2016 Mar 15 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 15, 2016 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -4- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Li v. City of El Segundo, et all, LAXC Case No. BC605728
3. Fowler v. City of El Segundo, WCAB Adj. No9487616
4. Simonek v. City of El Segundo, USDC CV15 -9190
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matter.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
2
E
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group).
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
3
3
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 15, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Lee Carlile, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Atkinson
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PRESENTATIONS
a) Presentation — El Segundo Police Department to recognize Ron Griffin for
assisting the Police in capturing two burglary suspects.
b) Presentation — City Treasurer's Quarterly Investment Portfolio Report.
c) Presentation — Recreation and Parks Department update on the participation in
the Los Angeles County Park Needs Assessment and results of a community
survey concerning the City's parks.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion
Agenda by title only.
Recommendation — Approval.
to read all ordinances and resolutions on the
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
5
6i
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 3010017 through 3010222 on Register No. 11 in the total
amount of $781,475.62 and Wire Transfers from 2/22/2016 through 3/6/2016
in the total amount of $874,114.29.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
2. Regular Cit Council Meeting Minutes of March 1, 2016.
Recommendation — Approval.
3. Consideration and possible action to 1) award a standard Public Works
Contract to Ramona, Inc. for Water Main Improvement at Center St., Walnut
Ave. and Maple Ave., Project No. PW16 -02; 2) award a standard Public
Works Professional Services Agreement to AKM Consulting Engineers for
construction inspection services.
(Fiscal Impact: $1,750,787.00)
Recommendation — 1) Authorize the City Manager to execute a standard Public
Works Contract, in a form approved by the City Attorney, with Ramona, Inc. in
the amount of $1,388,300.00 and approve an additional $208,245.00 for
construction - related contingencies; 2) Authorize the City Manager to execute a
standard Public Works Professional Services Agreement in a form as approved
by the City Attorney with AKM Consulting Engineers in the amount of
$144,242.00 for construction inspection and geotechnical (compaction) oversight
and testing, and approve an additional $10,000.00 for related contingencies; 3)
Alternatively, discuss and take other action related to this item.
4. Consideration and possible action regarding Adoption of Plans and
Specifications for Pavement Resurfacing of East Imperial Highway in the
City of El Segundo between Sepulveda Boulevard and Aviation Boulevard.
Project No.: PW 16 -10
(Fiscal Impact: $728,427.00)
Recommendation — 1) Adopt a resolution approving Plans and Specifications for
Pavement Resurfacing of East Imperial Highway in the City of El Segundo
between Sepulveda Boulevard and Aviation Boulevard; 2) Authorize staff to
advertise the project for receipt of construction bids; 3) Alternatively, discuss and
take other possible action related to this item.
C:
14
Consideration and possible action to adopt a Resolution approving Plans
and Specifications for the Sewer Main Repairs at Indiana, Pine, Illinois and
Mariposa; Project No. PW 16 -01.
(Fiscal Impact: $2,000,000.00)
Recommendation — 1) Adopt attached resolution approving Plans and
Specifications for the Sewer Main Repairs Project at Indiana, Pine, Illinois and
Mariposa. Project No. PW 16 -01; 2) Authorize staff to advertise the project for
receipt of construction bids; 3) Alternatively, discuss and take other possible
action related to this item.
Consideration and possible action to receive and file this report regarding
emergency work to repair dwelling units at the Park Vista Senior Housing
Facility due to water intrusion without the need for bidding in accordance
with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal
Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A-4.
(Fiscal Impact: $50,000.00)
Recommendation — 1) Receive and file this report regarding emergency work to
repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code
§§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1-
7A-4; 2) Alternatively, discuss and take other action related to this item.
7. Consideration and possible action regarding the acceptance of grant
funding from the United States Department of Homeland Security, Federal
Emergency Management Agency, Grants Program Directorate (DHS) under
Fiscal Year 2015 Urban Area Security Initiative Grant Program (UASI) to
pursue regional training and procure necessary Urban Search and Rescue
(USAR) equipment.
(Fiscal Impact: $35,700.00)
Recommendation — 1) Authorize the acceptance of $35,700 in grant funds from
the UASI 2015 grant program; 2) Authorize the City Manager to sign an
Agreement with the City of Los Angeles who will serve as the grant administrator
for the grant; 3) Alternatively, discuss and take other action related to this item.
7
7
8. Consideration and possible action to adopt a resolution authorizing the
City Manager to (a) submit annual applications to the California Department
of Resources Recycling and Recovery for Beverage Container Recycling
City /County Payment Programs; (b) execute all grant documents; and (c)
accept and spend grant funds.
(Fiscal Impact: $Approximately $5,000.00 in annual Receipt of Grant Funds)
Recommendation — 1) Adopt a resolution authorizing the City Manager to (a)
submit annual applications to the California Department of Resources Recycling
and Recovery for Beverage Container Recycling City /County Payment Programs;
(b) execute all grant documents; (c) accept and spend any and all grant funds
awarded to the City; 2) Alternatively, discuss and take other action related to this
item.
9. Consideration and possible action to authorize the City Manager to execute
an agreement with HealthComp, as approved to form by the City Attorney,
to administer the City's Retiree Health Reimbursement Account and
approve additional funding for Fiscal Year 2015 -16 for related
administrative fees.
(Fiscal Impact: $4,000.00)
Recommendation — 1) Authorize the City Manager to execute an agreement with
HealthComp, as approved to form by the City Attorney, to administer the City's
Retiree Health Reimbursement Account; 2) Approve the request for additional
funding for Fiscal Year 2015 -16; 3) Alternatively, discuss and take other action
related to this item.
F. NEW BUSINESS
FQ
10. Consideration and possible action to change the employee group that the
retired and current City Council Member's Public Employees' Medical and
Hospital Care Act ( "PEMHCA ") medical benefits are tied to from the
Executive Management Group to the Police Support Services Employees'
Association ( "PSSEA ") to approximately maintain the PEMHCA medical
benefits currently provided to the retired and current elected officials.
Additionally, keep the City Clerk and Treasurer tied to the Executive
Management group for PEMHCA medical benefits (reducing their medical
benefits from $1200 per month to $125 per month) but increase their
respective monthly stipends by $1,075 per month to offset the reduction in
medical benefits. These potential actions arise from a change made to the
Executive Management Group's medical benefits that adversely affects the
retired and current elected officials' medical benefits.
(Fiscal Impact: Approximate monthly savings of $7590.79 if the Council
continues to be tied to the Executive Management Group and $157.16 if the
Council is tied to the PSSEA. The change to the City Clerk's and
Treasurer's medical benefit and stipend have no net fiscal impact.)
Recommendation — 1) Consideration and possible action to change the
employee group that the retired and current Council Members' PEMHCA medical
benefits, are tied to from the Executive Management Group to the PSSEA; 2)
Continue to have the City Clerk and Treasurer tied to the Executive Management
group for PEMHCA medical benefits (reducing their medical benefits from $1200
per month to $125 per month) and adopt a resolution increasing their respective
monthly stipends by $1,075; 3) Alternatively, discuss and take other action
related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
11.Consideration and possible action regarding the City's plan to consolidate
future municipal elections with the statewide election in light of Senate Bill
415.
Fiscal_ Impact: None)
Recommendation — 1) Direct staff to prepare a plan to consolidate future
elections with the statewide election no later than the November 8, 2022 election,
with the plan to be brought back to the City Council for its consideration by mid -
2017; 2) Alternatively, discuss and take other action related to this item.
Wj
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
12. Consideration and possible action to direct staff to analyze and report back
on traffic issues at the intersection of Main Street and Maple Ave.
Fiscal Impact: None
Recommendation — 1) Direct staff to prepare a report on traffic issues at the
intersection of Main Street and Maple Ave; 2) Alternatively, discuss and take
other action related to this item.
Council Member Atkinson —
Council Member Dugan —
Mayor Pro Tern Jacobson —
Mayor Fuentes —
PUBLIC COMMUNICATIONS — (Related to City Business Onl — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
10
WE
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: (5. 1. &
TIME: '157
NAME:
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Presentation
El Segundo Police Department
Recognizing Ron Griffin for assisting the Police in capturing two burglary
suspects.
12
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: Presentation
AGENDA DESCRIPTION:
Presentation of Investment Portfolio Report
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Receive and File
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Investment Portfolio Report — December, 2015
FISCAL IMPACT: $ None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Dino Marsocci, Deputy City Treasurer II
REVIEWED BY: Crista Binder, Treasurer
APPROVED BY: Greg Carpenter, City Manager.%
BACKGROUND & DISCUSSION:
The Treasury Department presents the December, 2015 Investment Portfolio Report which provides a
status of Treasury Investment activities and related economic indicators.
This report will be created and submitted to Council on a quarterly basis. The report will also be posted
to the City's web site under the Treasury Department.
13
y
Date: March 15, 2016
From: Office of the City Treasurer
To: El Segundo City Council
RE: Investment Portfolio Report — As of December 31, 2015
Introduction:
This report will serve as a summary for the City of El Segundo's Treasury Department investment reporting,
compliance, investment environment and future plans; as well as subsidiary schedules which will support the
Portfolio Summary and provide additional analysis of our investments.
Investment Summary:
The investments as of December 31, 2015 are as follows:
December Portfolio Summary
Security Type
Government
Corp. Bonds
CD's
Union Bank Trust
LAIF Immediate
LAI F - LAWA
LAIF Subtotal
Total Invested
Trust Acct. Cash
Chase Bank - Cash
Total Portfolio
Page 1 1
59,056,013.56 58,947,970.12 91.50%
0.00%
5,478,905.62 5,478,905.62 8.50%
64,534,919.18 64,426,875.74 100.00%
14
Market
Cost
Market value
% of Total
14,266,451.50
14,219,430.40
22.07%
3,301,142.77
3,258,480.00
5.06%
9,903,938.75
9,885,579.18
15.34%
27,471,533.02
27,363,489.58
42.47%
$16,526,764.21
$16,526,764.21
25.65%
$15,057,716.33
$15,057,716.33
23.37%
$31,584,480.54
$31,584,480.54
49.02%
59,056,013.56 58,947,970.12 91.50%
0.00%
5,478,905.62 5,478,905.62 8.50%
64,534,919.18 64,426,875.74 100.00%
14
The portfolio Breakdown by Short Term (< 1 year) and Long Term is:
x Benchmark value is the Interpolated Treasury Yield to the Portfolio's Avg. Weighted Maturity
Compliance:
It is the intention of the City Treasurer's office to ensure that our investments are in compliance with the maturity
time limits and percentage allocation limits with all of our investments. The City is currently in compliance as
demonstrated below:
Page 12
Partial List of Allowable Investment Instruments for Local Agencies
Short Term
Long Term
Total
Portfolio Value (Market)
$ 37,084,513
$ 21,863,457
$ 58,947,970
Effective Yield
0.454%
1.296%
0.766%
Average Wtd. Maturity
39.00 Days
2.65 Years
1.05 Years
Benchmark Yield
0.14% 1.31%
0.65% 1
x Benchmark value is the Interpolated Treasury Yield to the Portfolio's Avg. Weighted Maturity
Compliance:
It is the intention of the City Treasurer's office to ensure that our investments are in compliance with the maturity
time limits and percentage allocation limits with all of our investments. The City is currently in compliance as
demonstrated below:
Page 12
Partial List of Allowable Investment Instruments for Local Agencies
Investment Maximum Maximum Minimum City of El In
Type Maturity Specified % Quality Segundo Compliance
of Portfolio Requirements Investments Y/N
Local Agency
In
Compliance
Y/N
MARKET
VALUE
TOTAL
15%
"A" Rating
Bonds
5 years
None
None
0.00%
Y
U. S Treasury
Y
250,045
IBM CORP
3%
"A" Rating
Obligations
5 years
None
None
°
0.00 /°
Y
US Agency
Y
504,960
CATERPILLAR FINANCIAL SVCS
3%
"A" Rating
Obligations
5 years
None
None
°
22.07 /°
Y
Negotiable
Y
503,250
WALT DISNEY CO
3%
"A" Rating
Certificates of
5 years
30%
None
15.34%
Y
Deposit
Y
500,745
Medium Term
Notes
5 years
30%
"A" Rating
5.06%
Y
Local Agency
Investment
N/A
None
None
49.02%
Y
Fund (LAIF)
Investment Type: Medium Term Notes - As of: December 31, 2015
Issuer
Maximum
Specified % of
Portfolio
Minimum
Quality
Requirements
City of El
Segundo
Investments
In
Compliance
Y/N
MARKET
VALUE
TOTAL
15%
"A" Rating
5.06%
Y
3,258,480
GLAXOSMITHKLINE
3%
"A" Rating
0.39%
Y
250,045
IBM CORP
3%
"A" Rating
0.78%
Y
502,990
WELLS FARGO & CO.
3%
"A" Rating
0.78%
Y
504,960
CATERPILLAR FINANCIAL SVCS
3%
"A" Rating
0.77%
Y
498,070
GENERAL ELECTRIC CAP CORP
3%
"A" Rating
0.78%
Y
503,250
WALT DISNEY CO
3%
"A" Rating
0.77%
Y
498,420
BANK OF NEW YORK MELLON
3%
"A" Rating
0.78%
Y
500,745
15
Investment Environment:
The Federal Reserve raised the Fed Funds Rate by 0.25% in December, and bond rates increased significantly leading
up to the anticipated announcement, and for a short while thereafter. Subsequently, due to great volatility in the
Global economy rates quickly dropped, with February 29' levels for 3 -5 year investments lower than they were on
September 30, 2015. The Federal Reserve was initially looking to possibly raise rates four times in 2016, but the
lower than desired inflation and erratic international markets are once again giving pause to those possible increases.
Many traders are now pricing in a 50% chance that the Fed will raise rates one time by the end of 2016.
The graphs and charts below show some of the key interest rates on items we invest in. As rates are expected to rise
over the next few years, we want to time our investments to take advantage of the increases as they occur.
U5 Treasury Bonds Yield Curve as of 12/31/15
2.00
1.80
1.60
1.40r
4' 1.20
oc
�+ 1.00
d
19
0 0.80
0.60 0.t, J
0.49
0.40
1.76
0.20 }. };
0.14
0.08
0.00 "7 0 - — { 0._
1 Mo 3 Mo 6 Mo 1 Yr 2 Yr 3 Yr 5 Yr
12/31/2015 #- 9/30/2015
Page 13
W,�.
1.37
US Treasury Bonds
Maturity
3 Month
6 Month
2 Year
3 Year
5 Year
Municipal Bonds
Maturity
2yr AA
2yr AAA
2yr A
5yr AAA
5yr AA
5yr A
Corporate Bonds
i
Maturity
2yr AA
2yr A
5yr AAA
5yr AA
5yr A
Composite Bond Mates (as of 12/30/15)
Yield
Yesterday ,
Last Week
Last Month
0.13
0.19
0.17
0.15
0.42
0.46
0.46
0.33
1
1.02 -
0.91
0.96
1.32
1.34
.Z9'
12
1.75
1.77
1.63
1.7
Yield
Yesterday
Last Week k
Last Month
0.65
0.68
0.73
0.58
0.57
0.59
0.62
a.57
0.81
0.82
0.85
l
0.83
0.95
0.97
1.03
1.09
1.16
1.14
1.14
1.15
1,34
1.38
1.33,
1.37
Yield
Yesterday
Last Week
Last Month
1.07
_ -1.15
1.11
0.97
1.3
1.34
1.29
1.16
1.59
1.68
1.69
1.62
2.09
2.12
2.09
1.99
2.33
2.36 1.
2.31
2.21
Data provided b VaiuBond.
Source: htto: // finance .yalioo.com /bonds/composite bond rates
Cash Flow Analysis:
The chart below shows the historical cash flow for the last 12 months. We can see that the majority of our funds are
received in the second quarter of the fiscal year, January thru March, primarily due to Business License Renewals and
the annual Chevron Payment. We also receive Sales and UUT taxes during the first few months of the year as well.
Our investments will be purchased with the liquidity relative to our cash flow needs.
Page 14
17
Rolling 12 Month Cash Flow Analysis Total Retelpts
--w -Total Disbursements
16,000,000
14,000,000
12,000,000
10,000,000 \vz
8,000,000
6,000,000
2,000, 000
0
Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jul -15 Aug-15 Sep -15 Oct -15 Nov -15 Dec -15
This chart shows the net change in Cash as related to the Cash Flow Analysis above. Some of the larger
disbursements occur in the third and fourth quarters of the fiscal year. During Q -3, March to June, we have
a significant payment to CalPERS for our Other Post - Employment Benefits, and in Q -4, July- September, a
payment to ICRMA for our citywide insurance premiums, and a large infrastructure payment for roadwork
which was completed several years ago.
Rolling 12 Month Net Change in Cash Net Change in
6,000,000
Cash
4,000,000
2,000,000
0
(2,000,000)
(4,000,000)
(6,000,000)
Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jul -15 Aug -15 Sep -15 Oct -15 Nov -15 Dec -15
Page 15
Additional Economic Indicators:
Economic Prpjec ions from September Meetinq
The Economic Indicators presented below are key items that the Federal Reserve will look at in deciding
whether or not to change interest rates going forward.
The GDP, or Gross Domestic Product, represents the market value of all goods and services produced by
the economy during the period measured, including personal consumption, government purchases, private
inventories, paid -in construction costs and the foreign trade balance (exports are added, imports are
subtracted). This is a key indicator the Federal Reserve will look at when deciding on interest rate changes.
The target level for GDP is in the 2.5% to 3.5% range.
The Unemployment Rate shows the percentage of the labor force that is unemployed but seeking work.
The target level for Unemployment is around 5.6 %.
The PCE Inflation is the Personal Consumption Expenditures rate of inflation. This index is essentially a
measure of goods and services targeted toward individuals and consumed by individuals. The long term
inflation target is around 2% per year. Core PCE Inflation excludes items such as food and energy due to
the nature of their potential price swings.
Fed Economic Projections (central tendencies as of December
2015)
Variable
2015
2016
2017
I 2018
Longer run
Change in real GDP
2.1
2.3 -2.5
2.0 -2.3
1.8 -2.2
1.8 -2.2
September projection
2.0-2.3
2.2-2.6
2.0-2.4
1.8-2.2
1.8-2.2
Unemployment rate
5.0
4.6-4.8
4.6-4.8
4.6-5.0
4.8-5.0
September projection
5.0-5.1
4.7-4.9
4.7-4.9
4.7-5.0
4.9-5.2
PCE inflation
0.4
1.2-1.7
1.8-2.0
1.9-2.0
2.0
September projection
0.3-0.5
1.5-1.8
1.8-2.0
2.0
2.0
Core PCE inflation4
1.3
1.5-1.7
1.7-2.0
1.9-2.0
September projection
1.3-1.4
1.5-1.8
1.8-2.0
1.9-2.0
Memo: Projected appropriate policy path
Federal funds rate
0.4
0.9-1.4
1.9-3.0
2.9-3.5
3.3-3.5
September projection
0.1 -0.6
1.1 -2.1
2.1 -3.4
3.0 -3.6
3.3 -3.8
Page 16
WE
Unempioyment
6
5.
01114 03114 05114 07114 09114 11114 01115 0311.5 05115 07115 09115 11/16
Month
Source: httt): // data. bls.gov /cgi- bin/survevsnost ?bls
Inflation:
F11
Page 17
m
1.5
1.0
i
0.5
I
f
(0.5)
Inflation Rates by Month
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
i
i
2014
—M--2015
WE
Average Inflation Rates by Year
4.5
4.0
i
Source: http: /fwww.usinflationcalculator,com /inflation /current- inflation- ratesf
Retail Trade & Food Services, ex Auto, US Total
Seasonally Adjusted sales (Millions of $)
360,000
355,000
350,000 _� --
345,000
340,000
335,000 .
330,000
Jan Feb Mar Apr May Jun Jul Aug Sep
Source: United States Census Bureau - http: / /www.census.gov /retail /index.html
Page 18
—2014
2015
Oct Nov Dec
21
Investment Strategy:
It is the City and City Treasurer's policy to invest funds in accordance with the Investment Policy and to meet all legal
requirements regarding the safeguarding of funds.
As a part of the City's migration to a new banking structure, we have maintained a cash balance in order to offset our
bank fees, and are now looking at our cash flow needs in order to determine which investments will maximize return
while providing the proper level of liquidity.
The Liquidity Schedule provides an overview of when our current investments are due to mature. We will plan our
future investments to coordinate with these maturities in order to ensure a liquidity balance to our portfolio. The
Investments by Security Type schedule provides an additional breakdown of how our funds are presently allocated.
The Portfolio Summary for the month is included as an attachment to this report.
Additional Notes:
The City has funds of $209,016.28 which belong to the El Segundo Senior Citizens Housing Development Corporation
and are a part of our LAIF balance. There are also LAWA RSI (Los Angeles World Airports Residential Sound
Insulation) funds of $15,057,716.33 included in the City's LAIF balances. The applicable interest for these accounts is
accrued monthly and posted quarterly in the same manner as the regular City LAIF interest posting.
Page 19
22
City of Fl Segundo
Investment Advisory Committee
Liquidity Schedule
As of: December 31, 2015
Item Availabili
Cash in Bank
Chase Immediate
Union Bank - Trust Account Immediate
Cash in Bank - Total
L.A.I. F. (State of California) LAIF Immediate
Cash Immediate
Market Value
5,478, 905.62
$0,00
$5,478,905.62
16, 526, 764, 21
$22,005,669.83
L.A.I.F. - LAWA (Restricted) LAIF Immediate 15,057,716.33
Portfolio Investments: < 30 Days 0.00
31 to 90 Days $500,087.50
91 to 180 Days $500,050.00
181 to 365 Days $4,499,895.42
1 to 2 Years $11,491,454.16
2 to 3 Years $4,469,389.05
3 to 4 Years $2,225,920.35
4 to 5 Years $3,676,693.10
Subtotal $42,421,205.91
Grand Total $64,426,875.74
Investment Portfolio subtotal $58,947,970.12
19,CK.7C7,�0, p(9
$1H, Cst70, p0�. ptl
�4,g0C1,000 OCg
12,000,000,00
i
$ lo,Ci0o'C00.00
i
i
$ 8, 000, 000 OO
$6,00ajoOmoo
$4,000,000.00
$2,000,000,00
$0.00
01, ly
Page 110
Cumulative
% of Total % of Total
Cumulative Balances Assets Assets
$5,478,905.62
8.50%
8.50%
$22,005,669.83
34.16%
25.65%
$37,063,386.16
57.53%
23.37%
$37,063,386.16
57.53%
0.00%
$37,563,473.66
58.30%
0.78%
$38,063,523.66
59.08%
0.78%
$42,563,419.08
66.06%
6.98%
$54,054,873.24
83.90%
17.84%
$58,524,262.29
90.84%
6.94%
$60,750,182.64
94.29%
3.45%
$64,426,875.74
100.00%
5.71%
Investments by Maturity [date
M
®`Syro
IUU.UV %o
Market Value
23
City of El Segundo
Investment Advisory Committee
Investments by Security Type
As of: December 31, 2015
Item_
Availability
Market Value
Cumulative Balances
Cash in Bank
Chase
Immediate
5,478,905.62
Union Bank - Trust Account
Immediate
$0.00
Cash in Bank - Total
$5,478,905.62
$5,478,905.62
L.A.I.F. (State of California)
LAIF Immediate
16,526,764.21
$22,005,669.83
Cash Immediate
$22,005,669.83
L.A.I.F. - LAWA (Restricted)
LAIF Immediate
15,057,716.33
$37,063,386.16
Portfolio Investments:
CD's
$9,885,579.18
$46,948,965.34
Gov`t Obligations
$14,219,430.40
$61,168,395.74
Bonds
$3,258,480.00
$64,426,875.74
Subtotal
$42,421,205.91
Grand Total
$64,426,875.74
Investment Portfolio subtotal
$58,947,970.12
Investments by Security Type
$3,258,480.00 $5,478,905.62
Page 1 11
Cumulative
% of Total % of Total
Assets Assets
8.50% 8.50%
34.16% 25.65%
57.53% 23.37%
72.87% 15.34%
94.94% 22.07%
100.00% 5.06%
Cash Immediate
• LAIF Immediate
• LAIF - LAWA
• CD's
• Gov't Obligations
■ Bonds
24
Presentation
Recreation and Parks Department update on the participation in the Los
Angeles County Park Needs Assessment and results of a community
survey concerning the City's parks.
25
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26
1
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
2/22116 THROUGH 316116
Date
Payee
Description
2/25/2016
State of CA EFT
853.45
EFT Child support payment
2/26/2016
Manufacturers & Traders
22,815.71
457 payment Vantagepoint
2/26/2016
Manufacturers & Traders
467.31
IRA payment Vantagepoint
2/26/2016
South Bay Credit Union
10,000.38
Payroll credit union deduction pmt
2/26/2016
Nationwide NRS EFT
50,349.13
EFT 457 payment
2/26/2016
Unum
193.50
Long Term Care Premium
2/26/2016
Health Comp
179.80
Weekly claims
2/29/2016
IRS
239,876.20
Federal 941 Deposit
2/29/2016
Employment Development
3,229.70
State SDI payment
2/29/2016
Employment Development
50,363.70
State PIT Withholding
3/2/2016
Cal Pers
94,842.29
EFT Retirement Misc
3/2/2016
Cal Pers
271,862.74
EFT Retirement Safety
3/2/2016
Cal Pers
3,156.97
EFT Retirement Safety -Police
3/2/2016
Cal Pers
22,701.21
EFT Retirement Misc
3/4/2016
Health Comp
2,094.83
Weekly claims
3/3/2016
Lane Donovan Golf Ptr
20,551.11
Payroll Transfer
2/15/16- 2/21/16
Workers Comp Activity
23,029.78
SCRMA checks issued
2/22/16- 2/28/16
Workers Comp Activity
18,488.47
SCRMA checks issued
2/29/16- 3/3/16
Workers Comp Activity
37,034.12
SCRMA checks issued
2/15116- 2/21/16
Liability Trust - Claims
810.58
Claim checks issued
2/22/16- 2/28/16
Liability Trust - Claims
1,213.31
Claim checks issued
2/29/16- 3/3/16
Liability Trust - Claims
0.00
Claim checks issued
874,114.29
DATE OF RATIFICATION: 3/8116
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
, IIrl&
Date
Date
Date
874,114.29
Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo.
PACfty TreasureAWire Transfers%Wire Transfers 10 -01 -15 to 9 -30-16 3/8/2016 1/1
27
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2016 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 5:00 PM
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Mayor Fuentes announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -3- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Li v. City of El Segundo, et all, LAXC Case No. BC605728
1 Fowler v. City of El Segundo, WCAB Adj. No9487616
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matter.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
WR
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-6-
matters
Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group).
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Adjourned at 6:50 PM
2
WE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 1, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:00 PM
INVOCATION — Pastor Wes Harding, The Bridge
PLEDGE OF ALLEGIANCE — Council Member Atkinson
PRESENTATIONS
a) Proclamation read by Mayor Fuentes, presented to Fernando Aguilar, Youth
Manager for Tree Musketeer's, proclaiming Saturday, March 5, 2016 as Arbor
Day.
b) Presentation by Mayor Fuentes, congratulating the El Segundo High
School Zero Robotics Team, 2016 MIT Zero Robotics ISS Virtual Challenge
Champions.
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Elyse Rothstein, South Bay Workforce Investment Board (SBWIB), gave a quarterly
update.
Dana Rafiee, resident, commented on El Segundo's current building codes; he believes
the codes are restricting growth.
Alex Abad, resident and Real Estate Agent, commented on not being able to build new
houses in El Segundo. Mr. Abad, believes El Segundo is not a friendly city when it
comes to building a new home.
Benjamin Ramos, resident and Condo owner, asked Council if the City has any plans to
adopt an ordinance that will ban cigars and cigarettes in public places.
CITY COUNCIL COMMENTS — (Related to Public Communications)
3
WK
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to
read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
Consideration and possible action to award a 1) standard Public Works Contract
to Sully - Miller Contracting for construction of the Richmond Street Rehabilitation
Arterial Improvement Project and 2) Professional Services Agreement to
AndersonPenna, Inc. for Construction Inspection Services.
Project No. PW 15 -01.
(Fiscal Impact: Up to $1,691,343.00)
Greg Carpenter, City Manager, presented the item.
Stephanie Katsouleas, Public Works Director, gave a presentation and answered
Council questions.
Council Discussion
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
approve the modified plans recommended by staff, authorize the City Manager to
execute a standard Public Works Contract No. 4988, in a form approved by the City
Attorney, with Sully - Miller for the Richmond Street Rehabilitation Improvement Project,
authorize the City Manager to execute a Professional Services Agreement, in a form as
approved by the City Attorney, with AndersonPenna, Inc. for construction inspection
services. MOTION PASSED BY VOICE VOTE. 3/2 YES: Fellhauer, Fuentes, Jacobson
NO: Atkinson, Dugan
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
0
31
2. Approve Warrant Numbers 3009803 through 3010016 on Register No. 10 in the
total amount of $1,529,827.69 and Wire Transfers from 2/8/2016 through
2/21/2016 in the total amount of $3,167,525.39. Authorized staff to release.
Ratified Payroll and employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and /or adjustments; and wire
transfers.
3. Approve Regular City Council Meeting Minutes of February 16, 2016.
4. Receive and file this report regarding emergency work to repair dwelling units at
the Park Vista Senior Housing Facility due to water intrusion without the need for
bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El
Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
5. Accept as complete the 2014 -2015 Furnishing and Application of Slurry Seal on
various streets and authorize the City Clerk to file a Notice of Completion in the
County Recorder's Office. Project No. PW 15 -02.
(Fiscal Impact: $386,084.49)
6. Authorize the City Manager to transfer $420,073 of funds budgeted for Fiscal
Year FY 2015/16 for employee salaries and benefits to professional /technical
service charges and waive the request for proposal process and authorize the
City Manager to amend the existing agreements with the following consultants:
Michael Baker International, Amend. No. 4959A, Tina Gall Agr. No. 4989, J Lee
Engineering Amend. No. 3790A, and Hayer Consultants, Inc. Amend No. 4907A,
to increase the respective contract amounts by a total amount not to exceed
$420,073.
(Fiscal Impact: $0)
7. PULLED BY COUNCIL MEMBER FELLHAUER
8. Waive second reading and adopt Ordinance No. 1518 for an Environmental
Assessment (EA -1140) and a Zone Text Amendment (ZTA 15 -02) adding
Chapter 11 to Title 7 and Chapter 13B to Title 15 of the El Segundo
Municipal Code (ESMC) to clarify that commercial cannabis activities, cultivation
of medical cannabis, delivery of medical cannabis, medical marijuana
dispensaries, and medical marijuana collectives are prohibited in all zones
and specific plan areas of the City.
(Fiscal Impact: None)
MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to
approve Consent Agenda items 2, 3, 4, 5, 6, and 8. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEM:
5
32
7. Consideration and possible action to authorize an amendment No. 4990 with
Chevron USA, Inc. granting a 10 -year extension for Ordinance No. 1396 to
maintain oil pipeline n the public right -of -way in the western area of El Segundo.
(Fiscal Impact: annual revenue of approximately $3700.00)
Council Discussion
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Jacobson to
authorize the City Manager to approve an amendment, in a form approved by the City
Attorney, with Chevron USA, Inc. to extend the terms of Ordinance No. 1396 for an
additional 10 years to maintain oil pipelines in the public right -of -way in the western area
of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
G. REPORTS — CITY MANAGER — Introduced new Fire Chief, Chris Donovan.
H, REPORTS — CITY ATTORNEY - None
REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER — Not Present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer — Commented on the intersection of Main St. and Maple
Ave. Council Member Fellhauer directed staff to bring back an item on a possible
solution for the intersection.
9. Consideration and possible action to direct staff to return with a report on the
impact of the changes to the city's R -1 Ordinance from 2006.
(Fiscal Impact: None)
Council Member Fellhauer introduced and presented the item.
Council discussion
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson
directing staff to return with a report on the impact of the changes to the city's R -1
Ordinance from 2006. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Member Atkinson — None
Council Member Dugan — None
C1
33
Mayor Pro Tern Jacobson — Mentioned the Mattel Hot Wheels event will be held
Saturday, March 5, 2016 from 10:00 am — 1:00 pm at the Automobile Driving Museum,
Mayor Fuentes — None
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Jack Axelrod, resident, commented on various items of concern.
Dr. Antonio Mendez, resident, commented on the Richmond Street Project in
conjunction with Fiber Optics.
Frank Glynn, resident and architect, commented on the City's current zoning codes and
the limitations created by the codes.
MEMORIALS — None
ADJOURNMENT at 8:42 PM
Tracy Weaver, City Clerk
7
34
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to 1) award a standard Public Works Contract to
Ramona, Inc. for Water Main Improvement at Center St., Walnut Ave. and Maple Ave.,
Project No. PW16 -02; 2) award a standard Public Works Professional Services
Agreement to AKM Consulting Engineers for construction inspection services; (Fiscal
Impact: $1,750,787.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract, in a form
approved by the City Attorney, with Ramona, Inc. in the amount of $1,388,300.00
and approve an additional $208,245.00 for construction- related contingencies.
2. Authorize the City Manager to execute a standard Public Works Professional Services
Agreement in a form as approved by the City Attorney with AKM Consulting
Engineers in the amount of $144,242.00 for construction inspection and geotechnical
(compaction) oversight and testing, and approve an additional $10,000.00 for related
contingencies.
3. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Map of Project Area
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $2,700,000
Additional Appropriation: No
Account Number(s): 501- 400 - 7103 -8207 (Water Enterprise Fund, Water Main Repair)
ORIGINATED BY: Lifan Xu, Principal Civil Engineer.
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager J C
BACKGROUND AND DISCUSSION:
Much of the City's water transmission and distribution system dates back to the 1920's. These
older water mains have exceeded their useful life and are now in need of replacement. Standard
practices call for replacing lines every 50 -70 years due to natural degradation from soil chemistry
and chlorinated potable water sources. Some water distribution lines are also undersized for
meeting today's potable water demand. Staff regularly evaluates the conditions of the pipes to
develop and prioritize a replacement schedule each year. This year, a total of approximately
4,300 ft of water mains and about 130 service lines and meters are scheduled for replacement at
the following locations (also see attached location map):
35
Center St., from Mariposa Ave. to Imperial Ave. (1930s140s, undersized)
Walnut Ave., from Center St. to California St. (1930s)
Maple Ave., from Center St. to California St. (1930s)
On February 2, 2016, City Council adopted plans and specifications for the Water Main
Improvement at Center St., Walnut Ave., and Maple Ave. (Project No. PW16 -02) and authorized
staff to advertise the project for receipt of construction bids. On February 23, 2016, the City
Clerk received and opened eleven (11) bids as follows:
1. Ramona, Inc.
$1,388,300.00
2. Kana Pipeline, Inc.
$1,396,000.00
3. Stephen Doreck Equipment Rentals, Inc.
$1,396,251.00
4. Toro Enterprises, Inc.
$1,428,198.00
5. Cedro Construction Inc.
$1,441,596.06
6. Dominguez General Engineering Inc.
$1,546,090.00
7. Colich & Sons L.P.
$1,737,955.00
8. GRFCO, Inc.
$1,775,550.00
9. Blois Construction, Inc.
$1,812,612.00
10- Sully- Miller Contracting Company
$1,817,000.00
11.Sam Hill & Sons, Inc.
$1,852,517.00
The lowest responsible bidder is Ramona, Inc., who is well below the engineering cost estimate
of $1,600,000.00. Staff checked the contractor's license status and references, and Ramona, Inc.
has satisfactorily completed similar projects for City of El Segundo and other public agencies.
Additionally, staff has utilized inspection and geotechnical services of AKM Consulting
Engineers for several similar projects and finds them to be exceptional in their daily oversight
and documentation during construction of water and sewer main projects. Staff has also verified
that AKM's rates are typical of the market for this type of inspection work.
Staff therefore recommends that City Council:
1) Authorize the City Manager to execute a standard Public Works Contract, in a form
approved by the City Attorney, with Ramona, Inc. in the amount of $1,388,300.00 and
approve an additional $208,245.00 for construction- related contingencies.
2) Authorize the City Manager to execute a standard Public Works Professional Services
Agreement in a form as approved by the City Attorney with AKM Consulting Engineers
in the amount of $144,242.00 for construction inspection and geotechnical (compaction)
oversight and testing, and approve an additional $10,000.00 for related contingencies.
Any unspent water fund will be returned to the Water Enterprise Fund. Staff estimates the
following timeline for the project:
March, 2016 Project Award by City Council
June, 2016 Start Construction
October, 2016 Complete Construction
This work was identified and approved in FY 2015/16 budget as part of our Capital
Improvement Program project listing and will advance our ultimate goal to replace all of our
36
aging water infrastructure. Please note that the work on Center Street will be coordinated to
occur during the summer while school is out of session. The other streets will follow, with every
effort made to minimize the impact of residents during the fall school session.
37
I
Wz
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding Adoption of Plans and Specifications for
Pavement Resurfacing of East Imperial Highway in the City of El Segundo between
Sepulveda Boulevard and Aviation Boulevard. Project No.: PW 16 -10 (Fiscal Impact:
$728,427.00)
RECOMMENDED COUNCIL ACTION:
Adopt the attached resolution approving Plans and Specifications for Pavement
Resurfacing of East Imperial Highway in the City of El Segundo between Sepulveda
Boulevard and Aviation Boulevard.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Location Map
FISCAL IMPACT: To Be Determined
Amount Budgeted: $0
Additional Appropriation: Yes $728,427.00 from Proposition C and STP -L
Account Number(s): To Be Determined
ORIGINATED BY: Floriza Rivera, Principal Engineer '''
REVIEWED BY: Stephanie Katsouleas, Public Works Directory f
APPROVED BY: Greg Carpenter, City Manager&
BACKGROUND AND DISCUSSION:
On a triennial basis and as part of its Pavement Management Program, the City of El Segundo
completes a comprehensive report on the state of the city's roadways. The report assigns a
Pavement Condition Index (PCI), on a scale from 0 -100 with 100 being best, to each arterial and
collectorstreet based on its pavement condition. Scores below 75 require some type of
preventative maintenance depending on the extent of the roadway distress, which can range from
slurry overlay to complete reconstruction. Not surprisingly, lower scores require more aggressive
rehabilitation strategies than higher scores. The City's goal is to ensure every street's average
PCI remains above 65, which is "good to fair."
Under the City's Pavement Management Program, Imperial Highway (between Sepulveda Blvd.
and Aviation Blvd.) received an average Pavement Condition Index (PCI) of 30, thus classifying
this street as needing significant repair. The rehabilitation of East Imperial Highway is a high
priority as a major arterial in El Segundo. It is a highly traveled thoroughfare, in particular for ,,r
Los Angeles World Airport users and El Segundo's commercial sector businesses. Street overlay 4
39
resurfacing is needed to structurally replace the pavement, and to prevent further potholes and
alligator cracking. The proposed pavement overlay treatment involves the installation of asphalt
rubber aggregate membrane (ARAM) followed by the application of two -inch (2 ") thick asphalt
concrete. This treatment is more expensive than the standard two -inch hot mix asphalt overlay
treatment but is proven to provide a longer life cycle on streets with heavy truck traffic. Staff
plans to bid the project in April and anticipates that construction will commence in June and be
completed this later this summer.
Please note that this project is expected to be fully funded with Proposition C and Surface
Transportation Program — Local Return (STP -L) grant funds. Staff recommends that City
Council adopt the plans and specifications and the attached resolution, and authorize the project
for receipt of construction bids.
Staff estimates the following timeline for the project:
March, 2016
Advertise the Project
April, 2016
City Council Awards Project
July, 2016
Start Construction
August, 2016
Complete Project
WE
RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR
PAVEMENT RESURFACING OF EAST IMPERIAL AVENUE IN THE
CITY OF EL SEGUNDO BETWEEN SEPULVEDA BOULEVARD AND
AVIATION BOULEVARD. PURSUANT TO GOVERNMENT CODE
SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans for pavement
resurfacing of East Imperial Avenue in the City of El Segundo between
Sepulveda Boulevard and Aviation Boulevard (the "Project "). The plans
and specifications are complete. Bidding for construction of the Project
may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account ") following receipt of construction bids. The
Project Payment Account will be the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
Page 1 of 2
41
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Suzanne Fuentes, Mayor
David H. King, Assistant City Attorney
20
Page 2 of 2
42
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for the Sewer Main Repairs at Indiana, Pine, Illinois and Mariposa, Project
No. PW 16 -01 (Fiscal Impact: $2,000,000.)
RECOMMENDED COUNCIL ACTION:
1. Adopt attached resolution approving Plans and Specifications for the Sewer Main
Repairs at Indiana, Pine, Illinois and Mariposa, Project No. PW 16 -01,
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $2,000,000
Additional Appropriation: No
Account Number(s): 502- 400 - 8204 -8647 (Sewer Enterprise Fund)
ORIGINATED BY: Floriza Rivera, Principal Engineei��,.
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
In 2010, Advanced Sewer Technologies (AST) conducted a video inspection and conditional
assessment on the City's sanitary sewer collection system's pipes and manholes. The Conditional
Assessment Report found broken pipes, fractures, offsets and various other deficiencies throughout
the system. Staff uses the AST report to serve as its guidance document for prioritizing the City's
highest sewer repair and replacement needs. Based on the AST report's findings, staff
implemented sewer pipe repairs in the western residential areas of El Segundo in 2013. Please
note that staff evaluates the condition of each priority segment of sewer mains each year prior to
developing plans and specifications to determine which segments can be repaired using the
trenchless lining method and which segments are in need of full replacement (e.g., open trench).
This, in turn, allows us to implement the best possible repair options in the most cost - effective
manner. Open trench repair is the only suitable method of repair for the more severely damaged
sections of sewer pipes. 5
..
The repairs identified for this year's project will be constructed using the open trench method.
They are predominantly located just west of Sepulveda Boulevard. One small repair on Mariposa
Ave., between 626 and 730 East Mariposa, is also proposed (see attached map of project area).
Staff has developed plans and specifications for the FY 2015/16 open trench sewer repairs and
recommends that City Council: 1) adopt the attached resolution approving the plans and
specifications for the Sewer Main Repairs at Indiana, Pine, Illinois and Mariposa (Project No. PW
16 -01), and 2) authorize staff to advertise the project for receipt of construction bids. Staff
estimates the following timeline for the project:
March, 2016 Advertise the Project
April, 2016 City Council Awards Project
July, 2016 Start Construction
December, 2016 Complete Project
45
RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR SEWER
MAIN REPAIRS ON INDIANA, PINE, ILLINOIS AND MARIPOSA.
PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of El Segundo does resolve as follows
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans for sewer main
repairs on Indiana, Pine, Illinois and Mariposa, collectively known as the
Sewer Main Repairs Project, Project No. PW 16 -01 (the "Project "). The
plans and specifications are complete. Bidding for construction of the
Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3_: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account ") following receipt of construction bids. The
Project Payment Account will be the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
Page 1 of 2
46
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
LIZA
Suzanne Fuentes, Mayor
David H. King, Assistant City Attorney
Page 2of2
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EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to receive and file this report regarding emergency
work to repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code §§
20168 and 22050 and El Segundo Municipal Code (`SSMC ")§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file this report regarding emergency work to repair dwelling units at the
Park Vista Senior Housing Facility due to water intrusion without the need for
bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El
Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4.
(2) Alternatively, discuss and take other possible action related to this item
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $50,000.00
Additional Appropriation: No
Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance: Repairs and
Maintenance)
ORIGINATED BY: Stephanie Katsouleas, Director of Public Works
REVIEWED BY: Gregg Kovacevich, Assistant City Attorney
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Construction to replace three sliding glass doors and modify the slopes of the decks commenced
on February 29, 2016. As mentioned previously, the project is expected to take between three
and four weeks to complete when considering framing, drywall, stucco patch, painting and
decking for all three units.
Public Contracts Code § 22050 (c) requires that the City Council receive updates at every
regularly scheduled meeting until the emergency repair is completed. Therefore, staff
recommends that City Council receive and file this report on the status of the emergency repair
to address the water intrusion issues at Park Vista Senior Housing Facility.
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of grant funding from the United
States Department of Homeland Security, Federal Emergency Management Agency, Grants
Program Directorate (DHS) under Fiscal Year 2015 Urban Area Security Initiative Grant
Program (UASI) to pursue regional training and procure necessary Urban Search and Rescue
(USAR) equipment. (Fiscal Impact: $35,700)
RECOMMENDED COUNCIL ACTION:
1. Authorize the acceptance of $35,700 in grant funds from the UASI 2015 grant program.
2. Authorize the City Manager to sign an Agreement with the City of Los Angeles who will
serve as the grant administrator for the grant;
3. Alternately, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Sub - recipient Agreement.
FISCAL IMPACT:
Amount Budgeted: $35,700
Additional Appropriation: Yes
Account Number(s): 124 - 300 - 3202 -3785 (UASI)
124 - 400 -3785 -8104 (Equipment)
ORIGINATED BY: Carol Lynn Anderson, Sr. Management Analyst
REVIEWED BY: Christopher Donovan, Fire Chief '0
APPROVED BY: Greg Carpenter, City Manager, A
y:Cef tl111► I XI 1 13 14111.Y.y ox1f
The Urban Areas Security Initiative (UASI) Grant Program of 2015 provides federal grant funds
through the United States Department of Homeland Security, Federal Emergency Management
Agency, Grants Program Directorate (DHS). The State of California, through the Governor's
Office of Emergency Services acts as the "pass- through entity" for sub -award to the City for the
benefit of the Los Angeles /Long Beach Urban Area cities.
Eligible fire department projects are applied for through the Los Angeles Area Fire Chiefs group,
with the goal of funding programs that benefit the region. UASI 2015 funding was carved out
for the City of El Segundo to provide federal funding to purchase Urban Search and Rescue
(USAR) equipment and provide funding to cover overtime and back -fill expenses associated
with staff attending Homeland Security Exercise Programs. This program is part of a regional
50
effort to provide operational area Urban Search and Rescue (USAR) Mobilization exercises for
fire personnel to attend.
In accordance with the City Council Policy regarding grant submissions:
1. The grant award is made by the United States Department of Homeland Security,
Federal Emergency Management Agency, Grants Program Directorate (DHS). The grant
is administered by the City of Los Angeles.
2. The total amount being requested is: $35,700
3. Matching Funds Cost - Share: None
4. Source of Matching Funds Cost Share: N/A
5. The grant does not provide up -front funding. Municipalities submit reimbursement
requests to the grant administrator after expenditures are made and processed for
payment. Approved requests are reimbursed by the City of Los Angeles.
51
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52
SUBAWARD AGREEMENT
Subrecipient: City of El Segundo
Title: FY 2015 Urban Area Security Initiative (UASI) Grant Program
City Contract Number
53
TABLE OF CONTENTS
Section Section Title ?Age
Number Number
I. GENERAL INFORMATION
§1.1 Federal Award Information .................................................... ..............................1
§1.2 Subaward Information and Period of Performance ............... ..............................1
§13 Parties and Notice ................................................................. ..............................2
§1 A Authorities ................... ..................... ... 2
11. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements ............................ .................... ............................... 4
§2.2 City Adminstrative Requirements ......................................... ............................... 4
§2.3 DHS and CaIOES Requirements ......................................... ............................... 7
§2.4 Uniform Requirements for Federal Awards .......................... .............................11
I_I I_1�11 f_\, 17_I3 &I
§3.1
Independent Party .............................................................. ...............................
17
§3.2
Construction of Provisions and Title Herein ....................... ...............................
17
§3.3
Applicable Law, Interpretation and Enforcement ................ ...............................
17
§3.4
Integrated Agreement ........................................................ ...............................
17
§3.5
Excusable Delays ................................................................. .............................18
§3.6
Breach .................................................................................. .............................18
§3.7
Prohibition Against Assignment and Delegation ................. ...............................
