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CONTRACT 4218A AmendmentMATTHEWRomiQUEZ 10011 STREET, SACRAMENTO, CALIFORNIA 95814 • P.O. Box 2815, SACRAMENTO, CALIFORNIA 95812.2815 EDMUND G. BROWNJR. SECRETARY FOR (916) 323.2514 ° (916) 324.0908 FAx • ia.N FPA,CA,GQV GOVERNOR ENVIRONMENTAL PROTECTION March 22, 2013�� Mr. Steve Tsumura Environmental Safety Manager El Segundo City Fire Department 314 Main Street El Segundo, California 90245 Dear Mr. Tsumura, The California Environmental Protection Agency (Cal /EPA) has received and signed Amendment 1 of the Electronic Reporting Grant Agreement for the El Segundo City Fire Department. Please find enclosed a copy of the signed amended Grant Agreement for your records. If you need further assistance or have questions, you may contact Shinita Bryson at (916) 445 -6800 or UPGrants @calepa.ca.gov. Sincerely, (.-Jim -8ohon Assistant Secretary California Environmental Protection Agency Enclosure AIR RESOURCES BOARD • DEPARTMENT OF PESTICIDE REGULATION • DEPARTMENT OF TOXIC SUBSTANCES CONTROL OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT • CALRECYCLE STATE WATER RESOURCES CONTROL BOARD • REGIONAL WATER QUALITY CONTROL BOARDS 6 Printed on Recycled Paper CERTIFIED UNIFIED PROGRAM AGENCY ELECTRONIC REPOT' G TIP is °o GRANT AGREEMENT BETWEEN THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ^� AND EL SEGUNDO CITY FIRE DEPARTMENT CERTIFIED UNIFIED PROGRAM AGENCY AGREEMENT NO. G10- UPA -21 AMENDMENT 1 bold underlined itaing scrigt dgOffgag • s State and Grantee hereby agree as follows: 1. PROVISIONS. The following statute authorizes the State to enter into this Grant Agreement: a. California Health and Safety Code, division 20, chapter 6.11, section 25404 2. PURPOSE The State shall provide a grant to and for the benefit of the Grantee for the purpose of allocating monies from the regulated businesses oversight surcharge to the Certified Unified Program Agencies (CUPAs). Assembly Bill 2286 authorizes the Secretary to use funds from the oversight surcharge to provide certified unified program agencies and participating agencies assistance in implementing electronic reporting requirements through grant funds for the purposes of the system. Up to 25% of the grant is authorized to be paid in advance on approval of the grant application. 3. GRANT AMOUNT. $ 40,200 a. Advanced Payment Amount. $10,050 4. TERM OF AGREEMENT. The term of the Agreement shall begin on January 1, 2010, and end on MarGh 31, 2Q13 December 31, 2013. ABSOLUTELY NO GRANT DISBURSEMENT REQUESTS WILL BE ACCEPTED AFTER awns -a, 2013 March 1. 2014. 5. REPRESENTATIVES. Either party may change its Representative(s) upon written notice to the other party. The Representatives during the term of this Agreement will be: California Environmental Protection Agency GRANT MANAGER James Bohon 1001 "1" Street, 2nd Floor Sacramento, California 95814 Phone (916) 327 -5097 Fax (916) 322 -5615 Email: jbohon@calepa.ca.gov GRANTEE Name of Project Director, Title: Steve Tsumura, Environmental Safety Manager Street Address: 314 Main Street City, Zip: El Segundo, 90245 Phone: 310- 524 -2242 Fax: 310 -414 -0929 e -mail: stsumura @elsegundo.org .4 2 El Segundo City Fire Department Electronic Reporting Grant Agreement No. G10- UPA -21 Amendment 1 Page 2 of 6 6. STANDARD AND SPECIAL PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A REPORTING AND GRANT DISBURSEMENT PROVISIONS Exhibit B SPECIAL AND GENERAL PROVISIONS Exhibit C GRANT APPLICATION Exhibit D TRANSITION PLAN 7. GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. 8. DEINITIONS. The fa!lo ±.Piing defined terms app!y throughout this Agreement: "Cal /EPA" means the California Environmental Protection Agency; "CUPA" means the Certified Unified Program Agency; "Grantee" means the City of El Segundo Fire Department; "PA" means the Participating Agency; "Electronic Reporting" means the Electronic Reporting requirements of Assembly Bill 2286 "Secretary" means the Secretary of the California Environmental Protection Agency; and "State" means the State of California, including Cal /EPA. IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below. By: Grantee ignat e 14 El Segundo City Fire Department Electronic Reporting Grant Agreement No. G10- UPA -21 Amendment 1 Page 3 of 6 EXHIBIT A REPORTING AND GRANT DISBURSEMENT PROVISIONS A. REPORTING PROVISIONS, 1. The Grantee shall prepare and submit a Transition Plan Status Reports, including Grant Disbursement Request form for documentation of expenditures, to the Cal /EPA Grant Manager at the following address: California Environmental Protection Agency Unified Program Section Attn: Shinita Or 1001 "P' Street, 2nd Floor Sacramento, California 95814 2. The Transition Plan Status Report and Grant Disbursement Request Form will be provided by Cal /EPA upon the approval of the Grant Application. 3. Each report shall have a cover letter certified by the Project Director or the Grant Contact. 4. For purposes of the Electronic Reporting Implementation Status Reports, the reporting period is as follows: Report Reporting Period Report Due Date Report 1 June 1, 2010, to September 30, 2010 November 1, 2010 Report 2 October 1, 2010, to December 31, 2010 February 1, 2011 Report 3 January 1, 2011, to March 31, 2011 May 1, 2011 Report 4 April 1, 2011, to June 30, 2011 August 1, 2011 Report 5 July 1, 2011, to September 30, 2011 November 1, 2011 Report 6 October 1, 2011, to December 31, 2011 February 1, 2012 Report 7 January 1, 2012, to March 31, 2012 May 1, 2012 Report 8 April 1, 2012, to June 30, 2012 August 1, 2012 Report 9 July 1, 2012, to September 30, 2012 November 1, 2012 Report 10 October 1, 2012, to December 31, 2012 February 1, 2013 Report 11 January 1, 2013, to March 31, 2013 May 1, 2013 Report 12 April 1. 