Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
CONTRACT 3572 OtherOFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
March 29, 2006
David Burns
Emergency Services Coordinator
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
RE: Fiscal Year 2005 Urban Areas Security Initiative
Dear Mr. Burns:
352. {
Enclosed, please find the executed agreement between the City of Los Angeles
and the City of El Segundo in connection with the Urban Areas Security Initiative
Grant Fiscal Year 2005.
If you have any further questions, you can contact me at (213) 978 -0706 or
laura.shin @lacity.org.
Ve truly yours,
ura Shin
Mayor's Office
Homeland Security and Public Safety
LS:ty
M
200 NORTH SPRING STREET • LOS ANGELES, CALIFORNIA 90012
PHONE: (213) 978 -0600 • FAX: (213) 978 -0750 @
EMAIL: MAYORQLACITY.ORG
AGREEMENT
Contractor: G1`I of 6ISE( w\M
Said Agreement is Number G-109(olq of City Contracts
M
Iq
35724,,:
Section Number and Table
TABLE OF CONTENTS
I
INTRODUCTION
§101 Parties to the Agreement
§102 Representatives of the Parties and Service of Notices
§103 Independent Party
§104 Conditions Precedent to Execution of this Agreement
11
TERM AND SERVICES TO BE PROVIDED
§201 Time of Performance
§202 Use of Grant Funds
III
PAYMENT
§301 Payment of Grant Funds and Method of Payment
IV
STANDARD PROVISIONS
§401 Construction of Provisions and Titles Herein
§402 Applicable Law, Interpretation and Enforcement
§403 Integrated Agreement
§404 Excusable Delays
§405 Breach
§406 Prohibition Against Assignment or Delegation
§407 Permits
§408 Non - Discrimination and Affirmative Action
§409 Los Angeles City Business Tax Registration Certificate
UASI Gov't PSA i
357 2 ' , , t
2/05
Page
6
6
7
7
10
12
12
12
12
13
13
13
13
14
M
M
TABLE OF CONTENTS
Section Number and Table
§410 Bonds
§411 Indemnification
§412 Conflict of Interest
§413 Insurance (Intentionally left blank)
§414 Restriction on Disclosures
§415 Statutes and Regulations Applicable to All Grant Contracts
§416 Federal, State, and Local Taxes
§417 Inventions, Patents and Copyrights
§418 Earned Income Tax Credit
§419 Equal Benefits Ordinance
§420 Contractor Responsibility Ordinance
§421 Slavery Disclosure Ordinance
§422 Child Support Assignment Orders
V
DEFAULTS SUSPENSION, TERMINATION, AND AMENDMENTS
Page
14
14
15
16
16
16
23
23
24
25
25
26
26
§501 Defaults 27
§502 Suspensions (Intentionally left blank) 27
§503 Compliance With Grant Assurances 27
§504 Notices of Suspension and Termination (Intentionally left blank) 27
§505 Amendments 27
VI
ENTIRE AGREEMENT
§601 Complete Agreement 28
§602 Number of Pages and Attachments 28
Execution (Signature) Page 29
UASI Gov't PSA
ii
os /o5
M
M
3572-.4
Exhibits
Exhibit A
Insurance (Not applicable to this Agreement)
Exhibit B
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C
Certification Regarding Lobbying
Exhibit D
Contractor's Authorized Expenditures
Exhibit E
Authorized Equipment
Exhibit F
Authorized Training
Exhibit G
Cash Encumbrance Form
Exhibit H
Cash Request Form
Exhibit I
Equal Employment Opportunity Plan
Exhibit J
Grant Assurances
UASI Gov't PSA
iii
08/05
AGREEMENT NUMBER OF CITY CONTRACTS
r• BETWEEN
THE CITY
AND THE CITY OF El Segundo
n
3572 • , ..
THIS AGREEMENT is made and entered into by and between the City of Los
Angeles, a municipal corporation (hereinafter called the "City, "), and City of El Segundo,
a municipal corporation (hereinafter called "City of El Segundo" or "Contractor ").
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security ( "DHS" or "Grantor "),
through the Office for Domestic Preparedness (ODP), has provided financial assistance
directly to selected jurisdictions through the Fiscal Year (FY) 2005 Urban Areas Security
Initiative ( "UASI 05 "); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Los Angeles Urban Area ( "LAUA") consists of the City of Los
Angeles, the unincorporated area of the County of Los Angeles, and 16 cities with
contiguous borders, including City of El Segundo); and
WHEREAS, the ODP awarded a UASI 05 Grant of $55,944,662 ( "Grant Funds ")
to the City of Los Angeles, as a Core City, for use in the LAUA; and
WHEREAS, the City has designated the Office of the Mayor, Criminal Justice
Planning ( "Mayor's Office ") to provide for Criminal Justice Planning and terrorism
preparedness; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 05 Grant Funds
throughout the LAUA, as further detailed in this agreement ( "Agreement ") to City of El
Segundo and others;
WHEREAS, the projects which are the subjects of this agreement, hereinafter
called the Agreement, has been established by the City as one of the above described
programs, and has been funded in the Mayor's Office budget by the U.S. Department of
Homeland Security, Urban Area Security Initiative Program (Grantor); and
WHEREAS, the services to be provided herein are of a professional, expert,
temporary, and occasional nature; and
UASI Gov't PSA 4 08/05
R
n
3572 • .
WHEREAS, pursuant to Los Angeles City Charter Section 1022, the City Council
or designee has determined that the work can be performed more economically or
feasibly by independent contractors than by City employees; and
WHEREAS, the City and City of El Segundo are desirous of executing this
Agreement as authorized by the City Council and the Mayor (refer to Council File
Number 05-MTS dated I2 zo os ) which authorizes the City to prepare and
execute the Agreement.
NOW, THEREFORE, the City of Los Angeles and City of El Segundo agree as follows:
UASI Gov't PSA 5 08/05
M
I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North Main
Street, Los Angeles, California 90012; and
B. City of El Segundo, a municipal corporation, having its principal office at
§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 shall
be given are as follows:
1. The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
Joe Jackson
Office of the Mayor, Criminal Justice Planning Office
City of Los Angeles
200 N. Spring Street, Third Floor
Los Angeles, CA 90012
2. The representative of City of El Segundo shall be:
}eff S}eaa -{
Main, City Manager
350 Main Street
El Segundo, CA 90245
with a copy to:
Mark D. Hensley, City Attorney
350 Main Street
El Segundo, CA 90245
UASI Gov't PSA 6 08/05
e
M
B. Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) working days of said change.
§103. Independent Party
City of El Segundo is acting hereunder as an independent party, and not as an
agent or employee of the City of Los Angeles. No employee of City of El
Segundo, is, or shall be an employee of the City of Los Angeles by virtue of this
Agreement, and City of El Segundo shall so inform each employee organization
and each employee who is hired or retained under this Agreement. City of El
Segundo shall 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 City of
Los Angeles.
§104. Conditions Precedent to Execution of This Agreement
City of El Segundo shall provide copies of the following documents to the City of
Los Angeles, unless otherwise exempted:
A. Proof of insurance as required by the City in accordance with Section 413 of this
Agreement and attached hereto as Exhibit A and made a part hereof. (Not
applicable to this Agreement).
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with Section §415L of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
§415C of this Agreement and attached hereto as Exhibit C and made a part
hereof. City of El Segundo shall 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 City of El Segundo.
UASI Gov't PSA 7 08/05
i J
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on October 1, 2004 and end
December 31, 2006, or upon the final disbursement of all of the Grant Amount
(as defined in Section 301) and any additional period of time as is required to
complete any necessary close -out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A. City of El Segundo shall utilize the Grant Amount provided in Section 301 only for
the specified purposes authorized by the UASI 05 Grant, and for those items set
forth in Exhibit D. City of El Segundo shall notify the City of Los Angeles
immediately if the City of El Segundo seeks to modify any of the specified
purposes set forth in Exhibit D.
B. City of El Segundo shall provide any reports requested by the City regarding
performance of the Agreement. Reports shall be in the form requested by the
City, and shall be provided in a timely manner.