18
§3.8
Indemnification ..................................................................... .............................18
§3.9
Subcontractor Assurances ................................................. ...............................
19
§3.10
Remedies for Noncompliance ............................................ ...............................
19
§3.11
Termination .......................................................................... .............................19
§3.12
Amendments ...................................................................... ...............................
20
§3.13
Complete Agreement ......................................................... ...............................
20
SignaturePage ................................................................. .............................21
UASI 15 Subaward Agreement
54
EXHIBITS
Exhibit A DHS Standard Conditions and CalOES Assurances
Exhibit B Financial Management Forms Workbook
Exhibit C Modification Request and Reimbursement Request Forms
Exhibit D CalOES Forms
Exhibit E Technology Standards
UASI 15 Subaward Agreement H
6.10.
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF EL SEGUNDO
THIS SUBAWARD AGREEMENT ( "Agreement" or "Contract ") is made and
entered into by and between the City of Los Angeles, a municipal corporation (the
"City "), and the City of El Segundo, a municipal corporation (the "Subrecipient "). In
consideration of the mutual covenants set forth herein and the mutual benefits to be
derived therefrom, the City and Subrecipient (each a "Party" and collectively, the
"Parties ") agree as follows:
§1.1
GENERAL INFORMATION
Federal Award Information
The "Federal award" (as such term is defined in the Code of Federal Regulations
( "CFR "), 2 CFR §200.38, and used in this Agreement) is the Fiscal Year (FY)
2015 Urban Area Security Initiative Grant Program, FAIN #EMW- 2015 -SS-
00078, CFDA #97.067, Federal Award Date July 28, 2015.
The "Federal awarding agency" (as such term is defined in 2 CFR §200.36 and
used in this Agreement) is the United States Department of Homeland Security,
Federal Emergency Management Agency, Grants Program Directorate ( "DHS ").
The State of California, through its Governor's Office of Emergency Services
( "CalOES "), acts as the "pass- through entity" (as such term is defined in 2 CFR
§200.74 and used in this Agreement) for the subaward of the Federal award to
the City for the benefit of the Los Angeles /Long Beach Urban Area ( "LA/LBUA ")
in the amount of $55,600,000.00.
The City, acting through its Mayor's Office of Public Safety ( "Mayor's Office "),
acts as the pass- through entity for this subaward of the Federal award to
Subrecipient.
§1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward ( "Subaward ") of the Federal
award upon the terms and conditions set forth in this Agreement:
Subaward amount: $35,700.00
Subaward Period of Performance ( "Term "): September 1, 2015
to May 31, 2018
Match Requirement: None
UASI 15 Subaward Agreement
56
§1.3
The term of this Agreement shall be the "Term" as set forth in this Section 1.2.
Parties and Notice
The Parties to this Agreement, and their respective representatives who are
authorized to administer this Agreement and to whom formal notices, demands
and communications shall be given are as follows:
Party:
Authorized Representative:
Authorized Department:
Address, Phone, Fax, E -mail
Party:
Authorized Representative:
Authorized Department:
Address, Phone, Fax, E -mail
City of Los Angeles
Jeff Gorell, Deputy Mayor
Mayor's Office of Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213)978 -0687
Email: jeff.gorell @lacity.org
City of El Segundo
Carol Lynn Anderson, Sr. Management Analyst
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
Phone: (310) 524 -2278
Email:canderson @elsegundo.org
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. If the name of the person
designated to receive the notices, demands or communications or the address of
such person is changed, written notice shall be given, in accordance with this
section, within five (5) business days of said change.
§1.4 Authorities
The Los Angeles City Council and the City's Mayor have accepted the Federal
award and have authorized the City to execute this Agreement (C.F. #15 -0734,
1/26/16.)
Subrecipient warrants that it has obtained written authorization from its city
council, governing board, or authorized body to execute this Agreement and
accept and use the Subaward. Subrecipient further warrants that such written
authorization specifies that Subrecipient and the city council, governing board or
authorized body agree:
a. To provide all matching funds required under the Subaward and that any
cash match will be appropriated as required.
UASI 15 Subaward Agreement
4
57
b. That any liability arising out of the performance of this Agreement shall be
the responsibility of Subrecipient and the city council, governing board or
authorized body.
C. That Subaward funds shall not be used to supplant expenditures
controlled by the city council, governing board or authorized body.
d. That the official executing this Agreement is, in fact, authorized to do so.
Subrecipient shall maintain this proof of authority on file and make it readily
available upon demand.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 15 Subaward Agreement 3
II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply
with all terms and conditions set forth in this Agreement, which includes all
guidance, regulations and requirements (collectively, "Requirements ") of the
Federal awarding agency and CalOES that are applicable to a recipient and /or
subrecipient of a Federal award or grant. Such Requirements are set forth in the
following documents and incorporated herein by this reference: (1) Department
of Homeland Security FY 2015 Homeland Security Grant Program Notice of
Funding Opportunity ( "DHS NOFO "), (2) FY 2015 DHS Standard Terms and
Conditions ( "DHS Standard Conditions "), (3) FEMA Information Bulletins ("IB "),
(4) CalOES 2015 Homeland Security Grant Program California Supplement to
the Federal Notice of Funding Opportunity ( "CalOES Supplement "), (5) CalOES
2015 Standard Assurances for All CalOES Federal Grant Programs ( "CalOES
Assurances "), (6) CalOES Grant Management Memos ( "GMM "), and (6) the cost
principles, uniform administrative requirements and audit requirements for federal
grant programs as housed in Title 2, Part 200 of the Code of Federal Regulations
( "CFR ") and in updates issued by the Office of Management and Budget ( "OMB ")
on http:///www.whitehouse,qov/omb .
Subrecipient hereby certifies that it has the legal authority to execute this
Agreement, accept the Subaward given through this Agreement, and has the
institutional, managerial and financial capability to ensure proper planning,
management and completion of its projects being funded by the Subaward.
Subrecipient hereby acknowledges that it is responsible for reviewing and
adhering to all Requirements referenced above. For reference and without
limitations, certain of the Requirements are set forth in more detail in the sections
below.
§2.2 City Administrative Requirements
A. Subrecipient acknowledges and agrees that the City is acting as a "pass -
through entity" (as such term is defined in 2 CFR §200.74 and used in this
Agreement) for this Subaward and that the City shall have the rights and
obligations relating to this Subaward and its administration as set forth in
this Agreement and in 2 CFR Part 200.
B. Subrecipient and the City have previously completed a mutually approved
Financial Management Forms Workbook which was approved by CalOES
prior to the execution of this Agreement (the "Workbook ") and which is
attached hereto as Exhibit B. The Workbook contains detailed listings of
items and projects and the amount of Subaward funds allocated for such
items and projects. Subrecipient shall use the Subaward funds strictly in
accordance with the Workbook, and any expenditures not so made shall
be deemed disallowed under this Subaward.
UASI 15 Subaward Agreement 4
WE
The City shall provide Subrecipient with an electronic Workbook of
Subrecipient's projects. Any request by Subrecipient to modify the
Workbook must be made in writing and accompanied by a completed
Modification Request Form, attached hereto as Exhibit C, and a revised
Workbook showing such modification and containing all supporting
documentation as required. Workbook modification requests must be
submitted to the City no often than once a month and prior to deadlines
set by the City. Requests submitted after any such deadline will be
returned to Subrecipient and will not be accepted until the following
submission period. The City will notify Subrecipient in writing if Workbook
modification requests are inaccurate and /or incomplete. Inaccurate and /or
incomplete requests shall be returned to the Subrecipient for revision and
shall be accepted by the City when such requests are accurate and
complete. Subrecipient shall not expend any funds on modified Workbook
items until such modification is approved by the City and CalOES.
C. Subrecipient previously submitted to the City a Project Application in
connection with the Subaward, which included a Project Timeline ( "Project
Timeline ") setting forth details regarding the milestone and completion
dates for Subrecipient projects funded under the Subaward. Subrecipient
shall manage its Subaward funded projects in accordance with the Project
Timeline and provide, in a timely manner, any plans and reports requested
by the City regarding the status of such projects. In the event a Workbook
modification request requires a modification to the Project Timeline,
Subrecipient shall update the Project Timeline accordingly and submit it
along with its Workbook modification request for approval. Failure to meet
any milestones or deadlines as set forth in Subrecipient's Project Timeline
may result in the City reducing Subaward funds allocated to the
Subrecipient.
D. Subrecipient shall complete and deliver to the City all forms required by
CalOES in connection with the implementation of Subrecipient's projects
under the Subaward. Such forms, which are collectively attached hereto
as Exhibit D, include: (1) an aviation equipment request form, (2) a
watercraft equipment request form, (3) an Emergency Operations Center
request form, (4) an Environmental and Historical Preservation ( "EHP ")
request form, and (5) a sole source procurement request form.
Subrecipient acknowledges that all such forms must be completed,
delivered and approved by the City and CalOES prior to the purchase of
said equipment, implementation of the project, or the completion of a sole
source procurement, as the case may be. Approval of such requests and
forms shall be made by the City and CalOES in their respective sole
discretion. Failure to gain approval of such completed requests and forms
by the City and CalOES may disallow any costs incurred by Subrecipient
under this Subaward in connection with such equipment, project or
procurement.
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E. Subrecipient agrees that any equipment, product, service or activity
funded with this Subaward shall comply with any and all technological
and /or interoperability specifications and standards as may be approved
by the LA/LBUA region, and any such equipment, product, service or
activity not so compliant shall be not eligible for funding by this Subaward.
A list of technological standards currently approved by the LA/LBUA
region is attached as Exhibit E. Subrecipient shall further ensure that it
retains from its contractors, subcontractors, and vendors all rights related
to inventions, copyrightable materials, and data for which the Federal
awarding agency and CaIOES has rights to, as more fully set forth in 2
CFR §315 Agreement and Section 2.3.P. of this Agreement.
F, Any "equipment" (as such term is defined in 2 CFR §200.33 and used in
this Agreement) acquired or obtained with Subaward funds: (1) Shall be
made available pursuant to applicable terms of 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 LA/LBUA, 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; (2) Shall be consistent with needs as identified in the
State Homeland Security Strategy and will be deployed in conformance
with that Strategy; and (3) Shall have an LA/LBUA identification decal
affixed to it, and, when practical, shall be affixed where it is readily visible
and prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security."
Subrecipient shall take a physical inventory of all equipment acquired or
obtained with Subaward funds and reconcile the results with equipment
records at least once every year.
G. This Subaward is not a "fixed amount award" as such term is defined in 2
CFR §200.45. Subrecipient agrees that disbursment of this Subaward to
Subrecipient shall be made on a reimbursement method. In the event
Subrecipient requests advance payment of Subaward funds, Subrecipient
shall comply with, and provide evidence to the City of compliance with, the
criteria and obligations related to the use of advance payments as set
forth in 2 CFR §200.305 as well as satisfying any other City and CaIOES
requirements for advance payments.
In requesting reimbursement from Subaward funds, Subrecipient shall
prepare, maintain and provide to the City a completed Reimbursement
Request Form (attached hereto as Exhibit C) along with invoices,
purchase orders, proof of delivery, proof of payment and payroll records,
timesheets, receipts and any other supporting documentation necessary
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to fully and accurately describe the expenditure of funds for which
reimbursement from the Subaward is requested (collectively, the
"Reimbursement Request "). All such supporting documentation for the
Reimbursement Request shall satisfy applicable Federal, State and City
audit and review standards and requirements. Such documentation shall
be prepared at the sole expense and responsibility of Subrecipient, and
the City and the Subaward will not reimburse the Subrecipient for any
costs incurred for such preparation. The City may request, in writing,
changes to the content and format of such documentation at any time, and
the City reserves the right to request additional supporting documentation
to substantiate costs incurred at any time. The City will notify Subrecipient
in writing if a Reimbursement Request is inaccurate and /or incomplete.
Inaccurate and /or incomplete Reimbursement Requests shall be returned
to Subrecipient for revision and shall be accepted by the City when
Reimbursement Requests are accurate and complete.
Reimbursment Requests must be submitted to the City on a monthly
basis. The City shall forward a Reimbursement Request to CalOES for
payment within thirty (30) days of receipt of such Reimbursement
Request, provided such request is deemed accurate and complete. The
City shall forward reimbursement payment on a Reimbursement Request
to Subrecipient within thirty (30) days of receipt of such reimbursement
payment from CalOES to the City.
Final Reimbursement Requests for this Subaward must be received by the
City no later than one hundred twenty (120) days prior to the end of the
Term to allow the City sufficient time to complete close -out activities for
this Subaward (the "Reimbursement Deadline "). Any Reimbursement
Request submitted after the Reimbursement Deadline shall be rejected
unless, prior to the the submission of such request, the Mayor's Office, in
its sole discretion, has approved in writing the submission of such request
after the Reimbursement Deadline. After the Reimbursement Deadline,
any unexpended Subaward funds may be re- directed to other needs
across the LA/LBUA region. The City will notify Subrecipient, in writing,
when unexpended Subaward funds may be re- directed.
H. Subrecipient acknowledges that the City makes no commitment to
disburse Subaward funds beyond the terms set forth herein and that
funding for all periods during the Subaward Term is subject to the
continuing availability to the City of federal funds for this Subaward from
CalOES and the Federal awarding agency. This Agreement may be
terminated immediately upon written notice to Subrecipient of such loss or
reduction of Subaward funds.
§2.3 DHS and CalOES Requirements
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Subrecipient shall comply with all Requirements promulgated by DHS (which is
the Federal awarding agency for this Subaward) and CalOES which are
applicable to this particular Subaward. These include, without limitation, (1) the
Requirements for recipients and subrecipients set forth in the DHS NOFO and
the DHS Standard Conditions, and (2) the Requirements for "Applicant" and
subrecipients set forth in the CalOES Supplement and the CalOES Assurances.
For reference, the DHS Standard Conditions and the CalOES Assurances are
both attached hereto as Exhibit A and incorporated herein. Some of these DHS
and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that
have been budgeted for the same purpose through non - federal sources.
Upon request by the City, CalOES and /or the Federal awarding agency,
Subrecipient shall be required to demonstrate and document that a
reduction in non - Federal resources occurred for reasons other than the
receipt or expected receipt of Subaward funds. Subrecipient shall not
charge any costs allocable under this Subaward to any other Federal
award to overcome fund deficiencies, to avoid restrictions imposed by
Federal statutues, regulations, or terms and conditions of Federal awards,
or for other reasons. Subrecipient shall not be delinquent in the
repayment of any Federal debt. Subrecipient must request instruction
from the City and CalOES for proper disposition of any original or
replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729,
which sets forth that no subgrantee, recipient or subrecipient of federal
funds or payments shall submit a false claim for payment, reimbursement
or advance. Subrecipient agrees to be subject to the administrative
remedies as found in 38 U.S.C. Section 3801 -3812 for violations of this
requirement.
C. Subrecipient shall comply with the provisions of DHS Specific
Acknowledgements and Assurances section set forth in the DHS Standard
Conditions and the Reporting Accusations and Findings of Discrimination
section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political
Activities section set forth in the CaIOES Assurances. In connection
thereto, Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of Subrecipient, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
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entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, Subrecipient shall complete and submit Standard
Form -LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
c. Subrecipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR
§200.212 and codified in 2 CFR Part 180, Subrecipient shall provide
protection against waste, fraud and abuse by debarring or suspending
those persons deemed irresponsible in their dealings with the Federal
government. Subrecipient hereby certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
b. Have not within a three -year period preceding this Agreement 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;
c. 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 2.3.G.c. above; and
d. Have not within a three -year period preceding this Agreement had one
or more public transactions (Federal, State, or local) terminated for
cause or default.
F. Subrecipient shall comply with the Drug -Free Workplace Act of 1988 (41
U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection
thereto, Subrecipient hereby certifies that it will or will continue to provide
a drug -free workplace and a drug -free awareness program as outlined in
such Act.
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G. Subrecipient shall comply with all Federal statutes relating to non-
discrimination, including, without limitation, those statues and provisions
set forth in the Non - Discrimination and Equal Employment Opportunity
section of the CalOES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with
Disabilities Act, 42 USC §12101 et seq., and its implementing regulations
(ADA), the Americans with Disabilities Act Amendments Act of 2008
(ADAAA), Pub. L. 110 -325 and all subsequent amendments, Section 504
of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 USC 794
and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards
(UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et
seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all 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 ADA, the ADAAA, the Rehab Act, the UFAS and the FHA
and all subsequent amendments. Subrecipient will not discriminate
against persons with disabilities or against persons due to their
relationship to or association with a person with a disability. Any contract
entered into by Subrecipient (or any subcontract thereof), relating to this
Agreement, to the extent allowed hereunder, shall be subject to the
provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the
Environmental Standards section of the CalOES Assurances.
Subrecipient shall comply with the provisions set forth in the Reporting -
Accountability section of the CalOES Assurances, which relate to
compliance with the Federal Funding Accountability and Transparency Act
and statutory requirements for whistleblower protections.
Subrecipient shall comply with the provisions set forth in the Human
Trafficking section of the CalOES Assurances, which relate to compliance
with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor
Standards section and Worker's Compensation section of the CalOES
Assurances, which relate to compliance with various Federal statutes
regarding labor standards and State worker's compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property -
Related section of the CalOES Assurances and the provisions applicable
to construction projects as set forth in the Certfications Applicable to
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Federally- Funded Construction Projects section of the CaIOEs
Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information
Act and the California Public Records Act to certain information as more
fully set forth in the Freedom of Information Act section and the California
Public Records Act section of the CalOES Assurances.
N. When collecting Personally Identifiable Information (PII), Subrecipient
must have a publicly - available policy that describes what PI it collects,
how it plans to use the PII, whether it shares PII with third parties, and
how individuals may have their PII corrected where appropriate.
O. Subrecipient shall comply with the provisions set forth in the
Acknowledgement of Federal Funding from DHS and Use of DHS Seal,
Logo and Flags section of the CalOES Assurances, which relate to
requirements for acknowledging the use of federal funds and obtaining
approval for use of various DHS seals and logos.
P. Subrecipient shall affix applicable copyright notices as required under the
Copyright section of the CaIOES Assurances and shall be subject to the
provisions set forth in the Patents and Intellectual Property Rights section
of the DHS Standard Conditions.
Q. Subrecipient shall comply with the provisions set forth in the Contract
Provisions for Non - federal Entity Contracts under Federal Awards section
of the DHS Standard Conditions.
R. Subrecipient shall comply with the SAFECOM Guidance for Emergency
Communication Grants when using Subaward funds in connection with
emergency communication equipment, including provisions on technical
standards that ensure and enhance interoperable communications.
S. Subrecipient shall 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.
Subrecipient shall comply with all Federal and State conflict of interest
laws and regulations.
T. Subrecipient shall comply with the provisions set forth in the following
sections of the CaIOES Assurances; (1) the Energy Policy and
Conservation Act, (2) the Hotel and Motel Fire Safety Act of 1990, (3) the
Terrorist Financing E. 0. 13224, and (4) the USA Patriot Act of 2001.
§2.4 Uniform Requirements for Federal Awards
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Subrecipient acknowledges that this Subaward is a "Federal award" as such term
is defined in 2 CFR §200.38 and that Subrecipient's use of this Subaward is
subject to the uniform administrative requirements, cost principles, and audit
requirements for Federal awards which are codified in 2 CFR Part 200 (the
"Uniform Requirements "). Subrecipient agrees that it is considered a "non -
Federal entity" and a "subrecipient" as such terms are defined in 2 CFR § §200.69
and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and
be subject to, all provisions, regulations and requirements applicable to a
"subrecipient" and a "non - Federal entity" as set forth in the Uniform
Requirements. Further, Subrecipient agrees that the City and CalOES are each
a "pass- through entity" as such term is defined in 2 CFR §200.74 and that each
of them shall have the rights and remedies of a "pass- through entity" in relation to
this Subaward and Subrecipient as set forth in the Uniform Requirements..
Without limitation, some of these Uniform Requirements are set forth below in
this Section 2.4.
A. Subrecipient shall disclose to the City any potential conflict of interest in
connection to this Subaward and its use in accordance with 2 CFR
§200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for
violations of Federal criminal law involving fraud, bribery, or gratutity as
set forth in 2 CFR §200.113.
C. Subrecipient acknowledges that the City may impose additional specific
conditions to this Subaward in accordance with 2 CFR §200.207, and
Subrecipient shall comply with such conditions. Subrecipient shall also
submit any annual certifications and representations deemed required by
the City in accordance with 2 CFR §200.208.
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non - Federal entity
regarding financial management and the establishment of a financial
management system, all as more fully set forth in 2 CFR §200.302.
Further, Subrecipient shall comply with the requirements set forth in 2
CFR §200.303, which relate to certain obligations required of Subrecipient
to maintain internal controls over the use of this Subaward.
E. In the event this Subaward requires cost sharing or matching of funds
from Subrecipient, Subrecipient shall comply with the cost sharing and
matching requirements set forth in 2 CFR §200.306.
F. Subrecipient shall comply with the requirements relating to program
income as more fully set forth in 2 CFR §200.307.
G. Property Standards
When property (real, tangible or intangible) is, in whole or in part,
improved, developed, purchased or otherwise acquired with Subaward
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funds, Subrecipient shall comply with the regulations set forth in 2 CFR
§ §200.310 through 200.316 ( "Property Regulations "). These Property
Regulations include, without limitation, provisions related to the following:
1. Requirements for insurance coverage for real property and
equipment.
2. Requirements for title, use, disposition and transfer of title of "real
property" (as defined in 2 CFR §200.85).
3. Regulations involving Federally -owned and exempt property.
4. Requirements for title, use, management (including recordkeeping,
inventory, control systems and maintenance procedures), and
disposition of "equipment" (as defined in 2 CFR §200.33).
5. Requirements for title, use and disposition of "supplies" (as defined
in 2 CFR §200.94).
6. Requirements for title, rights, use and disposition of "intangible
property" (as defined in 2 CFR §200.59). Such requirements
include, without limitation, (a) a reservation of rights by the Federal
awarding agency to a royalty -free, non - exclusive and irrevocable
right to use certain copyrighted work or work subject to copyright,
(b) the rights of the Federal government to data produced under the
Subaward, (c) the applicability of the Freedom of Information Act to
certain research data produced or acquired under the Subaward,
and (d) Subrecipient's compliance with applicable regulations
governing patents and inventions, including government wide
regulations codified at 37 CFR Part 401.
Subrecipient agrees that it shall hold in trust all real property, equipment
and intangible property acquired, developed or improved with Subaward
funds in accordance with the provisions set forth in 2 CFR §200.316.
K Procurement and Contracting Regulations
When procuring and /or contracting for property and /or services that are to
be paid or reimbursed by any amount of Subaward funds, Subrecipient
shall comply with all regulations applying to "non - Federal entities" as set
forth in 2 CFR § §200.318 through 200.326 (the "Procurement
Regulations "). These Procurement Regulations include, without limitation,
provisions requiring the following:
Documentation and use of procurement procedures in compliance
with Procurement Regulations.
2. Contracting oversight and maintenance of written standards of
conduct covering conflicts of interest.
3. Compliance with federal standards regarding procurement and
award of contracts, competition, and procurement methods.
UASI 15 Subaward Agreement 13
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4. Affirmative steps required to encourage contracting with small and
minority businesses, women's business enterprises, and labor
surplus area firms.
5. Compliance with Section 6002 of the Solid Waste Disposal Act in
the procurement of recovered materials.
6. Requirement to perform a cost or price analysis in connection with
procurements.
7. Bonding requirements.
8. Requirement to make procurement documentation available for
review by the City, CalOES and the Federal awarding agency.
In addition, Subrecipent must include in all of its contracts paid or
reimbursed in whole or in part with Subaward funds the provisions set
forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non -
Federal Entity Contracts under Federal Awards) as required by 2 CFR
§200.326.
Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non -
Federal entity as set forth in 2 CFR §200.328, which requires the
Subrecipient to oversee the operations of its activities supported by the
Grant and monitor such activities to assure compliance with applicable
Federal requirements and performance expectations are being achieved.
Further, Subrecipient shall comply with the financial and performance
reporting requirements for a non - Federal entity as set forth in 2 CFR
§ §200.327 to 200.329 and any other reporting requirements that may be
promulgated by the Federal awarding agency, CalOES or the City in
accordance with such regulations. Such reporting requirements include,
without limitation, the provision of any information required for the
assessment or evaluation of any activities funded by the Subaward and
the reporting of information related to real property in which the Federal
government retains an interest.
Subrecipient acknowledges that the City, as a "pass- through entity," may
make various findings, determinations, evaluations and reports regarding
Subrecipient and its use of Subaward funds, as set forth in 2 CFR
§ §200.330 to 200.332. In accordance with such regulations, Subrecipient
shall comply with, and timely grant to the City and its auditors, any
monitoring requests, requests for on -site access to facilities, equipment
and personnel, and requests for any other information as may be
authorized under such regulations. Subrecipient shall also timely grant to
the City and its auditors access to Subrecipient's records and financial
statements as required under 2 CFR §200.331(a)(5). In addition,
Subrecipient shall comply with any conditions that may be placed upon
Subrecipient as part of the City's risk evaluation of Subrecipient under 2
UASI 15 Subaward Agreement 14
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CFR §200.331(b).
Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage,
transmission, and collection requirements applicable to a non - Federal
entity as set forth in 2 CFR § §200.333 to 200.335. Such regulations
require, without limitation, that Subrecipient retain financial records,
supporting documents, statistical records, and all other records of
Subrecipient that are related and /or pertinent to Subrecipient's use of
Subaward funds in a manner and for a duration of time as prescribed in
such regulations and that Subrecipient collect, transmit and store
Subaward - related information in a manner as set forth in 2 CFR §200.335.
In accordance with the provisions set forth in 2 CFR §200.336,
Subrecipient hereby grants the Federal awarding agency, the Inspectors
General, the Comptroller General of the United States, CalOES, and the
City, or any of their authorized representatives, the right of access to any
documents, papers, or other records of Subrecipient which are pertinent to
the Subaward, in order to make audits, examinations, excerpts, and
transcripts. This right also includes timely and reasonable access to
Subrecipient's personnel for the purpose of interview and discussion
related to such documents. These access rights shall not be limited to
any required record retention period but last as long as the records are
retained, and access shall not otherwise be limited unless as specifically
permitted under 2 CFR § §200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors,
successors, transferees and assignees to acknowledge and agree to
comply with the provisions of this Section.
K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set
forth in 2 CFR Part 200 Subpart E ( "Cost Principles "). Subrecipient
acknowledges and agrees that any costs incurred by Subrecipient may
only be charged to or reimbursed by Subaward funds if it is incurred in
compliance with all Requirements for the Subaward and is also deemed
allowable and allocable under the Subaward in accordance with the
provisions set forth in the Cost Principles.
L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and
agrees that it is subject to the provisions set forth in 2 CFR Part 200
Subpart F ( "Audit Requirements "). Subrecipient shall comply with all
provisions applicable to a non - Federal entity and an "auditee" (as defined
in 2 CFR §200.6) as set forth in such Audit Requirements, including the
requirement to conduct a single audit if applicable.
UASI 15 Subaward Agreement 15
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M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non - Federal
entity as it pertains to the closeout of this Subaward as set forth in 2 CFR
§200.343. Subrecipient acknowledges and agrees that it shall continue to
comply with the post closeout obligations set forth in 2 CFR §200.344 after
closeout of the Subaward and expiration of the Term of this Agreement.
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1.1.1 '- M-M 1.7_1.4=161TAMES7M
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the City. No employee of Subrecipient is, or shall be, an employee
of the City by virtue of this Agreement, and 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 City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for
convenience and shall not be deemed to affect the meaning or construction of
any of the terms or provisions hereof. The language of this Agreement shall be
construed according to its fair meaning and not strictly for or against either party.
The word "Subrecipient" herein and in any amendments hereto includes the party
or parties identified in this Agreement. The singular shall include the plural. If
there is more than one Subrecipient as identified herein, unless expressly stated
otherwise, their obligations and liabilities hereunder shall be joint and several.
Use of the feminine, masculine, or neuter genders shall be deemed to include the
genders not used.
§3.3 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, the County and City of Los
Angeles, including but not limited to, laws regarding health and safety, labor and
employment, wage and hours and licensing laws which affect employees. This
Agreement shall be enforced and interpreted under the laws of the State of
California without regard to conflict of law principles. Subrecipient shall comply
with new, amended, or revised laws, regulations, and /or procedures that apply to
the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining parts, terms
or provisions of this Agreement shall not be affected thereby.
§3.4 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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§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§3.6 Breach
Except for excusable delays as described in §3.5 herein, 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.
§3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the
City:
A. Assign or otherwise alienate any of its rights hereunder, including the right
to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Sections 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees by law,
for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies
that it has adequate self insured retention of funds to meet any obligation arising
from this Agreement.
UASI 15 Subaward Agreement 18
73
§3.9
A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall
each assume the full liability imposed upon it, or any of its officers, agents
or employees, by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss,
costs, or expenses that may be imposed upon such other party by virtue
of Government Code section 895.2, which imposes joint civil liability upon
public entities solely by reason of such entities being parties to an
agreement, as defined by Government Code section 895.
C. In the event of third -party loss caused by negligence, wrongful act or
omission by both Parties, each party shall bear financial responsibility in
proportion to its percentage of fault as may be mutually agreed or judicially
determined. The provisions of Civil Code Section 2778 regarding
interpretation of indemnity agreements are hereby incorporated
Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and
vendors funded by Subaward funds as may be required to ensure that
Subrecipient can comply with all of the Requirements and other provisions of this
Agreement.
§3,10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to
comply with the terms and conditions of this Agreement or with any
Requirements referenced in Section 2.1 above, the Federal awarding agency,
CalOES or the City shall have the right to take one or more of the actions set
forth in 2 CFR §200.338. Such actions may include, without limitation, the
withholding of cash payments, suspension and /or termination of the Subaward,
and the disallowing of certain costs incurred under the Subaward. Any costs
incurred by Subrecipient during a suspension or after termination of the
Subaward shall not be considered allowable under the Subaward unless allowed
under 2 CFR §200.342. Subrecipient shall be liable to the Federal awarding
agency, CalOES and the City for any Subaward funds the Federal awarding
agency or CalOES determines that Subrecipient used in violation of any
Requirements reference in Section 2.1 above, and Subrecipient shall indemnify
and hold harmless the City for any sums the Federal awarding agency or
CalOES determines Subrecipient used in violation of such Requirements.
Subrecipient shall be granted the opportunity to object to and challenge the
taking of any remedial action by the Federal awarding agency, CalOES or the
City in accordance with the provisions set forth in 2 CFR §200.341.
§3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to
disburse to or reimburse Subrecipient in connection thereto, may be terminated
UASI 15 Subaward Agreement 19
74
in whole or in part by the Federal awarding agency, CaIOES or the City as set
forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the
Subaward only as set forth in 2 CFR §200.339. In the event the Subaward is
terminated, all obligations and requirements of this Agreement and the Grant
shall survive and continue in full force and effect in connection with any portion of
the Subaward remaining prior to such termination, including, without limitation,
the closeout and post closeout requirements set forth in this Agreement.
§3.12 Amendments
Any change in the terms of this Agreement, including the performance period of
the Subaward and any increase or decrease in the amount of the Subaward,
which are agreed to by the City and Subrecipient shall be incorporated into this
Agreement by a written amendment properly executed and signed by the person
authorized to bind the parties thereto.
§3.13 Complete 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 and 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. This Agreement is executed
in two (2) duplicate originals, each of which is deemed to be an original. This
Agreement includes twenty -one (21) pages and five (5) Exhibits which constitute
the entire understanding and agreement of the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 15 Subaward Agreement 20
75
IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward
Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND
LEGALITY:
MICHAEL N. FEUER, City Attorney
By
Deputy City Attorney
Date
ATTEST:
HOLLY L. WOLCOTT, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
By
City Attorney
Date
ATTEST:
By —
City Clerk
Date
For: THE CITY OF LOS ANGELES
ERIC GARCETTI, Mayor
By
Eric Garcetti, Mayor
Mayor's Office of Public Safety
Date
For: The City of El Segundo,
a municipal corporation
M
Date
[SEAL]
City Business License Number:
Internal Revenue Service ID Number:
Council File /OARS File Number: C.F. #15 -0734 Date of Approval 1/26/16
City Contract Number:
UASI 15 Subaward Agreement
21
76
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Fiscal Year 2015: DHS Standard Terms and Conditions
The FY 2015 DHS Standard Terms and Conditions apply to all new Federal financial
assistance awards funded after December 26, 2014. When continuation awards are
funded with FY2015 funds, the terms and conditions under which the original award was
administered will continue to apply.
I. Assurances Administrative Requirements and Cost Principles
Recipients of DHS federal financial assistance must complete OMB Standard
Form 424B Assurances — Non - Construction Programs. Certain assurances in
this document may not be applicable to your program, and the awarding agency
may require applicants to certify additional assurances. Please contact the
program awarding office if you have any questions.
The administrative, cost principles, and audit requirements that apply to DHS
award recipients originate from 2 C.F.R. Part 200, Uniform Administrative
Requirement, Cost Principles, and Audit Requirements for Federal Awards,
as adopted by DHS at 2 C.F.R. Part 3002.
II. Acknowledgement of Federal Funding from QH
All recipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other
documents describing projects or programs funded in whole or in part with
Federal funds.
Ill. Aglivities Conducted Abroad
All recipients must ensure that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities
and that appropriate licenses, permits, or approvals are obtained.
N. 69e Discrimination Act of 1975
All recipients must comply with the requirements of the Age Discrimination Act of
1975 (42 U.S.C. & 6101 et seg.), which prohibits discrimination on the basis of
age in any program or activity receiving Federal financial assistance.
V. Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, II, and III of the
Americans Wth Disabilities Act, which prohibits recipients from discriminating on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12101 - 12213).
VI. ftlLeractices for Collection and Usq of Personally Identifiable Information
M
All recipients who collect PH are required to have a publically- available privacy
policy that describes what P 1 they collect, how they use the PII, whether they
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share Pill with third parties, and how individuals may have their Pill corrected
where appropriate.
Award recipients may also find as a useful resource the DHS Privacy Impact
Assessments: Privac�i Guidance and I�rivacy tefnpla_te respectively.
VII. Title V1 of the Civil Rights Act of 1964
All recipients must comply with the requirements of Title VI of the Civil Rights Act
of 1964 (42 U.S.C. § 2000d et seg.), which provides that no person in the United
States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance. Implementing
regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VIII. Civil Rights Act of 1968
All recipients must comply with Title VIII of the Civil Rights Act of 1968, which
prohibits recipients from discriminating in the sale, rental, financing, and
advertising of dwellings, or in the provision of services in connection therewith,
on the basis of race, color, national origin, religion, disability, familial status, and
sex (42 U.S.C. §3601�et seep.), as implemented by the Department of Housing
and Urban Development at 24 C.F.R. Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or
more dwelling units —i.e., the public and common use areas and individual
apartment units (all units in buildings with elevators and ground -floor units in
buildings without elevators)--be designed and constructed with certain
accessible features (see 24 C.F.R. § 100.201).
IX. Coavriaht
All recipients must affix the applicable copyright notices of 17 U.S.C. 401 or
402 and an acknowledgement of Government sponsorship (including award
number) to any work first produced under Federal financial assistance awards,
unless the work includes any information that is otherwise controlled by the
Government (e.g., classified information or other information subject to national
security or export control laws or regulations).
X. Debarment and Suspension
All recipients must comply with Executive Orders 12549 and 12689, which
provide protection against waste, fraud and abuse by debarring or suspending
those persons deemed irresponsible in their dealings with the Federal
government.
XI. Drug -Free Workplace Regulations
All recipients must comply with the Drug -Free Workplace Act of 1988 41 U.S.C.
701 et seq.) which is adopted at 2 C.F.R Part 3001, which requires that all
organizations receiving grants from any Federal agency agree to maintain a
drug -free workplace. DHS has adopted the Acts implementing regulations at 2
C.F.R Part 3001.
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XII. Qut Uotion "Benefits
Any cost allocable to a particular Federal award provided for in 2 C.F.R. Part
200 Subpart E may not be charged to other Federal awards to overcome fund
deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or
terms and conditions of the Federal awards, or for other reasons. However, this
prohibition would not preclude the non - Federal entity from shifting costs that are
allowable under two or more Federal awards in accordance with existing Federal
statutes, regulations, or the terms and conditions of the Federal awards.
XIII. Et gay Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. 6201 which
contain policies relating to energy efficiency that are defined in the state energy
conservation plan issues in compliance with this Act.
XIV. Reporting Su6awards and Exerutive Co,maensatfnn
All recipients must report each action that obligates $25,000 or more in
Federal funds that does not include Recovery funds (as defined in section
1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L.
111 -5) for a subaward to an entity, unless provided in paragraph D as required by
2 CFR Part 170, "Reporting Subaward and Executive Compensation Information"
and the Federal Funding Accountability and Transparency Act
2006 (FFATA). Recipients must register at www.sam.gov and report the
information about each obligating action in accordance with the submission
instructions posted at www.fsrs.gov.
XV. False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. §3729 which set
forth that no recipient of federal payments shall submit a false claim for payment.
See also 38 U.S.C. § 3801 -3812 which details the administrative remedies for
false claims and statements made.
XVI. Federal Debt Status
All recipients are required to be non - delinquent in their repayment of any
Federal debt. Examples of relevant debt include delinquent payroll and other
taxes, audit disallowances, and benefit overpayments. See OMB CirCUlar A -129
and form SF42413, item number 17 for additional information and guidance.
XVIL Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air
carriers holding certificates under 49 U.S.C. � 41102) for international air
transportation of people and property to the extent that such service is available,
in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines
issued by the Comptroller General of the United States in the March 31, 1981,
amendment to Comptroller General Decision B- 138942.
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XVIII. dotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,
15 U.S.C. U225a, all recipients must ensure that all conference, meeting,
convention, or training space funded in whole or in part with Federal funds
complies with the fire prevention and control guidelines of the Federal Fire
Prevention and Control Act of 1974, as amended, 15 U.S.C. X2225.
XD(. Limited English Proficiency Civil Ri hts Act of 1984 Title VI
All recipients must comply with the Title VI of the Civil RightsAct of 1964 (Title
VI) prohibition against discrimination on the basis of national origin, which
requires that recipients of federal financial assistance take reasonable steps to
provide meaningful access to persons with limited English proficiency (LEP) to
their programs and services. Providing meaningful access for persons with LEP
may entail providing language assistance services, including oral interpretation
and written translation. In order to facilitate compliance with Title VI, recipients
are encouraged to consider the need for language services for LEP persons
served or encountered in developing program budgets. Executive Order 13166,
Improving Access to Services for Persons vuth Limited English Proficiency
(August 11, 2000), requires federal agencies to issue guidance to recipients,
assisting such organizations and entities in understanding their language access
obligations. DHS published the required recipient guidance in April 2011, DHS
Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English
Proficient Persons, 76 Fed. Reg. 21755- 21768, (April 18, 2011). The Guidance
provides helpful information such as how a recipient can determine the extent of
its obligation to provide language services; selecting language services; and
elements of an effective plan on language assistance for LEP persons. For
additional assistance and information regarding language access obligations,
please refer to the DHS Recipient Guidance https: / /www.dhs.goyt
guidance
-
pub lished- help - depa rime nt -s upported -o i cgani zatio ns- provide -mea ning ful- access-
people- limited and additional resources on http: / /www.lep.gov. !�
XX. Lobbying Prohibitions
All recipients must comply with 31 U.S.C. X1352, which provides that none of the
funds provided under an award may be expended by the recipient to pay any
person to influence, or attempt 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 any Federal action
concerning the award or renewal.
XXI. Non - supplanting Requirement
All recipients who receive awards made under programs that prohibit
supplanting by law must ensure that Federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through
non - Federal sources. Where federal statues for a particular program
prohibits supplanting, applicants or recipients may be required to
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demonstrate and document that a reduction in non - Federal resources
occurred for reasons other than the receipt of expected receipt of Federal
funds.
XXII. Patents and Intellectual Property _Ri hts
Unless otherwise provided by law, recipients are subject to the Bayh -Dole Act,
Pub. L. No. 96 -517, as amended, and codified in 35 U.S.C. 200 et seq. All
recipients are subject to the specific requirements governing the development,
reporting, and disposition of rights to inventions and patents resulting from
financial assistance awards are in 37 C.F.R. Part 401 and the standard patent
rights clause in 37 C.F.R. § 401.14.
XXIII. Procurement of Recovered Materials
All recipients must comply with section 6002 of the Solid Waste Disposal
Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part
247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity
acquired by the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
XXIV. Contract Provisions forNon-federal Entily Co nl[ggj§ Under Federal Awards
a. Con races for more than-the -sim life ied ac uisition -threshold set at $150.000.
All recipients who have contracts exceeding the acquisition threshold
currently set at $150,000, which is the inflation adjusted amount
determined by Civilian Agency Acquisition Council and the Defense
Acquisition Regulation Council as authorized by 41 U.S.C. §1908, must
address administrative, contractual, or legal remedies in instance where
contractors violate or breach contract terms and provide for such
sanctions and penalties as appropriate.
b. Contracts in excess of X10.0.00.
All recipients that have contracts exceeding $10,000 must address
termination for cause and for convenience by the non - Federal entity
including the manner by which it will be effected and the basis for
settlement.
XXV. SAFECOM
All recipients who receive awards made under programs that provide
emergency communication equipment and its related activities must comply
with the SAFECOM Guidance for Emergency Communication Grants,
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including provisions on technical standards that ensure and enhance
interoperable communications.
XXVI. Terrorist Financing E.O. 13224
All recipients must comply with U.S. Executive Order 13224 and U.S. law that
prohibit transactions with, and the provisions of resources and support to,
individuals and organizations associated with terrorism. it is the legal
responsibility of recipients to ensure compliance with the E.O. and laws.
XXVII. Title IX of the Education Amendments of 1972 (Eaual Opportunity in
Education Act)
All recipients must comply with the requirements of Title IX of the Education
Amendments of 1972 (20 U.S.C. § 1681 et s2g.), which provides that no person
in the United States will, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any educational
program or activity receiving Federal financial assistance. Implementing
regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19
XXVIII. Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government -wide award
term which implements Section 106(g) of the Trafficking Victims Protection Act
(TVPA) of 2000, as amended (22 U.S.C. �q 7104). This is implemented in
accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No.
218, November 13, 2007. Full text of the award term is located at 2 Gi =i ..
175.15.
XXIX. Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, which provides that no
otherwise qualified handicapped individual in the United States will, solely by
reason of the handicap, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance. These requirements pertain to the provision of
benefits or services as well as to employment.
XXX. universal Identifier and System of Award Management,
All recipients must maintain the currency of the information in the SAM until
submission of the final financial report required under the award or receive final
payment, whichever is later, as required by 2 C.F.R. Part 25.
XXXI. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175- -175c.
Among other things, the USA PATRIOT Act prescribes criminal penalties for
possession of any biological agent, toxin, or delivery system of a type or in a
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quantity that is not reasonably justified by a prophylactic, protective, bona fide
research, or other peaceful purpose.
XXXII, use of DHS Seal Logo and Flacts
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos,
crests or reproductions of flags or likenesses of DHS agency officials, including
use of the United States Coast Guard seal, logo, crests or reproductions of flags
or likenesses of Coast Guard officials.
XXXIII. Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower
protections (if applicable) at 10 U.S.0 2409, 41 U.S.C. 4712, and 10 U.S.C..§
2324, 41 U.S.C. §§ 4:304 and 4310.
XXXN. DHS Specific Acknowledgements and Assurances
All recipients must acknowledge and agree —and require any sub - recipients,
contractors, successors, transferees, and assignees acknowledge and
agree —to comply with applicable provisions governing DHS access to
records, accounts, documents, information, facilities, and staff.
1. Recipients must cooperate with any compliance review or complaint
investigation conducted by DHS.
2. Recipients must give DHS access to and the right to examine and copy
records, accounts, and other documents and sources of information related to
the grant and permit access to facilities, personnel, and other individuals and
information as may be necessary, as required by DHS regulations and other
applicable laws or program guidance.
3. Recipients must submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
4. Recipients must comply with all other special reporting, data
collection, and evaluation requirements, as prescribed by law or
detailed in program guidance.
5. If, during the past three years, the recipient has been accused of
discrimination on the grounds of race, color, national origin (including limited
English proficiency), sex, age, disability, religion, or familial status, the
recipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to the DHS awarding
office and the DHS Office of Civil Rights and Civil Liberties.
6. In the event any court or administrative agency makes a finding of
discrimination on grounds of race, color, national origin (including limited English
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proficiency), sex, age, disability, religion, or familial status against the recipient,
or the recipient settles a case or matter alleging such discrimination, recipients
must forward a copy of the complaint and findings to the DHS Component
and /or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
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NR
Cal +ICES
OOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For All Cal OES Federal Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the
legal authority to apply for Federal assistance and the institutional, managerial and financial capability
(including funds sufficient to pay any non - Federal share of project cost) to ensure proper planning,
management and completion of the project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for federal
grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in
updates issued by the Office of Management and Budget (OMB) on http: / /www.whitehouse.gov /omb /.
Significant state and federal grant award requirements (some of which appear In the documents
listed above) are called out below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board or authorized
body in support of this project. This written authorization must specify that the Applicant and the city
council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash match will be
appropriated as required.
(b) That any liability arising out of the performance of this agreement shall be the responsibility
of the Applicant and the city council, governing board or authorized body.
(c) That grant funds shall not be used to supplant expenditures controlled by the city council,
governing board or authorized body.
(d) That the official executing this agreement is, in fact, authorized to do so.
Homeland Security Grant Program - 2015 Grant Assurances
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Initials
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This Proof of Authority must be maintained on file and readily available upon demand.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of
performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a
contract, grant, loan or cooperative agreement from an agency or requests or receives from an
agency a commitment providing for the United States to insure or guarantee a loan, the Applicant
certifies 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying ", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. § §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.
Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation or policy without the express
written approval from the California Governor's Office of Emergency Services (Cal OES) or the
Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2
CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste,
fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings
with the Federal government. The Applicant certifies that it and its principals:
Homeland Security Grant Program - 2015 Grant Assurances
Page 2 of 10
Initials
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) 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;
(c) 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 (2)(b) of this certification; and
(d) Have not within a three -year period preceding this application had one or more public
transaction (Federal, State, or local) terminated for cause or default.
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.
5. Non - Discrimination and Equal Employment Opportunity
The Applicant will comply with all Federal statutes relating to non - discrimination. These include, but
are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88 -352 and 42 U.S.C. §2000d et.
seq.) which prohibits discrimination on the basis of race, color or national origin and requires
that recipients of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and
1685 - 1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42
U.S.C. 12101, et seq.);
(e) Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits
discrimination on the basis of age;
(f) Drug Abuse Office and Treatment Act of 1972) (P.L. 92 -255), as amended (P.L. 96 -181),
relating to nondiscrimination on the basis of Treatment or recovery from drug abuse;
(g) 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;
(h) Sections 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;
(i) 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;
Homeland Security Grant Program - 2015 Grant Assurances
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(j) EO 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over $10,000 in Government business in one year
from discriminating in employment decisions on the basis of race, color, religion, sex, or
national origin;
(k) EO 11375, which bans discrimination on the basis of sex in hiring and employment in both
the United States federal workforce and on the part of government contractors;
(1) California Public Contract Code §10295.3, which addresses discrimination based on
domestic partnerships;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may apply to the
application.
In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair
Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in
employment because of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical
condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave
(California Government Code sections 12940, 12945, 12945.2) and/or retaliation for protesting
illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant
certifies that it will or will continue to provide a drug -free workplace and a drug -free awareness
program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with State and Federal environmental standards which may be prescribed
pursuant to the following, as applicable;
(a) California Environmental Quality Act (CEQA) (California Public Resources Code § §21000-
21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § §15000-
15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes the basic
structure for regulating discharges of pollutants into the waters of the United States and
regulating quality standards for surface waters.
