CONTRACT 4119 Grant Agreement CLOSEDSubrecipient Agreement
Between the County of Los Angeles and
The City of El Segundo
Grant Year 2008
State Homeland Security Grant
Program
4119.,„
SUBRECIPIENT AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES
AND
THE CITY OF EL SEGUNDO
THIS AGREEMENT is made and entered into by and between the County of Los
Angeles, a political subdivision of the State of California (the "County of Los Angeles" ),
and the City of El Segundo, a public agency (the " Subrecipient")
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security Title 28 C.F.R. through
the Office of Grants and Training (G &T), has provided financial assistance from the
Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA)
97.067 directly to The California Emergency Management Agency (CaIEMA) for the
2008 Homeland Security Grant Program (HSGP); and
WHEREAS, the CaIEMA, provides said funds to the Los Angeles County Chief
Executive Officer (CEO) as its Subgrantee, and CEO is responsible for managing the
Grant and overseeing the funds which are distributed, by CEO, to other specified
jurisdictions within Los Angeles County.
WHEREAS, this financial assistance is being provided to the Subrecipient in
order to address the unique equipment, training, exercise and planning management
needs of the Subrecipient, and to assist Subrecipient in building effective prevention
and protection capabilities to prevent, respond to, and recover from threats or acts of
terrorism; and
WHEREAS, the CEO as Subgrantee has obtained approval of an HSGP 2008
Grant from CaIEMA for the Subrecipient in the amount of $5,700; and
WHEREAS, the CEO now wishes to distribute HSGP Grant Funds to the
Subrecipient, as further detailed in this Agreement;
WHEREAS, the CEO is authorized to enter into subrecipient agreements with
cities providing for re- allocation and use of these funds; and to execute all future
amendments, modifications, extensions, and augmentations relative to the sub - recipient
agreements, as necessary;
WHEREAS, the County of Los Angeles and Subrecipient are desirous of
executing this Agreement, and the County Board of Supervisors on June 30, 2009
authorized the CEO to prepare and execute this Agreement.
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
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SECTION I
INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its
principal office at Kenneth Hahn Hall of Administration, 500 West Temple St.,
Los Angeles, CA 90012.; and
B. City of El Segundo, a public agency, having its principal office at 350 Main Street,
El Segundo, CA 90245.
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications shall
be given are as follows:
1. The representative of the County of Los Angeles shall be, unless
otherwise stated in this Agreement:
Carol Kindler, Manager
Chief Executive Office, Los Angeles County (LAC)
500 W Temple Street, Room 754
Los Angeles, CA 90012
Phone: (213) 974 -1154
Fax: (213) 687 -3765
With a copy to:
Norman Braverman, Grants Manager
Chief Executive Office, LAC
500 W Temple Street, Room 754
Los Angeles, CA 90012
Phone: (213) 893 -7955
Fax: (213) 687 -3765
Nbraverman @ceo.lacounty.gov
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2. The representative of Subrecipient shall be:
Name and Jack Wayt, City Manager
Title: City of El Segundo
350 Main Street
Organization E1 Segundo, CA 90245
Phone: 310 -524 -2301
Address: jwayt @elsegundo.org
City /State /Zip:
Phone:
Fax:
Email
With a copy to:
Name and
Lisa Le.Cates, Sr. Management Analyst
Title:
City of E1 Segundo Fire Department
Organization 314 Main Street
El Segundo, CA 90245
Address: Phone: 310 - 524 -2235
llecates @elsegundo.org
City /State /Zip:
Phone:
Fax:
Email
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 and /or title 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) business days of said change.
§103. Independent Part y
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the County of Los Angeles. No employee of Subrecipient is, or shall
be an employee of the County of Los Angeles by virtue of this Agreement, and
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Subrecipient shall so inform each employee organization and each employee
who is hired or retained under this Agreement. Subrecipient 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 County of Los Angeles by virtue of
this Agreement.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide the following signed documents to the County of
Los Angeles, unless otherwise exempted:
A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A
and made a part hereof, in accordance with §411.A.14 of this Agreement..
Subrecipient 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 Subrecipient.
B. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion, attached hereto as Exhibit B and made a part hereof, as required by
Executive Order 12549 in accordance with §411.A.12 of this Agreement.
C. Certification Regarding Drug -Free Workplace, attached hereto as Exhibit C and
made a part hereof, in accordance with §411.A.13 of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence upon execution by all parties and
shall expire on the later of March 31, 2011, or if as of such date, not all activities
required by this Agreement have been completed, then the Agreement shall
expire on such later date that all such required activities, including close -out
activities, are completed. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a
mutually approved budget/expenditure plan, hereinafter "Budget," for the HSGP
FY 2008 Grant, which has been approved by the California Emergency
Management Agency (formerly known as the Office of Homeland Security),
hereafter CaIEMA. This information is contained in a copy of the final grant
award letter and worksheets from CaIEMA, attached hereto as Exhibit D.
Any request by Subrecipient to modify the Budget must be made in writing with
the appropriate justification and submitted to CEO for approval. If during the
County's review process, additional information or documentation is required, the
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Subrecipient will have ten (10) business days to comply with the request. If the
Subrecipient does not respond, CEO will issue a letter indicating that the
requested modification will be denied. Modifications must be approved in writing
by the County of Los Angeles and CalEMA during the term of this Agreement.
Upon approval, all other terms of this Agreement will remain in effect.
Subrecipient shall utilize grant funds in accordance with all Federal regulations
and State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing
funds for program activities, and will not supplant (replace) non - Federal funds.
C. Subrecipient shall review the Federal Debarment Listing at
http:www.epis.gov /epis /search prior to the purchase of equipment or services to
ensure the intended vendor is not listed and also maintain documentation that
the list was verified.
D. Prior to the purchase of equipment or services utilizing a sole source contract,
justification must be presented to CEO, who upon review, will request approval
from CaIEMA. Such approval in writing must be obtained prior to the
commitment of funds.
E. Subrecipient shall interface with CEO's Grant Management System as it may
exist at the time of contract execution or during the term of the Agreement.
F. Subrecipient shall provide monthly status reports to CEO indicating their
progress on meeting program goals and the submission of claims for
reimbursement along with any reports requested by the County of Los Angeles
regarding performance of this Agreement. Reports shall be in the form requested
by the County of Los Angeles, and shall be provided by the 15th of the following
month.
G Subrecipient shall provide a copy of their Annual Single Audit Report, as required
by Office of Management and Budget circular A -133, to CEO no later than March
31 st of the year following the reporting period.
H Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any
audit finding.
I. Subrecipient will be monitored by the County of Los Angeles on an annual basis
to ensure compliance with CalEMA grant program requirements. Said
monitoring will include, at a minimum, one on -site visit during the term of this
Agreement.
J. Any equipment acquired pursuant to this Agreement shall be authorized in FY
2007 G &T Authorized Equipment List (AEL) available online at
httr): / /www.rkb.mipt.org and the Allowable Cost Matrix to the 2008 Homeland
Security Grant Program, Guidance and Application Kit, incorporated by
reference, and attached hereto as Exhibit E. Subrecipient shall provide the
County of Los Angeles a copy of its most current procurement guidelines and
follow its own procurement requirements as long as they meet or exceed the
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minimum Federal requirements. Federal procurement requirements for the
HSGP 2008 Grant can be found at OMB Circular A -102, Title 28 C.F.R. Part
66.36, and Office of G &T Financial Guide.
Any equipment acquired or obtained with Grant Funds:
Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant;
2. Will be consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
K. Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G &T Financial Guide.
For the purposes of this subsection, "Equipment" is defined as tangible
nonexpendable property, having a useful life of more than one year which costs
$5,000 or more per unit. Items costing less than $5,000, but acquired under the
"Equipment" category of the Grant shall also be listed on any required Equipment
Ledger.
Equipment shall be used by Subrecipient in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. Subrecipient shall make Equipment available for use on other like projects
or programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for other use
shall be given to other programs or projects supported by the awarding
agency.
3. An Equipment Ledger shall be maintained listing each item of Equipment
acquired with HSGP funds. The Equipment Ledger must be kept up to
date at all times. Any changes shall be recorded in the Ledger within ten
(10) business days and the updated Ledger is to be forwarded to the
County's Auditor - Controller. The Equipment Ledger 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 fund source /grant year of acquisition of the
Equipment, including the award number, (e) date of acquisition; (f) the per
unit acquisition cost of the Equipment, (g) location and condition of
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Equipment and (h) disposition data, including date and sale price , if
applicable. Records must be retained pursuant to Title 28 C.F.R. Part
66.42.
4. All Equipment obtained under this Agreement shall have an appropriate
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 by the Subrecipient
and the results reconciled with the Equipment Ledger at least once every
year or prior to any site visit by State or Federal auditors /monitors. The
Subrecipient is required to submit a letter certifying as to the accuracy of
the Equipment Ledger to the County of Los Angeles, in the frequency as
above.
L. Any planning paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2008 Homeland Security Grant Program, Guidance and Application
Kit or subsequent grant year programs.
M. Any training paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2008 Homeland Security Grant Program, Guidance and Application
Kit, and must be first submitted to CEO and then pre- authorized by CalEMA at
htt;: / /www. calguard. ca .gov /cajs- hs /nonslgcpForm.htmm. A catalog of Federally
approved and sponsored training courses is available at
http:// www. oip.usdoi.gov /odp /training.htm.
N. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2008 Homeland Security Grant Program, Guidance and Application
Kit. Detailed Homeland Security Exercise and Evaluation Program Guidance is
available at http: / /hseep.dhs.gov.
O. Subrecipient shall provide to County a spending plan detailing the required steps
and timeframes required to complete the approved projects within the grant
timeframe. Subrecipient shall submit the spending plan to County prior to final
execution of the Agreement.
P. Any organization activities paid pursuant to this Agreement shall conform to the
guidelines as listed in FY 2008 Homeland Security Grant Program, Program
Guidance and Application Kit.
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SECTION III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles shall reimburse Subrecipient the grant amount of
$5,700 expenditures are incurred and paid by Subrecipient and all
documentation is reviewed and approved by County. All expenditures shall be
for the purchase of equipment, exercises, training and planning as described in
Section II of this Agreement. The grant amount represents the amount allocated
to Subrecipient in the FY 2008 HSGP Grant Award Letter from CaIEMA.
B. Subrecipient shall submit invoices to the County of Los Angeles Auditor -
Controller Shared Services Division requesting payment as soon as expenses
are incurred and paid, and the required supporting documentation is available.
Said timeframe should be within ten (10) business days of Subrecipients'
payment to vendors and /or prescribed due dates by CEO and /or CaIEMA. Each
reimbursement request shall be accompanied by the Reimbursement Request
Checklist and Form (attached hereto as Exhibit F). All appropriate back -up
documentation must be attached to the reimbursement form, including invoices,
proof of payment and packing slips.
For training reimbursements, Subrecipient must include a copy of the class roster
verifying training attendees, proof that prior approval was obtained from CaIEMA
and a CaIEMA tracking number has been assigned to the course, and timesheets
and payroll registers for all training attendees.
For exercise reimbursements, Subrecipient must enter the After Action Report
and Improvement Plan on the State Office of Domestic Preparedness secure
portal within 60 days following completion of the exercise.
For planning reimbursements, Subrecipient must include a description of the final
tangible product as a result of the planning project.
C. County may, at its discretion, and with CaIEMA approval, reallocate unexpended
grant funds to another Subrecipient. Said reallocation may occur upon
completion of an approved project, or by notification to County by Subrecipient
that a portion of the grant funds identified in §301 A., above, will not be utilized.
Notwithstanding the provisions of §502, below, any increase of decrease in the
grant amount specified in §301 A., above, shall not require a written amendment
to this Agreement.
D. Payment of final invoice shall be withheld by the County of Los Angeles until the
County has determined that Subrecipient has turned in all supporting
documentation and completed the requirements of this Agreement.
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E. It is understood that the County of Los Angeles makes no commitment to fund
this Agreement beyond the terms set forth herein.
F. 1. County's obligation is payable only from funds appropriated for the purpose of
this Agreement. All funds for payments after the end of the current fiscal year
are subject to Federal, State or County's legislative appropriation for this
purpose. In the event this Agreement extends into succeeding fiscal year
periods and the Board of Supervisors or the State or Federal Legislature does
not allocate sufficient funds for the next succeeding fiscal year payments,
services shall automatically be terminated as of the end of the then current fiscal
year.
2. County shall make a good -faith effort to notify Subrecipient, in writing, of such
non - appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
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.
§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 County of Los Angeles.
This Agreement shall be enforced and interpreted under the laws of the State of
California and the County of Los Angeles.
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 remainder
of the Agreement shall not be affected thereby.
Applicable Federal or State requirements that are more restrictive shall be
followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
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§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or
agreement set forth herein, or should any representation made by it be untrue,
any aggrieved party may avail itself of all rights and remedies, at law or equity, in
the courts of law. Said rights and remedies are cumulative of those provided for
herein except that in no event shall any party recover more than once, suffer a
penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the
County of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§406. Permits
Subrecipient and its officers, agents and employees shall obtain and maintain all
permits and licenses necessary for Subrecipient's performance hereunder and
shall pay any fees required therefor. Subrecipient further certifies that it will
immediately notify the County of Los Angeles of any suspension, termination,
lapses, non renewals or restrictions of licenses, certificates, or other documents.
§407. Nondiscrimination and Affirmative Action
Subrecipient 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 County of Los Angeles. In performing this Agreement,
Subrecipient 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.
Subrecipient 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).
If required, Subrecipient shall submit an Equal Employment Opportunity Plan
( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with guidelines
listed at http: // www.ojp.usdoj.gov /ocr /eeop.htm.
Any subcontract entered into by the Subrecipient relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of this § 407 of
this Agreement.
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§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision
is written in contemplation of, but irrespective of the applicability 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.
Hence, this indemnity applies regardless of whether or not Section 895 et seq. is
deemed to apply to this Agreement. The parties hereto, as between themselves,
consistent with the authorization contained in Section 895.4 and 895.6 of said
Code, irrespective of its applicability, agree to each assume the full liability
imposed upon it or upon any of its officers, agents, or employees by law, for
injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party agrees to indemnify and hold harmless the other
party for any liability arising out of its own negligent acts or omissions (i.e„ the
Subrecipient agrees to indemnify and hold harmless the County of Los Angeles
for liability arising out of the Subrecipient's negligent or wrongful acts or
omissions, and the County of Los Angeles agrees to indemnify and hold
harmless the Subrecipient for liability arising out of the County of Los Angeles'
negligent acts or omissions. In the same vein, each party agrees to indemnify
and hold harmless the other party for liability that is imposed on the other party
solely by virtue of said Section 895.2, if applicable. The provision of Section
2778 of the California Civil Code is made a part hereto as if fully set forth herein.
Subrecipient certifies that it has adequate self insured retention of funds to meet
any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or
agents 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:
1. 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.
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B. Definitions:
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. The Subrecipient further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary value from any
actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any officer,
employee, or agent).
D. The Subrecipient 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 Subrecipient.
E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the
Subrecipient shall disclose to the County of Los Angeles any relationship,
financial or otherwise, direct or indirect, of the Subrecipient or any of its officers,
directors or employees or their immediate family with the proposed subcontractor
and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws of
the County of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
G. The Subrecipient warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
H. The Subrecipient covenants that no member, officer or employee of Subrecipient
shall have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his /her tenure as such employee, member or officer or for one year thereafter.
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I. The Subrecipient shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this grant and shall
substitute the term "subcontractor" for the term "Subrecipient" and "sub
subcontractor" for "Subcontractor ".
§410. 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.).
§411. Statutes and Regulations Applicable To All Grant Contracts
A. Subrecipient shall comply with all applicable requirements of State, Federal, and
County of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. Subrecipient shall comply with applicable State and Federal laws
and regulations pertaining to labor, wages, hours, and other conditions of
employment. Subrecipient 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:
Office of Management and Budget (OMB) Circulars
Subrecipient 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
Since Federal funds are used in the performance of this Agreement,
Subrecipient shall, as applicable, adhere to the rules and regulations of
the Single Audit Act, 31 USC Sec. 7501 et seq.;); OMB Circular A -133 and
any administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the
Americans with Disabilities Act 42, USC §§ 12101 et seq., and its
implementing regulations. Subrecipient will provide reasonable
accommodations to allow qualified individuals with disabilities to have
access to and to participate in its programs, services and activities in
accordance with the provisions of the Americans with Disabilities Act.
Subrecipient will not discriminate against persons with disabilities nor
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against persons due to their relationship to or association with a person
with a disability. Any subcontract entered into by Subrecipient, 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.
Subrecipient 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 Subrecipient. Subrecipient 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 either the
County of Los Angeles, the U.S. Comptroller General or the Auditor
General of the State of California may deem necessary, Subrecipient shall
make available for examination all of its records with respect to all matters
covered by this Agreement. The County of Los Angeles, the U.S.
Comptroller General and the Auditor General of the State of California
shall have the authority to audit, examine and make excerpts or transcripts
from records, including all Subrecipient's invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County
regarding performance of this Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the County of Los Angeles with respect to all
matters specified in this Agreement. Original forms are to be maintained
on file for all documents specified in this Agreement. Such records shall
be retained for a period five (5) years after termination of this Agreement
and after final disposition of all pending matters. "Pending matters"
include, but are not limited to, an audit, litigation or other actions involving
records. The County of Los Angeles may, at its discretion, take
possession of, retain and audit said records. Records, in their original
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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 County of Los Angeles.
7. Subcontracts and Procurement
Subrecipient shall, as applicable, comply with the Federal, State and
County of Los Angeles standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts shall include but not be limited
to purchase agreements, rental or lease agreements, third party
agreements, consultant service contracts and construction subcontracts.
Subrecipient shall, as applicable, ensure that the terms of this Agreement
with the County of Los Angeles are incorporated into all Subcontractor
Agreements. The Subrecipient shall submit all Subcontractor Agreements
to the County of Los Angeles for review prior to the release of any funds to
the subcontractor. The Subrecipient 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
Subrecipient shall, as applicable, comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed
requirements for merit systems for programs funded under one of the 19
statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System Personnel Administration (5 C.F.R. 900, Subpart F).
Subrecipient 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), the Contract Work Hours and Safety
Standards Act (40 U.S.C. § §327 -333), regarding labor standards for
federally- assisted construction subagreements, and the Hatch Act (5 USC
§ §1501 -1508 and 7324 - 7328).
Subrecipient shall, as applicable, comply with the Federal Fair Labor
Standards Act (29 USC § 201) regarding wages and hours of
employment.
None of the funds shall be used to promote or deter Union /labor
organizing activities. CA Gov't Code Sec. 16645 et sea.
9. Civil Rights
Subrecipient shall, as applicable, comply with all Federal statutes relating
to nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
HOA.604306.1 15
4119'. •�
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 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
Subrecipient shall, as applicable, comply, or has already complied, with
the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally- assisted programs.
These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
Subrecipient shall comply, as applicable, with environmental standards
which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project
consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451 et
seq.); (f) conformity of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42
U.S.C. § §7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); (h) protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection
Act of 1973 §102(a) (P.L. 93 -234).
Subrecipient shall, as applicable, comply with the Wild and Scenic Rivers
Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
HOA.604W6.1 16
4119 -...r
Subrecipient shall, as applicable, comply with the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the
use of lead -based paint in construction or rehabilitation of residence
structures.
Subrecipient shall, as applicable, comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the
chemical, physical and biological integrity of the Nation's waters.
Subrecipient shall, as applicable, 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, Subrecipient ensures that it is in compliance
with the California Environmental Quality Act (CEQA), Public Resources
Code §21000 et sea.
Subrecipient shall, as applicable, comply with the Energy Policy and
Conservation Act (P.L. 94 -163, 89 Stat. 871).
Subrecipient shall comply, as 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.
11. Preservation
Subrecipient shall, as applicable, 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
Subrecipient shall, as applicable, comply with Title 28 C.F.R. Volume 67,
Number 228, regarding Suspension and Debarment, and Subrecipient
shall submit a Certification Regarding Debarment, attached here to as
Exhibit B, required by Executive Order 12549 and any amendment
thereto.. Said Certification shall be submitted to the County of Los
Angeles concurrent with the execution of this Agreement and shall certify
that neither Subrecipient 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. Subrecipient 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.
HOA.604W6.1 17
4 1 19 - , ..,
13. Drug -Free Workplace
Subrecipient shall, as applicable, comply with the federal Drug -Free
Workplace Act of 1988, 41 USC §701, Title 28 Code of Federal
Regulations (CFR) Part 67; the California Drug -Free Workplace Act of
1990, CA Gov't Code §§ 8350 -8357, and Subrecipient shall complete the
Certification Regarding Drug -Free Workplace Requirements, attached
hereto as Exhibit C, and incorporated herein by reference. Subrecipient
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.
14. Lobbying Activities
Subrecipient shall, as applicable, comply with 31 U.S.C. 1352 and
complete the Disclosure of Lobbying Activities, (OMB 0038 - 0046),
attached hereto as Exhibit A, and incorporated herein by reference.
15. Miscellaneous
Subrecipient shall, as applicable, 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
Subrecipient 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.
Subrecipient shall, as applicable, 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 CFR Part 66; EO 12372; (Financial Management Guide US
Department of Homeland Security Directorates Preparedness January
2006, Financial Guide; U.S. Department of Homeland Security, Office of
State and Local Government Coordination and Preparedness, Office for
Domestic Preparedness, 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 Title 2, 6, 28,44 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 35,
Nondiscrimination on the Basis of Disability in State and Local
HOA.604306.1 18
Government Services; Part 38, Equal Treatment of Faith -based
Organizations; Part 42, Nondiscrimination/Equal Employment
Opportunities Policies and Procedures; Part 61, Procedures for
Implementing the National Environmental Policy Act; Part 63, Floodplain
Management and Wetland Protection Procedures; Part 64, Floodplain
Management and Wetland Protection Procedures; Federal laws or
regulations applicable to Federal Assistance Programs; Part 69, New
Restrictions on Lobbying; Part 70, Uniform Administrative Requirements
for Grants and Cooperative Agreements (including sub - awards) with
Institutions of Higher Learning, Hospitals and other Non - Profit
Organizations; and Part 83, Government -Wide Requirements for a Drug
Free Workplace (grants).
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 provisions 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.
2. Travel Expenses
Subrecipient, as provided herein, shall be compensated for Subrecipient's
reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
Subrecipient'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 County of Los Angeles.
Subrecipient's administrative - related travel and per diem reimbursement
costs shall be reimbursed based on the Subrecipient's policies and
procedures. For programmatic - related travel costs, Subrecipient's
reimbursement rates shall not exceed the amounts established by the
County of Los Angeles.
3. Noncompliance
Subrecipient understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant
funds, and repayment by the Subrecipient to the County of Los Angeles of
any unauthorized expenditures.
C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of
the County of Los Angeles to sign certain promises regarding the way the
grant funds would be spent. These requirements are included in the 2008
Program Guidance and Application Kit and in the "Grant Assurances ",
attached hereto as Exhibit G. By signing these Grant Assurances and
accepting the Program Guidances, the County of Los Angeles became liable
HOA.604306.1 19
4 i 19 • , �
to the State for any funds that are used in violation of the grant requirements.
Subrecipient shall be liable to the Grantor for any funds the State determines
that Subrecipient used in violation of these Grant Assurances. Subrecipient
shall indemnify and hold harmless the County of Los Angeles for any sums
the State or Federal government determines Subrecipient used in violation of
the Grant Assurances.
§412. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of the Subrecipient as
an independent party and not of the County of Los Angeles and shall be paid
prior to requesting reimbursement. However, these taxes are an allowable
expense under the grant program.
§413. 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
Subrecipient shall report the fact and disclose the Invention promptly and fully to
the County of Los Angeles. The County of Los Angeles shall report the fact and
disclose the Invention to the State. Unless there is a prior agreement between
the County of Los Angeles and the State, the State shall determine whether to
seek protection on the Invention. The State 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, Title 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, Title 3 CFR,
1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR
48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be
bound by the Policy, and will contractually require its personnel to be bound by
the Policy.
B. Rights to Use Inventions
County of Los Angeles 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 State or of this Agreement,
when copyrightable material (Material) is developed under this Agreement,
the County of Los Angeles, at the County's discretion, may copyright the
Material. If the County of Los Angeles declines to copyright the Material,
HOA.604306.1 20
4119• w.�i
the County of Los Angeles 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 State 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. Subrecipient shall comply with Title 24 CFR 85.34.
D. Rights to Data
The State and the County of Los Angeles 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 Title 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 State acquires the data under a copyright
license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title
48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient shall require all subcontractors to comply with the obligations of this
section by incorporating the terms of this section into all subcontracts.
§414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient shall comply with California
Family Code Section 5230 et seq. as applicable.
§415. Minority, Women, And Other Business Enterprise Outreach Program
It is the policy of the County of Los Angeles to provide Minority Business
Enterprises, Women Business Enterprises and all other business enterprises an
equal opportunity to participate in the performance of all Subrecipient's contracts,
including procurement, construction and personal services. This policy applies to
all the Subrecipient's contractors and sub - contractors.
HOA.604306.1 21
SECTION V 4 It '� 0
DEFAULTS SUSPENSION TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations
of this Agreement within the time specified by this Agreement, the non - breaching
party reserves the right to terminate the Agreement, reserving all rights under
State and Federal law.
§502. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by Subrecipient, which are agreed to by the Subrecipient and
County of Los Angeles must be incorporated into this Agreement by a written
amendment properly executed and signed by the person authorized to bind the
parties thereto. Any increase or decrease in the grant amount specified in §301
A., above, shall not require a written amendment to this Agreement.
SECTION VI
ENTIRE AGREEMENT
§601. Complete Agreement
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 may be executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes (23) pages and (7) Exhibits
which constitute the entire understanding and agreement of the parties.
HOA.604306.1 22
4119• °:
IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused
this Agreement to be executed by their duly authorized representatives.
COUNTY OF LOS ANGELES
By
WILLIAM T JIO
Chief Executive Officer
By �, 4-
SACHI A. HA AI
Executive Officer, Board of Supervisors
APPROVED AS TO FORM
ANDREA SHERIDAN ORDIN
County Counsel
BY
Principal Deputy unty Counsel
APPROVED AS TO FORM
BY
City ney It (O}Adll- 00%. ea I LI; �Cfta
ATTEST
BY
City Clerk
HOA.604306.? 23
S-1-//
Date
By
WENDY L. WATANABE
Auditor - Controller
— 4 4 �`
Date
'), ;;i, a i
Date
Date
EXHIBITS
Exhibit A Certification and Disclosures Regarding Lobbying
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions and
Exhibit C Certification Regarding Drug -Free Workplace
Exhibit D Final Grant Award Letter and Worksheets
Exhibit E Allowable Cost Matrix
Exhibit F Reimbursement Request Checklist and Form
Exhibit G Grant Assurances
HOA.604306.1 I
41 i 9 • a .
Exhibit A
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046
Icon ravmmn fnr nuhlin human r1isc1nsttrle_1
1. Type of Federal Action:
2 Status of Federal Action:
3. Report Type:
aa. contract
�a. bid/offer /application
Fal a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e, loan guarantee
date of last report
I. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 41s a Subawardee, Enter Name
Prime ® Subawardae
and Address of Prime:
Tier if known:
City of El Segundo
Ccunty of Los Angeles
350 Main Street
500 W. Temple Street, Room X13
E1 Segundo, CA 90245
Los Angeles, CA 9OC12
Congressional District If known 4c
Congressional District ffknown:
6. Federal Department/Agency:
7. Federal Program Name/Description:
('
t� nt �ct,o ;S,�C�A -t�`(
Dt: i ►' I G Lt
�UMLI�Na SECd�ti`( GAA�vt [Y�G�►twt
(i, t7
CFDA Number, If applicable: 9 7.068
8. Federal Action Number, if known:
9. Award Amount, ffknown-
$ 5,700
10. a. Name and Address of Lobbying Registrant b, Individuals Performing Services (including address if
(if individual, last name, first name, MO: different from No. 10a)
(last name, first name, M1):
11. Inbmadon teWastod thrcuo 06 tam b MAW &W by tyre 31 U.S.C. amdon
1362 Tats 6 ovuce of adityrrta ac�vfOas Is a natedsl mp eswAzam m fad
Si nalur
g
upon whkir mftwe was plamd by the her show Mrem 0" Wmwaww was merle
Or enlw ed Into. This d'edowm is tegtkod p mrmv b 31 U.S.Q 1352 .Tab
Print Na Jack {day
Intonro0at QbeavaUble for pubdelnVeow. Any penm Ww fals la rde Do
City Manager
Title: ..
mgAmd dsdw" shar be sutgod b a dW pww y of rretfaw #tin 110.000 and
no( mom then $100.000 for each suds Woe. '
310.524.2301.
.
Telephone No.: pate: i
Aid wrized for LMW FfepwawUon
Standard Form LLL Rev. 7,97
INSTRUCTIONS FOR COMPLETION OF SI~LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the tepoding en1M1y, whether subawardesor prime Federal racipi at the initiation or receipt of a covered Federal
aelieon. or a material change to a previous Wimp, pursuant to tide 31 U.S.C. section 1352. The filing of a lorm Is required for each payment or agraemerdb males
payment to any lobbying enity for InAu ncing or atfemptlrpto it fluenee an ollfcer or ernpbyesof any agency. a lWamber of Catpreae• an offioer or ampicyseof
Congress, or an empbyesd a Memberof Congress in corercdonwkh a covered FaderaiacftL OmWIebal keen m appyfor both their" IUmg and ntatertal
Change report Rehr to the krrplsmenting guidance published by the Ofios of Management and Budget for additional Information.
1. IdenWy the type of covered Federal action for which lobbying edivky Is and/or has been secured to Influence the outcome of a Covered Federal action.
2. identity the statue of 0r Cohered Federal adlort
3- Identify the appropdafeclessYlealion of this report It this Is a followup report caused by a materW c anga to the i donnalion previously reported, enter
the yearend grdterin which the charge occurred. Enter the date of the fast previousynbuttled report by this ."thug entilyfor this covered Federal
action.
4. Enter the fulf near, address, city, State and up coded the rep uften9ry. hudude Congressional Dlstrtd, If looent. Cheek the approprideciassiftation
of the reporting etNpylhatdesigr ateeif It 1% orstrpedsbbe. a prime orsubawad reoioort Idenifyth et wet Ore subawardee,e g., the first subawardee
of the prime Is the let tler. Su7bewarrrie Include but are not Ifrelted to subcontracts, subgrants and contract awards under grant.
5. If to WOW&Nionfiling the report in Item 4 drrJa'SubawaMee,'then enter the ka name, address, city, State and sip Code of the prime Federal
mdpb nt Include Congressional DWUK N knom
S. Enterthe name of the Federal agm%7maMng $0 award or loan Commitment. Inclutle al least one organizalloaslWval below agency name. if Wmft For
example, Deportment ofTrarrporfadon, United States Coast Guard.
7. Enlar the Federal prograat name or description for the covered Federal acdon (hem 1). If bl mv% eider the full Catalog d Federal Domestic Assistance
(CFDA) number for gnrds, 000perathro agreemeaI loan. and loan caamitmenb.
L Enter the most appropdab Federal lden fti g number availeblefor the Federal action Identified in km 1 (e4., Request for Proposal VW'p) number;
Invitation for Bid (IFM number, grant announcement number the contract, grant, or loan award number, the appkcatloWproposalcored number
assigned by the Federal agency). Include preknas, e.g., 'RFP-DE- 90.091
9. For a Covered Federal acMorf where there has been an award at ban Commitment by the Federal agency. enter the Federal amount of oe awaxilloan
Commitment to ft prime en9ly idenOAed in Item 4 or 6.
10. (a) Enter the tug name, address, City. Strode and yP code of the lobbying registrant under the Lobbying Disclosure Act d 1995 engaged by the reporting
entry idaeMfied in Item 4 l Influence the covered Federal adbn.
(b) EnW the fug names of the bxWkkssl(a) pwhrtrdng services, and Include fui address It different lean 10 (a). Enter last Name. Fist Nana, and
11. The Codifying official shall sign and dab tar leant, pint Now nanr, tills, and telephone taertbar.
According to the PaperarakRedtrcf0n ACt, as ssaended,ao pereats are WOW b respond to a Cobdlonef inloasrtlon udese It dlomp a Yam 0frf1 Co
N%11691 . The Valid OMB G&YM number for this Informeff on Collection Is OW No. 03480040. Public npatlng buadm IN this collection of ktbmntgfon Is
eatbated to average 10 mkarhs per resporfee, Inch tg tkme Ion revlewkg houctimW eearaltkp rmdeert9 date a0tabe 4 90wft and maintaining the dab
ramde4and Completing and revkvftthe Ct lMm of kdomwftL Send Com mermb tagandrq ft burden aMmets or any dlw aspen d lift oogedbn
intnynastion, irldudin9 arngpeaMonsbr aedlrottf9 foie bAdeq b1ft tMloe d M=WnwtwW BLfft C Paperwork Reduction Project p1348o048), Waa *om,
DO 2DS03
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 Par t 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
City of E1 Segundo
CONTRACTOR/BORROWER/AGENCY
Jack Wayt, City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
ON
DA
41 '19 - . .;�
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance
is providing the certification as set out below.
The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If tit is later determined that he
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.
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.
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 on this covered transaction,
unless authorized by the department or agency with which this transaction originated.
5 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, 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 Lis
of Parties Excluded from Procurement or Non Procurement Programs.
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
form 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.
..
41 1J • ,
EXHIBIT C
CERTIFICATION REGARDING DRUG -FREE WORKPLACE ACT REQUIREMENTS
The Contractor certifies that It will provide a drug -free workplace, in accordance with State law and State
Employment Development Department (EDD) Directive No. D907 by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
2. Establishing a drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that may be Imposed upon employees for drug abuse violations occurring
In the workplace.
3. Making it a requirement that each employee to be engaged in the performance of this
program be given a copy of the statement required by paragraph 1.above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of
employment under this program, the employee will:
a. Abide by the terms of the statement, and
b. Notify the Contractor of any criminal drug statute convictions for a violation occurring In
the workplace no later than five days after such conviction.
5. Notifying the County within ten days after receiving notice under subparagraph 4.b. from an
employee or otherwise receiving actual notice of such conviction. -
6. Taking one of the following actions, within 30 days of receiving notice under subparagraph
4.b. with respect to any employee who is so convicted by taking appropriate personnel action
against such an employee, up to and Including termination.
7. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of the provision of this certification.
City of E1 Segundo
CONTRACTOR/AGENCY
Jack Wayt, City Manager
NAME
ATIVE
S167 �F AUTHHO,D REPRESENTATIVE
v
DATE
4.1 11 .9. g., .__.-
MAN 1 32009
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
March 3, 2009
Mr. Michael Brooks
Los Angeles County
1275 North Eastern Ave.
Los Angeles, CA 90063
Subject: NOTIFICATION OF CONDITIONAL HOLD REMOVAL
FY2008 Homeland Security Grant Program (HSGP)
Grant #2008 -0006, OES ID# 037 -00000
Subgrantee Performance Period: October 23, 2008 to May 31, 2011
Dear Mr. Brooks:
The California Emergency Management Agency (CalEMA) has removed the "Conditional Hold" placed on
your FY2008 Homeland Security Grant Program (HSGP) award. Thank yon for submitting the necessary
documentation to remove this restriction from your grant award. Please begin submitting requests for
reimbursements effective the date of this letter.
As stated in your FY08 award letter, performance milestones will be used by CaMMA to both determine
the appropriate date to disencumber funds awarded under this grant and re- direct them to other needs across
the State, and as indicators of perfotmance and grant management capacity in future competitive grant
applications. The performance milestones for the above - mentioned grant are listed here:
Performance Milestones: Amoggt Comaletion Date
A PREPAREDNESS PLANNING
$ 135,000
03/31/10
B '1A RICS
$2,000,000
03/31/10
C IEDTRAININo
$1,185,000
03/31/10
C IED EQUIPMENT
$2,420,000
03/31/10
E INFO GATIMMO EQUIP
$ 760,000
03/31/10
D lmnoPComm
$1,900,000
03/31/10
F MMRS EQUIP & I.EAsE
S 183,000
0351110
F MMRS PLANNIIda
$ 37,000
03/31/10
O RTTAC EQUIP
$ 125,000
03/31/10
We look forward to working with you throughout the upcoming grant year For fiuther assistance, please
contact your CalEMA Program Representative or the Grant Management Division at (916) 324 -8908.
Sincerely,
MATTHEW BETTENHAUSEN
Secretary
GOVERNOR ARNOLD SCHWARZENEGGER • SECRETARY-MATT BETTENHAUSEN
SACRAMENTO, CALIFORNIA 95814
(916) 324 -8906 • PAX (916) 323 -9633
41 1 9•,.)
Exhibit E
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
APPENDIX B.
AUTHORIZED ALLOWABLE COSTS
FY 2008 Allowable. Cost Matrix
Allowable Program Activities
Current as of FY 2008 Programs* FEMA
Allowable Planning Costs
Public education &outreach
Develop and implement homeland security support programs and adopt ongoing
DHS National Initiatives tncludin State Pre tiredness Re
Develo and enhance lans and tocols
Develo or conduct assessments
Establish, enhance, or evaluate Citizen C s related volunteer r rams
Hiring of full- or part-time staff or contract/consultants to assist with planning
activities (not for the purpose of hiring public safety personnel fulfilling tre dltional
public safety duties
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/ per diem related to planning activities
Overtime and backfill costs IAW operational Cost Guidance
Other ect areas with prior approval from FEMA
Overtime for information, investigative, and intelligence sharing activities (up to
25 percent of the allocation
Reimbursement for select operational expenses associated with increased
security measures at critical infrastructure sites incurred during periods of DHS-
declared alert (up to 25 percent of the allocation
Hiring of full- or part-time staff or contractors for emergency management
activities
Hiring of new staff positions /contractors/consultants for participation In
informationrntelligence analysis and sharing groups or fusion center activities
U to 25 rcent of the allocation
Personal Protective Equipment
Explosive Device Mitigation and Remediation Equipment
CBRNE Operational Search and Rescue Equipment
Information Technology
Cyber Security Enhancement Equipment
Intero arable Communications Equipment
Detection
WE
4119 -,,.
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
2008 Allowable Program Activities
CUrrent as of FY a
Cn
JW
Decontamination
Medical
Power
CBRNE Reference Materials
CBRNE Incident Res se Vehicles
Terrorism Indolent Prevention E ul ment
Ph icel Securi Enhancemen E u ent
Ins action and Screenin S stems
Agiculture Terrorism Prevention Response, and Mitigation Equipment
CBRNE Prevention and Response Watercraft
CBRNE Aviation Equipment
CBRNE Logistical Support Equipment
Intervention Equipment
Other Authorized Equipment
i
Overtime and backfill for emergency preparedness and response personnel
attending FEMA-sponsored and approved training Gasses
Overtime and backfill expenses for part-time and volunteer emergency response
personnel participating in FEMA training
Training workshops and conferences
Full- or art-time staff or contractors /consultants
Travel
Supplies
Tuition for higher education
Other items
Design, Develop, Conduct and Evaluate an Exercise
Exercise planning workshop
Full- or part-time staff or contractors/consultants
Overtime and backfill costs, including expenses for part-time and volunteer
emergency response personnel participating in FEMA exercises
Implementation of HSEEP
Travel
Supplies
Other items
■
Hiring of full - or part-time staff or contractors/consultants to assist with the
management of the respective grant program, application requirements,
compliance with reporting and data collection requirements
M
4119..1
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
IW-
Exhibit F (]
REQUIRED SUPPORTING DOCUMENTS `► 1 9
FOR CLAIM REIMBURSEMENT
❑ Grant Reimburasment Form with authorized signature and date
❑ 1pyQ}gl: Must be stamped or write "PAID', signed with auftftwd signature for payment, and dated. Circle, or designate on the
Invotca/rooeipt the Noma requesting reimbursement. Each Item olreled must have a project N, a funding SOURCE, and TOTAL.. PUnrdeee
orders and price quotes will not be aeeanted as proof of purdrssa for reimbursement
❑ Competitive bid ❑ Soo Source (Prior Stab approval attached)
Invoice NO.:
❑ I
No. E31se, screen Ns" Is attached.
Eguipmen In jistlpa, completed the Noting with all requested Information, Including: Project 0 3 alpha. Equipment Description,
❑ AELli. AEL Title, Invoice S, Vendor, Total Cost Fisher Prime Vendor, Total Cost, Cash Request if, Invoice Date, Acquired Date, Serial ill iD
Tap N, Condition and Disposition, Deployed Location and Grant Year.
❑ Grant Reimbursement Form with Autlarised Signature and date
Traininaffliwelse Summa EWA completed listing Wuding: employee name, assignment (backlNl for name of employee attending
❑ tralningrowndse). Jab Title, Training Request A, Training date, Salary, total Huwrs. Overtime hours, regular rate, Overtime tale. employee
benefits rate, total claim smart.
a. For Training - TR#. Is required
e For Exercise - submit AAR Into the ODP Portal within 80 days of event
❑ fit: Indicating the *of hours chargedper day, employee signature d supervisor signature
❑ Pnroll register indicating the salary, hourly rate, employee benefits, Overtime rate.
❑ are not lrainam should provide their your own proof of attendance by completing their own sign-In sheet and have tte Trams sign
the shast Nrndicallnp proof of aftendance.
Travel - Receipts are required for Itemized costs such as plans tk*et/invoice, hotel invokes and training receipts with the dates of invokes
apreeinq with the training period.
Workshop -Invoker for Instructor, oclNties, contractor and consulting servlcas.
�%(UTHORI�ED SIGN�►TUtii .
. under Penalty of Perjury I orrery cwt
I am fro duty susror& d after of the claklwnt tench.
This claim la In all respect true, correct, and all aWw'"'rxas were Made.
in accordance MMh appkalAS laws. rules, reguWas and grad eardleons
and assurances.
Al1THORR [;[y�81GNERNAl1A[:/Tj7LE' .:: , .. -'
0?K5GP_R6WhuMWld 1120,xb
To process your reimbursement request, you must submit the checklist and attach the required supporting documents for all items requesting
reimbursement. Invoices must be submitted to Shared Services Division as soon as expenses are Incurred and the required Involce/supporting
documentation is available. Do NOT accumulate and submit all claims and Invoices on the final due date. Failure to submit your claim in a timely manner
with the required supporting documents could result in unrelmburseable expenses and reallocated awards.
DATE
MAKE CHECKS PAYABLE TO:
MAIL TO:
CITY, ZIP
TAXPAYERIDB
CITY, ZIP
PHONEN E-mall
*AUTHORREDSIGNATURE
Under Penalty of Perjury I certify that
-1 am the duly authorized officer of the claimant herein.
-This claim Is in all respect true, correct, and all expenditures were made,
in accordance with applicable laws, rules, regulations and pant conditions and assurances.
.%"w - scats nomaanu saeunty vrogram
MMRS - Metropolitan Madial Response System
RTTAC - Regional Twnwlsm Threat Assessment centers
AUrLiONREQ SIGNER NAM
Please fax reimbursement requests to:
SHARED SERVICES DIVISION
Attn: GRANTS UNIT
Fax (213) 947 -5809
(ag. 41 _C)
TOTAL BY FUNDING SOURCE
Office of Homeland Security
FY08 Grant Assurances
(All HSGP Applicants)
Name of Applicant: City of E1 Segundo
Address: 350 Main Street
City:
E1 Segundo
State: CA
Telephone Number: 310.524.2235 Fax Number:
E -Mail Address: llecates@elsegundo.org
Zip Code: 90245
-+ I 9
Exhibit G
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 sub - granted through the State of California,
Governor's Office of Homeland Security (OHS).