2013 to June 30, 2013 August 1. 2013 Report 13 July 1. 2013 to September 30, 2013 November 1. 2013 Report 14 October 1. 2013 to December 31, 2013 February 1. 2014 B. GRANT DISBURSEMENT PROVISIONS 1. Grant Disbursement Request Forms shall be used to depict the expenditures incurred by the Grantee in implementation of Electronic Reporting throughout the period of performance. 2. The Grant Disbursement Request Form shall be submitted as an attachment to the Transition Status Report, in accordance with the submission schedule provided above. 3. The Grantee shall use the Grant Disbursement Request Form tam{alate fQR;;at provided by Cal /EPA. It El Segundo City Fire Department Electronic Reporting Grant Agreement No. G10- UPA -21 Amendment 1 Page 4 of 6 EXHIBIT B SPECIAL AND GENERAL PROVISIONS A. SPECIAL PROVISIONS AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. 2. WAIVERS: Any term, provision, condition, or commitment of this Agreement may be waived at the discretion of Cal /EPA. All waivers shall be documented in writing. 3. DISPUTES: The Grantee shall continue with the responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Cal /EPA Assistant Secretary for Local Programs or an authorized representative. The decision shall be in writing and a copy thereof furnished to the Representatives of this Agreement. The decision of the Assistant Secretary shall be final and conclusive unless, within thirty (30) calendar days after mailing of the decision to the Grantee, the Grantee furnishes a written appeal of the decision to the Secretary for Environmental Protection, with carbon copies furnished to the Cal /EPA Assistant Secretary for Local Programs and the Cal /EPA Grant Manager. The decision of the Secretary shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the Cal /EPA Assistant Secretary for Local Programs or the Secretary, on any question of law. 4. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain financial accounts in accordance with generally accepted accounting principles. Without limitation of the requirement to maintain financial management systems and accounting standards in accordance with generally accepted fiscal and accounting principles, the Grantee agrees to: a, Establish a financial account(s) and accounting system(s) that will adequately and accurately depict all Electronic Reporting Grant amounts received and expended during the term of this Agreement, including but not limited-to: All Electronic Reporting implementation expenditures; and Running balance of grant allocations and expenditures. 5. RECORDS MANAGEMENT: Maintain all documentation and financial records, as may be necessary, for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations. Establish an official file for the allocation that shall adequately document all significant activities and actions relative to the Implementation of the Electronic Reporting Implementation, including but not limited to: a. Fiscal accounting; b. Electronic Reporting Implementation Status Reports; and, c. Grant Disbursement Requests and supporting documentation. 6. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with Electronic Reporting implementation in an expeditious manner. The Grantee shall prepare and submit all required reports and Grant Disbursement Request Forms as stipulated in this Agreement. 4 � 8 ReportD El Segundo City Fire Department ectronic ing Grant Agreement No. G10- UPA -21 Amendment 1 Page 5of6 7. WITHHOLDING OF GRANT DISBURSEMENTS: Cal /EPA may withhold all or any portion of the allocations provided for by this Agreement in the event the Grantee: a. Materially violates, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or b. Fails to maintain reasonable progress toward Electronic Reporting implementation. 8. FUNDS CONTINGENCY: Cal /EPA's obligations under this Grant Agreement are contingent upon the availability of funds. In the event funds are not available, the State shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Grant Agreement. 9. BUDGET REVISIONS: Budget revisions of 15% or less of the total agreement allocation may be made in writing and approved by Cal /EPA without an amendment to the agreement. B. GENERAL PROVISIONS 1. ASSIGNMENT: This grant is not assignable, by the Grantee, either in whole or in part, without the consent of the State. 2. AUDIT: Grantee agrees that the Cal /EPA, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the expenditure of allocated moneys and performance of this Agreement. The Grantee agrees to maintain such records for a possible audit for a minimum of three (3) years after term of the Agreement, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of this Agreement. 3. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 4. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and /or federal conflict of interest laws. 5. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 6. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the State. 7. NONDISCRIMINATION: During the performance of this Agreement, the Grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. 8. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking established herein. 9. TERMINATION: The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the Grantee agrees, upon demand, to immediately return the remaining unused portion, if any, of the Grantee's allocation. JEI Segundo City Fire Department Electronic Reporting Grant Agreement No. G10- UPA -21 Amendment 1 Page 6 of 6 10. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby.