTATIONS
12. Waive first reading and introduce an Ordinance authorizing an amendment to a
contract between City Council and Board of Administration of California Public
Employees' Retirement System (CalPERS), adopt a Resolution of Intention to
approve an amendment to a contract between the Board of Administration of
CaIPERS and City Council to provide Section 20516 (Employee Sharing
Additional cost) of 1 % for classic local miscellaneous members in unrepresented
Management -Confidential Group and 3% for classic local safety members in
unrepresented Management -Confidential Group and approve staff to administer
required Employee Election.
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS:
13.Appointment to the Arts and Culture Advisory Committee.
14. Update from the Information Systems Department and the Technology
Committee about policy, processes, and accomplishments
F. REPORTS — CITY CLERK
G. REPORTS — CITY TREASURER
H. REPORTS — COUNCILMEMBERS
Councilmember Pimentel —
Councilmember Nicol —
Mayor Pro Tem Pirsztuk —
Mayor Boyles —
I. REPORTS — CITY ATTORNEY
J. REPORTS/FOLLOW-UP — CITY MANAGER
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
R
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, gt seq.) for the purposes of conferring with the City's Real Property
Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel), and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
MEMORIAL —
ADJOURNMENT
POSTED:
Date: February 28, 2020
Time: 8:15am
By: Mona F. Shilling
7
7
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 18, 2020 — 4:00 PM
CALL TO ORDER — Mayor Boyles at 4:00 PM
ROLL CALL
Mayor Boyles - Present
Mayor Pro Tem Pirsztuk - Present
Council Member Pimentel - Present
Council Member Nicol - Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Interview candidates of the Arts and Cultural Advisory Committee and announce
appointments at the March 3, 2020 regular City Council meeting.
Interviews conducted
Council selected Samantha Smith-Strassner to the Arts and Cultural Advisory
Committee.
Adjourned at 5:25 PM
1
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 1 OF 8
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, FEBRUARY 18, 2020 - 6:00 P.M.
CALL TO ORDER — Mayor Boyles at 6:01 PM
INVOCATION — Tracy Weaver, City Clerk
PLEDGE OF ALLEGIANCE — Council Member Pimentel
SPECIAL PRESENTATIONS:
a) Police Chief Whalen introduced three (3) new EI Segundo Police Officers,
Brandon Mendoza, Joanna Ramirez and Michael Drohan.
b) Recognition by Barbara Voss, Deputy City Manager and Charles Mallory,
IT Director, Margaret Chu, IT Consultant, Kristen Bergevin, IT Consultlant,
commending the Citywide Website Team. Proclamation read by Mayor
Boyles, recognizing Kristina Kora-Beckman, Amy McDaniels and Brenna
Wengert for their outstanding work on the website.
ROLL CALL
Mayor Boyles - Present
Mayor Pro Tem Pirsztuk - Present
Council Member Pimentel - Present
Council Member Nicol - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Chris Cagle, SBWIB (South Bay Workforce Investment Board) gave the quarterly report.
For more information, call 310.970.7700 or visit www.SBWIB.org.
Jack Axelrod, resident, commented on various items of concern.
Gary Schmunk, resident, not in favor of item #10 (Short -Term Rentals) and thanked the
Council for their hard work regarding the Short -Term Rental Ordinance.
Kathy Wishard, resident, not in favor of item #10 (Short -Term Rentals).
Leila Schuh, resident, not in favor of item #10 (Short -Term Rentals).
CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
K
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 2OF8
MOTION by Council Member Nicol, SECONDED by Council Member Pimentel to read
all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
B. CONSENT CALENDAR
Approve Regular City Council Meeting Minutes of February 4, 2020.
2, Approve Warrant Numbers 3029786 through 3029921 on Register No. 9a
in the total amount of $349,019.26 and Wire Transfers from 1/27/20
through 2/02/20 in the total amount of $495,733.75. Approve Warrant
Numbers 3029922 through 3030016 and 9001282 through 9001323 on
Register No. 9b in the total amount of $382,025.94 and Wire Transfers
from 2/3/20 through 2/9/20 in the total amount of $561,015.04. Ratified
Payroll and Employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and/or adjustments;
and wire transfers
3. Approve 2020 Annual Budget for the EI Segundo Senior Citizens Housing
Corporation Board; Park Vista.
(Fiscal Impact: None)
4. Approve Amendment No. 1888C to Agreement No. 1888 between the City
of EI Segundo and the EI Segundo Senior Citizens Housing Corporation
for management of the Park Vista Housing Facility; increase the maximum
allowable unbudgeted disbursement from a dollar amount from of ten
thousand ($10,000) to twenty-five thousand ($25,000).
(Fiscal Impact: None)
5. Authorize City Manager to execute Professional Services Agreement
No.5858 with Kosmont and Associates, Inc. to provide funding strategy
services for the Park Place Gap Closure and Grade Separation Project.
(Fiscal Impact: $62,500.00)
6. PULLED BY MAYOR PRO TEM PIRSZTUK
7. Adopt Resolution No. 5200 approving the Plans and Specifications for the
Roller Hockey Rink Improvements Project. The rink is located on the EI
Segundo Recreation and Park site, 401 Sheldon Street. Project No. PW
19-13.
(Fiscal Impact: $155,000.00)
8. PULLED BY MAYOR PRO TEM PIRSZTUK
3
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 3 OF 8
9. Waive formal bidding process and authorize the City Manager to issue a
blanket purchase order to Metron Farnier LLC to purchase automatic
meter reading water meters.
(Fiscal Impact: Not to Exceed $300,000.00)
10. PULLED BY COUNCIL MEMBER NICOL.
11. PULLED BY MAYOR PRO TEM PIRSZTUK
12. Receive and file FY 2019-20 1st Quarter Financial Review.
(Fiscal Impact: None)
MOTION by Council Member Pimentel, SECONDED by Council Member Nicol
approving Consent Agenda items 1, 2, 3, 4, 5, 7, 9, and 12. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0
PULLED ITEMS:
6. Authorize City Manager to execute a Professional Services Agreement
with Kosmont and Associates, Inc. to provide general real estate advisory
and project funding consulting services for development citywide.
(Fiscal Impact: $44,000.00)
Scott Mitnick, City Manager, answered Council questions.
Council Discussion
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Pimentel
authorizing City Manager to execute Professional Services Agreement No. 5859 with
Kosmont and Associates, Inc. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
8. Award a Contract to Insight through the County of Riverside
Cooperative Purchasing Agreement through an exemption to the City's
formal bidding requirements pursuant to EI Segundo Municipal Code § 1-
7-9(C) and authorize the City Manager to execute a three year software
licenses agreement with Insight; to provide Microsoft licenses and Office
365.
(Fiscal Impact: $172,760.50 for FY 2019-2020; $518,281.50 total over the
three-year (3) agreement.
Charles Mallory, IT Director, answered Council questions.
Council Discussion
2
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 4OF8
11
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to award
Contract No. 5860 to Insight; to provide Microsoft licenses and Office 365. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0
10. Waive second reading and adopt Ordinance No. 1614 for Zone Text
Amendment No. ZTA 17-01) and Environmental Assessment No. EA -
1180, creating a pilot program to allow and regulate Short -Term Rentals in
the City's residential zoning districts.
(Fiscal Impact: Potential Revenue; $37,000.00 from permits and business
license and $125,000.00 from Transient Occupancy Taxes (TOT).
[The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Class 6
(Information Collection) (14 Cal. Code Regs. § 15306), because it involves
creating a regulatory process for a use in the Residential zoning districts
for a limited time.]
Council Discussion; Council directed staff to limit the number of bookings allowed per
year and requested tightening up the success criteria before bringing the item back to
Council.
Council consensus to continue the item to the regular City Council meeting on
March 3, 2020.
11. Authorize the City Manager to execute a contract with RIESTER Pacific,
Inc. (dba Riester) economic development and hospitality/tourism
marketing services.
(Fiscal Impact: $350,000.00)
Barbara Voss, Deputy City Manager, answered Council questions.
Cristina Reveles, Economic Development Coordinator, introduced the RIESTER team
to Council.
Council Discussion
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol
authorizing the City Manager to execute Contract No. 5861 with RIESTER Pacific, Inc.
(dba Riester). MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
Item #D14 moved up on the agenda per Council consensus.
14. Treasury Departments Quarterly Investment Portfolio
(Fiscal Impact: None)
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 5OF8
12
Crista Binder, City Treasurer and Dino Marsocci, Deputy City Treasurer II and LaTonya,
Deputy City Treasurer I, gave a presentation regarding the Quarterly Investment
Portfolio.
Council Discussion
Council consensus to receive and file the presentation.
Recessed at 8:17 PM
Reconvened at 8:29 PM
C. PUBLIC HEARINGS
13. Conduct a public hearing and adopt a Resolution approving fees to cover
the costs associated with the donation of a tree ($500) or bench ($1,400)
per the guidelines of the Memory Row Tree & Bench Donation Program.
(Fiscal Impact: None)
Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding
adopt a Resolution approving fees to cover the costs associated with the donation of a
tree ($500) or bench ($1,400) per the guidelines of the Memory Row Tree & Bench
Donation Program.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication had been received in the City Clerk's office.
Meredith Petit, Recreation and Parks Director, gave a presentation and answered
questions on the item.
Public Comments: None
MOTION by Mayor Pro Tem Pirsztuk, SECONDED Council Member Nicol to close the
public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
Council Discussion
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 5201
A RESOLUTION ADOPTING NEW FEES FOR THE MEMORY ROW TREE AND
BENCH DONATION PROGRAM
MOTION by Council Member Nicol, SECONDED by Council Member Pimentel
approving Resolution No. 5201. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
6
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 6 OF 8
13
D. STAFF PRESENTATIONS
14. Moved up on the agenda.
15. 2019 Year -End Crime Summary
(Fiscal Impact: None)
Bill Whalen, Police Chief, gave a presentation on the item.
Council Discussion
Council consensus to receive and file the presentation.
16. Authorization to conduct a Parks & Recreation Needs Assessment prior to
renovating the EI Segundo Teen Center, 405 E Grand Ave.
(Fiscal Impact: Estimated cost $50,000.00. Funding from FY2019-2020
General Fund Capital Improvement Program, CIP).
Meredith Petit, Recreation and Parks Director, reported on the item.
Council Discussion
MOTION by Mayor Boyles, SECONDED by Council Member Pimentel authorizing
Recreation and Parks Department to conduct a Needs Assessment. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 4/0
17. Discussion and review to establish policy objectives for the FY 2020-2024
rate study of the Water and Wastewater operations.
Joe Lillio, Finance Manager and Sanjay Gaur, Vice President, Raftelis, gave a
presentation on the item.
Council Discussion
Council consensus to receive and file the report.
E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS: None
F. REPORTS — CITY CLERK — Stated one (1) Voting Center will open February 22,
2020 (Center St. School), the other six (6) will open February 26, 2020 and
March 3, 2020 Election Day.
G. REPORTS — CITY TREASURER — Gave a presentation earlier.
7
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 7OF8
14
H. REPORTS — COUNCILMEMBERS
Councilmember Pimentel — No report
Councilmember Nicol — Mentioned five (5) applicants were interviewed for
one position and feels this speaks volumes to where our City is in regards
to those wishing to volunteer and commented on the Treasury Report and
where the City stands today with Crista's leadership as City Treasurer.
Mayor Pro Tem Pirsztuk — Reminded the Community the Dog Licensing
Clinic will be held Wednesday, February 26 at 5:00 PM at the City Yard.
Mayor Boyles — Mentioned the annual State of the City will be held on
March 11, 2020 at 777 Aviation Blvd.
REPORTS — CITY ATTORNEY — No report
J. REPORTS/FOLLOW-UP — CITY MANAGER — Followed up on the Police Chief's
report and mentioned upcoming items for the next City Council meeting on March
3, 2020.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
MEMORIAL — None
ADJOURNMENT at 10:02 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR COUNCIL MEETING
FEBRUARY 18, 2020
PAGE 8 OF 8
15
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3030017 - 3030147
9001324 9MI326
001
GENERAL FUND
446,417.52
104
TRAFFIC SAFETY FUND
106
STATE GAS TAX FUND
381
108
ASSOCIATED RECREATION ACTIVITIES FUND
-
109
ASSET FORFEITURE FUND
3.78002
110
MEASURE R
1,530.42
111
COMM. DEVEL- BLOCK GRANT
112
PROP"A"TRANSPORTATION
105
114
PROP "C" TRANSPORTATION
-
115
AIR QUALITY INVESTMENT PROGRAM
-
116
HOME SOUND INSTALLATION FUND
117
HYPERION MITIGATION FUND
118
TDA ARTICLE 3 - SB 821 BIKEWAY FUND
119
MTA GRANT
121
FEMA
120
C.O.P S FUND
122
LAW A FUND
-
123
PSAF PROPERTY TAX PUBLIC SAFETY
124
FEDERAL GRANTS
125
STATE GRANT
72818
126
AIP CUPA PROGRAM OVERSIGHT SURCHARC
15.01
129
CERTIFIED ACCESS SPECIALIST PROGRAMS
-
202
ASSESSMENT DISTRICT 973
-
301
CAPITAL IMPROVEMENT FUND
44,285.10
302
INFRASTRUCTURE REPLACEMENT FUND
-
405
FACILITIES MAINTENANCE
-
501
WATER UTILITY FUND
4,94152
502
WASTEWATER FUND
2,31103
503
GOLFCOURSEFUND
-
504
PARKVISTA
505
SOLID WASTE
601
EQUIPMENT REPLACEMENT
-
602
LIABILITY INSURANCE
28.26
603
WORKERS COMP. RESERVEIINSURANCE
24.23
701
RETIRED EMP- INSURANCE
-
702
EXPENDABLE TRUST FUND -DEVELOPER FE;
-
703
EXPENDABLE TRUST FUND -OTHER
38,128.75
708
OUTSIDE SERVICES TRUSS
-
TOTAL WARRANTS
5542,19490
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Inlomrallon on actual expenditures is available In the Director of Finance's office in the
City of EI Segundo
I certify as to the accuracy or the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council oulhorieatinn to release.