(d) Institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91 -190) and Executive Orders (EO) on the Environmental Justice
Act (EO 12898) and Environmental Quality (EO 11514);
(e) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO
11738;
(f) Protection of wetlands pursuant to EO 11990;
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(g) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(h) 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.);
(i) 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.);
Q) Protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93 -523);
(k) Protection of endangered species under the Endangered Species Act of 1973, as amended
(P.L. 93 -205);
(1) 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.
Finally, the Applicant shall not be: 1) in violation of any order or resolution promulgated by the
State Air Resources Board or an air pollution district; 2) subject to a cease and desist order
pursuant to §13301 of the California Water Code for violation of waste discharge requirements or
discharge prohibitions; or 3) finally determined to be in violation of federal law relating to air or water
pollution.
8. Audits
For subrecipients expending $750,000 or more in Federal grant funds annually, the Applicant will
cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F
Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller
General of the United States and, if appropriate, the State, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the award.
The Applicant will require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant 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.
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or
subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability
and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of
Homeland Security Grant Program - 2015 Grant Assurances
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subawards obligating $25,000 or more in federal funds and (b) executive compensation data for
first -tier subawards. This includes the provisions of FFATA, which includes requirements on
executive compensation, and also requirements implementing the Act for the non - Federal entity at
2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration
and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.
The Applicant also must comply with statutory requirements for whistleblower protections at 10
U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C.
§6101 et seq.
13. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Traffickinq Victims
Protection -Act, TVPA of 2000, as amended (22 U.S.C. §7104) which prohibits grant award
recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the
period of time that the award is in effect (2) Procuring a commercial sex act during the period of
time that the award is in effect or (3) Using forced labor in the performance of the award or
subawards under the award.
14. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), as
applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874) and the Contract
Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for
federally- assisted construction contracts or subcontracts.
(b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non - profit organizations.
15. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured against
liability for Worker's Compensation before commencing performance of the work of this Agreement,
as per California Labor Code §3700.
16. Property - Related
If applicable to the type of project funded by this Federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Actluisition 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 purchase.
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93 -234) which requires subrecipients in a special flood hazard
Homeland Security Grant Program - 2015 Grant Assurances
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area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §469a -1 et seq.).
(d) Comply with the Lead -Based Paint Poisoning, Prevention Act (42 U.S.C. §4831 and 24 CFR
Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of
residence structures.
17. Certifications Applicable Only to Federally- Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other
interest in the site and facilities without permission and instructions from the awarding
agency. Will record the Federal awarding agency directives and will include a covenant in
the title of real property acquired in whole or in part with Federal assistance funds to assure
nondiscrimination during the useful life of the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the complete work conforms with the approved plans and specifications
and will furnish progressive reports and such other information as may be required by the
assistance awarding agency or State.
18. Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities which is
under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The
Applicant should also consult its own State and local laws and regulations regarding the release of
information, which should be considered when reporting sensitive matters in the grant application,
needs assessment and strategic planning process.
19. California Public Records Act
The Applicant acknowledges that all information submitted in the course of applying for funding
under this program or provided in the course of an entity's grant management activities may be
subject to the California Public Records Act (California Government Code § §6250- 6276.48), which
requires inspection and /or disclosure of governmental records to the public upon request, unless
exempted by law.
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HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES !
CERTIFICATIONS
20. Personally Identifiable Information
Subrecipients collecting Personally Identifiable Information (PII) must have a pubiically- available
policy that describes what PII they collect, how they plan to use the PII, whether they share PII with
third parties, and how individuals may have their PI corrected where appropriate.
21. Disposition of Equipment
When original or replacement equipment acquired under this award is no longer needed for the
original project or program or for other activities currently or previously supported by the
Department of Homeland Security /Federal Emergency Management Agency, subrecipients must
request instructions from Cal OES on proper disposition of equipment.
22. Reporting Accusations and Findings of Discrimination
If, during the past three years, the subrecipient has been accused of discrimination on the grounds
of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or
familial status, the subrecipient must provide a list of all such proceedings, pending or completed,
including outcome and copies of settlement agreements to Cal OES for reporting to the DHS
awarding office and the DHS Office of Civil Rights and Civil Liberties.
If any court or administrative agency makes a finding of discrimination on grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion or familial status
against the subrecipient, or the subrecipient settles a case or matter alleging such discrimination,
subrecipients must forward a copy of the complaint and findings to Cal OES for forwarding to the
DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags
All subrecipients must acknowledge their use of federal funding when issuing statements, press
releases, requests for proposal, bid invitations, and other documents describing projects or
programs funded in whole or in part with federal funds.
All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or
reproductions of DHS agency officials, including use of the United States Coast Guard seal, logo,
crests or reproductions of flags or likenesses of Coast Guard officials.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C. § §401 or 402 and an
acknowledgement of Government sponsorship (including award number) to any work first produced
under Federal financial assistance awards, unless the work includes any information that is
otherwise controlled by the Government (e.g., classified information or other information subject to
national security or export control laws or regulations).
Homeland Security Grant Program - 2015 Grant Assurances
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25. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain policies
relating to energy efficiency that are defined in the state energy conservation plan issues in
compliance with this Act.
26. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space funded in
whole or in part with Federal funds complies with Section 6 of the fire prevention and control
guidelines of the f=ederal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a.
27. Terrorist Financing E.O. 13224
All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and organizations
associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the
E.O. and laws.
28. USA Patriot Act of 2001
All subrecipients must comply with the requirements of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act),
which amends 18 U.S.C. § §175 -175c.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all
federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees
that state financial assistance will be extended based on the representations made in this assurance.
This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to
comply with any of the above assurances may result in suspension, termination, or reduction of grant
funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and
available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may
result in suspension of payments under the grant or termination of the grant or both and the
subrecipfent may be ineligible for award of any future grants if the Cal OES determines that any of the
following has occurred: (1) the recipient has made false certification, or (2) violates the certification by
failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all
subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts.
Homeland Security Grant Program - 2015 Grant Assurances
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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 Applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Homeland Security Grant Program - 2015 Grant Assurances
Date:
Page 10 of 10
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CITY OF LOS ANGELES
URBAN AREAS SECURITY INITIATIVE GRANT
Reimbursement Request Form
Return_ Reimbursement Requests to.,
Grant Specialist
Mayor's Office of Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
UASI FY 13 ❑
Project Letter:
UASI FY 14 ❑
Master Item #:
UASI FY 15 ❑
Sub -Line #:
Jurisdiction:
Agency /Department:
Expenditure Period:
Prepared By:
E -Mail Address:
Phone:
REIMBURSEMENT SUMMARY
DIRECTIONS: Please submit one Reimbursement Request Form for each UASI grant year, fiscal year, and type of
expenditure. Follow the Reimbursement Request Checklist to compile supporting documentation, and then complete the Typed
Resource Report and the associated Roster(s). Please remember that if the reimbursement includes personnel or
consultant fees, those rosters will also need to be completed.
Type of Expenditure
Authorized
Previously
Current
Cumulative
Balance
Total Amount
Requested
Request
Request
Total
$ -
$
$ -
$
$
Please mark this box to indicate final request for reimbursement ❑
This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws,
rules, regulations, and grant conditions and assurances. In addition, this claim is for costs incurred within the Grant
Performance Period. Also, all supporting documentation related to these expenditures will be retained in accordance with
grant guidelines.
Authorized Department Approval:
Print Name
Title
Signature Date
E -Mail Phone
Invoice Tracking
Fiscal Year:
Cash Request:
Invoice #:
Document ID:
Please Remit Payment To:
Agency
Address (Line 1)
Address (Line 2 - Optional)
City State Zip
Mavor's Office Use Only
UASI Reimbursement Request Form1 Paprlil 2015
LA /LB UASI
REQUIRED SUPPORTING DOCUMENTATION FOR
EQUIPMENT CLAIM REIMBURSEMENT
IMPORTANT *" In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the
supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required
supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your
claim with the required supporting documents could result in expenses not reimbursed and /or funds reallocated.
Please contact Vour Grant SpeclaHst with any questions about required supporting documentation
PROCUREMENT
❑ Competitive /Formal Procurement: Submit copies of procurement documents, as applicable, including Council approval, RFP, bids
or bid recap /summary, and contract.
❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply with
your Jurisdiction's policies.
❑ Sole Source Purchase:
❑ State Sole Source (over $100,000): Provide a copy of the State approval. There are NO retroactive approvals.
❑ Jurisdiction Sole Source (under $100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval.
EQUIPMENT CLAIMS MUST INCLUDE THE FOLLOWING:
❑ Purchase Order
❑ Invoice: Must be stamped "PAID," signed with authorized signature for payment, and dated
❑ Proof of Delivery: Packing slips should be included. If packing slips were not part of the equipment delivery (e.g licenses), the P.O.
needs to be stamped "RECEIVED" with the date received, and signature.
❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the
invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check, the invoices must be
listed with corresponding amounts.
❑ Print Screen of Federal Debarment Listing: Review the Federal Debarment Listing and provide a screen shot showing that the
listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https: / /www.sam.gov /portal /public /SAM/
❑ Grant - Funded Typed Resource Report 'Typed Resource Report' needs to be completed, typically by the project's SME.
❑ Equipment Roster: Complete the attached 'Equipment Roster.' Submit electronically to your Grant Specialist and to
HSPS.Compliance @lacity.org
❑ State Approvals: EHP Approval, Watercraft Approval, Aircraft Approval, EOC Approval, as applicable. All requests must obtain
State approval PRIOR to purchase. There are NO exceptions or retroactive approvals.
❑ Performance Bond: All equipment items over $250,000 or any vehicle, aircraft or watercraft MUST obtain a performance bond. A
copy of the performance bond must be submitted to your Grant Specialist as soon as it is obtained, with an additional copy provided
with the Reimbursement Request Form.
Completed By: Signature:
Date:
UA51 Reimbursement Request Form - M 2015
103
LA /LB UASI
REQUIRED SUPPORTING DOCUMENTATION FOR
TRAINING CLAIM REIMBURSEMENT
IMPORTANT — In addition to the completed. signed and dated Reimbursement Request Form, you must submit this Checklist with the
supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required
supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your
claim with the required supporting documents could result in expenses not reimbursed and /or funds reallocated.
your a Ii twih any a uestions reauired 5y. Poortiria a i
PROCUREMENT
❑ Competitive /Formal Procurement: Submit copies of procurement documents, as applicable, including Council approval, RFP, bids
or bid recap /summary, and contract.
❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply
with your Jurisdiction's policies.
❑ Sole Source Purchase:
❑ State Sole Source (over $100,000): Provide a copy of the State approval. There are NO retroactive approvals.
❑ Jurisdiction Sole Source (under $100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval.
TRAINING PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING:
❑ Purchase Order Or Service Contract
❑ Invoice: Must be stamped "PAID," signed with authorized signature for payment, and dated.
❑ Proof of Delivery: Submit copies of the Agenda AND submit Class Roster /Sign -in Sheets or Certificate of Completion with training
date.
❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the
invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check, the invoices must be
listed with corresponding amounts.
❑ Print Screen of Federal Debarment Listincr: Review the Federal Debarment Listing and provide a screen shot showing that the
listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https: / /www.sam.gov /portal /public/SAMI
❑ Grant- Funded Typed Resource Report: 'Typed Resource Report' needs to be completed, typically by the project's SME.
❑ Consultant Roster: Complete the attached 'Consultant Roster.'
❑ State Approvais: Copy of ODP Approved Tracking Number is required. Copy of EHP Approval, as applicable. All requests must
obtain State approval PRIOR to commencement of training There are NO exceptions or retroactive approvals.
❑ Total No. of Grant - Funded Trainees: Total No. of Grant- Funded Instructors:
TRAINING PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING:
❑ Summary Sheet: Indicate employee(s), amount per employee(s), and total being claimed. This amount should tie the official
payroll register to the total amount being claimed on the Reimbursement Request Form.
❑ Official Payroll Register: Indicate employee name you are seeking reimbursement for, salary, hourly rate, employee benefits, and
overtime rate if applicable. If seeking reimbursement for Employee Benefits, include documentation verifying EB rates.
❑ Timecards: Indicate the # of hours charged per day, and include employee signature & supervisor signature. If claiming for Backfill,
timecard needs to include the name of the person the employee was backfilling for /person who attended the training.
❑ Class RosterlSign -in Sheets or Certificate of Completion with Training Date: If claiming for Backfill the Class Roster /Sign -in
Sheet or Certificate of Completion should be for the person who attended the training.
❑ Grant- Funded Typed Resource Report: 'Typed Resource Report' needs to be completed, typically by the project's SME.
❑ State Approvais: Copy of ODP Approved Tracking Number is required. Copy of EHP Approval, as applicable. International
trainings require State approval. All requests must obtain State approval PRIOR to commencement of training. There are NO
exceptions or retroactive approvals.
❑ Travel (if applicable): Itemized receipts and proof of payment are required for airfare, lodging, meals and /or training /conference
fees. Jurisdictions must follow their own travel policies and submit a copy of that travel policy. If no local policy exists, please see
www.gsa.gov for approved per diem rates.
❑ Total No. of Grant - Funded Trainees: Total No. of Grant - Funded Instructors:
Completed By Signature:
Date:
UASI Reimbursement Request Form -QA 2015
LA /LB UASI
REQUIRED SUPPORTING DOCUMENTATION FOR
EXERCISE CLAIM REIMBURSEMENT
IMPORTANT" In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the
supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required
supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your
claim with the required supporting documents could result in expenses not reimbursed and /or funds reallocated.
Please contact your Grant Specialist with any auestions about reauired supporting docurnentation,
PROCUREMENT
❑ Competitive/Formai Procurement: Submit copies of procurement documents, as applicable, including Council approval, RFP, bids
or bid recap /summary, and contract.
❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply
with your Jurisdiction's policies.
❑ Sole Source Purchase:
❑ State Sole Source (over $100,000): Provide a copy of the State approval. There are NO retroactive approvals.
❑ Jurisdiction Sole Source (under $100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval.
EXERCISE PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING:
❑ Purchase Order or Service Contract
❑ Invoice: Must be stamped "PAID," signed with authorized signature for payment, and dated.
❑ Proof of Delivery: Submit copies of Sign -in Sheets AND submit After Action Report into HSEEP portal within 60 days of event.
Submit proof that the report was submitted, including date of submission.
❑ Proof of Payment; Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the
invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check, the invoices must be
listed with corresponding amounts.
❑ Print Screen of Federal Debarment Listing: Review the Federal Debarment Listing and provide a screen shot showing that the
listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https: / /www.sam.gov /portal /public/SAM)
❑ Consultant Raster: Complete the attached 'Consultant Roster'
❑ State Approvals: Copy of EHP Approval, as applicable. Please note that ANY exercise with an outside component, MUST get
EHP approval. All requests must obtain State approval PRIOR to date of exercise. There are NO exceptions or retroactive
❑ Exercise Date: Number of Exercise Participants:
EXERCISE PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING:
❑ Summary Sheet: Indicate employee(s), amount per employee(s), and total being claimed. This amount should tie the official
payroll register to the total amount being claimed on the Reimbursement Request Form.
❑ Official Payroll Register: Indicate employee name you are seeking reimbursement for, salary, hourly rate, employee benefits, and
overtime rate if applicable. If seeking reimbursement for Employee Benefits, include documentation verifying EB rates.
❑ Timecards: Indicate the # of hours charged per day, and include employee signature & supervisor signature. If claiming for Backfill,
timecard needs to include the name of the person the employee was backfilling for /person who attended the exercise.
❑
Sign-in- Sheets or Certificate of Completion with Exercise Date: If claiming for Backfill, the Sign -in Sheet or Certificate of
Completion should be for the person who attended the exercise.
❑ State Approvals: Copy of EHP Approval, as applicable. Please note that ANY exercise with an outside component, MUST get
EHP approval. All requests must obtain State approval PRIOR to date of exercise. NO exceptions or retroactive approvals.
❑ Travel (if applicable Itemized receipts and proof of payment are required for airfare, lodging, meals and /or exercise fees.
Jurisdictions must follow their own travel policies and submit a copy of that travel policy. If no local policy exists, please see
www.gsa.gov for approved per diem rates.
❑ After Action Report: Submit After Action Report into HSEEP portal within 60 days of event. Submit proof that the report was
submitted, including date of submission.
❑ Exercise Date: Number of Exercise Participants:
Completed By: Signature: Date:
UASI Reimbursement Request Form - April, 2015
LA /LB UASI
REQUIRED SUPPORTING DOCUMENTATION FOR
PLANNING CLAIM REIMBURSEMENT
IMPORTANT"* In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with thf
supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the requires
supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit you
claim with the required supporting documents could result in expenses not reimbursed and /or funds reallocated.
Please contact your Grant Specialist with anyquestions about-mclulred sup nrtin documentation
PROCUREMENT
❑ Competitive /Formal Procurement: Submit copies of procurement documents, as applicable, including Council approval, RFP, bids
or bid recap /summary, and contract.
❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply with
your Jurisdiction's policies.
❑ Sole Source Purchase:
❑ State Sole Source (over $100,000): Provide a copy of the State approval. There are NO retroactive approvals.
❑ Jurisdiction Sole Source (under $100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval.
PLANNING PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING:
❑ Purchase Order or Service Contract
❑ Invoice: Must be stamped "PAID," signed with authorized signature for payment, and dated.
❑ Proof of Delivery, Submit a copy /copies of the deliverables as outlined in the Purchase Order or Service Contract.
❑ Proof of Payment: Include proof of payment and proof the payment has CLEARED. Proof of payment must have reference to the
invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check, the invoices must be
listed with corresponding amounts.
❑ Print Screen of Federal Debarment Listing: Review the Federal Debarment Listing and provide a screen shot showing that the
listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https: / /www.sam.gov /portal /public /SAM/
q Consultant Roster: Complete the attached 'Consultant Roster.'
PLANNING PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING:
11 Summary Sheet: Indicate employee(s), amount per employee(s), and total being claimed. This amount should tie the official payroll
register to the total amount being claimed on the Reimbursement Request Form.
Official Payroll Register: Indicate employee name you are seeking reimbursement for, salary, hourly rate, employee benefits, and
overtime rate if applicable. If seeking reimbursement for Employee Benefits, include documentation verifying EB rates.
j— Timecards: Indicate the # of hours charged per day, and include employee signature & supervisor signature. If claiming for Backfill.
timecard needs to include the name of the person the employee was backfilling for
L.1 Personnel Rester: Complete the attached 'Personnel Roster.'
❑ Final Product: Submit a copy /copies of the Final Product as outlined in the workbook OR submit intermittent deliverables as
discussed with your Grant Specialist.
leted By: Signature: Date:
UASI Reimbursement Request Form Ar) 2015
LA /LB UASI
REQUIRED SUPPORTING DOCUMENTATION FOR
ORGANIZATION CLAIM REIMBURSEMENT
IMPORTANT— In addition to the completed, signed and dated Reimbursement Request Form, you must submit this Checklist with the
supporting documents. Reimbursement requests must be submitted as soon as expenses are incurred and paid, and the required
supporting documents are available. Do NOT accumulate all claims and invoices to submit on the final due date. Failure to submit your
claim with the required supporting documents could result in expenses not reimbursed and /or funds reallocated.
Please contact your Grant Special Ist with anV questions about required supporting documentation
PROCUREMENT
❑ Competitive /Formal Procurement: Submit copies of procurement documents, as applicable, including Council approval, RFP, bids
or bid recap /summary, and contract.
❑ Informal Procurement: Provide copies of informal procurement documents, as applicable. Informal procurements must comply with
your Jurisdiction's policies.
❑ Sole Source Purchase:
❑ State Sole Source (over $100,000): Provide a copy of the State approval. There are NO retroactive approvals.
❑ Jurisdiction Sole Source (under $100,000): Provide a copy of your Jurisdiction's Sole Source documentation and approval.
ORGANIZATION PROJECTS INVOLVING A VENDOR MUST INCLUDE THE FOLLOWING:
❑ Purchase Order or Service Contract
❑ Invoice: Must be stamped "PAID," signed with authorized signature for payment, and dated.
Lj Proof of Delivery: Submit a copy /copies of the deliverables as outlined in the Purchase Order or Service Contract.
Li Proof of Payment: Include proof of payment and proof the payment has CLEARED Proof of payment must have reference to the
invoice, and amount paid must match the invoice amount. If multiple invoices are being paid with one check, the invoices must be
listed with corresponding amounts.
Li Print Screen of Federal Debarment Listing: Review the Federal Debarment Listing and provide a screen shot showing that the
listing was queried PRIOR to purchase. Federal Debarment Listings can be found at https: / /www.sam.gov /portal /public /SAM/
❑ Consultant Roster: Complete the attached 'Consultant Roster.'
ORGANIZATION PROJECTS FOR PERSONNEL TIME MUST INCLUDE THE FOLLOWING:
❑ Summary Sheet: Indicate employee(s), amount per employee(s), and total being claimed. This amount should tie the official payroll
❑ Official Payroll Register: Indicate employee name you are seeking reimbursement for, salary, hourly rate, employee benefits, and
❑ Timecards: Indicate the # of hours charged per day, and include employee signature & supervisor signature. If claiming for Backfill,
❑ Personnel Roster: Complete the attached 'Personnel Roster.'
❑ Federal Request. If requesting reimbursement for Overtime, include a copy of the Federal Request for Overtime. This applies
Completed By: Signature:
UASI Reimbursement Request Form - ADrj1. 2015
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EXHIBIT D
111
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
AVIATION EQUIPMENT REQUEST FORM
Homeland Security Grant Program FY: Grant Number: Cal OES ID #:
Urban Area Security Initiative (UASI) FY
Project Amount: UASI: $
City /County /Agency Name:
Grant Number:
SHSGP: $
Indicate the type of equipment for this request
Cal OES ID #:
Aviation Equipment Aviation Related Equipment
2. Provide a description of the area that will be served by the requested equipment.
Please justify the need for the aviation equipment and how the requested platform best meets
that need as compared to other options. Include the cost, discipline, and funding source.
4. Please certify on signed letterhead that an existing aviation unit is operating and will continue
to operate independent of the requested funding. Describe the active, operating aviation unit
and certify that no expenses will be charged against the grant award for the general
operational costs of such aviation unit.
Identify the applicable goals and objectives in the State/Urban Area Homeland Security
Strategy that the requested aviation equipment addresses.
6. Explain how the requested aviation equipment fits into the State/Urban Area's integrated
operational plans.
7. Explain how this aviation equipment will support activities specifically related to terrorism
incident prevention and response efforts.
Cal OES Form AVI Rev 08 -01 -13
112
Cal OES Aviation Request Form
Page Two
Please describe how this aviation equipment will be used operationally and which response
assets will be deployed using the requested aircraft.
Please describe how this aviation equipment will be utilized on a regular, non - emergency
basis.
10. Please certify licensing, registration fees, insurance, and all ongoing operational expenses are
(a) the responsibility of the grantee or the local units of government and (b) are not allowable
under this grant.
Cal OES Form AVI
Rev 08 -01 -13
113
California Governor's Office of Emergency Services
WATERCRAFT REQUEST
Subgrantee Name:
Homeland Security Grant Program FY.
Urban Area Security Initiative (UASI) FY
Other Program FY,
Project Amount: UASI $
Grant Number Cal OES ID#
Grant Number Cal OES ID#
Grant Number Cal OES ID#
SHSP $
Indicate the type of equipment for this request (choose only one of the following).
Watercraft Watercraft- Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
Equipment & Description Cost AEL number
3. Please justify the need for the watercraft and how the requested platform best meets
that need as compared to other options. Include the cost, discipline, and funding source,
4. Please describe the active, operating waterway patrol unit and certify on signed
letterhead that no expenses will be charged against the grant award for the operation of
such unit.
Please identify the applicable goals and objectives in your State /Urban Area Homeland
Security Strategy that the requested watercraft addresses, and the waterway identified
as critical asset requiring state and /or local prevention and response capabilities.
Please explain how the requested watercraft fits into the State/Urban Area's integrated
operational plans and vulnerability assessment.
Cal OES WRF Revised 07/11/13
114
California Governor's Office of Emergency Services
WATERCRAFT REQUEST
7. Please describe how this watercraft will be used operationally and which response
assets will be deployed using the requested watercraft.
8. Please describe how this watercraft will be utilized on a regular, non - emergency basis.
9. Please describe what types of terrorism incident response and prevention equipment
with which the requested watercraft will be outfitted. Include any specialized
navigational, communications, safety, and operational equipment necessary to enable
such watercraft to support the homeland security mission. Please certify on signed
letterhead that licensing, registration fees, insurance, and all ongoing operational
expenses are the responsibility of the grantee or the local units of government and are
not allowable under this grant.
10. Attach letters of endorsement, if applicable.
Submitted by: Date:
(Name) (Signature)
Cal OES WRF Revised 07/11/13
115
California Governor's Office of Emer eenn a Sei -vices
ESTABLISH/ENHANCE EMERGENCY OPERATIONS CENTER (EQQ REQUEST
Subgrantee Name:
Homeland Security Grant Program FY
Urban Area Security Initiative (UASI) FY
Other Program FY
Grant Number
Cal OES ID #.
Grant Number
Cal OES ID #,
Grant Number
Cal OES ID#
1. What type of EOC does your organization plan to establish/enhance? (Choose one of the
following)
Primary EOC
2. Physical address of facility:
Alternate /Back -up /Duplicate EOC
1 Describe how the establishment /enhancement of an EOC improves your organization's
ability to prevent, plan for, respond to, and recover from a terrorism event (on a separate
attachment).
4.
5
Identify all other sources and uses of additional funds assisting the project in any way.
Identify anticipated homeland security grant costs to establish/enhance your
organization's EOC in the table below.
Supplies/Equipment AEL # Cost
Computers
Network Servers
Printers
Computer accessories i.e. sure protectors, battery backups, etc.
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Fax machines
Lighting Systems
LCD projectors
Projection/plasma/flat screens /monitors /televisions
GIS plotter and software
Telephone s stems
Software development
Commercial off -the -shelf (COTS) software
Installation of EOC items
Miscellaneous connections for EOC items
Standardizedmapping software
Cal OES EOCRF Revised 08/1/13
116
Standardized emergency management software
Installation of EOC items
Miscellaneous connections for EOC items
Leasing Costs (Indicate starting and ending dates of lease and
explain the circumstances under which the moving or leasing costs
will be incurred.)
Other (must provide list/description of 'other" items and costs)
TOTAL - EOC Supplies and Equipment
7. Explanation of "other" items:
8. Has your organization determined the costs are reasonable?
Submitted by:
(Name) (Signature)
Date:
117
Grant Programs Directorate
Homeland
�:U0Securit
aaai, ` Y
OMB Control #: 1660 -0115
Expiration Date: 10/31/2013
FEMA Form: 024 -0 -1
DEPARTMENT OF HOMELAND SECURITY
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
ENVIRONMENTAL AND HISTORIC PRESERVATION SCREENING FORM
Directions for completing this form: This form is designed to initiate and facilitate the environmental
and historic preservation (EHP) compliance review for your FEMA preparedness grant- funded project(s).
FEMA conducts its EHP compliance reviews in accordance with National Environmental Policy Act
(NEPA) and other EHP - related laws and executive orders. In order to initiate EHP review of your
project, you must complete all relevant sections of this form and submit it to the Grant Programs
Directorate (GPD) along with all other pertinent project information. Failure to provide requisite
information could result in delays in the release of grant funds. Be advised that completion of this form
does not complete the EHP review process. You will be notified by FEMA when your review is
complete and /or if FEMA needs additional information.
There is no need to complete and submit this form if the grant scope is limited to planning, management
and administration, classroom -based training, tabletop exercises andfunctional exercises, or purchase of
mobile and portable equipment where no installation is needed. Information Bulletin 345, Grant
Programs Directorate Programmatic Environmental Assessment, September 1, 2010, provides details
on these activities.
This form should be completed electronically. The document is available in both Word and Adobe
Acrobat (pdf) formats at this website:
(http :// www. felna.t` ov/ libra i• v/ viewRecord. do? froiiiSezrcli= ll•)iiisc:ai-cli&id= 4802. The following website
has additional guidance and instructions on the EHP review process and the information required for the
EHP review: littpJ/ www. fenia. gov /p[an /eli /elipreview /index.shtm
Submit completed form through your grant administrator who will forward it to GPDElihlnfo ct3.dhs,gov.
Please use the subject line: EHP Submission: Project Title, location, Grant Award Number (Example,
EHP Submission: Courthouse Camera Installation, Any Town, State, 12345, 2011- SS- Oxzxx).
Paperwork Burden Disclosure Notice
Public reporting burden for this form is estimated to average 8 hours per response. The burden estimate includes the lime for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and submitting the form. You are not required to
respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden
estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal
Emergency Management Agency, 500 C Street, Washington, DC, 20472, Paperwork Reduction Project (1660 - 0115).
118
Environmental and Historic Preservation Screening Form — June 2012
SECTION A. PROJECT INFORMATION
DHS Grant Award Number:......
Grant Program: ..........................
Grantee ......... ...............................
Grantee POC :......................
Mailing address: ..................
E-mail: ..................................
Sub grantee: ...............
Subgrantee POC :.................
Mailing address: ..................
E-mail: ..................................
Estimated cost of project:..........
Project title:
Project location (physical address or latitude - longitude):
Project Description. Provide a complete project description. The project description should contain a summary
of what specific action is proposed, where it is proposed, how it will be implemented. Include a brief description of
the objectives the project is designed to accomplish (the purpose), and the reason the project is needed. Use
additional pages if necessary. If multiple sites are involved, provide the summary for each site:
SECTION B. PROJECT TYPE
Based on the proposed project activities, determine which project type applies below and complete the
corresponding sections that follow. For multi- component projects or those that may fit into multiple project types,
complete the sections that best apply and fully describe all major components in the project description. If the
project involves multiple sites, information for each site (such as age of structure, location, ground disturbance, etc.)
must be provided. Attach additional pages to this submission, if needed.
1. ❑ Purchase of equipment. Projects in this category involve the purchase of equipment that will require
installation on or in a building or structure. Complete other portions of Section B as needed. Complete
Section C.1.
2. ❑ Training and exercises. Projects in this category involve training exercises with any field -based
components, such as drills or full -scale exercises. Complete Section C.2.
3. ❑ Renovations /upgrades /modifications or physical security enhancements to existing structures.
Projects in this category involve renovations, upgrades, retrofits, and installation of equipment or systems
in or on a building or structure. Examples include, but are not limited to: interior building renovations;
electrical system upgrades; sprinkler systems; vehicle exhaust systems; closed circuit television (CCTV)
cameras; security fencing; access control for an area, building, or room; bollards; motion detection systems;
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
119
Environmental and Historic Preservation Screening Form — June 2012
alarm systems; security door installation or upgrades; lighting; and audio - visual equipment (projectors,
smart boards, whiteboards, monitors, displays, and projector screens). Complete Section C.3.
4. ❑ Generator installation. Projects in this category involve installation of new or replacement generators, to
include the concrete pads, underground fuel and electric lines, and if necessary, a fuel storage tank.
Complete Section CA.
5. ❑ New construction /addition. Projects in this category involve new construction, addition to, or expansion
of a facility. These projects involve construction of a new building, or expansion of the footprint or profile
of a current structure. Complete Section C.5.
6. ❑ Communication towers, antennas, and related equipment. Projects in this category involve
construction of new or replacement communications towers, or installation of communications - related
equipment on a tower or building or in a communications shelter or building. Complete Section C.6.
7. ❑ Other. Projects that do not fit in any of the categories listed above. Complete Section C.7.
SECTION C. PROJECT TYPE DETAILS
Check the box that applies to the proposed project and complete the corresponding details.
1. ❑ Purchase of equipment. If the entire project is limited to purchase of
mobile /portable equipment and there is no installation needed, this form
does not need to be completed and submitted.
a. Specify the equipment, and the quantity of each:,...
b. Provide the Authorized Equipment List (AEL) number(s) (if known):......
c. Complete Section D.
2. ❑ Training and exercises. If the training is classroom and discussion -based
only, and is not field- based, this form does not need to be completed and
submitted.
a. Describe the scope of the proposed training or exercise (purpose,
materials, and type of a activities required): ...............................................
b. Provide the location of the training (physical address or latitude-
longitude): .................................................................................................
c. Would the training or exercise take place at an existing facility which has
established procedures for that particular proposed training or exercise,
and that conforms with existing land use designations? For further
information refer to Information Bulletin #345,
http: Ilwww, fenta, eovfpdflsovernm. entlgrant /bulletinslinfo345.pdf :........ ............................... ❑ Yes ❑ No
If Yes, provide the name of the facility and the facility point of
contact (name, telephone number, and email address):...... ...................
If No, provide a narrative description of the area where the training
or exercise would occur (e.g., exercise area within four points
defined by latitude /longitude coordinates): ............................................
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
120
Environmental and Historic Preservation Screening Form — June 2012
• Does the field -based training /exercise differ from previously
permitted training or exercises in any way, including, but not limited
to frequency, amount of facilities /land used, materials or equipment
used, number of participants, or type of activities? ............................. ............................... ❑ Yes ❑ No
• If Yes, explain any differences between the proposed activity and
Those that were approved in the past, and the reason(s) for the change
inscope: ...................................................................................................
• If No, provide reference to previous exercise (e.g., FEMA grant
name, number, and date) :................. .. ..... ..... ............... .................
d. Would any equipment or structures need to be installed to facilitate
training? .................................................................................................... ............................... ❑ Yes ❑ No
• If Yes, complete Section D
3. ❑ Renovations /upgrades /modifications, or physical security
enhancements to existing structures.
a. Complete Section D.
4. ❑ Generator installation.
a. Provide capacity of the generator (kW):_____ ........ ............................
b. Identify the fuel to be used for the generator (diesel /propane /natural gas):..
c. Identify where the fuel for the generator would be stored (e.g. stand -alone
tank, above or below ground, or incorporated in generator): ......
d. Complete Section D.
5. ❑ New construction /addition.
a. Provide detailed project description (site acreage, new facility square
footage /number of stories, utilities, parking, stormwater features, etc):.......
b. Provide technical drawings or site plans of the proposed project: ........................................... ❑ Attached
c. Complete Section D.
6. ❑ Communication towers, antennas, and related equipment.
a. Provide the current net height (in feet above ground level) of the existing
tower or building (with current attached equipment): ..................................
b. Provide the height (in feet above ground level) of the existing tower or
building after adding /replacing equipment:...... ....... ...............................
Complete items 6.c through 6.q below ONLY if this project involves construction of a new or replacement
communications tower. Otherwise continue to Section D.
Information Bulletin 351, National Historic Preservation Act Section 106 Review Requirements for
Communications Facilities, January 4, 2011 has additional guidance and information on EHP requirements for
communications towers. Available at: hrWrl /www fcma gov /pdf /g{)icrnment /graeit /bull tins /info351 pdf
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
4
121
Environmental and Historic Preservation Screening Form — June 2012
c. Provide the ground -level elevation (feet above mean sea level) of the site
of the proposed communications tower: ....................................................
d. Provide the total height (in feet above ground level) of the proposed
communications tower or structure, including any antennas to be mounted:
• If greater than 199 feet above ground level, state why this is needed
to meet the requirements of the project: ..................................................
e.
Would the tower be free - standing or require guy wires? .............................
• If guy wires are required, state number of bands and the number of
wiresper band: .........................................................................................
• Explain why a guyed tower is needed to meet the requirements of
thisproject: ............. ....... ___ ................... ......... ..................
............................ ❑ Yes ❑ No
......I ................... ❑Yes ❑No
............................ ❑ Yes ❑ No
f. What kind of lighting would be installed, if any (e.g., white strobe, red
strobe, or steady burning)? ............................................ ...............................
g. Provide a general description of terrain (e.g., mountainous, rolling hills,
flatto undulating):............... ........ ............................... ...........................
h. Describe the frequency and seasonality of fog/low cloud cover: .................
i. Provide a list of habitat types and land use at and adjacent to the tower
site (within '/� mile), by acreage and percentage of total (e.g., woodland
conifer forest, grassland, agriculture) water body, marsh: ...........................
j. Is there evidence of bird roosts or rookeries present within % mile of the
proposedsite?..... ... __ ............. __ .................................................................
• Describe how presence /absence of bird roosts or rookeries was
determined: .......................................................... _ .............. ..................
k. Identify the distance to nearest wetland area (e.g., forested swamp,
marsh, riparian, marine) and coastline if applicable: ...... .... ___ .................
1. Distance to nearest existing telecommunication tower: ......................
m. Have measures been incorporated for minimizing impacts to migratory
birds? ........................................................................ ...............................
If Yes, describe:-. .... ...............................
n. Has a Federal Communications Commission (FCC) registration been
obtained for this tower? ................................................. ...............................
■ If Yes, provide Registration #: ...............................................................
• If No, why? ............................................... ...............................
o. Has the FCC E106 process been completed ? ............................
❑ Freestanding ❑ Guy wires
... ❑ Yes ❑ No
p. Has the FCC Tower Construction Notification System (TCNS) process
beencompleted? ........................................................................................ ............................... ❑ Yes ❑ No
If Yes, attach the environmental documentation submitted as part of
the registration process including use of the Tower Construction
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1 5
122
Environmental and Historic Preservation Screening Form — June 2012
Notification System (TCNS), if applicable. FRN# :. ...............................
q. Would any related equipment or structures need to be installed (e.g., backup
generator and fuel source, communications shelter, fencing, or security
measures)? ................................................................................................. ............................... ❑ Yes ❑ No
• If Yes, explain where and how each installation would be done. Provide
details about generator capacity (kW), fuel source, fuel location and
tank volume, amount of fencing, and size of communication shelter:..... -
r. Complete Section D.
7. ❑ Other. Complete this section if the proposed project does not fit any of
the categories above.
a. Provide a complete project description: .... ................ .................
b. Complete Section D.
SECTION D. PROJECT DETAILS
Complete all of the information requested below.
1. ❑ Project installation
a. Explain how and where renovations /upgrades /modifications would take
place, or where equipment/systems will be installed: ...... .......... ____ ...
b. Would ground disturbance be required to complete the project or training? ........................... ❑ Yes ❑ No
■ If Yes, provide total extent (depth, length, and width) of each ground -
disturbing activity. Include both digging and trenching. For example,
light poles and fencing have unique ground- disturbing activities (e.g.,
six light poles, 24" dia. x 4' deep; trenching 12" x 500' x 18" deep;
22 fence posts, 12" diameter x 3' deep, and 2 gate posts, 18" diameter
x3' deep):... . .... __ ... ....... ... _ ...... ....... ___ ...............
• If Yes, describe the current disturbed condition of the area (e.g.,
parking lot, road right -of -way, commercial development): . ................
c, Would the equipment use the existing infrastructure for electrical
distribution systems? .......... ❑ Yes ❑ No
■ If No, describe power source and detail its installation at the site:..........
2. ❑ Age of structure/building at project site
a. Provide the year existing building(s) or structure(s) on/in /nearest to the
location involved in the proposed project was built: ....................... ...........
• If the building or structure involved is over 45 years old and
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
6
123
Environmental and Historic Preservation Screening Form — June 2012
significant renovation, rehabilitation, or modification has occurred,
provide the year(s) modified and briefly describe the nature of
the modification(s):. ......................... ................. .....................................
b. Are there any structures or buildings that are 50 years old or older in or
adjacentto the project area? ...................................... ...............................
If yes, provide the location of the structure(s), ground -level color
photographs of the sructure(s), and identify their location(s) on an
aerialmap: ...............................................................................................
........... ❑ Yes ❑ No
Is the project site listed in the National Register of Historic Places
(National Register), or in /near a designated local or National Register
Historic District? The internet address for the National Register
is: http: /lnrhp.f6cus.nRs. 0g_ v ................................................................. ............................... ❑ Yes ❑ No
• If Yes, identify the name of the historic property, site and /or district
and the National Register document number: .....................................
3. ❑ Site photographs, maps and drawings
a. Attach site photographs. Site photographs are required for all projects.
Use the following as a checklist for photographs of your project. Attach
photographs to this document or as accompanying documents in your
submission.
• Labeled, color, ground -level photographs of the project site:... .......................................... ❑ Required
• Labeled, color photograph of each location where equipment would be
attached to a building or structure: ...................................................................................... ❑ Required
• Labeled, color aerial photograph of the project site: ........................................................... ❑ Required
• Labeled, color aerial photographs that show the extent of ground
disturbance (if applicable): ................................................................................................. ❑ Attached
• Labeled, color ground -level color photographs of the structure from
each exterior side of the building /structure (applicable only if
building /structure is more than 45 years ofd):........ . ............................... ..... ❑ Attached
b. Are there technical drawings or site plans available? .............................. ............................... ❑ Yes ❑ No
• If yes, attach: ....... .............................................. ................ ......... ❑ Attached
Appendix A has guidance on preparing photographs for EHP review
4. ❑ Environmental documentation
a. Is there any previously completed environmental documentation for this
project at this proposed project site (e.g., Environmental Assessment, or
wetland delineation, or cultural /archaeological study)? ............................ ............................... ❑ Yes ❑ No
• If Yes, attach documentation with this form: ............ ..... ❑ Attached
b. Is there any previously completed agency coordination for this project
(e.g., correspondence with the U.S. Fish and Wildlife Service, State
Historic Preservation Office, Tribal Historic Preservation Office)? ......... ............................... ❑ Yes ❑ No
• If Yes, attach documentation with this form:, ................................................................ _-- ❑ Attached
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
124
Environmental and Historic Preservation Screening Form — June 2012
c. Was a NEPA document was prepared for this project? .... ........................ ............................... ❑ Yes ❑ No
• If Yes, what was the decision? (Check one, and please attach):
❑ Finding of No Significant Impact (FONSI) from an Environmental Assessment (EA) or
❑ Record of Decision (ROD) from an Environmental Impact Statement (EIS).
Name of preparing agency:
Date approved: ....................
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
125
Appendix A. Guidance for Supporting Photographs for EHP Grant Submissions
Photographs are a vital component of the EHP review process and add an additional level of
understanding about the nature and scope of the project. They also provide pre - project documentation of
site conditions. Please follow the guidance provided below when preparing photographs for your EHP
submission. The following pages provide examples of best practices used in earlier EHP submissions.
Minimum requirements for photographs.
1. Photographs should be in color.
2. Label all photographs with the name of facility, location (city /county, state) and physical location
(physical address or latitude - longitude).
3. Label the photographs to clearly illustrate relevant features of the project, such as location of installed
features (e.g., cameras, fences, sirens, antennas, generators) and ground disturbance. See examples
below.
4. Identify ground disturbance. Adding graphics to a digital photograph is a means to illustrate the size,
scope and location of ground disturbing activities.
Best Practices
1. Provide photographs in a separate file.
2. Place no more than 2 pictures per page.
3. Compressing pictures files (such as with Microsoft Picture Manager)' or saving the file in pdf format
will reduce the size of the file and facilitate e-mail submissions.
4. Identify the photograph file with the project name so that it can be matched to the corresponding
FEMA EHP screening form.
5. Maximum file size for enclosures should not exceed 12 MB. If the total size of files for an EHP
submission exceeds 12 MB, send the submission in multiple e- mails.
6. If necessary, send additional photographs or data in supplemental e- mails. Please use the same e -mail
subject line with the additional label: 1 of x, 2 of x, ... x of x.
Options for Creating Photographs
1. Obtain an aerial photo. There are multiple online sources for aerial photographs.
2. For the aerial photo, use the screen capture feature (Ctrl + Print Screen keys) and copy the image to
photo editing software, such as Paint, or PhotoShop.' Use that software to crop the image so the
photo has the content necessary.
3. Open PowerPoint, or other graphics- oriented software, and paste the aerial or ground -level
photograph on the canvas.
4. Use drawing tools, such as line drawing and shapes, to indicate the location of project features (for
example: fencing, lighting, sirens, antennas, cameras, generators).
5. Insert text to label the features and to label the photograph.
6. Use drawing tools to identify ground- disturbing activities (if applicable).
7. Save the file with the project name or grant number so that it can be appropriately matched to the
corresponding FEMA EHP screening form. Include this file with the EHP screening when submitting
the project.
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1 A -1
126
Appendix A. Supporting Photographs for EHP Grant Submissions
Example Photographs
Aerial Photographs. The
example in Figure 1 provides
the name of the site, physical
address and proposed
location for installing new
equipment. This example of
a labeled aerial photograph
provides good context of the
surrounding area.
Ground -level photographs.
The ground -level photograph
in Figure 2 supplements the
aerial photograph in Figure 1,
above. Combined, they
provide a clear understanding
of the scope of the project.
This photograph has the name
and address of the project site,
and uses graphics to illustrate
where equipment will be
installed.
Figure 1. Example of labeled, color aerial photograph.
•4i -
e
Figure 2. Example of ground -level photograph showing proposed
attachment of new equipment
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1 A -2
127
Appendix A. Supporting Photographs for EHP Grant Submissions
Ground -level photograph
with equipment close -up.
Figure 3 includes a pasted
image of a CCTV camera that
would be placed at the project
site. Using desktop computer
software, such as PowerPoint,'
this can be accomplished by
inserting a graphic symbol
(square, triangle, circle, star,
etc.) where the equipment
would be installed. This
example includes the name and
location of the site. The site
coordinates are in the degree -
minute- second format.
Ground -level photograph
with excavation area close -
up. The example in Figure 4
shows the proposed location
for the concrete pad for a
generator and the ground
disturbance to connect the
generator to the building's
electrical service. This
information can be illustrated
with either an aerial or
ground -level photograph, or
both. This example has the
name and physical address of
the project site.
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
Figure 3. Ground -level photograph with graphic showing
proposed equipment installation.
Figure 4. Ground -level photograph showing proposed ground
disturbance area.
A -3
128
Somew.m Community Center, 123 Elm Street. Someto,,n,
State
Trenching from
generator to
1v
building's
gectricel service:
22ftx18inx6
n
I
Generator Ped,
Ox 10Nx8in
_
I
Figure 4. Ground -level photograph showing proposed ground
disturbance area.
A -3
128
Appendix A. Supporting Photographs for EHP Grant Submissions
Communications equipment
photographs. The example in
Figure 5 supports a project
involving installation of
equipment on a tower. Key
elements are identifying where
equipment would be installed on
the tower, name of the site and its
location. This example provides
site coordinates in decimal
format.
Interior equipment
photographs. The example in
Figure 6 shows the use of graphic
symbols to represent security
features planned for a building.
The same symbols are used in the
other pictures where the same
equipment would be installed at
other locations in/on the building.
This example includes the name
of the facility and its physical
address.
locations of new communications equipment on an existing
tower.
Some County Shenff Lek. 123 Elm Sbe+et,
A camera will be added
in the upper prox
corner and a proximity
door access reader will
be added for access
control
Figure 6. Interior photograph showing proposed location of new
equipment.
Ground -level photographs of nearby historic structures and buildings. Consultation with the State
Historic Preservation Office (SHPO) may be required for projects involving structures that are more than
50 years old, or are on the National Register of Historic Places. In that event, it will be necessary to
provide a color, ground -level photograph of each side of the building/structure.
1 Use of brand name does not constitute product endorsement, but is intended only to provide an example of the type of product
capable of providing an element of the EHP documentation.
OMB Control #: 1660 -0115
FEMA Form: 024 -0 -1
A -4
129
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Homeland Security Grant Program FY: Grant Number: CalOES ID#
Subgrantee name: _ _ _ _ Project: _ _ _
REQUEST FOR SOLE SOURCE PROCUREMENT AUTHORIZATION
1. Project name: Project Budget: $
2. Describe the project and /or activity that will be provided by the proposed sole source
vendor /contractor.
3. Describe your organization's standard procedures when sole source contracting is considered,
including the conditions under which a sole source contract is allowed, and any other applicable
criteria (i.e. approval requirements, monetary thresholds, etc.).
4. Indicate which of the following circumstances resulted in your organization's need to enter into a
sole source contract.
a. Item/service is only available from one source (Describe the process used to make that
determination. Please provide details.)
b. A public urgency or emergency will not permit a delay resulting from competitive
solicitation. According to the US Department of Homeland Security /FEMA, "Time
constraints will not be considered a factor if the subgrantee has not sought competitive
bids in a timely manner." (Describe the urgency or emergency. Please provide details)
After solicitation of a number of sources, competition was determined inadequate.
(Describe the solicitation process that determined competition was inadequate. Please
provide details, and attach any relevant supporting material, Request for Proposal, etc.)
Did your organization confirm that the contractor /vendor is not debarred or suspended?
6. Will your organization be able to complete all activities associated with the sole source contract
by the end of the grant performance period?
7. Has your organization determined the costs are reasonable?
8. Please attach a copy of the cost benefit analysis prepared for this procurement.
Submitted l)y
(Name)
(Signature)
Date:
Cal OES SSRF rev 811113
130
EXHIBIT E
131
Technology Project Standards
1. Virtual Port (Data _System _Projects)
1) Web -based software: system on browser technology instead of proprietary system
2) API or STK software integration tools- application is typically provided by the
manufacturer
3) Exchange protocols: 128 bid encryption
4) Dual authentication
2. Downlink Project
1. Ability to go non - encryptic for both receivers and transmitters
2. 6.5 GHz Range
3. High -gain antennas
4. Moving Pictures Expert Group (M -PEG) current standards for decoding: M -PEG 4
3. SMART Classroom
1. 2 Mbps minimum bandwidth
2. Code -X Specs- minimum of C40 (2 video outputs)
3. Camera Specs- 1080 dpi
4. Firewall settings:
5. IT personnel required for set -up /installation
4. LARCOPP
Asset Manager— Tracks personnel and equipment to shift or operational period based on availability
either on duty or on overtime. Tracks all working hours and prints out overtime slips in compliance with
FMAG reimbursement procedures.
Logs- Ability to create multiple logs for different ICS sections, divisions, or agencies for multiple
operational periods.
Mapping — Ability to plot personnel, equipment, missions for a variety of incidents, draw perimeters, fire
lines, fire progression, plume modeling etc.
Video Streamer- Ability to stream multiple videos streams from ANTARES cameras in to several
locations, (EOC's mobile command post trailers).
Message Center — Ability to have private encrypted chat rooms for operators to discuss operations, FAX
service to send and receive FAXs', Email groups ability to send and receive emails with attachments or
send attachments on email.
ICS Forms - Ability to create ICS forms and complete EAP's /IAP's
Downlink Receiver — Ability to receive both 4.9 and 6.5 GHz downlink video
Triage App — Ability to track patients at an MCI incident both by name and location.
132
Tri - Korder phones - Ability to have most of the above applications on a smart phone and also the ability
to use the Tri Korder phone as a GPS tracker to track personnel live on the mapping app
Re -Stat ability - to have situational awareness of all you deployed and waiting resources as well as
missions
Missions — creates and tracks missions both for a pre - planned and emerging events. Ability to insert
detailed instructions for personnel
Reports - Ability to print up multiple reports about personnel, missions, overtime costs.
All of these abilities are shared with all agencies participating in the LARCOPP program. There are
several servers throughout the region that give us the ability to share and view everyone's incidents and
information live. It also allows us to works together on a single incident allowing multiple agencies in a
unified command to have the same picture of the incident. All of this information is encrypted.
6. License Plate Recognition (LPR)
Fixed and Mobile License Plate Recognition system should contain the following components: (a) Fixed
License Plate Recognition Cameras including all necessary mounting hardware, (b) Capability to accept a
network connection capable of backhauling data to city network, (c) Hardware capable of creating VPN
between network connection identified in (b) and City /Agency network.
System ",,,--- ;remew
• System shall have the ability to capture license plates and compare them to a database detailed
by the purchasing agency;
• System shall be able to perform this analysis in varied lighting and weather conditions at an
accuracy level deemed suitable by the purchasing agency;
• System shall have the ability to link or share data with other LPR systems;
• The LPR system shall have the ability to be deployed in both a mobile and fixed installation
based on standards set by the agency purchasing;
• The systems timekeeping shall automatically update when time changes occur (e.g., Daylight
savings time) and be consistent with correct calendar dates;
• Any system selected shall allow for the purchasing agency to be the sole owner of the data;
• Data shall be compatible with standard SQL format;
• System selected shall at a minimum have the ability for a unique user sign and audit /reporting
capability;
• Still imagery must be in a non - proprietary format;
• Each read shall retain the associated metadata the minimally includes:
• GPS location;
• Date;
• Time;
• Source (vehicle ID /fixed identifier);
• Alert reason;
133
• System must have the ability to retain all data captured for a period set by the purchasing
agencies requirements;
• The system must be industrial /commercial grade. No prototype models will be considered;
• Loss of power to any hardware shall not result in the unit requiring reprogramming;
• Sudden loss of power shall not cause the loss of data;
• All wiring shall meet industry standards applicable to the wire applications and all systems must
be properly grounded using the same industry standards;
• The systems shall operate under extreme hot and cold weather conditions (20to 160 degrees
Fahrenheit);
• Camera system shall capture an image of the plate and overview of the vehicle;
• Mobile systems shall support a minimum of four cameras capable of capturing license plates;
• System shall comply with the purchasing agencies' lighting standards for fixed installations;
• Cameras must operate on a filtered, regulated and short- circuit - protected power source.
• The system will be protected from damage due to input of voltage, reverse polarity, and
electrical transients that may be encountered.
• Camera will need to possess sufficient internal memory such that during times of impaired
network connectivity data will not be lost.
• Ruggedized exterior for camera and networking equipment
• Vibration resistant
• Rugged mounts that provide stability to all equipment
NetwouR i`.ORWItrotiS:
• System Network connection should be capable of sustained 250kb /s speeds.
• Human intervention shall not be required to establish /maintain the connection
• Connection should be capable of automatic reconnection in the event of power -loss or
temporary issue with service provider.
• If a device is required at each network connection point, it shall be capable of encrypting data
being sent back to any Agency network.
Wat- t- iiiii.y aitii ivi�iiiiiui►aiiue.
• System selected shall include a comprehensive warranty and maintenance for the maximum
amount of time allowed by the grant guidelines;
Regiov.1
■ Any agency using UASI /SHSG Grant Funding shall agree to enter into a standard Memorandum
of Agreement to share data between LA -LB UASI law enforcement members (to be developed
and provided prior to final grant award);
134
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution authorizing the City Manager to
(a) submit annual applications to the California Department of Resources Recycling and
Recovery for Beverage Container Recycling City /County Payment Programs; (b) execute
all grant documents; and (c) accept and spend grant funds. (Fiscal Impact: Approximately
$5,000.00 in annual Receipt of Grant Funds)
RECOMMENDED COUNCIL ACTION:
1. Adopt a resolution authorizing the City Manager to (a) submit annual applications to
the California Department of Resources Recycling and Recovery for Beverage
Container Recycling City /County Payment Programs; (b) execute all grant
documents; and (c) accept and spend any and all grant funds awarded to the City,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Approximately $5,000 in annual receipt of grant funds
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Julie Hegvold, Management Analyst
REVIEWED BY: Stephanie Katsouleas, Public Works Direct
APPROVED BY: Greg Carpenter, City Manager %L
BACKGROUND AND DISCUSSION:
The California Department of Resources Recycling (CalRecycle) has historically awarded El
Segundo grant funds under its Beverage Container Recycling City /County Payment Program to
assist the City in its efforts to educate the public about the benefits of properly recycling
beverage containers. CalRecycIe's grant funding formula is administered annually based on
population. In FY2014/15 the City was awarded approximately $5,000 in program funds, which .
were used to purchase combination recycle /rubbish containers for the downtown area.
Beginning with the FY 2015/16 funding cycle, all jurisdictions are required to adopt the attached
Resolution in order to apply for and receive this grant funding. The Resolution, together with the
application, must be submitted to CalRecycle no later than June 1, 2016. Staff wishes to
continue promoting beverage container recycling services to El Segundo residents with these
annual grant program funds. Thus, staff recommends that the City Council adopt the required
Resolution. 48
135
RESOLUTION NO.
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR
PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS TO THE
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE)
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares that:
A. Pursuant to Public Resources Code §48000 et seq., the Department of Resources
Recycling and Recovery (CalRecycle) has established various payment programs
to make payments to qualifying jurisdictions;
B. In furtherance of this authority, CalRecycle is required to establish procedures
governing the administration of the payment programs;
C. CalRecycle's procedures for administering payment programs require, among
other things, an applicant's governing body to declare by resolution certain
authorizations related to the administration of the payment program;
D. The City Council desires the City to be eligible for CalRecycle's various payment
programs in order to continue promoting beverage container recycling services to
El Segundo residents.
SECTION 2: Authorizations. The City Manager or his designee is authorized to (a)
submit application(s) on the City's behalf to CalRecycle for any and all payment programs
offered, both for this year and on an annual basis; (b) execute all documents necessary
to implement and secure payment under CalRecycle's programs; and (c) accept and
spend any and all grant funds awarded to the City for this year and on an annual basis.
SECTION 3: These authorizations will remain effective unless and until this Resolution
is rescinded or superseded by a subsequent Resolution adopted by the City Council.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
136
PASSED AND ADOPTED this 151h day of March, 2016.
Suzanne Fuentes, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
137
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to execute an agreement
with HealthComp, as approved to form by the City Attorney, to administer the City's
Retiree Health Reimbursement Account and approve additional funding for Fiscal Year
2015 -16 for related administrative fees. (Fiscal Impact: $4,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute an agreement with HealthComp, as approved
to form by the City Attorney, to administer the City's Retiree Health Reimbursement
Account.
2. Approve the request for additional funding for Fiscal Year 2015 -16
3. Alternatively, discuss and take other actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
HealthComp Administrative Services Agreement
FISCAL IMPACT: FY 15 -16: $4,000
Amount Budgeted: None
Additional Appropriation: $4,000
Account Number(s): 001 - 40��//0- 2901 -4204
ORIGINATED BY: Martha AlMiT,
l �stra, Human Resources Director
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Greg Carpenter, City Manager,/
BACKGROUND AND DISCUSSION:
At its meeting on December 15, 2015, Council approved salary and benefit changes to several
employee groups resulting from a settlement agreement between the City and the California
Public Employees' Retirement System (Ca1PERS). At the time, staff informed Council that
changes would need to be made to the medical contributions for employees and retirees,
necessitating the creation of health reimbursement accounts for retirees in order to keep them
whole and maintain their current medical benefit.
The City has a longstanding association with HealthComp which serves as the City's Third Party
Administrator for the City's Flexible Benefit Plan, Flexible Spending Account, and Dependent
Care Spending Account. HealthComp also provides services related to the administration of
retiree health reimbursement accounts, therefore staff recommends that the City Manager be
authorized to enter into an agreement with HealthComp to serve as the City's Third Party
Administrator for purposes of administering the retiree health reimbursement accounts.
138
The administrative fees associated with this service are approximately $986 per month but are
subject to change based on the number of participants. Staff is in the process of implementing
these reimbursement accounts and expects to have them in place by June 1, 2016. Therefore,
staff is requesting additional funding in the amount of $4,000 for Fiscal Year 2015 -16.
139
H evt IthCOm p
T"ird Party Administrators
ADMINISTRATIVE SERVICES AGREEMENT — RETIREE
HEALTH REIMBURSEMENT ACCOUNT
This Administrative Services Agreement — Retiree Health Reimbursement Account (Agreement)
is made by and between, City of El Segundo ( "Plan Sponsor "), whose principal address is 350 Main
Street, El Segundo, California 90245 and HealthComp, a California Corporation dba HealthComp
Administrators ( "HealthComp "), whose principal address is 621 Santa Fe Avenue, Fresno, California,
93721 with respect to the Health Reimbursement Account Plan issued by the Plan Sponsor. This
Agreement is to be in effect as of June 1, 2016 (Effective Date) and shall continue until terminated as
herein provided.
WHEREAS, the Plan Sponsor has established a Health Reimbursement Account Plan (Plan)
pursuant to the Internal Revenue Code Section 105 as amended, (the "Plan ") for eligible Retirees of the
Plan Sponsor (the "Participants "); and
WHEREAS, HealthComp is in the business of providing administrative services in conjunction
with such Plans, and Plan Sponsor desires to engage HealthComp to perform the services enumerated
herein below:
NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants
contained therein, the parties agree as follows:
I. PLAN
1.1 Plan Document. Plan Sponsor understands that ERISA requires that its employee
welfare benefit plan be established and be maintained pursuant to a written instrument(s), including a Plan
Document. All services to be provided by HealthComp hereunder shall be performed pursuant to the
provisions of the Plan Document, as amended by Plan Sponsor. A copy of the Plan Document and any
amendments thereto shall be deemed to form part of this Agreement for such purpose.
Plan Sponsor shall provide HealthComp with the Plan Document at least thirty (30) days prior to
the Effective Date of this Agreement or such other date as may be mutually agreed upon by the parties in
writing. Plan Sponsor shall notify HealthComp in writing of any changes to the Plan Document or Plan
benefits at least thirty (30) days prior to the effective date of such changes. HealthComp shall have thirty
(30) days following receipt of the Plan Document or such notice to inform Plan Sponsor of whether it will
administer the Plan Document or such proposed changes, HealthComp's decision not being unreasonably
withheld, conditioned or delayed.
1.2 Interpretation of the Plan. Plan Sponsor shall be the final arbiter as to the
interpretations of the Plan and as to the payment of benefits thereunder. HealthComp shall consult with
Plan Sponsor in the event extraordinary benefit matters arise. In the event an exception is to be made,
Plan Sponsor will notify HealthComp in writing of such exception.
Page 1 of 8
140
II. SCOPE OF RELATIONSHIP
2.1 Parties. This Agreement is between HealthComp and the Plan Sponsor, and does not
create any rights or legal relationships between HealthComp and any of the Participants or beneficiaries
under the Plan, or to any other third party. In the event that the Plan Sponsor fails to comply with any
federal or state law, required filings, or the terms of the Plan, HealthComp shall not be liable in any action
brought with such regard. HealthComp's relationship with the Plan Sponsor shall be that of an
independent contractor, and nothing in this Agreement shall be construed as creating the relationship of
the employer and employee, partnership or joint venture between the parties. Plan Sponsor also
acknowledges that HealthComp shall not be deemed a party to any contract entered into on behalf of Plan
Sponsor for any purpose intended primarily to benefit the Plan, and Plan Sponsor assumes all contractual
and financial obligations related thereto.
2.2 Fiduciary. HealthComp shall not be deemed to be a fiduciary of the Plan, nor shall
HealthComp be considered to be the "Plan Administrator" for purpose of ERISA or any other purpose.
Rather, the duties of HealthComp hereunder are ministerial in nature, and this Agreement shall not be
deemed to confer or delegate to HealthComp any discretionary authority or discretionary responsibility in
the administration of the Plan. Rather, HealthComp shall exercise its obligations under the Agreement in
accordance with and by applying industry accepted, or commonly accepted, standards and practices
regarding the common interpretation, definition, and application of the Plan Document provisions.
2.3 Communications. HealthComp shall be entitled to rely, without question, upon any
written or oral communication from the Plan Sponsor, including, but not limited to, its directors, officers,
human resource and benefit personnel, other authorized employees and its appointed agents /brokers.
Any written notice required by this Agreement shall be delivered personally or sent by Registered
Mail, return receipt requested, to the persons and at the addresses listed herein, unless a party designates a
different address in writing:
HealthComp City of El Segundo
621 Santa Fe 350 Main Street
Fresno, CA 93721 El Segundo, CA 90245
Attn: Phil Musson Attn: Martha Dijkstra
President & CEO Human Resources Director
2.4 Plan Sponsor's Representatives. Plan Sponsor, wherever referenced in the Agreement,
includes its directors, officers, employees, agents /brokers and others retained to or acting on Plan
Sponsors behalf.
2.5 HealthComp's Representatives. HealthComp, wherever referenced in the Agreement,
includes its directors, officers, employees, agents and others retained to or acting on HealthComp's
behalf.
III. DUTIES OF HEALTHCOMP
3.1 Documentation. At the request of Plan Sponsor, HealthComp may review, update or
prepare a proposed Plan Document or proposed Plan Document Amendments describing the benefits of
the Plan pursuant to Exhibit A. Plan Sponsor understands its responsibility to review, approve and
execute the Plan Document and Plan Document Amendments. Plan Sponsor agrees that HealthComp
shall have no responsibility with respect to the validity of the Plan Document and Plan Document
Amendments.
3.2 Standard Administrative Services. HealthComp agrees to provide the below -
numerated services for the Plan:
Page 2 of 8
141
a) Provide standard enrollment materials;
b) Prepare monthly reimbursement checks for the amount of benefits determined to be
payable under the Plan;
C) Provide Participants with online access to their own account(s) through HCOnLine,
including mobile app;
d) Provide Plan Sponsor monthly list billings and analysis reports;
e) Correspond with the Participants if additional information is deemed necessary by
HealthComp to complete the processing of claims;
f) Provide a toll -free 800 Customer Service telephone number to Participants;
g) Facilitate direct deposit to Participant's account from Plan Sponsor's account;
h) Provide annual Participant statements; and
i) Posting of periodic health reimbursement account contributions.
3.3 Records and Files. HealthComp shall establish and maintain a record keeping system
concerning the services to be performed hereunder. All such records, including an accumulator report and
member eligibility listing of such, and all hard copy files shall be the property of Plan Sponsor and shall
be delivered to Plan Sponsor upon termination of the Agreement, subject to the right of HealthComp to
copy and retain all or any of such records as it may be required by law to retain. All such records shall be
available for inspection by Plan Sponsor upon reasonable prior written notice, and at any time during
HealthComp's normal business hours.
3.4 Practices and Procedures. In performing such services, HealthComp shall employ its
standard practices and procedures, whether written or otherwise provided, however, such performance
shall be subject to the provisions of this Agreement, including, but not limited to Section 1.2.
3.5 Annual Form 5500. At the request of Plan Sponsor pursuant to Exhibit A, HealthComp
shall prepare for Plan Sponsor's review the annual form 5500. The approval and filing of the annual form
5500 shall remain the responsibility of Plan Sponsor.
3.6 Confidentiality of Personal Information. HealthComp maintains a Privacy Policy.
HealthComp shall take all reasonable precautions to prevent disclosure or use of the information for a
purpose unrelated to administration of the Plan, except in the following instances:
a) In response to a court order;
b) For an examination conducted by the Commissioner of Insurance;
c) For an audit or investigation conducted under the ERISA or by any authorized
governmental department with jurisdiction;
d) To, or at the request of, Plan Sponsor; or
e) With the written consent of the individual identified by the information, or his or her
legal representative.
Page 3 of 8
142
Nothing in this section is to be inconsistent with any Business Associate Agreement executed by
and between Plan Sponsor and HealthComp.
3.7 Recovery of Payment. The parties will cooperate to make reasonable efforts to recover
overpayments of benefits under the Plan. In the event payment is made to or on behalf of an ineligible
employee, Participant or any ineligible dependent of an employee Participant or a payment is made in
excess of the amount properly payable, HealthComp will:
a) Promptly advise in writing the Plan Sponsor of such event; and
b) Make a minimum of three demands to the payee in writing for the return of such payment
or overpayment and report the result of such efforts to the Plan Sponsor.
HealthComp shall have no further obligation with respect to any such payment or overpayment,
except that HealthComp is hereby authorized to offset such payment or overpayment against any unpaid
claim of such payee or any dependent thereof unless advised otherwise by the Plan Sponsor. HealthComp
in its sole discretion may choose to use additional reasonable methods in an attempt to recover such
payment or overpayment.
IV. DUTIES OF PLAN SPONSOR
4.1 Account. Plan Sponsor shall establish, maintain and timely fund a checking account
( "Account ") for the payment of benefits under the Plan. Plan Sponsor shall be liable for all claim checks
issued against the Account. HealthComp shall provide Plan Sponsor monthly with a report for
reconciliation.
4.2 Service Fees. Plan Sponsor agrees to pay to HealthComp the Service Fees as set forth in
Exhibit A in advance and not later than thirty (30) days following the date of HealthComp's statement for
Services Fees.
4.2.1 Change of Service Fees. HealthComp reserves the right to change the Service Fees
applicable to the Agreement at any time, provided the then - current Service Fees have been applicable for
a period of twelve (12) months, and provided that written notice of such change is furnished to the Plan
Sponsor at least thirty (30) days prior to the effective date for the new Service Fees.
4.2.2 Audit Fees. HealthComp recognizes that from time to time Plan Sponsor may wish to
perform (or have performed) an audit for purposes of financial statements, performance standards, claims
payment, or other purposes. Plan Sponsor shall provide reasonable written notice to HealthComp prior to
such audits, and HealthComp shall make all requested information available to Plan Sponsor or their
designated auditor within a reasonable time frame, but in no instance less than fifteen (15) business days
from receipt of notice of the audit. Plan Sponsor agrees to pay HealthComp the hourly Administrative
Service Fee shown in Exhibit A for any HealthComp staff time required by such an audit and any other
costs incurred by HealthComp within thirty (30) days following the date of HealthComp's statement for
the hourly Administrative Service Fee and incurred costs. Plan Sponsor also agrees that HealthComp will
have the right to submit written responses to any audit findings, and that such written responses will be
included in any audit report which is prepared.
4.3 Liability for Benefits. It is understood and agreed that liability for payment of benefits
under the Plan is the sole liability of Plan Sponsor, and that HealthComp shall not have any liability for
such benefits. Plan Sponsor shall be responsible for any damages, losses, liabilities, or expenses incurred
by HealthComp which are related to claims by any employee, Participant, dependent of employee
Participant or a provider of health care services for benefits under the Plan. Both parties recognize that
Page 4 of 8
143
this includes claims or liabilities to which either Party is determined to be obligated either contractually or
statutorily, regardless if such claims are allowed under the Plan Document.
4.4 Taxes, Assessments and Liability. It is understood and agreed that nothing in this
Agreement will be deemed to confer on HealthComp any obligation, responsibility or liability for any tax
(exclusive of HealthComp's Federal or State income and payroll taxes), assessment, levy, fee, subsidy or
charge which may be imposed upon Plan Sponsor, Trust, Administrator, Fiduciary or any Participant or
beneficiary of the Plan.
It is understood and agreed Plan Sponsor will reimburse HealthComp within thirty (30) days after
HealthComp's notice to Plan Sponsor for all amounts HealthComp pays for any tax, assessment, levy,
fee, subsidy or charge imposed by any public body or governmental authority against HealthComp, the
Plan or Plan Sponsor (exclusive of HealthComp's Federal or State income and payroll taxes) which may
be incurred by reason of or as a result of the existence of the Plan, this Agreement or HealthComp's
services pursuant to this Agreement.
4.5 Plan Sponsor Responsibilities. The Plan Sponsor agrees to:
a. Determine the eligibility of employees to participate in the Plan;
b. Provide HealthComp with completed enrollment forms and reports necessary to properly
administer the Plan;
c. Remit in a timely manner City of El Segundo's contributions to the employees' health
reimbursement account and fees;
d. Furnish HealthComp such information in writing as may be necessary or required by
HealthComp from time to time to maintain adequate records for eligibility of Plan
Sponsor's Participants;
e. Immediately provide HealthComp with such information regarding administration of the
Plan as HealthComp may request from time to time. HealthComp is entitled to rely on
the information most recently supplied by Plan Sponsor in connection with
HealthComp's services and its other obligations under the Agreement. HealthComp shall
not be responsible for any delay or error caused by Plan Sponsor's failure to furnish
correct information in a timely manner; and
f. Take all other actions necessary to maintain and operate the Plan in compliance with
applicable provisions of the Plan, the Internal Revenue Code, and any other applicable
state and /or federal law. Unless otherwise agreed to in writing between HealthComp and
Plan Sponsor, Plan Sponsor agrees that it is solely responsible for satisfying any and all
Plan reporting and disclosure requirements imposed by law.
