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CONTRACT 3572 Other
OFFICE 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. 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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