C. Any equipment acquired pursuant to this Agreement shall be authorized in
Appendix A to the UASI 05 Grant Application, incorporated by reference, and
attached hereto as Exhibit E. City of El Segundo must follow its own procurement
requirements as long as they meet the minimum federal requirements. Federal
procurement requirements for the UASI 05 Grant can be found at OMB Circular
A -102, Title 28 C.F.R. Part 66.36, and DOJ Financial Guide, Part III, Chapter 10.
D. Any training exercise paid pursuant to this Agreement shall have been pre -
authorized as provided by Appendix B to the UASI 05 Grant Application,
incorporated herein by reference, and attached hereto as Exhibit F.
E. 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. Is consistent with needs as identified in the Terrorism Annex to the State's
Emergency Plan, and will be deployed in conformance with that plan;
w 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
UASI Gov't PSA 8 08/05
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual aid Plan.
F. Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and DOJ Financial Guide, Part III,
Chapter 6. For the purposes of this subsection, Equipment is defined as
nonexpendable property that is not consumed or does lose its identity by being
incorporated into another item of equipment, which costs $5,000 or more per
unit, or is expected to have a useful life of one (1) year or more. Items costing
less than $5,000, but falling into the following categories are also considered
Equipment: (1) electronics communications equipment for stationary or vehicular
use, including cellular telephones acquired by lease or purchase, and (2)
electronic office equipment, including facsimile machines, copiers, electric
typewriters, personal computers (monitors and CPU's), terminals and printers.
1. Equipment shall be used by City of El Segundo 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.
2. City of El Segundo shall make Equipment available for use on other
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 shall be given to other programs or projects supported by the
awarding agency.
3. A record shall be maintained for each item of Equipment acquired for the
program. This record must be updated yearly and forwarded to the City.
The record shall include: (a) description of the item of Equipment, (b)
manufacturer's model and serial number, (c) Federal Stock number,
national stock number, or other identification number; (d) the source of
acquisition of the Equipment, including the award number, (e) date of
acquisition; (f) the per unit acquisition cost of the Equipment, (g) records
showing maintenance procedures to keep the Equipment in good running
order, and (h) location and condition of Equipment. Records must be
retained pursuant to 28 C.F.R. Part 66.42, and DOJ Financial Guide, Part
III, Chapters 6 and 12.
4. All equipment obtained under this Agreement shall have an identification
decal affixed to it, and, when practical, shall be affixed where it is readily
visible.
5. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every two years.
UASI Gov't PSA 9 08/05
3572.
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall pay to City of El Segundo the grant amount of Six
Hundred Eight Thousand One Hundred Eighteen Dollars ($608,118) to be used
for purchase of equipment and training as described in Section 202 above. The
Grant Amount represents the amount allocated to City of El Segundo in the FY
'05 UASI grant award notice.
B. The City of El Segundo may make UASI purchases without having to front its own
funds. Once purchases are cleared through El Segundo's internal procurement
process, a copy of the purchase order, a copy of the invoice and /or quotation for
that item, and a Cash Encumbrance Form, attached hereto as Exhibit G, shall be
submitted to the City of Los Angeles for approval. After approval is granted, the
City of El Segundo shall obtain from its vendor a final invoice, and present it to
the City of Los Angeles three weeks before delivery. The final invoice shall be
accompanied by a Cash Request Form, attached hereto as Exhibit H, detailing
the expenditures made by City of El Segundo as authorized by Section 202
above. Upon receipt of the final invoice, the City of Los Angeles will process a
check in the final invoice amount to the City of El Segundo. Upon delivery, the
City of El Segundo will forward to the City of Los Angeles, a copy of the item's
packing slip, the physical storage location, and the internal tracking number for
the item.
C. Notwithstanding anything to the contrary herein, City of El Segundo may procure
equipment through the "Equipment Purchase Assistance Program," as more fully
described in "Fiscal Year 2005, Homeland Security Grant Program, Program
Guidelines and Application Kit, page 44. Under this program, City of El Segundo
may select equipment from Fischer Scientific, the Grantor will pay the vendor
directly, and the dollar amount of § 301A of this Agreement shall reduced by the
corresponding amount. City of El Segundo shall notify the City of Los Angeles
thirty (30) days prior to using the "Equipment Purchase Program," and shall
submit to the City of Los Angeles a final report reconciling the full amount of the
Agreement, ninety (90) days before the Agreement terminates.
D. The City of El Segundo shall advance its own funds and seek reimbursement for
any training exercises. The City of El Segundo shall provide to the City invoices
requesting payment, accompanied by a Cash Request Form, attached hereto as
Exhibit H, detailing the expenditures authorized in Section 202. Payment of final
invoices shall be withheld by the City of Los Angeles until the City has
determined that El Segundo has completed the requirements of this Agreement.
E. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set herein.
F. This section intentionally blank.
UASI Gov't PSA 10 08/05
3572 t
G. Funding for all periods of this contract is subject to the continuing availability of
r federal funds for this program to City of El Segundo. The Agreement may be
terminated immediately upon written notice to City of El Segundo of a loss or
reduction of federal grant funds.
M
UASI Gov't PSA 11 08/05
35 `i 2- : . si
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Contractor" herein and in any amendments hereto includes the party or parties
identified in this Agreement. The singular shall include the plural. If there is more
than one Contractor as identified herein, unless expressly stated otherwise, their
obligations and liabilities hereunder shall be joint and several. Use of the
feminine, masculine, or neuter genders shall be deemed to include the genders
not used.
§402. Applicable Law Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the City. This Agreement
shall be enforced and interpreted under the laws of the State of California and
the City.
If any part, term or provision of this Agreement shall be 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 remaining portions of
provisions shall not be affected thereby.
§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. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
�,W either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
UASI Gov't PSA 12 08/05
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, 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 no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
City of El Segundo may not, unless it has first obtained the written permission of
the City:
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.
§407. Permits
City of El Segundo and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for City of El Segundo's performance
hereunder and shall pay any fees required therefore. City of El Segundo further
certifies to immediately notify the City of any suspension, termination, lapses,
non - renewals or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
City of El Segundo shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, the
State of California, and the City. In performing this Agreement, City of El
Segundo shall 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. City of El Segundo
shall comply with Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375, and as supplemented in
Department of Labor regulations (41 CRF Part 60).
City of El Segundo shall comply with the provisions of the Los Angeles
Administrative Code Sections 10.8 through 10. 13, to the extent applicable hereto.
If this Agreement contains a consideration in excess of $500 but not more than
$5,000, the Equal Employment practices provisions of this Agreement shall be
UASI Gov't PSA 13 08/05
3572 .
the mandatory contract provisions set forth in Los Angeles Administrative Code
Section 10.8.3, in which event said provisions are incorporated herein by this
reference. If this Agreement contains a consideration in excess of $5,000, the
Affirmative Action Program of this Agreement shall be the mandatory contract
provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which
event said provisions are incorporated herein by this reference. City of El
Segundo shall also comply with all rules, regulations, and policies of the City's
Board of Public Works, Office of Contract Compliance relating to
nondiscrimination and affirmative action, including the filing of all forms required
by City.
If required, City of El Segundo shall submit an Equal Employment Opportunity
Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with the
OCR letter dated July 29, 2002, attached to the UASI 05 Grant application as
Appendix E, incorporated herein, and attached hereto as Exhibit I.
Any subcontract entered into by the Contractor relating to this Agreement, to the
extent allowed hereunder, shall be subject to the provisions of this § 408.
§409. Los Angeles City Business Tax Registration Certificate
Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1,
Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is
not applicable.
§410. Bonds
Duplicate copies of all bonds which may be required hereunder shall conform to
City requirements established by charter, ordinance or policy and shall be filed
with the Office of the City Attorney for its review in accordance with Los Angeles
Administrative Code Sections 11.47 through 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Section 895.4 and 895.6 of said Code, will 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 Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. City of El Segundo
certifies that it has adequate self insured retention of funds to meet any obligation
UASI Gov't PSA 14 08/05
3572..,.
arising from this Agreement.
§412. Conflict of Interest
A. The Contractor covenants that none of its directors, officers, employees, or
agents shall 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:
1. The term "immediate family" includes but is not limited to 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" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract,
including 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. No members of the Board of Directors may be employed by the Contractor if this
Contractor is a corporation.