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is
prohibited from transferring funds between programs (State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System).
3. Will give the federal government, the General Accounting Office, the Comptroller General of the
United States, the State of California, through any authorized representative, access to and the
right to examine all paper or electronic 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. Agrees that funds utilized to establish or enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline
level of capability as defined by the Fusion Capability Planning Tool.
5. Will provide progress reports and such other information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -five) days of
the award, and update via a report in the Grant Reporting Tool (GRT) twice each year.
6. Will initiate and complete the work within the applicable time frame after receipt of approval
from OHS.
7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments, including part 13.1
regarding the payment of interest earned on advances. -
8. 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.
9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall
use small, minority, women - owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a
significant impact on award - supported activities, including changes to key program staff.
11. 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.
12. Understands and agrees Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from FEMA.
13. Will comply with all federal statues relating to Civil Rights and 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
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 gender.
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. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination.
m. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
n. Will, in the event 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, gender, 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.
Pace 2 IN Is
o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
p. 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.
14. 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 (42 U.S.C. § 4601 et
seq. (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. Will also comply with Title 44 Code of Federal Regulations, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and federally- assisted
programs.
15. 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 (ten thousand dollars) or more.
16. Will comply with all applicable Federal, State, and local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and IocaI EHP requirements and
obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require re- evaluation of compliance with these EHP requirements.
17. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of FEMA/OHS, including but not limited to communications towers,
physical security enhancements, new construction and modifications to buildings that are 50
(fifty) years old or more. Any construction related activities initiated prior to full environmental
and historic preservation (EHP) review will result in a non - compliance finding. If ground
disturbing activities occur during the project implementation, the recipient must ensure
monitoring of the ground disturbance and if any potential archeological resources are discovered,
the recipient will immediately cease activity in that area and notify OHS/FEMA and the
appropriate State Historic Preservation Office.
18. 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 will notify OHS and 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.
19. Will provide any information requested by FEMA/OHS to insure compliance with applicable
laws including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
3
41 19.
(EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental
Quality (EO11514).
b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental
considerations.
c. Notification of violating facilities pursuant to EO 11738.
d. 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.).
e. 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.).
f. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523).
g. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000- 15007.
h. 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.
i. Applicable provisions 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.
j. Will comply with all conditions placed on any project as the result of the EHP review;
any change to the scope of work of a project will require re- evaluation of compliance
with these EHP requirements.
k. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of FEMA/OHS, including but not limited to
communications towers, physical security enhancements, new construction and
modifications to buildings that are 50 (fifty) years old or more.
20. 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.
21. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEMA's
Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEMA's Grant Programs Directorate or the U.S. Department of
Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security. "
22. Has requested through the State of California, federal financial assistance to be used to perform
eligible work approved in the submitted application for federal assistance and 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.
(EO11988), Wetlands (11990) and Environmental Justice (12898) and Environmental
Quality (EO11514).
b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental
considerations.
c. Notification of violating facilities pursuant to EO 11738.
d. 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.).
e. 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.).
f. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523).
g. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000- 15007.
h. 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.
i. Applicable provisions 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.
j. Will comply with all conditions placed on any project as the result of the EHP review;
any change to the scope of work of a project will require re- evaluation of compliance
with these EHP requirements.
k. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of FEMA/OHS, including but not limited to
communications towers, physical security enhancements, new construction and
modifications to buildings that are 50 (fifty) years old or more.
20. 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.
21. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEMA's
Grant Programs Directorate, U.S. Department of Homeland Security. points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEMA's Grant Programs Directorate or the U.S. Department of
Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security. "
22. Has requested through the State of California, federal financial assistance to be used to perform
eligible work approved in the submitted application for federal assistance and 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.
41 "19•...
23. 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 CRPL 900, Subpart F).
24. 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.
25. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
26. 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.
27. 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.
28. 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.
29. 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.
30. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terns of the California Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representatives of the
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various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, 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.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
31. 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.
32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A -21, A -87, A102, A -110, A -122, and A -133, E.O.
12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements.
Will also comply with Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the
application, acceptance and use of Federal funds for federally assisted projects.
33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
Including:
a. Part 18, Administrative Review Procedures.
b. Part 20, Criminal Justice Information Systems.
c. Part 22, Confidentiality of Identifiable Research and Statistical Information.
d. Part 23, Criminal Intelligence Systems Operating Policies.
e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities.
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government
Services.
g. Part 38, Equal Treatment of Faith -based Organizations.
h. Part 63, Floodplain Management and Wetland Protection Procedures.
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures.
j. Part 61, Procedures for Implementing the National Environmental Policy Act.
k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or
regulations applicable to Federal Assistance Programs.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments.
m. Part 67, Government -Wide Debarment and Suspension (Non- Procurement).
n. Part 69, New Restrictions on Lobbying.
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub - awards) with Institutions of Higher Learning, Hospitals and other Non -
Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants).
34. Will comply with Subtitle A, Title H of the Americans with Disabilities Act (ADA) 1990.
35. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
36. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
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4119•.,,
37. Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide and the current US Department of
Homeland Security (DHS) Financial Management Guide.
38. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2008 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2008 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2008 Homeland Security Grant
Program application. Further, use of FY08 funds is limited to those investments included in the
California FY08 Investment Justifications submitted to DHS/FEMA and evaluated through the
peer review process.
39. Acknowledges that FEMA reserves a royalty-free, non exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub - award; and b) any rights
of copyright to which a recipient or sub - recipient purchases ownership with Federal support. the
recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from,
or are purchased with, this funding.
40. 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."
41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part
67, Section 67.510
a. The applicant certifies that it and its principals:
(i) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency.
(ii) Have not within a three -year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year
period preceding this application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
Page 7
b. Where the applicant is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application.
42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 and
certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the grantee's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
(b) Establishing an on -going drug -free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug -free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including
position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so convicted.
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
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(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
43. 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.
44. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply
with the above certifications.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applican> .
Signature of Authorized
Jack
Printed Name of Authorized
Title: City Manager Date: )—I q— «
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