CODES:
R = Computer generated checks for all non-emergencyfurgency payments for materials, supplies and
services in support of City Operalions
DATE OF APPROVAL: AS OF 01!0312020
VOID CHECKS DUE TO ALIGNMENT:
NIA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
For Rallhcafion:
A = Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B -F= Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES
M enSwsemems, vdnCuS rolunds, geM1 ad cmpioyee smK a%can it em nth CUV" WArrxearal
fy■y,J ayreemem ii, stance s where prompt pfymank dr rcoum: cart w ehlalned u laic paymn nl port IiNi s
can bo avoided of w en a ailual ion arises Ihat the City ivaamger appfo�e5
H = HAndwrinen Eo Rtrlease d:aprre r1s andler "trustmc ds appliwed Ly lne CAy
✓,I NANCE DIRE GTOR 1� CITY MANAGER
DATE- DATE:
Z:/z, q I zo
N
REGISTER N 10a
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
2110/20 THROUGH 2116120
Date
Payee
Description
2/10/2020
IRS
259,672.65
Federal 941 Deposit
2/10/2020
Employment Development
4,618.35
State SDI payment
2/10/2020
Employment Development
55,184.93
State PIT Withholding
2/10/2020
West Basin
1,762,960.30
H2O payment
2/10/2020
Cal Pers
554,807.51
EFT Health Insurance Payment
2/11/2020
IRS
75,613.91
Federal 941 Deposit - for QTR Ending 6130/19
2111/2020
State of CA EFT
1,251.20
EFT Child support payment
2/1212020
Dept. of Health Care Svcs
6,126.45
Ground EMT Transport Q4-19
2/13/2020
Lane Donovan Golf Ptr
29,990.80
Payroll Transfer
2/3/20-2/9120
Workers Comp Activity
28,848.68
SCRMA checks issued
2/3/20-219/20
Liability Trust - Claims
0.00
Claim checks issued
2/3/20-2/9/20
Retiree Health Insurance
0.00
Health Reimbursment checks issued
213/20-2/9/20
Flexible Spending Account
982.92
Employee Health and DCA card charges
2,780,057.70
DATE OF RATIFICATION: 2/14/20
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
:1, 1) -
ly
Deputy City Treasu & r 11 ,_� Date
of Fi n e Date
pager ,j Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
PACity TreasurerlWire Transfers\Wire Transfers 10-01-19 to 9-30-20
2,780,057.70
2114/2020 1/1
17
EL SEGUNDO CITY COUNCIL
MEETING DATE: March 3, 2020
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Authorize the City Manager to execute a $99,000 three-year agreement with Race
Communications as a new Internet Service Provider.
RECOMMENDED COUNCIL ACTION:
Award a contract to Race Communications and authorize the City Manager to execute a
three year agreement as part of the South Bay Cities Council of Government (SBCCOG)
South Bay Fiber Network (SBFN) to provide Dedicated Internet Access to the City.
ATTACHED SUPPORTING DOCUMENTS:
1. Race Communications Quote
2. Commitment Letter
FISCAL IMPACT: $33,000.00 for FY 2019-2020
The annual license costs will average $33,000 per year ($2,750 per month) totaling
$99,000.00 over the three year agreement. The cost for the first year is included in the FY
2019-2020 budget, and the cost of the subsequent years will be requested in future budgets.
Amount Budgeted: $33,000 for FY 2019-2020
Additional Appropriation: N/A
Account Number(s): 001-400-2505-6206 (Contractual Services)
STRATEGIC PLAN:
Goal: 4 Develop and Maintain Quality Infrastructure and Technology
Objective: A El Segundo's physical infrastructure supports an appealing, safe,
and effective community.
B El Segundo's technology supports effective, a cient, and proactive
operations.
ORIGINATED BY: Charles Mallory, Information Systems Director(
REVIEWED BY: Charles Mallory, Information Systems Director`
APPROVED BY: Scott Mitnick, City Manager , �0I
BACKGROUND
The City of El Segundo is in need of a new Internet Service Provider (ISP) in order to better
support its technological infrastructure. This ISP will be able to provide greater bandwidth
capacity to support software applications, provide capacity for video based streaming, and other
improvements such as a more efficient Wi-Fi services. The Information Systems Department
(ISD) is always looking to improve the workflow for employees of the City, and this request is
part of the ISD Master Plan.
The City is committed to the South Bay Fiber Network (SBFN) which was created by the South
Bay Cities Council of Government (SBCCOG) which aims to streamline connectivity, boost
economic activity, and improve the quality of life for residents in the region. The SBCCOG
previously issued a Request for Proposal in the search of the best internet provider. Race
Communications is the selected partner. They also negotiated pricing to receive special price
points for the participants in this project along with price protection for the proposed rates. This
partnership between the cities will prove to be more efficient and cost-effective than using our
current Internet Service Provider for all parties involved.
Some of the benefits of upgrading the Internet Service Provider are as follows:
• Increased Speed - One of the most important benefits of having fiber internet is increased
internet speed
• Greater Reliability - Fiber-optic internet is not only faster, but is more reliable than
copper or DSL
• Stronger Signal - Optimize Wi-Fi capabilities
• Quicker Cloud Access - As more and more of the City services are managed in the cloud,
accessibility becomes exponentially more important
• Improved Security - ISP access will utilize the City -owned fiber network to connect to
security applications
• Multiple Users Supported - Through this change, the City will be able to support
employee and public Wi-Fi services near and around City Hall
• Decreased Stress - Less time waiting for applications to load or process information
• Money Savings - 20% reduction in cost by leveraging the SBCCOG contract
It is the Information Systems Department's recommendation to award a contract to Race
Communications and authorize the City Manager to execute a three year agreement as part of the
South Bay Cities Council of Government (SBCCOG) South Bay Fiber Network (SBFN) to
provide Dedicated Internet Access to the City.
19
q)ace Estimate for City of EI Segundo
CO M1TM U N I CAT iON 5 Prepared on 02/13/2020 Cluole #9005 V2
Service Address:
DEDICATED INTERNET SERVICES
_ Dedicated Internet DIA GIG {ttl0p r MODDMIhp 36m _ 0.6o : 4B0
Dedicated Internet DIA 2 GIGiQDDftMbphf000M6{MI 36m 3,000.07 0.00 6.66
06"ad leAmN IIA WGIG{IoNaMbW D=Mbpa} 36m t--$7satio 0.07! ;750.00
'6firn RI Q_p6011R _. �.�-.. ..
__'Base mpl*.pe02gafio%V0 NOT aMW,t,drrr drape, leave and fees-
SUBTOTALL 0A0 f3,Tf P
EXTENDED INSTALLATION SERVICES
re be installed in Data Center 460
wIdOTBb 1 I 0.00
ERWRVK234P,earlcm Tdhphiany, Date Lalylln e,rnfka,
0.00
00
Not"
GENERAL TERMS & CONDITIONS
This a,wa*ie tar egulp oimA Vor 6+eof Car ej1} w4or I""equiptna All pricing k aLOmoHd entln w*cl to net. k c*Wrty wntkaepn and irop-ofrmg. Semm li 60YOed to RxodarlNfcNlOn poh1S OIPOEIuAws
etlureise rleeed{. Eximaen ol—no tram Racy demes 55IM point b A euelwner faitaia nal IocWdad untaea sprefuduMvr Ertvnded {neuetrtian Samosa. &-crard InsmOa,vn emafrema, Mem Omr el erdn, kapprobmpW14 dye fsd„14
ollRewi,a noted. Federal end* simo ion end ft. we nptorludecAny addillo" sehaee ovwdr of Ole scope of this eebmate whi repVfe M amendmenl to me aabm,N of must Do ordered ovemeiy. Mrherah e" Wing ebld dpanptiel6lape
edea bwW Nipping and hanAng leen. SNn t,c rnd shipping lees will be added carer."mm. N canvonod to on Invo:cr mtinpvle —a Far cuemman,m�ny W. a Iran a0rii—L an only rrfminooan fee vnll ayply mmilm OO, agrrMk
me em Writ Of the O &W ae01p tee for Laid patliage.
LIMITED WARRANTY
Thn Unutod Wmrsnty is Inured m one yew iagAaaan and labor werrangof e0 camp—M Instalivd by Race- Pero — f mded Ie detrrn n metanNs odd wohman" of the product as supplied by the manufacturer If pens are supplied by Race
and defective, they wtti be pcfWgfl ble Mthin 37 days from dote of purchase, Ahef 30daya, parol wo to be repaired under die mmufochuea wom"tarm 8hordd m issua arise within a manufactures warranty period, Race will assist in getting
Oar product warrented br Cor menuforhn- Thle wmanty, dais ort cave, ps4 and Iebw NN fel am a r—A of w lu Lee un, miiure, ,hoar er dr}Wer at emits, pert
AUTHORIZATION
I hereby accept the terms and conditions of this order, By signing, you are authorizing Race to do the work as specified in this agreement and agree to all terms in Race's Master Products and Service Agreement
CUSTOMER RACE COMMUNICATIONS
AUFHOSiZEO DfGNAT UAE AUTHORIZED SIGNATURE
PRINT NAME: PRINT NAME:
EFFECTIVE DATE
EFFECTIVE DATE:
20
fes, 20285 S. Western Ave., #100
SOUTH BAY CITIES Torrance, CA 90501
NMI
-00 COUNCIL OF GOVERNMENTS (310) 371-7222
South Bay Fiber Network (SBFN)
Letter of Commitment
To: South Bay Cities Council of Governments:
On behalf of the City of EI Segundo ("City"), we confirm our organization's commitment to connect to
the South Bay Fiber Network (SBFN). We commit to participate in the SBFN at a minimum service level
of at least 1 GB at $1,000/month for each city/agency designated building/site. We understand that, for
sites in the South Bay region, up -front capital costs will be paid by South Bay Cities Council of
Governments (SBCCOG) using approved sub -regional Measure M funds. Sites outside the South Bay will
be addressed on a case by case basis. We commit to paying the monthly recurring costs for our elected
term of either a three- or five-year period.
We commit to:
Execute an addendum to the final SBCCOG contract with American Dark Fiber, LLC (ADF), the
selected vendor, to provide broadband services;
Work with SBCCOG and ADF personnel to:
o Meet to address and resolve our questions;
o Enumerate buildings and sites within the South Bay Cities region to be connected, by
August 16, 2019;
o Define a timeline for permitting, construction, and installation to enable SBFN network
connections;
o Assist with expediting necessary permits;
o Jointly agree with SBCCOG the date that ADF will provide initial service to your
designated, expected in April -June 2020.
At this time, we commit to a count of
addresses on the next page ind complete the table.)
rf��2s•9.�1�'i
Deputy City Manager (signature)
Barbara Voss
Deputy City Manager
Cit of El Segundo
City/Agency
_(number) sites to be connected. (Confirm
CIO / IT Directorfisignature)
Charles Mallory
CIO / IT Director (Name)
A�!I
Date ,
11 P age
21
p, 20285 S. Western Ave., #100
SOUTH BAY CITIES Torrance, CA 90501
COUNCIL OF GOVERNMENTS (310) 371-7222
City/Agency: City of_El Segundo
Number Address
Term Requested
(3-yr/5-yr) Bandwidth
Lit
Services?
Or
Transport
Only?
1. 350 Main Street; EI Segundo, CA; 90245; City Hall
#?
2.
3,
4.
S.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
22
EL SEGUNDO CITY COUNCIL
MEETING DATE: March 3, 2020
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award a standard Public Works Contract in the amount of $245,000 to Meggitt Training
Systems Inc. in a form approved by the City Attorney for construction of the El Segundo
Police Department Firing Range Remodel, Project No. PW 19-26.
RECOMMENDED COUNCIL ACTION:
1. Waive the irregularity in the bid from Meggitt Training Systems Inc.; and,
2. Authorize the City Manager to execute a standard Public Works Contract in a form
approved by the City Attorney with Meggitt Training Systems Inc. in the amount of
$245,000, and authorize an additional $24,500 for construction related contingencies.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted FY 2019/20 Budget
Amount Budgeted: $269,500
Additional Appropriation: N/A
Account Number(s): $203,088 from 301-400-8202-8226 (Police Firing Range
Remodel)
$41,912 from 301-400-8201-8708 (Police Department
Upgrades)
Up to $24,500 from 001-400-2601-6281 (Emergency
Facilities Maintenance and Repair)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: A El Segundo's physical infrastructure supports an appealing, safe,
and effective City
Goal: 3 Develop as a Choice Employer & Workforce
Objective: El Segundo is the city employer of choice and consistently hires for
the future, with a workforce that is inspired, world-class, and
engaged, demonstrating increasing stability and innovation.
ORIGINATED BY: Arianne Bola, Senior Engineering Associate A%b
David King, Assistant City Attorney
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager K Ccur
4
23
BACKGROUND AND DISCUSSION:
On November 5, 2019, the City Council approved the complete set of plans and specifications for
the El Segundo Police Department Firing Range Remodel and authorized staff to advertise the
project for receipt of construction bids.
On December 6, 2019, the City Clerk received and opened one bid, as follows:
Base Bid Items
1. Meggitt Training Systems Inc. $245,000.00
The lowest responsive and responsible bidder for the base bid items is Meggitt Training Systems
Inc. (Meggitt). Staff checked Meggitt's references and determined that they have satisfactorily
completed similar projects for other public agencies.
During the review of the submitted bid documents, staff contacted Meggitt about their general
contractor's license status in the state of California. Staff was informed by Meggitt that they do
not hold a general contractor's license in the state of California but they are currently registered to
perform public works projects with the state of California. The installation of targeting system
doesn't require a general contractor's license and the subcontractor listed in Meggitt's bid have a
current general contractor's license to perform their listed duties. Meggitt has been installing firing
range targeting systems in the law enforcement community throughout the nation and in the state
of California for almost 40 years, and the referenced public agencies listed in their bid have given
wholehearted endorsements of their work. Staff did not receive a bid protest letter from any
potential bidders.
In consultation with the City Attorney's Office, staff reviewed the bid documents and checked
references, and concluded Meggitt is qualified to perform this work. Staff also reviewed the
aforementioned license issue with the City Attorney's Office. As a result, staff additionally
recommends that the following item be identified as an irregularity and waived by the City
Council:
1. Meggitt Training Systems Inc. does not hold a general contractor's license in the state of
California.
Staff respectfully recommends that City Council: 1) waive the irregularity in the bid from Meggitt
Training Systems Inc.; 2) authorize the City Manager to execute a standard Public Works Contract
in a form approved by the City Attorney with Meggitt Training Systems Inc. in the amount of
$245,000, and authorize an additional $24,500 for construction related contingencies.
With Council's approval, construction is estimated to occur from May to August, 2020.
24
EL SEGUNDO CITY COUNCIL
MEETING DATE: March 3, 2020
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Approve the plans and specifications for the Recreation Park Softball Bleachers
Improvement Project, Project No. PW20-03.
RECOMMENDED COUNCIL ACTION:
1. Adopt a Resolution approving plans and specifications for the Recreation Park Softball
Bleachers Improvement Project, Project No. PW20-03; and,
2. Authorize staff to advertise the project for receipt of construction bids.
1. Resolution
2. Location Map
FISCAL IMPACT: Included in the FY 19/20 budget
Amount Budgeted: $147,500
Additional Appropriation: No.
Account Number(s): $70,000 from Account #301-400-8202-8215 (Softball
Bleacher Replacement)
Up to $77,500 as needed from completed CIP account
(account to be determined)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: A El Segundo's physical infrastructure supports an appealing, safe,
and effective community.
ORIGINATED BY: Floriza Rivera, Principal Civil Engine
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager Cell L �, f sYv�)
BACKGROUND AND DISCUSSION:
This project was approved as part of the FY2018/19 budget and carried forward to FY2019/20.
The Recreation Park softball field is a popular City sports facility used eight months out of every
year, from February through September. Constructed in the late 1950's, the asphalt in the bleacher
areas, and the bleachers themselves, have significantly deteriorated and need to be replaced. The
bleachers need to be upgraded to current ADA standards as well. This project consists of the
removal of the existing softball field bleacher -area asphalt, the existing bleachers, and the existing
walls immediately adjacent to the bleachers. The successful bidder is required to obtain City
Building Safety Division plan check approval prior to any construction.
25
S
Staff has investigated the costs of the structural design, manufacturing, and construction of the
bleachers, and estimates a total cost of $147,500 for the project. This leaves an estimated shortfall
of approximately $77,500, as the original budget was $70,000. However, there are a few capital
improvement projects currently in progress that are expected to be delivered below budget
estimates; therefore, staff expects the savings from those projects will compensate for the
anticipated shortfall. Given that the typical lead time for bleacher manufacturing is 12 weeks, it
is important to get the project out to bid now so construction can begin in October after softball
season ends, and be completed before season resumes next February.
Staff respectfully recommends City Council adopt the attached resolution approving the plans and
specifications for the project.
With Council approval, the anticipated schedule is as follows:
March Advertising and Bid Process
April Contract Award
May -September Building Permit Approval and Manufacturing
October 2020 Commence Construction
January 2021 Construction Complete
26
RESOLUTION NO. _
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR
THE CONSTRUCTION OF SOFTBALL FIELD BLEACHER AREAS
IMPROVEMENT PROJECT, PW 20-03. PURSUANT TO GOVERNMENT
CODE § 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared plans and specifications for Softball Field
Bleacher Areas Improvement Project, Project No. PW 20-03 (the
"Project"). These plans and specifications are complete. Bidding for
construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account"). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
Page 1 of 2
27
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2020.
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David H. King, Assistant City Attorney
Page 2of2
28
4j. ce s� .1-
PW 20-03: Recreation Park
Softball Bleachers Replacement Project
W Imperial Hwy
_ E Imperial Ave I .._ mss_.._..,. _._�....._._.._.,_..."._.......r..__._.._....
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Legend
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' Project Sites
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Notes
GIS
Sea only
y. The Clry
EL SEGUNDO CITY COUNCIL
MEETING DATE: March 03, 2020
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Accept $636,300 U.S. Department of Homeland Security Grant
RECOMMENDED COUNCIL ACTION:
1. Authorize the acceptance of $686,300 grant from the 2018 State Homeland Security
Grant Program (SHSGP), and allow for Amendments as outlined in Section V,
subsection 503. Amendments of the Sub -recipient Agreement;
2. Authorize the City Manager to sign an Agreement with the County of Los Angeles
(grant administrator);
3. Authorize the City Manager to sign Amendment to the Professional Services
Agreement with Michael T. Little dba Counter Risk, Inc. to increase the total amount
by $220,000 and extend the term of the Agreement;
4. Approve additional appropriation to expense account 124-400-3202-3767, and
establishment of revenue account 124-300-3202-3767 to accept $686,300 grant.
ATTACHED SUPPORTING DOCUMENTS:
1. Sub -recipient Agreement
2. Amendment #5 to Agreement 5348E
FISCAL IMPACT: The City will receive $686,300 in grant funds.
Amount Budgeted: 0
Additional Appropriation: $220,000
Account Number(s): 124-300-3202-3767 (SHSGP 2018 Revenues)
124-400-3202-3767 (Expenses)
STRATEGIC PLAN:
Goal: 2 Support Community Safety and Preparedness
Objective: 1 El Segundo is a safe and prepared city.
ORIGINATED BY: Carol Lynn Urner, Senior Management Analyst
REVIEWED BY: Christopher Donovan, Fire Chief n�
APPROVED BY: Scott Mitnick, City Manager�C,k SNA
BACKGROUND AND DISCUSSION:
The City of El Segundo has been allocated $686,300 in State Homeland Security Grant Program
(SHSGP) funding, which is passed to the local area through Los Angeles County via a Sub -
Recipient agreement. 2018 Homeland Security Funding was carved out for the City of El Segundo
to provide federal funding to cover three separate projects: An Emergency Management
Situational Awareness and Management software system; Regional Urban Search and Rescue
30
(USAR) training; and continued funding towards the Los Angeles Area Fire Chiefs Regional
Training Group Intelligence Chief. All three projects are important and add value to the City of
El Segundo, as well as County of Los Angeles.
There are several recommended council actions that are required for the acceptance of this grant
as follows:
• Authorize the acceptance of $686,300 in grant funds from the SHSGP 2018 grant program
and allow for amendments as outlined in Section V, subsection 503of the Sub -recipient
Agreement, and authorize City Manager or designee to sign an agreement with the County
of Los Angeles who will serve as the grant administrator.
• Authorize the City Manager to sign an Amendment to the Professional Services Agreement
with Michael T. Little dba Counter Risk, Inc. to increase the total amount by $220,000 and
extend the tern of the Agreement. Counter Risk, Inc. is the consulting firm that has
provided intelligence to the Los Angeles Area Fire Chiefs Association (LAAFCA) and is
a critical asset to the region. An amendment to the current professional services agreement
is required to extend this service to the LAAFCA.
• Authorize additional appropriation to expense account 124-400-3202-3767 to cover the
costs of the Professional Services Agreement prior to reimbursement from the current
SHSGP grant allocation, and establish revenue account 124-300-3202-3767 to accept
$686,300 in SHSGP funds,
Staff recommends the acceptance of this grant to support Emergency Management Software,
USAR training and the intelligence position that integrates with the Regional Training Group and
assists with, supports and further develops the training and response readiness of Los Angeles area
fire agencies for incidents of national significance. The Fire Department staff also recommends
the City Council approve an amendment to the agreement with Counter Risk to extend the term of
the agreement beginning January 01, 2019 through September 30, 2021 and approve the increase
to the total amount of the agreement not to exceed $821,270. Lastly, the El Segundo Fire
Department requests the City Council authorize and approve additional appropriation of $220,000
to expense account 124-400-3202-3767 to cover the increase in this agreement, and establish
revenue account 124-300-3202-3767 to accept $686,300 in SHSGP funds.
In accordance with the City Council Policy regarding grant submissions:
1. The grant award is made by the U.S. Department of Homeland Security, through the
Office of Grants and Training. The grant is administered by the County of Los Angeles.
2. The total amount being requested is: $686,300
3. Matching Funds Cost -Share: N/A
4. Source of Matching Funds Cost Share: N/A
5. The grant does not provide up -front funding. Municipalities submit reimbursement
requests to the grant administrator after expenditures are made and processed for payment.
Approved requests are reimbursed by the County of Los Angeles.
31
State Homeland Security Program
Suabrecipient Agreement
Grant Year 2078
Between the
County of Los Angeles
and the
City of El Segundo
32
SUBRECIPIENT AGREEMENT
BETWEEN THE
COUNTY OF LOS ANGELES
AND THE
CITY OF EL SEGUNDO
THIS AGREEMENT ("Agreement") is made and entered into by and between the
County of Los Angeles, a political subdivision of the State of California (the "County of
Los Angeles"), and the City of EI Segundo, a public agency (the "Subrecipient").
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal
Regulations (CFR) through the Office of Grants and Training (G&T), has provided
financial assistance for the State Homeland Security Program (SHSP), Catalog of
Federal Domestic Assistance (CFDA) 97.067 — Homeland Security Grant Program
directly to the California Governor's Office of Emergency Services (Cal OES) for the
2018 SHSP, FAIN #EMW-2018-SS-00054, Federal Award dated October 1, 2018 with
a performance period of September 1, 2018 to May 31, 2021. This Federal Award is
not a R&D award; and
WHEREAS, the Cal OES provides said funds to the County of Los Angeles
(DUNS #052238763) as its Subgrantee, and the Chief Executive Office (CEO) is
responsible for managing and overseeing the SHSP funds that are distributed to other
specified jurisdictions within Los Angeles County; and
WHEREAS, this financial assistance is being provided to the Subrecipient in
order to address the unique equipment, training, organization, exercise and planning
needs of the Subrecipient, and to assist the Subrecipient in building effective prevention
and protection capabilities to prevent, respond to, and recover from threats or acts of
terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of
the 2018 SHSP grant from Cal OES in the total amount of $10,276,869.00; and
WHEREAS, the CEO now wishes to distribute 2018 SHSP grant funds to the
Subrecipient in the amount of $686,300.00 as further detailed in this Agreement; and
WHEREAS, the CEO is authorized to enter into subrecipient agreements with
cities providing for re -allocation and use of these funds; and to execute all future
amendments, modifications, extensions, and augmentations relative to the subrecipient
agreements, as necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of
executing this Agreement, and the County of Los Angeles Board of Supervisors July 30,
2019 authorized the CEO to prepare and execute this Agreement.
Grants/SHSP 2018/SRA/ Page 1
33
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
SECTION I
INTRODUCTION
§101. Parties to this A reement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its
principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street,
Los Angeles, CA 90012; and
B. City of E1 Segundo , a public agency, having its principal office at
350 Main Street, El Segundo, CA 90245
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications must
be given are as follows:
The representative of the County of Los Angeles is, unless otherwise
stated in this Agreement:
Craig Hirakawa, Grant Manager
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
chirakawa@ceo.lacounty.gov
Giles Quan
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-2319
Fax: (213) 687-3765
gquan@ceo.lacounty.gov
Grants/SHSP 2018/SRA/ Page 2
34
2. The representative of Subrecipient is.-
Name
s:
Name and Title:
Organizational DUNS
Number
Address:
City/State/Zip:
Phone:
FAX:
Email:
With a copy to.
Name and Title
Address:
City/State/Zip:
Phone:
FAX:
Email:
Scott Mitnick, City Manager
077-264679
350 Main Street
E1 Segundo, CA 90245
i
310-524-2301
smitnick@elsegundo.org
SaroA tynxnUiner
g yst
314 Main Street
E1 Segundo, CA 90245
310-524-2235
310-414-0929
curner@elsegundo.org
B. Formal notices, demands and communications to be given hereunder by either
party must be made in writing and may be effected by personal delivery, regular
U.S. Postal mail service and/or e-mail. In the event of personal delivery or email,
the message will be deemed communicated upon receipt by the County of Los
Angeles. In the event of mail service, the message will be deemed
communicated as of the date of mailing.
C. If the name and/or title of the person designated to receive the notices, demands
or communications or the address of such person is changed, written notice must
be given, in accord with this section, within five (5) business days of said change.
Grants/SHSP 2018/SRA/ Page 3
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§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the County of Los Angeles. An employee of Subrecipient is not, and
will not be deemed, an employee of the County of Los Angeles by virtue of this
Agreement, and Subrecipient must so inform each employee organization and
each employee who is hired or retained under this Agreement. Subrecipient
must not represent or otherwise hold out itself or any of its directors, officers,
partners, employees, or agents to be an agent or employee of the County of Los
Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This A reement
Subrecipient must provide the following signed documents to the County of
Los Angeles, unless otherwise exempted:
A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A
and made a part hereof, in accordance with §411.A.14 of this Agreement.
Subrecipient must also file a Disclosure Form at the end of each calendar quarter
in which there occurs any event requiring disclosure or which materially affects
the accuracy of the information contained in any Disclosure Form previously filed
by Subrecipient.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and
made a part hereof, as required by Executive Order 12549 in accordance with
§411.A.12 of this Agreement.
C. Certification Regarding Drug -Free Workplace, attached hereto as Exhibit C and
made a part hereof, in accordance with §411.A.13 of this Agreement.
D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part
hereof, in accordance with §411.0 of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2018 to
February 28, 2021, unless the County of Los Angeles, with Cal OES approval,
provides written notification to the Subrecipient that the performance period has
been extended, in which case the performance period will be so extended by
such written notification, as provided in §502, below.
Grants/SHSP 2018/SRA/ Page 4
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§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a
mutually approved budget/expenditure plan, hereinafter "Budget," for the 2018
SHSP, which has been approved by Cal OES. This information is contained in a
copy of the Final Grant Award Letter and Project Worksheet, attached hereto as
Exhibit E.
Any request by Subrecipient to modify the Budget must be made in writing with
the appropriate justification and submitted to CEO for approval. If during the
County of Los Angeles review process, additional information or documentation
is required, the Subrecipient will have ten (10) business days to comply with the
request. If the Subrecipient does not comply with the request, CEO will issue
written notification indicating that the requested modification will not be
processed. Modifications must be approved in writing by the County of Los
Angeles and Cal OES during the term of this Agreement. Upon approval, all
other terms of this Agreement will remain in effect.
Subrecipient must utilize grant funds in accordance with all Federal regulations
and State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing
funds for program activities, and will not supplant (replace) non -Federal funds.
C. Subrecipient must review the Federal Debarment Listing at
https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf prior to the
purchase of equipment or services to ensure the intended vendor is not listed
and also maintain documentation that the list was verified.
D. Prior to the purchase of equipment or services utilizing a sole source contract or
the receipt of single bid response of $250,000.00 or more, justification must be
presented to CEO, who upon review will request approval from Cal OES. Such
approval in writing must be obtained prior to the commitment of funds.
E. Subrecipient must provide any reports requested by the County of Los Angeles
to the CEO indicating Subrecipient's performance under this Agreement,
including progress on meeting program goals. Reports must be in the form
requested by the County of Los Angeles, and must be provided by the fifteenth
(15th) of the following month. Subrecipient is required to complete any survey
requests requested by the County of Los Angeles. Subrecipient must also
submit completed Project Claims for reimbursement immediately or a minimum
on a quarterly basis, and no later than the date stated in §201, above.
F. Subrecipient must provide an electronic copy of their Annual Single Audit Report,
as required by 2 CFR Part 200, to CEO no later than March 31St (fiscal year
ending June 30) or June 30th (fiscal year ending September 30) of the year
following the reporting period.
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G. Subrecipient may be monitored by the County of Los Angeles on an annual basis
to ensure compliance with Cal OES grant program requirements. The County of
Los Angeles anticipates that said monitoring may include, at a minimum, one on-
site visit during the term of this Agreement.
H. Subrecipient must provide a Corrective Action Plan to CEO within thirty (30) days
of any audit finding.
Any equipment acquired pursuant to this Agreement must be authorized in the
G&T Authorized Equipment List (AEL) available online at
https://www.fema.gov/authorized-equipment-list and the Funding Guidelines of
the 2018 SHSP Notice of Funding Opportunity, incorporated by reference, and
attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its
most current procurement guidelines and follow its own procurement
requirements as long as they meet or exceed the minimum Federal requirements
and any added Cal OES requirements. Federal procurement requirements for
the 2018 SHSP can be found at Title 2 CFR Part 200.313.
Any equipment acquired or obtained with Grant Funds:
Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant;
2. Will be consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
Equipment acquired pursuant to this Agreement will be subject to the
requirements of Title 2 CFR Part 200.313. For the purposes of this subsection,
"Equipment" is defined as tangible nonexpendable property, having a useful life
of more than one year which costs $5,000.00 or more per unit. Items costing
less than $5,000.00, but acquired under the "Equipment" category of the Grant
must also be listed on any required Equipment Listing.