D. The Contractor further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary value from any
UAS I Gov't PSA 15 08/05
'7
4
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).
E. The Contractor shall 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 Contractor.
F. Prior to obtaining the City's approval of any subcontract, the Contractor shall
disclose to the City any relationship, financial or otherwise, direct or indirect, of
the Contractor or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws of
the City of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
H. The Contractor 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.
I. The Contractor covenants that no member, officer or employee of Contractor
shall have interest, direct or indirect, in any contract or subcontract or the
w 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.
J. The Contractor shall incorporate the foregoing subsections of this Section into
every agreement that its enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and
"sub- subcontractor" for "Subcontractor".
§413. Insurance (Intentionally Left Blank)
§414. Restriction on Disclosures
Any reports, analysis, 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.).
§415. Statutes and Regulations Applicable To All Grant Contracts
A. City of El Segundo shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. City of El Segundo shall comply with state and federal laws and
Nw regulations pertaining to labor, wages, hours, and other conditions of
employment. City of El Segundo shall comply with new, amended, or revised
laws, regulations, and /or procedures that apply to the performance of this
UASI Gov't PSA 16 08/05
3572 ,
Agreement. These requirements include, but are not limited to:
Office of Management and Budget (OMB) Circulars
City of El Segundo shall comply with OMB Circulars, as applicable: OMB
Circular A -21 (Cost Principles for Educational Institutions); OMB Circular
A -87 (Cost Principles for State,,Local, and Indian Tribal Governments);
OMB Circular A -102 (Grants and Cooperative Agreements with State and
Local Governments); Common Rule, Subpart C for public agencies or
OMB Circular A -110 (Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and
Other Non - Profit Organizations); OMB Circular A -122 (Cost Principles for
Non - Profit Organizations); OMB Circular A -133 (Audits of States, Local
Governments, and Non - Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement, City of El
Segundo shall adhere to the rules and regulations of the Single Audit Act,
31 USC Sec. 7501 et seq.; City Council action dated February 4, 1987
(C.F. No. 84- 2259 -S1); and any administrative regulation or field memos
implementing the Act.
rr 3. Americans with Disabilities Act
City of El Segundo hereby certifies that it will comply with the Americans
with Disabilities Act 42, USC §§ 12101 et sea., and its implementing
regulations. City of El Segundo 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. City of El Segundo 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 the City of El Segundo, relating to this
Contract, to the extent allowed hereunder, shall 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 shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall 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 shall be used for any sectarian purpose or to support or benefit
any sectarian activity.
UASI Gov't PSA 17 08/05
-572 ,
If this Agreement provides for more than $100,000.00 in grant funds or
more than $150,000 in loan funds, City of El Segundo shall submit to the
City a Certification Regarding Lobbying and a Disclosure Form, if required,
in accordance with 31 USC 1352. A copy of the Certificate is attached
hereto as Exhibit C. No funds will be released to City of El Segundo until
the Certification is filed.
City of El Segundo shall 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 City of El Segundo. City of El Segundo
shall require that the language of this Certification be included in the
award documents for all sub - awards at all tiers and that all subcontractors
shall certify and disclose accordingly.
5. Records Inspection
At any time during normal business hours and as often as the City, the
U.S. Comptroller General and the Auditor General of the State of
California may deem necessary, City of El Segundo shall make available
for examination all of its records with respect to all matters covered by this
Agreement. The City, the U.S. Comptroller General and the Auditor
General of the State of California shall have the authority to audit,
examine and make excerpts or transcripts from records, including all City
of El Segundo's invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by
this Agreement.
City of El Segundo agrees to provide any reports requested by the City
regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the City with respect to all matters covered on
file for all documents specified in this Agreement. Original forms are to be
maintained on file for all documents specified in this agreement. Such
records shall be retained for a period of 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 City may, at its discretion, take possession of,
retain and audit said records. Records, in their original form pertaining to
matters covered by this Agreement, shall at all times be retained within the
County of Los Angeles unless authorization to remove them is granted in
writing by the City.
UASI Gov't PSA 18 08/05
3572 . ,
7. Subcontracts and Procurement
City of El Segundo shall comply with the federal and City standards in the
award of any subcontracts. For purposes of this Agreement, subcontracts
shall include but not be limited to purchase agreements, rental or lease
agreements, third party agreements, consultant service contracts and
construction subcontracts.
City of El Segundo shall ensure that the terms of this Agreement with the
City are incorporated into all Subcontractor Agreements. The City of El
Segundo shall submit all Subcontractor Agreements to the City for review
prior to the release of any funds to the subcontractor. The City of El
Segundo shall withhold funds to any subcontractor agency that fails to
comply with the terms and conditions of this Agreement and their
respective Subcontractor Agreement.
8. Labor
City of El Segundo shall 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 C.F.R. 900, Subpart F).
City of El Segundo shall comply, as applicable, 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), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards
for federally- assisted construction subagreements.
City of El Segundo shall comply with the Federal Fair Labor Standards Act
(29 USC § 201) regarding wages and hours of employment.
None of the funds be used to promote or deter Union /labor organizing
activities. CA Gov't Code Sec. 16645 et seq.
Hatch Act (5 USC § §1501 -1508 and 7324 - 7328).
9. Civil Rights
City of El Segundo shall 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 handicaps; (d) The Age
UASI Gov't PSA 19 08/05
3572. , s
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; (j) the requirements of any other nondiscrimination statute(s) which
may apply to the application; and (k) P.L. 93 -348 regarding the protection
of human subjects involved in research, development, and related
activities supported by this award of assistance.
10. Environmental
City of El Segundo shall 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
,w° 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.
City of El Segundo shall 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).
Aw City of El Segundo shall 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.
UASI Gov't PSA 20 08/05
3572.
`err City of El Segundo shall 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.
City of El Segundo shall 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.
City of El Segundo shall ensure that the facilities under its ownership,
lease or supervision which shall be 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 of
the receipt of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
By signing this Agreement, City of El Segundo ensures that it is in
compliance with the California Environmental Quality Act (CEQA), Public
Resources Code §21000 et sec. and is not impacting the environment
negatively.
City of El Segundo shall comply with the Energy Policy and Conservation
Act (P.L. 94 -163, 89 Stat. 871).
11. Preservation
City of El Segundo shall comply with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological
and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.).
12. Suspension and Debarment
City of El Segundo shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and City of El
Segundo shall submit a Certification Regarding Debarment required by
Executive Order 12549 and any amendment thereto. Said Certification
shall be submitted to the City concurrent with the execution of this
Agreement and shall certify that neither City of El Segundo nor its
principals are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in this
transaction by any federal department head or agency. City of El Segundo
shall require that the language of this Certification be included in the
award documents for all sub -award at all tiers and that all subcontractors
shall certify accordingly.
UASI Gov't PSA 21 08/05
3572 . ,
13. Drug -Free Workplace
City of El Segundo shall comply with the federal Drug -Free Workplace Act
of 1988, 41 USC §701, 28 CFR Part 67; the California Drug -Free
Workplace Act of 1990, CA Gov't Code §§ 8350 -8357.
14. Miscellaneous
City of El Segundo shall comply with the Laboratory Animal Welfare Act of
1966, as amended (P.L. 89 -544, 7 USC § §2131 et. seq.
B. Statutes and Regulations Applicable To This Particular Grant
City of El Segundo shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular grant
program. City of El Segundo shall comply with new, amended, or revised laws,
regulations, and /or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of
the Comptroller, Financial Guide; U.S. Department of Homeland Security,
rr Office of State and Local Government Coordination and Preparedness,
Office for Domestic Preparedness, Urban Areas Security Initiative Grant
Program fl; ODP WMD Training Course Catalogue; and DOJ Office for
Civil Rights.
Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code
Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-
2448.
Provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal
Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42,
Nondiscrimination /Equal employment Opportunities Policies and
Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 64, Floodplain Management and Wetland
Protection Procedures; and Federal laws or regulations applicable to
federal Assistance Programs.
�%w° 2. Travel Expenses
City of El Segundo as provided herein shall be compensated for City of El
UASI Gov't PSA 22 08/05
5/2
P ,
Segundo's reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
City of El Segundo's total travel for in -State and /or out -of -State and per
diem costs shall be included in the contract budget(s). All travel including
out -of -State travel not included in the budget(s) shall not be reimbursed
without prior written authorization from the Mayor's Office.
City of El Segundo's administrative - related travel and per diem
reimbursement costs shall be reimbursed based on the City of El
Segundo's policies and procedures. For programmatic - related travel
costs, City of El Segundo's reimbursement rates shall not exceed the
amounts established by the State Department of Personnel Administration
Rules and Regulations, PML 97 -024, Section 599.619, dated July 1, 1997
and Section 599.631, and as amended from time to time.
3. Noncompliance
City of El Segundo understands that failure to comply with any of the
above assurances may result in suspension, termination or reduction of
grant funds, and repayment by City of El Segundo to City of any unlawful
expenditures.
§416. Federal. State and Local Taxes
Federal, State and local taxes shall be the responsibility of City of El Segundo as
an independent party and not as a City employee.
§417. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation, processes
and business methods made in the course of work under this Agreement, the
Contractor shall report the fact and disclose the Invention promptly and fully to
the City. The City shall report the fact and disclose the Invention to the Grantor.
Unless there is a prior agreement between the City and the Grantor, the Grantor
shall determine whether to seek protection on the Invention. The Grantor shall
determine how the rights in the Invention, including rights under any patent
issued thereon, will be allocated and administered in order to protect the public
interest consistent with the policy ( "Policy ") embodied in the Federal Acquisition
Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et
seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive
Departments and Agencies, dated 2/18/1983); and Executive Order 12591,
4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive
Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). Contractor
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
UASI Gov't PSA 23 08/05
3572•..1
B. Rights to Use Inventions
City shall have an unencumbered right, and a non - exclusive, irrevocable, royalty -free
license, to use, manufacture, improve upon, and allow others to do so for all
government purposes, any Invention developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material (Material) is developed under this
Agreement, the author or the City, at the City's discretion, may copyright
the Material. If the City declines to copyright the Material, the City shall
have an unencumbered right, and a non - exclusive, irrevocable, royalty -
free license, to use, manufacture, improve upon, and allow others to do so
for all government purposes, any Material developed under this
Agreement.
2. The Grantor shall have an unencumbered right, and a non - exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon, and
allow others to do so for all government purposes, any Material developed
under this Agreement or any Copyright purchased under this Agreement.
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C..
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Contractor shall require all subcontractors to comply with the obligations of this
section by incorporating the terms of this section into all subcontracts.
§418. Earned Income Tax Credit
Under the terms of this Agreement, City of El Segundo is exempt from
compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
UASI Gov't PSA 24 08/05
3572
• ...
§419. Equal Benefits Ordinance
Unless otherwise exempted in accordance with the provisions of the Equal
Benefits Ordinance (EBO), Section 10.8.2.1 of the Los Angeles Administrative
Code, this Contract is subject to the provisions of the EBO as amended from
time to time.
A. During the performance of the Contract, the Contractor /Consultant
certifies and represents that the Contractor /Consultant will comply with the
EBO. The Contractor /Consultant agrees to post the following statement in
conspicuous places at its place of business available to employees and
applicants for employment:
"During the performance of a Contract with the City of Los Angeles,
the Contractor /Consultant will provide equal benefits to employees
with spouses and its employees with domestic partners. Additional
information about the City of Los Angeles' Equal Benefits
Ordinance may be obtained from the Department of Public Works,
Bureau of Contract Administrator, Office of Contract Compliance
Section at (213) 847 - 6480."
B. The failure of the Contractor /Consultant to comply with the EBO
will be deemed to be a material breach of the Contract by the
Awarding Authority.
C. If the Contractor /Consultant fails to comply with the EBO the Awarding
Authority may cancel, terminate or suspend the Contract, in whole or in
part, and all monies due or to become due under may be retained by the
City. The City may also pursue any and all other remedies at law or in
equity for any breach.
D. Failure to comply with the EBO may be used as evidence against the
Contractor /Consultant in actions taken pursuant to the provisions of Los
Angeles Administrative Code Section 10.40 et seq., Contractor
Responsibility Ordinance.
E. If the Office of Contract Compliance determines that a
Contractor /Consultant has set up or used its Contracting entity for the
purpose of evading the intent of the EBO, the Awarding Authority may
terminate the Contract on behalf of the City. Violation of this provision may
be used as evidence against the Contractor /Consultant in actions taken
pursuant to the provisions of the Los Angeles Administrative Code Section
10.40 et seq., Contractor Responsibility Ordinance.
§420. Contractor Responsibility Ordinance
Under the terms of this Agreement, City of El Segundo is exempt from
compliance with the provisions of the Contractor Responsibility Ordinance
UASI Gov't PSA 25 08/05
M
3572•,:��!
(CRO), Section 10.40 et seg, of Article 14, Chapter 1 of Division 10 of the Los
Angeles Administrative Code.
§421. Slavery Disclosure Ordinance
Under the terms of this Agreement, City of El Segundo is exempt from
compliance with the Slavery Disclosure Ordinance, Section 10.41 of the Los
Angeles Administrative Code.
§422. Child Support Assignment Orders
Under the terms of this Agreement, City of El Segundo is exempt from
compliance with the Child Support Assignment Orders Ordinance, Section
10.10 of the Los Angeles Administrative Code. City of El Segundo shall
comply with California Family Code Section 5230 et seq. as applicable.
UASI Gov't PSA 26
08/05
M
3572.
V
DEFAULTS SUSPENSION TERMINATION, AND AMENDMENTS
§501. Defaults
Should City of El Segundo fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
City reserves the right to terminate the agreement, reserving all rights under state
and federal law.
§502. (This section intentionally left blank.)
§503. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative of
the City to sign certain promises regarding the way the Grant Funds would be
spent ( "Grant Assurances "), attached hereto as Exhibit J. By signing these Grant
Assurances, the City became liable to the Grantor for any funds that are used in
violation of the grant requirements. City of El Segundo shall be liable to the
Grantor for any funds the Grantor determines that City of El Segundo used in
violation of these Grant Assurances. City of El Segundo shall indemnify and hold
harmless the City for any sums the Grantor determines City of El Segundo used
in violation of the Grant Assurances.
§504. (This section intentionally left blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by City of El Segundo, and any increase or decrease in the amount
of compensation which are agreed to by the City and City of El Segundo shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
City of El Segundo agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Contract.
UASI Gov't PSA 27 08/05
OM
M
vl
ENTIRE AGREEMENT
§601. Complete Agreement
3572 .,
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty (30) pages and ten (10)
Exhibits which constitute the entire understanding and agreement of the parties.
UASI Gov't PSA 28
08/05
Mw
IM
3572 .
IN WITNESS WHEREOF, the City and City of El Segundo have caused this Agreement
to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY: xecuted this 11 da of
ROCKARD J. DELGADILLO, City Attorney , 200
By lul—wa
Deputy City tt��rney
Date _ 3 6 6
ATTEST:
FRANK T. MARTINEZ, City Clerk
APPRO 07
BY
A me for Ci
Date
ATTEST:
By:
Clerk
Date 3- l -0
El Segundo
For: THE CITY OF LOS ANGELES
Antonio V' ar igosa, Mayo
B
Executed this Znd day of
MAjzcR , 2006
For: City of El Segundo,
am
.
City Business License Number:
Internal Revenue Service ID Number:
Council File /OARS File Number: Date of Approval
Said Agreement is Number C-- %oa%o.q of City Contracts
UASI Gov't PSA 29 08/05
m
3572. .
EXHIBIT A
(This page intentionally left blank)
UASI Gov't PSA 30 08/05
3572
APPENDIX H
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
The prospective recipient of Federal assistance funds certifies that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
C- 109619
AGREEMENT NUMBER
City of El Segundo
CONTRACTOR/BORROWER/AGENCY
Jeff Stewart, City Manager
NAME AND//TITLE OF AUTHORIZED REPRESENTATIVE
SI
M
/0`
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the
certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered
an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and /or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this
agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was
erroneous, when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the
clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from
Procurement or Non - Procurement Proerams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary
excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including suspension and /or
debarment.
3b72•..,�
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants'
responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify
to any of the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
DATE
UASI Gov't PSA 31 08/05
35? 1
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and /or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or
Non - Procurement Procirams.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and /or debarment.
UASI Gov't PSA 32 08/05
CERTIFICATION REGARDING LOBBYING 35 2 ,
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
4. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less that $10,000 and not more
than $100,000 for each such failure.
C- 109619
AGREEMENT NUMBER
City of E1 Segundo
CONTRACTOR/B ORRO WER/AGENCY
Jeff Stewart, City Manager
NAME ANUM-LE OF AUTHORIZED REPRESENTATIVE
SI
0
'11u/4
3572 • , . ,
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Aureements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for
each such failure.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
UASI Gov't PSA 33 08/05
3572
EXHIBIT D
CONTRACTOR'S AUTHORIZED EXPEDITURES
UASI Gov't PSA 34 08/05
0
r
0
MAYOR'S / CJPO Fax:213- 378 -0718 Mai 1 2005 11:30 P.01
3572
a
OFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
To:
David Barns., .. .,
Fax Number:
310 - 414 -0929
From:
Teri Yin, Intern for Laura Shin
Homeland Security and Public Safety
Fax Number:
213 -978 -0718
Date:
May 1, 2006
Subject:
FY'2005 UASI Agreement, Exhibit D
Message:
Dear David,
Per our conversation, here is the complete Exhibit D to
the FY 2005 UASI Agreement with the City of El
Segundo. Please replace the Exhibit that is currently
in the document. A hardcopy will follow via US Mail.
Best,
Teri Yin
Intern
Total Number of Pages. 2 + cover sheet
MAY -01 -2006 11:01
213 979 0710
96% P.01
20'd
%96
9TLO 9L6 ZTF
TO:TT 9002- TO -AdW
mim
Z0•d 06:LL 9002 L AeW 9LLO- 9L6- C2 :)'ed OdrO / S,80AVW
C
d
a
�m
y �
W 0
C) Co
� C
�-Wc o.
3 0
�1
L�
C
Ol
v
m
m
Ln
p
p
m
m
m
m
m
y
n
ti
m
ii
K'
c
SL
0
L
•a
3
3
yam ��'
ae_n��i4
e;9=
�ga
°Bp3
•dS
�,ey'
�p «�•S
$g•
a
9�v
y�v
9n
���OS
O a
y
°
ao N
o0 •
d� °
��_
�� ��
d2'�2
w
m
y
go"t. n
7�0
SIR
FtCi
BN ,
i
�6_Gp
B�acn
3R
o'eraQa
ir
ym=
>®
gu
3 =
&�
PQ�
$9Q°am
aR
e3'vs l�y
°9�d�g
=p
aN
cog
cum
ei ,my
a�
ngntn
ieip
Uaa�
pMSiOsi
GCS
�aa
a CrCn
wrAp
�aa.p
��
e•D
oaaA
•���g
Q? i
g'$ A
�'�23'76
3
w
3
1? a
n
�
°+�m5
o
`OTen
°
°a«+a
e
P•o�
o$
°"
�.5��9s
r��BQg
a6R��•
���$Qg
�: 3
u
� �
:I
d
�°�RIS
uW8•
a
f�pg
B «o�
��,a�
K
a C+
��
3�UQ
•
G
°
8
8 3
u°
°O
o
°
0
9• o
°
o
°
°o °
�°
8 y
na
°e
LL
a a"
a
o
°
m
O
_
o
w
E7g�
dEr
—
<
s aAL
r N
O IV
.1 N
m N
ff
C�1
u
F.1
m
W
u
V
w
U
w
ti
u
W
n
n
s
C
m
tc
G
o
o
x
q�q
S
Y
c
YS
g
t
P
330
3
m
m
12m-ti
�P3s,•�"
-1 m-1
-IS ti-
iS�il -1
3s
�Sm-1
S�PZ
�Sm1
sl
3:9�
�2
a
a_�
6
,9
m
>
T T
>a
m T
vo°
o cL
d the
2
d
o
O
t
3
3
L
3
n 9
0 3
3
O
o
O
O
O
OO
N
to
n
Z0•d 06:LL 9002 L AeW 9LLO- 9L6- C2 :)'ed OdrO / S,80AVW
C
d
a
�m
y �
W 0
C) Co
� C
�-Wc o.
3 0
�1
L�
C
Ol
v
lk�w f
'd %96 SILO 6 6 ZIE
!e :!! &E -70 w
CO 5 06 :l[ 90OZ [ eew a &B- §LB- E[z :xe] odrO Z &.80* ¥w
0
c
E
�
�
§ m
@
■ e
2©
�
k
�
Q
w
E
m
x
s
&
0
.
#
&
o
�;o
»2fa
■t /��
\
i
��
�
■
% %
�
2
2 `
�
2
-
i �
■ �
4
e
� ■.■■ ¥-
#■ ■2s2
St
CL
° §f | ƒ2«i�7t
¢
i
"
11
_
_L 0 CL
C
;�£�
,fa$ g�
7 �� ■�
m�� ■-
'`£ ■�
I$( §��
■
�
k���
,�
|
■CL ■
|g��&
l
� ■! ;©
it
$;
§
ƒ
72
¢
�
�
:
\
�
9
e
el
t
®
k
#
g
R1
i§
)
§m
I
i
E
§
■� °22
(k
\ Va
� .
EI
!�• #�
■@ir a#
�
� ;•
■ | ■�
�
k
�
�
s
CO 5 06 :l[ 90OZ [ eew a &B- §LB- E[z :xe] odrO Z &.80* ¥w
0
c
E
�
�
§ m
@
■ e
2©
�
k
�
Q
w
E
m
x
s
&
0
O
cr
C
a
m
AAch CA
m CD
CL
3' 3
O
L�
cD
rim
d
1"►
m
x
Q
�u
A
W
O
f0
m
O)
A
#
m
!/)
m
M
m
!/1
m
m
Cl)
m
!A
C
m
Cl)
m
Vl
m
fp
t
c
O
7
CL
O
C
CL
O
7
O
C
0
7a
j
O
j
O
F1
Q
O
7
�i
TI
_T
-n
-n
71
m
T
_T
�]a
X53
Dry�g�
p ! 25 4
<5$a 3
��Q�
f ' 9 2
m
1
' m
38
3�.
,o
$°06-{
I �.
= m
"3
A + '
N
in '
pmi �n
u�i ro m �:
Q a 3 3
8Q
Cosa
5°41
S a my
0 0
9
��
�m
4��a
�3
4a
8
m
$ a
8m
m
a s
a0T
a3 N
a »ro
�$D
°
10.0
�}
m 3
m z`cui
DAN
c
DyN
C
D���
NN
3
�ii
3
Q °
G
�3ni
61
o
CL
O
E9 8 R
lip-Ili
M.
o0 � j
m
�W � U
�p 0� o � 3
�pVT'0�I�a L' g�0�
L f�a�
-i O�ZQc
a�
H fp �$
21
�C
g 92
g o
g
cq
p
N��Cf1w
ON
A
?
8
8 3
'b" 8p,
A8�
�8�
�81
�c�H
o H m
�3a�
c
t7 �9Q11 1,
�.
�
O
0
N
O
ao
fly
N
PY
$
s
m
A
A
M
A
J
A
O
8
�
N
pNl
c
p
tlt
O
1
O
P.
O
O
O
N
!�
i
in
q W
qO
{0
fa
la
qO
fC
�%
m
a
� m�-H
m-11x
-1-4
1,0 -
m�
o v
v v
v v
v
m o
v
°v v
3
�
o
0
0
3
3
3
3
3
3
3
O
cr
C
a
m
AAch CA
m CD
CL
3' 3
O
L�
cD
rim
d
1"►
m
x
Q
�u
ra
0
cn
C
cr
■
�
»
�
§ m
� ®
C
CL
50
�
<
■
�
�
�
—
m
z
�
%
k;
q;
,
M
/
!
2
/
A
m3
/
A0
&
i
..
...
.
............
0
§
�
\
m
!
n \
�
-
- �
(
5
7
14�
§if&
:r 16
%
A�
$ #
§ 50
!_
■�E
I §.tea■
§�;
E !|
0
0
/
c¥
g\
`A
k
a
m
CD
)
i
,
�
n
f
k
�
�
I_
01.2
mom
m
k
f
�
`
ii$$
,
k
&
_
x
,
0
77@
�
�
!
$
<
�
0
cn
C
cr
■
�
»
�
§ m
� ®
C
CL
50
�
<
■
�
�
�
—
m
z
�
%
C
'a.
V
Q •C
.7
W �p
V
C
R
.a
0
p
E
E
E
1-2
5
U
U
U
O
O
O
O
O
O
O
c
c
c
yy a
tc3i
i' E
E
E
i E
E
E
E
O
O
d
O
d
c 4p�
awva
o c
aWVa
c
aWV�
a�va
�e
c
WvaE.
��
wr
rmm
Wva
c
Q
c
Q
•
a
L C
E
L C
c
E-
L C
cy10c
•c d 'c
E•-
L c
cy10c
•c d 'e
'�E-
L C
LAc
'a d 'c
L C
gM
d 'c
E-
L C
wf0c
$ d "c
�E•-
d
E
a
g
d
E
n
c
d
E
a
g
H
FWS
y�q�
- M:
�WS
�W2
�ttQQjE•
W2r�
M -
Lum
W
W
W
E
E
LL
LL
LL
LL
lL
LL.
LL
LL
LL
LL
p
p
O
r
1�
N
n
N
O
N
O
N
O
o
U
N
19
{M�
M
19
�O�pp
IA
N
M
nK
a
Iq
^
W
QI
Vl
W
O
r
V
N
49
�M
H
N
N
/A
w
K
W
C
C
D7
m
7
ik
U
U
rn
c
rn
e
rn
c
m
c
rn
r
v,
c
a
a
d
P
N
vi
CD
W 5
�y�
w
w
� c
N
m
co
Ej
to
�ii2
d ?
a go
d C
C
a
u
E o
g�i
O
S$
$�
,n8go
g
a
C g
�E
c c
'�$.�E
cg$om
n .4�E
�d E$
8S
N
Q�j Q.,
W Ili
N y O
$
grf
r
.�-
S
o N
d$
U
Lo
d$
aU
11 dP
U
LL'
dLL O
Gd NLLNd C
H
01
N
C7
d0
YI
E
E n
E
t �nQ
E
�O
�'
Hill
G
3
Ociwcc
9Ua
U6A§
wc�ciw
O
aV)
� �
�
� a �
p cd
5
E
m
N TL
a'
Y .fi
«O
aS p
Lt
g
O .8
—
p
?
�$
'Q
_
U
E
iIt C
O
d
a
d
d
E
�
gg p
E.�
E
$.
o�
N
w
LL LL
S
j
d
O
d {j
LL Ua
8�
d
e -9
a�
a
21i
�`�
s
d
CD
1c
U h
Ssd
_ N.4
_�
r
r
r E
r E
r3
r 8
G
e
a
L.
LL
LL
LL
LL
LL
LL
LL
0
m
L17
117
U
LD
m
m
ll7
W
M
O
co
a0
O
M
E
i
1c,
n
3572
EXHIBIT E
err, AUTHORIZED EQUIPMENT
APPENDIX A TO THE UASI 2005 GRANT APPLICATION
UASI Gov't PSA 35 08/05
N
N
N
N
0
N
Z
O
N
Z
W
w
1=-
Z
W
a
w
C9
O
w
IL
In
W
R
IL
LO
Q
0
LL
N
O
C
d
Q.
.rr
_d
3
O
El
E
Q
m
3
_o
O
C
N
.� O
C _p
E
N �
E aY
U
a)
L
am
_
oco
0
� c
o O
J
NW
� Q
U
a) cc
E
a �
3
C
a)
c
cs 0
_o -0
c
ca
a) 'o
N
N cn
.0 N
L =
c
-C M
N (n
-0 •()
So
tm
cn a)
F— U
3572 .
Q
c
CD
E
•
W
c
O
a
w
+.
V
c
•
W
V
ai
a)
a
•�
U
c�
N
E
a
• 0..
d
a�
c
W
cr
W
u
d
v
Q
W
W
c
a)
cu
0
L
N
C
U)
0
U
�,
N
Q)
>
O
C
a)
V
W
fn
o
c
O
E
c
S
O
f6
c
C
C
O
a)
C
t
c
o
a)
O
c
o
o
c
-a
c
uj
E
U
Q
W
0
cv
T
.-•
aci
a)
4)
c
W
'
o
a.
a)
L
a
F�
c
a)
.n
w
M
c
a
:3
Ea
:3
a�
v
a�
0
o
w
z
o
E
o
t
.�
0
w
z
w
z
�
0
m
W
d
X
w
m
U
'
5
T
U
+-
=
a)
0
a)
0
O
O
m
m
U
m
U
a
Q
0
N
N
N
N
O
Z
O
W
P
4
�J
4.,
,W-4
0
w
a
0
w
N
2
0
2
F-
a
CL
c�
W)
U.
'35 4
N
N
N
7
N
i.N
C
Q.
w
•
c
o
m
m
c
ca
6
c
cn
a
4)
ix
r_
- E6
cn
o
`
>
m w
E
cr
=
•
E
i
C�
Q
CL
N
Ci
_
N
N
C
O
C
U
:3
cr
LIJ
O
C
(C
CL
N
N
Q
N
01
J
W
O
C
O
c
W
Z
W
Z
W
Z
O
:3
Q
cn
Q
U
U
U
E
0
'35 4
N
d.
i
EXHIBIT F
AUTHORIZED TRAINING
APPENDIX E AND F OF THE FY 2005 HOMELAND SECURITY GRANT PROGRAM
GUIDELINES
UAS I Gov't PSA 36 08/05
Iq
a
Eligible Federal Terrorism Training Courses
This information has been drawn from the Compendium of Federal Terrorism Training for State and Local
Audiences. Grantees can access this list of eligible federal terrorism preparedness courses electronically
on the Training section of the CDP website ( hftp:// www. oip.usdoi.gov /odp /training.htm) and click on the
course name to view all course information. The additional course information is also available directly
through the Compendium at http: / /www.fema.gov /compendium /index.isp.
Advanced Chemical and Biological Intearated Response Course (ACBIRC) -- Technician Level
Federal Department/Agency: Department of Defense
Sponsor: U.S. Army Dugway Proving Ground, Special Programs Division
Advanced Incident Command System (ICS)
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Advanced Life Support Response to Hazardous Materials Incidents
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Advanced Radiation Incident Operations (ARIO)
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Advanced Safety Operations and Management
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA/National Fire Academy
Agent Characteristics and Toxicity- -First Aid and Special Treatment (ACTFAST)
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Basic Incident Command
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Command and Control of Fire Department Operations at Target Hazards
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Command and Control of Incident Operations
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
F -1
• 0
M
3572.
Eligible Federal Terrorism Training Courses
Command and Control of Operations at Multi -Alarm Incidents
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Command and Control of Operations at Natural and Man -made Disasters
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Command and General Staff Functions in the Incident Command System
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Critical Response Team (CRT) Training
Federal Department/Agency: Department of Defense
Sponsor: CBC, PBA, ARC, and GP
Emergency Response to Criminal/Terrorist Incidents
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Emergency Response to Terrorism: Awareness
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emergency Response to Terrorism: Basic Concepts
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emergencv Response to Terrorism: Self -Study
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emergency Response to Terrorism: Strategic Concepts for Chief Officers
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emergency Response to Terrorism: Tactical Considerations -- Company Officer
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emergency Response to Terrorism: Tactical Considerations - -EMS
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emergency Response to Terrorism: Tactical Considerations -- Hazardous Materials
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Field Management of Chemical and Biological Casualties
Federal Department/Agency: Department of Defense
Sponsor: U.S. Army Medical Research Institute of Chemical Defense (MRICD)
F -2
..it
3
,6 5 7 2
Eligible Federal Terrorism Training Courses
Fundamentals Course for Radiological Response
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Incident Command for Hiahrise Operations
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Incident Command for Structural Collapse Incidents
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Incident Command System for Law Enforcement Agencies
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Incident Command System for Public Works
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Incident Command System Self -Study
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA - National Fire Academy
llll1iiw Incident Command System /Emergency Operations Center (ICS /EOC) Interface
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
M
Incident Response to Terrorist Bombings - Awareness
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: NMT, EMRTC, member of NDPC
Incident Safety Officer
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Intermediate Incident Command System (ICS)
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Personal Protective Equipment
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Preparing for and Managing the Consequences of Terrorism
Federal Department/Agency: Department of Defense
Sponsor: National Interagency Civil- Military Institute (NICI)
F -3
.
Eligible Federal Terrorism Training Courses
,,,. Re ACT FAST II Video /DVD (Refresher of Agent Characteristics and Toxicology First Aid and
Special Treatment)
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Security Training Courses: Response to Weapons of Mass Destruction
Federal Department/Agency: Department of Transportation
Sponsor: Federal Transit Administration
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Managemen
Institute
Sponsor: FEMA / Emergency Management Institute
Terrorism Planning Course
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Use of Auto Injectors by Civilian Emergency Medical Personnel
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Use of Biological Agent Detection Materials - -Bio -Assay (SMART) Tickets
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: Office for Domestic Preparedness
Use of Chemical Anent Detection Materials -48 M9, and M256A1 Kit
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: Office for Domestic Preparedness
Weapons of Mass Destruction Crime Scene Management for Emergency Responders
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: Community Research Associates (CRA)
Weapons of Mass Destruction HazMat Evidence Collection
Federal Department/Agency: Department of Justice - Federal Bureau of Investigation
Sponsor: Community Research Associates (CRA)
Weapons of Mass Destruction/Terrorism: An Overview (ARC 3079 -2)
Federal Department/Agency: Department of Defense
Sponsor: CBC, PBA, ARC, and GP
WMD AIM CBT Application Disk 1 • Incident Commander and Staff
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD AIM CBT Application Disk 2: HAZMAT - First Responder
Federal Department/Agency: Department of Energy
�w Sponsor: DOE
F -4
IM
Eligible Federal Terrorism Training Courses
WMD AIM CBT Application Disk 3• Hospital and EMS - First Responder
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD AIM CBT Application Disk 4: General Education
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD CBT Disk 1: Chemical Exercise
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD CBT Disk 2: Biological Exercise
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD CBT Disk 3• High- Explosive Exercise
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD CBT Disk 4: Radiological Exercise
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD Radiological /Nuclear Awareness Train - the - Trainer
Federal Department/Agency: Department of Energy
Sponsor: NNSA/NV and NCEE
WMD Radiological /Nuclear Course for HazMat Technicians
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: NNSA / NV, NCEE, member of NDPC
WMD Radiological /Nuclear Responder Operations Course
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: NNSA / NV, NCEE, member of NDPC
WMD Scenarios
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
WMD /Terrorism Chapter Leadership Course
Federal Department/Agency: Department of Defense
Sponsor: CBC, PBA, ARC, and GP
F -5
M
EXHIBIT G
CASH ENCUMBRANCEFORM
UASI Gov't PSA 37 08/05
. .
V
�
�
O
>§
km2
;$U
e�2 c
5E
q
h
0JJ�
k
�
�
�
I 2
; !
k �
$
kn �
� m
! \ §\
�§!)
§
k
�L
�§
\0
�'E
�E
�m
2ƒ
kk
(D 0)
�CL
. 8
CA.
�J
�a
7�
d0§
® {g
2\D
72k
4)
$f+
$
a■
2 ©S
Gc
7$2
/E
M. a:
m
�a2
k £0
�kf
� ■�
/cU)
_ 0
kc)
§ q E
gk�
Ae
• �a
fco
�k�
/ 8
»
§ § o e
k 0
° /
o §
�#
k�
CL
U)
�
§
E e _
(
CL . 2 §
w z \ \
«
�
$
�
« 2 m w 0
m
�
a k �
§ \ k )
w z 0. w
Q a / 2
§
§
§
%
§
$
I • s
N
m
EXHIBIT H
CASH REQUEST FORM
UASI Gov't PSA 38
08/05
2
2
§
2
\°
ƒ�
ƒ@
]k
�$
!
«
!; m
!!§�
\ kA'
. � \
� � I
� .$.
�t \t
� � k
«� °f
k�2
$
�
$,
q
2B!
!�
k
!
.z
!
� !
,
!
@ (A
2a
r
S$
%r
\\
o §
k0
� c
G%
2 \
kk
\�
Cl..O
2�
7
§ m
�J
e
§a
2f
@
$�k
»
22k
o
Ri
$�{
a: @
X 42 CM
�)k
§
\
2
\d
$/�
2
%Z
0.0
s
2
Ekk
m�2
V ©
/ § �
JE m m
!■■�
Ocoee
2.5,2
E /o� §
Ra S
)r2 \k
@
E
§
0
CL
iz
#
)
as
!!JLU 2!7!
$
§
)
�
$
�
q
;
, ,
m
35;
EXHIBIT I
EQUAL EMPLOYMENT OPPORTUNITY PLAN
OCR LETTER DATED JULY 29, 2002
ATTACHED TO THE UASI 2005 GRANT APPLICATION AS APPENDIX E
UASI Gov't PSA 39 08/05
I
M
OJi. MpertmW of Justice
Ofte of Justice Program
Office for Civil Rights
weatdta■s ac 21101
hly 29,2W2
Mr. Daps Jam
CdUhrda MOO of Fn orgaey Services
P. O. Bat 419047
Rascho Cat WM CA 95741 -9047
Doerr hair. Jotter:
yaw mom awad. Beoawe you have submitted Cad" Aatmages drat door agency a
aatttpl NNW" OWN nigher hmv. this oilloe boo Alm, wed 16at you have met dda nquheateat In
der Daptuamamt a<Jnnsdce tr<nledas �goovrrattm�p mdPiva of Fadwd MueW mulmisaee (see 26 C X om"
42104. A�iip�t 1 Obligadas). As Dbeotorpofdm OBis for Civil KWO (OCRI OfBea of Jutbe
hoRaats, i wetthl Ub to Mrx you my asdetanae ht annpkdng Ibe aadidau oftbrae Assunma,
sptrdltodly, Nos. 13,14, and 1S, as do pm pa for -ad.
As you taoow, !Tad oppaanlpr thr dm ptudekw" of woman and std A ft htdivhbds in ampbymmt aad
aervioes prtrvhled ardor ptodarm and advNes roodvlag Fedeval Nuncio! assistance Is "Ind by law.
76areCora, U ttrro has boom a Word or mm oamt at adandd* w tpeacy Rwft of disahabMta agalmt
your atenoy, plan rot *ad a copy of smob atdtr orconsmt deaac s snored by AasursoeTio. 14, to
OCR at dto U.S. D"mirment orJmaoe. Ot1be arJstiea hopuM O(Itos Isr CNU JISW 610 Seventh
Seep, N-W., Room 6136, Washington, D.C. 2031.
Addbromd 1ms*ucdom For Orammu X#Ovh F S5th1 W OrJfow.
t. In moordsae with Auuranoe No. 15, esab Smue that tocoivea SS00.000 at mote (or SI,000AO0 in
-� an 16 -moadt period). amt has SO or mote employme, mast smbmk an Equal Employment Opportunity
Plea (EEOP)within 60 days Qom tho"of Ibis letter to oCR at the above uidrom t
2. Aiternatively, the gnmec may choose to cornplote sou EEOP Shat Form, in lien of setdimg its own
comptdmWve EEOP, and room it to OCR within 60 days of dm date of this hater. This assy to-follow
EEOP Sbon Form redooes pspetvmrk and prepardom dm couddagb(y ad will ensure a gtdoker OCR
roviow and sppmvaL Mw ScmSlcp Oats NO the Dedgn and Devdopment of as EEOP win waist you
ObC0hor this regotraueot. The Scvem,3taP Gokb Ord ESOP Shat Fomn may be downloaded firm
page oa dm Ir mrnst (hV*www,c jp•uscIqj.gw/as4•
3. Pieaee ba rombWW thou the above mQW mmmm apply to Primary gtamtaa sad to each of thoh mft mtea
or wmaaerore titer mtoot the criteria oodiaed is this lemmr. 7Laeibre, all peimay gmwttma sbooM apprise
sbgtaoteee of dme raporWbill is and dtoae mating rho crUwb dtmdd a W dnk EEM ar EEOP
Short Forms dkeady to the OMO tar CIA Rights within 60 days of the date of their awast
t ifyou havo dumi(y submittod an EEOP as part of o hodw award from tho Office of Jusdoc PotiFants (0)P) or dm oMoo
of Communky'or(oMad Policing Sarvioec ( COPS) within the past w9 years, or if you hsvo opoljad dnt no $EW is
roquirod, it is isot nowsury for you to submit malW at this lime. Simply said 4 twpy ortm blW You rmdYW both OCR
showing that your ESOP or certification is accoutble along with a cover War dta( ihmuaoa dno now gmW:awmd.
FY03 Urban Area Sxurity Initiative II. Page 69
4 ,
}
Mrs., If ploy he 1Mder SO tsttgloysnF, srdlsss of Fatauw of awsed,' Fto BBOP Is "Irod. ltwnw. ww" W MI satwn
soMiabN � Tom► a aatC:R wNhlo ti0 days TMb C«dllaNlat Ponn msy dw ee dowsioWed hem
ondmil
AN
Additlopid Insltttsaons For Onm m Resslvbw 0SA00 Or Moro, But L%6w 1154100;
4. PanwM b Dsprtnwpl of ltestlw Faplstbas snob that roaches SA000 or Moro #AW Ice $0
or Mon smpleyws Is Fopehwl a Fl WN10kt a s"Wook p�pp �y Fla (8801) oa file *w
sevlasr by Ot t vm nguso. A(owowr. If IInOCFR�nIs.It iwprdsd 3i,00DA00 M on a16ANOa (Ih rnonlh
Cwtillostim Form ad town it to OCR widdp 60 days of the diNe o 1~1 �bn of the
NOTE: If me, 1% his WAK 50 of smottat ohward ao EEOP k regttlrod; hawevec. grantee mete relllm
gplkebM pottloa of OaMllatlonl+am b OCIt widdn 60 dyn.
Addllionsl lnsuuodom For &wAm Ra dvhy under S2SA0o;
S. A vewood of Feder f2f.000 is not mp" to molowis or m6mb an Bgwl Eotployment Oppo[4iNty
Plea SO
(EP) M oeosrdmw with Aeomm s No. IS. No CatlReobn it rogalrod
Iasamtleas for AN araaena:
6. In eddidoo, A rodpielo, ro$An4M of Iheir t7P0. *0 Moaetory sntowt SWW4 d, or Cite m obor
of «npioyOn M deck work(otoo. am W400t to *A - ON— ydml dNofMittstistt to any Rnedod
proresmaredift. Theref te. OCR iawWpF nompls4tohyindtvkhWs orpauPsdNalnti
doorlminttion by a roll" of OJP Radlow and mty ssgdn an taolpiano Fheotegh toteotsd aeatpliaaw
m trlews, a soOMit data a wmn dt* services we doUvoad to sm equltsbIs mmm.b dl oww"
of dw servioo gas dmiott sad dwk employmm pmodm am is aomplimm with egW aapiayment
aPP—ty —m-2
Ifyou haw any questions. plow call OM at ( 202) 7070690. Addidomi Infbrmoioo and tochnial smism" on the Civil
tights obligations orgmaten ow be found at: bW:1h ww.c jp.wdoj.pv /oce/.
Sincerely.
71-f a..--
Mfohsel L. Alston
Aetletg Dkoxor, Ofiloo (or Civil Rights
oc: CrottMaMSger
Finmolol Ansiyst
IThe employment ptselloos of oanfa Indian Mbos are not eovered by Title VII ofthe Civil Rights Ant of 1964,
42 U.S.C. section 2000e
Urban Area Security initiative 11 Page 70
M
M
3572
EXHIBIT J
GRANT ASSURANCES
UASI Gov't PSA 40 08/05
n
35 Z
Office of Homeland Security
Grant Assurances
Name of Applicant: City of Los Angeles
Address: 200 North Spring Street, Room M175
City: Los Angeles State: CA Zip Code: 90012
Telephone Number: (,213) 978 -0714
Fax Number: (213) 978 -0718
E -Mail Address: jjackson ,mayor.lacity.org
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for federal assistance, and has the institutional, managerial
and financial capability to ensure proper planning, management and completion of the grant
provided by the federal Department of Homeland Security and subgranted through the State of
California.
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs.
3. Will give the federal government, the Comptroller General of the United States, the State of
California, through any authorized representative, access to and the right to examine all
records, books, papers, or documents related to the award; and will establish a proper
accounting system in accordance with generally accepted accounting standards or awarding
agency directives.
4. Will provide progress reports and such other information as may be required by the awarding
agency.
5. Will initiate and complete the work within the applicable time frame after receipt of approval
of the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family,
business or other ties.
7. Will comply, if applicable, 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.
FY05 Homeland Security Grant Program Page 40
8. Will comply with all federal statues relating to nondiscrimination. These include but are not
limited to:
a.
Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits
`r
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 handicaps;
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 nondiscrimination in the sale, rental or financing of housing;
i.
Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j.
Title 28, CFR, Part 35;
k.
Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made, and
1.
The requirements on any other nondiscrimination statute(s) which may apply to the
application.
qLM
9. Will 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 provides 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
interested in real property acquired for project purposes regardless of federal participation in
purchases.
10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is $10,000 or more.
FY05 Homeland Security Grant Program Page 41
19
35%2
11. Will 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); and
h. protection of endangered species under the Endangered Species Act of 1973, as
amended, (P.L. 93 -205).
12. Will 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.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
preservation of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. 469a -1 et seq).
14. Will comply with Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1
of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
15. Has requested through the State of California, federal financial assistance to be used to
perform eligible work approved in the applicant's application for federal assistance. Will,
after the receipt of federal financial assistance, through the State of California, agree to the
following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the. approved amount of the grant is reduced, the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of
California.
c. Separately account for interest earned on grant funds, and will return all interest
earned, in excess of $100 per federal fiscal year.
16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-
4763) relating to prescribed standards for merit systems for programs funded under one of the
nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
FY05 Homeland Security Grant Program
Page 42
.,
. • E.
17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with federal funds.
18. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non -profit organizations.
21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section
276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and
the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding
labor standards for federally assisted construction sub - agreements.
22. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
r 23. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or an employee of Congress, or employee of
a Member of Congress in connection with the federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
FY05 Homeland Security Grant Program Page 43
LM
3572
24. Agrees that equipment acquired or obtained with grant funds:
a. 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.
b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency
Plan, and will be deployed in conformance with that plan.
c. 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.
25. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non - federal funds.
26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A -87 and A -133, E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements contained in Title 28,
Code of Federal Regulations, Part 66, that govern the application, acceptance and use of
Federal funds for this federally- assisted project.
27. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,
as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provision of the current edition of the Office of
Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other
applicable Federal laws, orders, circulars, or regulations.
28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal
Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the
National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
29. Will ensure that the facilities under its ownership, lease or supervision which shall be 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 of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the EPA.
30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
FY05 Homeland Security Grant Program
Page 44
M
r
.)5/
31. Will, in the eveni a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office of Civil Rights, Office of Justice Programs.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the current edition
of the Office of Justice Programs (OJP) Financial Guide.
34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-
348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most
new Federal funds within the units of the Coastal Barrier Resources System.
35. Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
36. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
The undersigned represents that he /she is authorized by th above named applicant to enter into this
agreement for and on behalf of the said applican
Signature of Authorized Agent:
Printed Name of Authorized Agent: Joe Jackson
Title: Director Criminal Justice Planning Office Date: April 6. 2005
FY05 Homeland Security Grant Program Page 45