Equipment must be used by Subrecipient in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
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2. Subrecipient must make Equipment available for use on other like projects
or programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for other use
must be given to other programs or projects supported by the awarding
agency.
3. An Equipment Listing must be maintained listing each item of Equipment
acquired with SHSP funds. The Equipment Listing must be kept up to
date at all times. Any changes must be recorded in the Listing within ten
(10) business days and the updated Listing is to be forwarded to the
County of Los Angeles Auditor -Controller (A -C) Shared Services Division.
The Equipment Property Records must be maintained that include: (a) a
description of the property, (b) a serial number or other identification
number, (c) the source of property, (d) who holds title, (e) the acquisition
date, (f) and cost of the property, (g) percentage of Federal participation in
the cost of the property, (h) the location, (i) use and condition of the
property, 0) and any ultimate disposition data including the date of
disposal and sale price of the property. Records must be retained by the
subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.
4. All Equipment obtained under this Agreement must have an appropriate
identification decal affixed to it, and, when practical, must be affixed where
it is readily visible.
5. A physical inventory of the Equipment must be taken by the Subrecipient
and the results reconciled with the Equipment Listing at least once every
two years or prior to any site visit by State or Federal auditors or County
of Los Angeles monitors. The Subrecipient is required to have on file a
letter certifying as to the accuracy of the Equipment Listing in the
frequency as above, and provide to the CEO when requested.
K. Any Planning paid pursuant to this Agreement must conform to the guidelines as
listed in 2018 SHSP, Notice of Funding Opportunity or subsequent grant year
programs.
L. Any Training paid pursuant to this Agreement must conform to the guidelines as
listed in 2018 SHSP, Notice of Funding Opportunity, and must be first submitted
to CEO and then pre -authorized by Cal OES. A catalog of federally approved
and sponsored training courses is available at
https-//www.firstrespondertraining.gov/fits/
M. Any Exercise paid pursuant to this Agreement must conform to the guidelines as
listed in 2018 SHSP, Notice of Funding Opportunity. Detailed Homeland Security
Exercise and Evaluation Program Guidance is available at
https://www.fema.gov/hseep
Grants/SHSP 2018/SRA/ Page 7
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N. Subrecipient must provide to CEO a spending plan detailing the required steps
and timeframes required to complete the approved projects within the grant
timeframe. Subrecipient must submit the spending plan to CEO prior to final
execution of the Agreement.
O. Any Organization activities paid pursuant to this Agreement must conform to the
guidelines as listed in 2018 SHSP, Notice of Funding Opportunity.
P. Any Personnel activities paid pursuant to this Agreement must conform to the
guidelines as listed in 2018 SHSP, Notice of Funding Opportunity.
Q. Pursuant to this Agreement, indirect costs are not reimbursable.
SECTION III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant
amount of $686,300.00 as expenditures are incurred and paid by Subrecipient
and all documentation is reviewed and approved by County of Los Angeles. All
expenditures must be for the purchase of equipment, exercises, training, and
planning as described in Section II of this Agreement. The grant amount
represents the amount allocated to Subrecipient in the 2018 SHSP Grant Award
Letter from Cal OES.
B. Subrecipient must submit reimbursement requests to the County of Los Angeles
A -C Shared Services Division requesting payment as soon as a Project is
completed and expenses are incurred and paid with the required supporting
documentation; submission can be sent immediately or at a minimum on a
quarterly basis, and no later than the date stated in §201, above. Each
reimbursement request must be accompanied by the Reimbursement Form
(attached hereto as Exhibit G). All appropriate back-up documentation must be
attached to the reimbursement form, including the method of procurement,
purchase orders, invoices, report of goods received, and proof of payment.
For Training reimbursements, Subrecipient must include a copy of the class
roster verifying training attendees, proof that prior approval was obtained from
Cal OES and that a Cal OES tracking number has been assigned to the course,
and timesheets and payroll registers for all training attendees.
For Exercise reimbursements, Subrecipient must enter the After Action Report
(AAR) and Improvement Plan on the State Office of Domestic Preparedness
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secure portal within sixty (60) days following completion of the exercise and
submit proof of prior State approval of the AAR with the reimbursement request.
For Planning reimbursements, Subrecipient must include a copy of the final
tangible product as a result of the Planning Project.
C. The County of Los Angeles may, at its discretion, reallocate unexpended grant
funds to another subrecipient. Said reallocation may occur upon approval by the
County of Los Angeles of a Subrecipient reimbursement submission, inquiry
from the County of Los Angeles to the Subrecipient regarding fund utilization, or
by written notification from the Subrecipient to the County of Los Angeles that a
portion of the grant funds identified in §301.A., above, will not be utilized. As
provided in §502, below, any increase or decrease in the grant amount specified
in §301.A., above, may be effectuated by a written notification by the County of
Los Angeles to the Subrecipient.
D. Payment of reimbursement request will be withheld by the County of Los Angeles
until the County of Los Angeles has determined that Subrecipient has turned in
all supporting documentation and completed the requirements of this Agreement.
E. It is understood that the County of Los Angeles makes no commitment to fund
this Agreement beyond the terms set forth herein.
F. 1. Funding for all periods of this Agreement is subject to continuing Federal
appropriation of grant funds for this program. In the event of a loss or reduction
of Federal appropriation of grant funds for this program, the Agreement may be
terminated, or appropriately amended, immediately upon notice to Subrecipient
of such loss or reduction of Federal grant funds.
2. County of Los Angeles will make a good -faith effort to notify Subrecipient, in
writing, of such non -appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do
not, and will not be deemed to, affect the meaning or construction of any of the
terms or provisions hereof. The language of this Agreement will be construed
according to its fair meaning and not strictly for or against either party.
Grants/SHSP 2018/SRA/ Page 9
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§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the
United States of America, the State of California, and the County of Los Angeles.
This Agreement will be enforced and interpreted, as applicable, under the laws of
the United States of America, the State of California and the County of Los
Angeles.
If any part, term or provision of this Agreement is held void, illegal,
unenforceable, or in conflict with any law of a Federal, State or Local
Government having jurisdiction over this Agreement, the validity of the remainder
of the Agreement will not be affected thereby.
Applicable Federal or State requirements that are more restrictive will be
followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or
agreement set forth herein, or should any representation made by it be untrue,
any aggrieved party may avail itself of all rights and remedies, at law or equity, in
the courts of law. Said rights and remedies are cumulative of those provided for
herein except that in all events, no party may recover more than once, suffer a
penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the
written permission of the County of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all
permits and licenses necessary for Subrecipient's performance hereunder and
must pay any fees required therefor. Subrecipient further certifies that it will
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immediately notify the County of Los Angeles of any suspension, termination,
lapse, non -renewal or restriction of licenses, certificates, or other documents.
§407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of
California, and the County of Los Angeles. In performing this Agreement,
Subrecipient must not discriminate in its employment practices against any
employee or applicant for employment because of such person's race, religion,
national origin, ancestry, sex, sexual orientation, age, physical handicap, mental
disability, marital status, domestic partner status or medical condition.
Subrecipient must comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR Part 60).
If required, Subrecipient must submit an Equal Employment Opportunity Plan to
the Department of Justice Office of Civil Rights in accordance with guidelines
listed at https://www.mustice.gov/crt.
Any subcontract entered into by the Subrecipient relating to this Agreement, to
the extent allowed hereunder, will be subject to the provisions of this §407 of this
Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision
is written in contemplation of the provisions of Section 895.2 of the Government
Code of the State of California, which impose certain tort liability jointly upon
public entities, solely by reason of such entities being parties to an agreement,
and the parties agree that this indemnity provision will apply and will be
enforceable regardless of whether Section 895 et seq. is deemed to apply to this
Agreement. The parties hereto, as between themselves, consistent with the
authorization contained in Government Code Sections 895.4 and 895.6 agree to
each assume the full liability imposed upon it or upon any of its officers, agents,
or employees by law, for injury caused by a negligent or wrongful act or omission
occurring in the performance of this Agreement, to the same extent that such
liability would be imposed in the absence of Government Code Section 895.2.
To achieve the above -stated purpose, each party agrees to indemnify and hold
harmless the other party for any liability arising out of its own negligent acts or
omissions in the performance of this Agreement (i.e., the Subrecipient agrees to
indemnify and hold harmless the County of Los Angeles for liability arising out of
the Subrecipient's negligent or wrongful acts or omissions and the County of Los
Angeles agrees to indemnify and hold harmless the Subrecipient for liability
arising out of the County of Los Angeles' negligent or wrongful acts or
omissions). Each party further agrees to indemnify and hold harmless the other
party for liability that is imposed on the other party solely by virtue of Government
Grants/SHSP 2018/SRA/ Page 11
43
Code Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if fully set forth herein. Subrecipient certifies that it
has adequate self-insured retention of funds to meet any obligation arising from
this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or
agents may participate in selecting, or administrating, any subcontract supported
(in whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California
Political Reform Act, California Government Code §87100 et seq. if such
person were a public officer, because such person would have a "financial
or other interest" in the subcontract.
B. Definitions:
The term "immediate family" means domestic partner and/or those
persons related by blood or marriage, such as husband, wife, father,
mother, brother, sister, son, daughter, father in law, mother in law, brother
in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract,
including but not limited to, a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment, a profit,
or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or
more; ownership of five percent or more of the stock; employment in
a managerial capacity; or membership on the board of directors or
governing body.
C. The Subrecipient further covenants that no officer, director, employee, or agent
may solicit or accept gratuities, favors, or anything of monetary value from any
Grants/SHSP 2018/SRA/ Page 12
actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any officer,
employee, or agent).
D. The Subrecipient may not subcontract with a former director, officer, or employee
within a one year period following the termination of the relationship between
said person and the Subrecipient.
E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the
Subrecipient must disclose to the County of Los Angeles any relationship,
financial or otherwise, direct or indirect, of the Subrecipient or any of its officers,
directors or employees or their immediate family with the proposed subcontractor
and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references are made to the guidelines, rules, and laws of the
County of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
G. The Subrecipient warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
H. The Subrecipient covenants that no member, officer or employee of Subrecipient
may have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his/her tenure as such employee, member or officer or for one year thereafter.
I. The Subrecipient must incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this grant and must
substitute the term "subcontractor" for the term "Subrecipient" and "sub
subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts
A. Subrecipient must comply with all applicable requirements of State, Federal, and
County of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. Subrecipient must comply with applicable State and Federal laws
and regulations pertaining to labor, wages, hours, and other conditions of
employment. Subrecipient must comply with new, amended, or revised laws,
Grants/SHSP 2018/SRA/ Page 13
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regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
CFR
Subrecipient must comply with Title 2 CFR Part 200.
2. Single Audit Act
Since Federal funds are used in the performance of this Agreement,
Subrecipient must, as applicable, adhere to the rules and regulations of
the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any
administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the
Americans with Disabilities Act 42, USC §§12101 et seg., and its
implementing regulations. Subrecipient will provide reasonable
accommodations to allow qualified individuals with disabilities to have
access to and to participate in its programs, services and activities in
accordance with the provisions of the Americans with Disabilities Act.
Subrecipient will not discriminate against persons with disabilities nor
against persons due to their relationship to or association with a person
with a disability. Any subcontract entered into by Subrecipient, relating to
this Agreement, to the extent allowed hereunder, will be subject to the
provisions of this paragraph.
4. Political and Sectarian 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. Neither may any funds provided under this Agreement be used for
any purpose designed to support or defeat any pending legislation or
administrative regulation. None of the funds provided pursuant to this
Agreement may be used for any sectarian purpose or to support or benefit
any sectarian activity.
Subrecipient must file a Disclosure Form at the end of each calendar
quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of any of the information contained in any
Disclosure Form previously filed by Subrecipient. Subrecipient must
require that the language of this Certification be included in the award
documents for all sub -awards at all tiers and that all subcontractors certify
and disclose accordingly.
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5. Records Inspection
At any time during normal business hours and as often as either the
County of Los Angeles, the U.S. Comptroller General or the Auditor
General of the State of California may deem necessary, Subrecipient must
make available for examination all of its records with respect to all matters
covered by this Agreement. The County of Los Angeles, the U.S.
Comptroller General and the Auditor General of the State of California
have the authority to audit, examine and make excerpts or transcripts from
records, including all Subrecipient's method of procurement, invoices,
materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County of
Los Angeles regarding performance of this Agreement.
6. Records Maintenance
Records, in their original form, must be maintained in accordance with
requirements prescribed by the County of Los Angeles 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 five (5) 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. The County of Los Angeles may, at its discretion, take
possession of, retain and audit said records. Records, in their original
form pertaining to matters covered by this Agreement, must at all times be
retained within the County of Los Angeles unless authorization to remove
them is granted in writing by the County of Los Angeles.
7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and
County of Los Angeles standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts include but are not limited to
purchase agreements, rental or lease agreements, third party agreements,
consultant service contracts and construction subcontracts.
Subrecipient must, as applicable, ensure that the terms of this Agreement
with the County of Los Angeles are incorporated into all Subcontractor
agreements. The Subrecipient must submit all Subcontractor agreements
to the County of Los Angeles for review prior to the release of any funds to
the Subcontractor. The Subrecipient must withhold funds to any
Subcontractor agency that fails to comply with the terms and conditions of
this Agreement and their respective Subcontractor agreement.
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8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
requirements for merit systems for programs funded under one of the 19
statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System Personnel Administration (5 CFR 900, Subpart F).
Subrecipient must, as applicable, comply with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7); the Copeland Act (40 U.S.C.
§276c and 18 U.S.C. §874); the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally -assisted construction subagreements; and the Hatch Act (5 USC
§§1501-1508 and 7324-7328).
Subrecipient must, as applicable, comply with the Federal Fair Labor
Standards Act (29 U.S.C. §201) regarding wages and hours of
employment.
None of the funds may be used to promote or deter union/labor organizing
activities. CA Gov't Code Sec. 16645 et seg.
9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating
to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of disabilities; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to non-discrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being
made; 0) the requirements of any other nondiscrimination statute(s) that
may apply to the application; and (k) P.L. 93-348 regarding the protection
Grants/SHSP 2018/SRA/ Page 16
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of human subjects involved in research, development, and related
activities supported by this award of assistance.
10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with
the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs.
These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
Subrecipient must, as applicable, comply with environmental standards
which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project
consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.); (f) conformity of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42
U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); (h) protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection
Act of 1973 §102(a) (P.L. 93-234).
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers
Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
Subrecipient must, as applicable, comply with the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the
use of lead-based paint in construction or rehabilitation of residence
structures.
Subrecipient must, as applicable, comply with the Federal Water Pollution
Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the
chemical, physical and biological integrity of the Nation's waters.
Subrecipient must, as applicable, ensure that the facilities under its
ownership, lease or supervision that are utilized in the accomplishment of
this project are not listed in the Environmental Protection Agency's (EPA)
list of Violating Facilities and that it will notify the Federal Grantor agency
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