V. GENERAL PROVISIONS
5.1 Entire Contract. This Agreement, together with any Exhibits, Attachments and
Amendments hereto, constitutes the entire Agreement between the parties and supersedes any and all
prior or contemporaneous oral or written communications or proposals not expressly included herein. No
representation, understanding, or agreement which is not expressly contained herein shall be binding or
enforceable. No modification of the terms or provisions of the Agreement shall be effective unless
evidenced by writing signed by an authorized officer of both Plan Sponsor and HealthComp.
Page 5 of 8
144
5.2 Choice of Law and Attorney's Fees. This Agreement shall be deemed to have been
made and entered into in the State of California, and shall be construed and enforced according to the
internal laws of the State of California, applicable to contracts entered into and performed solely within
that state. In the event suit is brought to enforce or interpret any part of this contract, the prevailing party
shall be entitled to recover reasonable attorney's fees as an element of their costs of suit. The "prevailing
party" shall be the party who is entitled to recover costs of suit, whether or not the suit ends with a final
judgment.
5.3 Fair Reading and Joint Construction. The Agreement is a result of negotiations
between the parties, and will not be construed strictly against or in favor of any party hereto, but shall be
considered to have been jointly drafted by the parties. The parties intend that the Agreement will be
given a fair reading and reasonable construction in accordance with the intentions of the parties and
without regard to, or aid of, § 1654 of the California Civil Code.
5.4 Section Headings. The paragraph, section and article headings used in the Agreement
are intended solely for convenience and reference and shall not in any manner amend, limit, modify or
otherwise be used in the interpretation of any of the provisions of the Agreement.
5.5 No Waiver. No waiver of any breach of any term or provision of the Agreement shall
be construed to be, or shall be, a waiver of any other breach of the Agreement. No waiver shall be
binding unless in writing and signed by the Party or Parties waiving the breach.
5.6 Severability. If any term or provision of the Agreement is determined to be illegal,
unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid
provision or part thereof shall be stricken from this Agreement and such provision shall not affect the
legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of
the Agreement is stricken in accordance with the provisions of this section, then this stricken provision
shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in
tenor to the stricken provision as is legally possible.
5.7 Warranty of Authority. The parties signing below warrant they are authorized to enter
into this Agreement on behalf of their designated party, and do so with that party's full consent and
knowledge.
5.8 Indemnification of Plan Sponsor. In the event of any claim or cause of action against
Plan Sponsor, HealthComp agrees to indemnify Plan Sponsor and hold it harmless from and against any
and all resultant liabilities, damages and expenses incurred by Plan Sponsor, including court costs and
attorneys' fees, to the extent that the liabilities, damages or expenses arise as a result of the negligence of
HealthComp or HealthComp's intentional, willful, reckless or grossly negligent acts or omissions in the
performance of its duties under this Agreement.
5.9 Indemnification of HealthComp. In the event of any claim or cause of action against
HealthComp by any employee, Participant, dependent of employee Participant or health care provider
claiming benefits or right to payment under the Plan, Plan Sponsor agrees to indemnify HealthComp and
hold it harmless from and against any and all resultant liabilities, damages and expenses incurred by
HealthComp, including court costs and attorneys' fees, to the extent that liabilities, damages or expenses
arise other than as a result of the negligence of HealthComp or HealthComp's reckless acts or omissions
in the performance of its duties under this Agreement. Provided further, nothing in this Section or any
other provision of this Agreement shall entitle HealthComp to be indemnified, reimbursed, or held
harmless for any negligent or wrongful acts or omissions of HealthComp, its employees, officers,
directors, affiliates, or subcontractors.
Page 6 of 8
145
VI. TERM OF AGREEMENT
6.1 Term. This Agreement shall commence on the Effective Date and shall remain effective
unless terminated as provided herein.
6.2 Termination by Notice. Either party may terminate this Agreement for any reason at
any time by providing written notice to the other party. The notice shall specify an effective date of
termination, which shall be not less than sixty (60) days after the date of the notice. If the notice does not
specify a date of termination, the effective date of termination shall be sixty (60) days after receipt of the
notice by the other party.
6.3 Termination by Default. Should either party default in the performance of any of the
terms or conditions of the Agreement, the other party shall deliver (personally or by Registered Mail,
return receipt requested) to the defaulting party written notice thereof specifying the matters in default.
The defaulting party shall have ten (10) calendar days after its receipt of the written notice to cure such
default. If the defaulting party fails to cure the default within such ten -day period, this Agreement shall
terminate at 11:59 p.m. on the tenth day after the receipt of the notice by the defaulting party.
6.4 Termination by Law. If any state or federal law or regulation is enacted or promulgated
which prohibits the performance of any of the duties hereunder, or if any law is interpreted by a court of
competent jurisdiction or any governmental agency or instrumentality to prohibit such performance, this
Agreement shall automatically terminate as of the effective date of such prohibition.
6.5 Termination via Bankruptcy. This Agreement shall automatically and immediately
terminate if either party: (1) becomes insolvent, seeks bankruptcy protection, or is adjudicated as a
bankrupt entity; (2) if their business or operations come into possession of or under the control of any
trustee in bankruptcy; (3) a receiver is appointed for the party's business or operations; or (4) it makes a
general assignment for the benefit of creditors. But this provision may be waived if the other party
affirmatively elects in writing to waive said termination.
6.6 Effect of Termination. As of the effective date of termination of this Agreement,
HealthComp shall have no further duties of performance hereunder. This period between notice of
termination and the effective date of termination shall be used to facilitate an orderly transfer of records
and funds, if any, from HealthComp to the Plan Sponsor or to such person as Plan Sponsor may designate
in writing. Any record transfer shall be completed within fifteen (15) calendar days of the termination
date. HealthComp's obligation under Section 5.8 and Plan Sponsor's obligation under Section 5.9 shall
survive the termination of this Agreement.
CITY OF EL SEGUNDO HEALTHCOMP
(Signature)
(Print or type name)
am
(Signature)
(Print or type name)
Title: Title:
Date: Date:
Page 7 of 8
.,
EXHIBIT A - FEE SCHEDULE
CITY OF EL SEGUNDO
EFFECTIVE: JUNE 1, 2016
$ 250.00 Standard Plan Amendment.
$ 6.00 Health Reimbursement Account Standard Administration Per Participant per Month.
(The minimum monthly administration fee is $195.00). Services include the following:
1.
Provide standard informational materials;
2.
Prepare monthly reimbursement checks for the amount of benefits determined to be
payable under the Plan;
3.
Provide Participants with access to their own account(s) with HCOnLine including
mobile app;
4.
Provide monthly list billings and monthly year -to -date analysis reports;
5.
Correspond with the Participants if additional information is deemed necessary by
HealthComp to complete the processing of claims;
6.
Provide a toll -free 800 Customer Service telephone number to Participants;
7.
Facilitate direct deposit to Participant's account from Plan Sponsor's account;
8.
Provide annual Participant statements; and
9.
Posting of HRA contributions
$ 80.00 Per
Hour Administrative Service Fee or for services not previously listed.
$ 0.50
$ 2.00
Bank Account Reconciliation Per Participant per Month.
Accept: Decline:
Signature Signature
Debit card Per Participant per Month ($10 card replacement).
Accept: Decline:
Signature
$ 250.00 Per Plan — Annual Form 5500 preparation.
Accept: Decline:
Signature
CITY OF EL SEGUNDO
By:
(Signature)
(Print or Type Name)
Title:
Date:
HEALTHCOMP
By:
Title:
Date:
Page 8 of 8
Signature
Signature
(Signature)
(Print or Type Name)
147
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action to change the employee group that the retired and current City
Council Member's Public Employees' Medical and Hospital Care Act ( "PEMHCA ") medical benefits
are tied to from the Executive Management Group to the Police Support Services Employees'
Association ("PSSEA") to approximately maintain the PEMHCA medical benefits currently provided to
the retired and current elected officials. Additionally, keep the City Clerk and Treasurer tied to the
Executive Management group for PEMHCA medical benefits (reducing their medical benefits from
$1200 per month to $125 per month) but increase their respective monthly stipends by $1,075 per
month to offset the reduction in medical benefits. These potential actions arise from a change made to
the Executive Management Group's medical benefits that adversely affects the retired and current
elected officials' medical benefits. (Fiscal Impact: Approximate monthly savings of $7590.79 if the
Council continues to be tied to the Executive Management Group and $157.16 if the Council is tied to
the PSSEA. The change to the City Clerk's and Treasurer's medical benefit and stipend have no net
fiscal impact.)
RECOMMENDED COUNCIL ACTION:
1. Consideration and possible action to change the employee group that the retired and current
Council Members' PEMHCA medical benefits, are tied to from the Executive Management
Group to the PSSEA; and/or,
2. Continue to have the City Clerk and Treasurer tied to the Executive Management group for
PEMHCA medical benefits (reducing their medical benefits from $1200 per month to $125 per
month) and adopt a resolution increasing their respective monthly stipends by $1,075; and/or
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. List of retired and current City Council Members receiving medical benefits.
2. Resolution Increasing the City Clerk's and Treasurer's Monthly Stipend.
FISCAL IMPACT: (Monthly Saving from $157.16 to $7590.79)
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s):
PREPARED BY: Mark Hensley, City Attorney
REVIEWED BY: Martha Dijkstra, Director of Human lees we es
APPROVED BY: Greg Carpenter, Hensley, City Manager,
OVERVIEW OF ACTIONS TO BE CONSIDERED BY COUNCIL:
At the December 15, 2015, Regular Council Meeting, the Council took action in response to the
California Public Employees' Retirement System ( "PERS ") inquiries regarding what PERS considered
to be improper treatment of Additional Pay as it related to certain employee groups and the City Clerk 10
and City Treasurer. The City reached an understanding with PERS to resolve a problem that PERS
identified in the City's reporting of Additional Pay (up to $1,200 a month) as compensation to be
counted towards calculating retirement benefits for employees of the Executive and Management -
Confidential groups, and Police Management Association ( "PMA "). PERS maintained that such
amounts should not be included in these individuals' retirement benefit calculation. This amount was
exactly equal to the amount of PEMHCA medical benefits that was being provided to these employees
as well as retired and current elected officials. Under the Government Code and PERS' regulations,
employer contributions to medical benefits may not be reported as compensation to PERS.
To resolve this problem with PERS and these groups of employees, Council increased the employees'
pay schedules by $1,081 per month and only contributes the PEMHCA minimum of $125 per month
(for 2016) towards these employees' PEMHCA medical benefits. This effectively kept these employees
whole as they were still receiving comparable total compensation (salary and benefit payment). The
employees now have the option of accepting this monthly medical payment of $125 and supplementing
it with their own income for the level of medical coverage they wish to obtain. As part of the resolution
of the Additional Pay issue, when these employees retire they will be eligible for City contributions of
up to $1,200 monthly through a combination of the PEMHCA minimum amount, supplemented by a the
City contribution to a health reimbursement account.
The retired and current elected officials, except the City Clerk and City Treasurer, never had the option
of having Additional Pay counted towards calculating their retirement benefits, but rather, could only
utilize these monies to pay for medical benefits. Thus, PERS did not have any issues with the way the
retired and current elected officials utilized Additional Pay, except with the City Clerk and the City
Treasurer. The contributions provided to the retired and current Council Members were in compliance
with the Government Code and PERS' regulations.
PEMHCA provides for what is called an equal contribution rule. This means that all members within a
particular work related group must receive the same City contribution toward PEMHCA health
insurance whether they are actively employed or retired. Further, Council has historically been tied to
the Executive Management Group for medical and other benefits, as Council members must be tied to a
non - safety employee group for this purpose (See, Government Code Section 53208.5). Because the
Executive Group's medical payment is now $125 per month, this contribution level will apply to
retirees in this group and, by extension, to the retired and current Council Members. In other words,
City's contribution for retired and current Council Members will be reduced from $1,200 a month to
$125 per month. The settlement with PERS kept current employees whole for medical benefit purposes
as they receive a higher base salary of $1,081 per month plus $125 contributed toward health
insurance. The employees can use the extra salary toward paying their health insurance premiums.
Additionally, current retirees and current employees upon their retirement, will be receiving
contributions to a health reimbursement account to supplement the statutory minimum PEMHCA
contribution made by the City, for a maximum up to $1200 per month. They are kept whole with a total
payment of $1,200 for health insurance when they retire.
The retired and current elected officials, on the other hand, will see a significant reduction in City
contribution toward current and retiree health insurance unless the Council takes action. Under the
Government Code, the City Council, for benefit purposes, can be tied to any recognized non - safety
group within the City. The City Manager is recommending the Council consider tying the Council's
benefits with the miscellaneous group of PSSEA, the members of which currently receive a monthly
City contribution of $1160.71 toward PEMHCA health insurance, applicable to active employees and
retirees. This would result in the retired and current City Council Members receiving all but $39.29 per
month of the total contributions they are currently receiving or expect to receive.
149
If the Council keeps the retired and current Council Members benefits tied to the Executive
Management Group, it will result in an approximate $7,950.79 savings per month to the City as retired
and current Council Members will be required to pay for all but $125 of their medical premiums. If the
Council ties the retired and current Council Members to the PSSEA, it will result in an approximate
savings of $157.16 per month to the City, but will continue to provide a comparable level of medical
benefits to current and retired Council members.
With regard to the City Treasurer and City Clerk, they have been treated the same as the Executive
Management Group with respect to Additional Pay — it was included in their retirement income
calculation. Accordingly, it is being recommended that the Council correct the Additional Pay issue
with the City Clerk and Treasurer by increasing their stipend/pay by $1,075 per month and have them
receive them same $125 per month PEMHCA payment that the Executive Management Group receives.
Just like the Executive Management Group, the result is no net additional costs to the City with regard
to how these elected officials are being compensated. They would also be entitled to $1,200 a month in
retiree health benefits if they otherwise are eligible for retiree health benefits, comprised of the
PEMHCA minimum payment and a contribution to a health reimbursement account of the difference
between the PEMHCA contribution and $1,200 per month.
150
ELECTED OFFICIALS (COUNCIL)
HEALTH ENROLLMENT
Active Councilmembers
Name
Monthly
Premium
Monthly Savings if Medical
Contribution Reduced
from $1200 to $125
Monthly Savings if
Medical Contribution
Reduced from $1200
to $1160.71
$39.29
Atkinson, David
$1556.75
$1075.00
Dugan, Mike
$984.48
$859.48
N/A
Fuentes, Suzanne
$598.75
$473.75
N/A
Jacobson, Carl
$1333.82
$1075.00
$39.39
Total
McDowell, Hobart
$3483.23
$78.58
Retired Councilmembers
Name
Monthly
Premium
Monthly Savings if Medical
Contribution Reduced
from $1200 to $125
Monthly Savings if
Medical Contribution
Reduced from $1200
to $1160.71
Bue, William
$816.08
$691.08
N/A
Fisher, William
$1200
$1075
$39.29
Gaines, Susan
$566.53
$441.53
N/A
Jacobs, Sandra
$408.04
$283.04
N/A
McDowell, Hobart
$1200
$1075
$39.29
Wernick, Nancy
$666.91
$541.91
N/A
Total
$4107.56
$78.58
151
RESOLUTION NO.
A RESOLUTION AMENDING CHAPTER W (ELECTIVE AND
APPOINTIVE OFFICERS) FOR THE EL SEGUNDO ADMINISTRATIVE
CODE.
The City Council of the City of El Segundo does resolve as follows:
Section 1: Sections 1A1.020 of Chapter lAl (Elective and Appointive Officers) of Title IA
of the "El Segundo Administrative Code" is hereby amended to read as follows
SECTION 1A1.020 RATES — ELECTIVE OFFICERS
(A) City Clerk. Pursuant to Government Code §36517, the City Clerk will receive a salary of
two thousand three hundred and seventy five dollars ($2375) per month as compensation for
serving as City Clerk. In addition, the City Clerk may also be reimbursed for actual and necessary
expenses incurred in the performance of the City Clerk's official duties as determined by City
Council Resolution.
(B) City Treasurer. Pursuant to Government Code §36517, the City Treasurer will receive a
salary of two thousand three hundred and seventy five dollars ($2375) per month as compensation
for serving as City Treasurer. In addition, the City Treasurer may also be reimbursed for actual and
necessary expenses incurred in the performance of the City Treasurer's official duties as
determined by City Council Resolution.
Section 2: The City Clerk is directed to certify the adoption of this Resolution, record this
Resolution in the book of the City's original resolutions, and make a minute of this adoption of the
Resolution in the City Council's records and the minutes of this meeting.
Section 3: This Resolution will become effective immediately and will remain effective
unless repealed or superseded.
PASSED AND ADOPTED this 15th day of March , 2016.
Suzanne Fuentes,
Mayor
152
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Resolution No.
was duly passed and adopted by said City Council, approved and signed by the Mayor,
and attested to by the City Clerk, all at a regular meeting of said Council held on the 15th day of
March, 2016, and the same was so passed and adopted by the following vote:
AYES:
2016.
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 15`h day of March,
--2-
Tracy Weaver, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger
Assistant City Attorney
153
EL SEGUNDO CITY COUNCIL MEETING DATE: March 15, 2016
AGENDA STATEMENT AGENDA HEADING: Reports — City Clerk
/TM DI►I 17J =P] M1417 f91 MIN
Consideration and possible action regarding the City's plan to consolidate future
municipal elections with the statewide election in light of Senate Bill 415.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to prepare a plan to consolidate future elections with the statewide
election no later than the November 8, 2022 election, with the plan to be brought
back to the City Council for its consideration by mid -2017; and/or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. SB 415
2. Comparison of the City's Stand Alone Election 2014 turnout against average of last
four (4) November Statewide General Elections
FISCAL IMPACT: N/A
ORIGINATED BY: Tracy Weaver, City Clerk`s
REVIEWED BY: City Attorney's office pp��
APPROVED BY: Greg Carpenter, City Manager 74C
BACKGROUND AND DISCUSSION:
Local Election Must be Consolidated with Statewide Election no later than 2022
On September 1, 2015, Governor Brown signed into law Senate Bill No. 415 (Hueso) ( "SB
415 ") regarding consolidation of municipal elections with statewide elections. Commencing
January 1, 2018, SB 415 prohibits certain political subdivisions, as defined, from holding an
election other than on a statewide election date. SB 415 requires political subdivisions to
compare the voter turnout in the political subdivision's regularly scheduled election to the voter
turnout within the political subdivision for the previous four statewide general elections. If the
voter turnout for political subdivision's regularly scheduled election is at least 25% less than the
average voter turnout within the political subdivision for the previous four statewide general
elections, then the political subdivision must consolidate its election with the state.
According to the data compiled by the City's election consultant, Martin & Chapman, (Refer to
attachment 2), El Segundo's average voter turnout for the previous four statewide elections was
68.96 %, while the voter turnout for the most recent municipal stand -alone election was 28.451X.
Although the law does not specify which municipal election is to be compared with the statewide
1
154
general elections, if we compare the most recent City election, the difference exceeds 25% in
voter turnout. Thus, it appears that the new law applies to El Segundo.
If, by January 1, 2018, the City adopts a plan to consolidate a future election with a statewide
election not later than the November 8, 2022 statewide general election, then the City may
continue its current practice of holding elections on non - statewide election dates until the plan is
adopted. In other words, the City may continue its current practice of holding City elections on
non - statewide election dates for now, but the City must begin to create a plan that would
consolidate future City elections with statewide elections. The new law does not impact the
City's upcoming April 2016 election.
RECOMMENDATION:
Staff recommends the City Council direct staff to develop a plan to consolidate the City's future
elections with the statewide election not later than the November 8, 2022 statewide general
election. If so directed, staff will bring the plan back to the City Council for its consideration
before mid -year of 2017.
2
155
Bill Text - SB -415 Voter participation.
Page 1 of 2
+�« � rI EGI i��Z L�l,
LSLATIVE INFORMATION
SB -415 Voter participation. (2015 -2016)
Senate Bill No. 415
CHAPTER 235
An act to add Chapter 1.7 (commencing with Section 14050) to Division 14 of the Elections Code,
relating to elections.
E Approved by Governor September 01, 2015. Filed with Secretary of State
September 01, 2015. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 415, Hueso. Voter participation.
Existing law generally requires all state, county, municipal, district, and school district elections be held on an
established election date. Existing law also establishes certain dates for statewide elections. Existing law
requires any state, county, municipal, district, and school district election held on a statewide election date to
be consolidated with a statewide election, except as provided.
This bill, commencing January 1, 2018, would prohibit a political subdivision, as defined, from holding an
election other than on a statewide election date if holding an election on a nonconcurrent date has previously
resulted in voter turnout for a regularly scheduled election in that political subdivision being at least 25% less
than the average voter turnout within the political subdivision for the previous 4 statewide general elections,
except as specified.
This bill would require a court to implement appropriate remedies upon a violation of this prohibition. The bill
would authorize a voter who resides in a political subdivision where a violation is alleged to file an action in
superior court to enforce this prohibition, and it would allow a prevailing plaintiff other than the state or political
` subdivision to collect a reasonable attorney's fee and litigation expenses, as provided.
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.7 (commencing with Section 14050) is added to Division 14 of the Elections Code, to
read:
CHAPTER 1.7. Voter Participation
14050. This chapter shall be known and may be cited as the California Voter Participation Rights Act.
14051. As used in this chapter:
(a) "Political subdivision" means a geographic area of representation created for the provision of government
services, including, but not limited to, a city, a school district, a community college district, or other district
organized pursuant to state law.
156
http: / /leginfo. legislature. ca. gov / faces/ bilINavClient .xhtml ?billl- id= 201520160SB415 3/9/2016
Bill Text - SB -415 Voter participation.
Page 2 of 2
(b) "Significant decrease in voter turnout" means the voter turnout for a regularly scheduled election in a
political subdivision is at least 25 percent less than the average voter turnout within that political subdivision for
the previous four statewide general elections.
(c) "Voter turnout" means the percentage of voters who are eligible to cast ballots within a given political
subdivision who voted.
14052. (a) Except as provided in subdivision (b), a political subdivision shall not hold an election other than on a
statewide election date if holding an election on a nonconcurrent date has previously resulted in a significant
decrease in voter turnout.
(b) A political subdivision may hold an election other than on a statewide election date if, by January 1, 2018,
the political subdivision has adopted a plan to consolidate a future election with a statewide election not later
than the November 8, 2022, statewide general election.
14053. Upon a finding of a violation of subdivision (a) of Section 14052, the court shall implement appropriate
remedies, including the imposition of concurrent election dates for future elections and the upgrade of voting
equipment or systems to do so. In imposing remedies pursuant to this section, a court may also require a
county board of supervisors to approve consolidation pursuant to Section 10402.5.
14054. In an action to enforce subdivision (a) of Section 14052, the court shall allow the prevailing plaintiff other
than the state or political subdivision of the state, a reasonable attorney's fee consistent with the standards
established in Serrano v. Priest (1977) 20 Cal.3d 25, 48 -49, and litigation expenses including, but not limited
to, expert witness fees and expenses as part of the costs. A prevailing defendant shall not recover any costs,
unless the court finds the action to be frivolous, unreasonable, or without foundation.
14055. A voter who resides in a political subdivision where a violation of subdivision (a) of Section 14052 is
alleged may file an action pursuant to that section in the superior court of the county in which the political
subdivision is located.
14056. This chapter does not apply to special elections.
14057. This chapter shall become operative on January 1, 2018.
157
http://leginfo. legislature. ca. gov / faces /billNavClient .xhtml ?bill_id= 201520160SB415 3/9/2016
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TO BE DELIVERED UNDER SEPARATE COVER
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
12. Consideration and possible action to direct staff to analyze and report back
on traffic issues at the intersection of Main Street and Maple Ave.
(Fiscal Impact: None)
Recommendation — 1) Direct staff to prepare a report on traffic issues at the
intersection of Main Street and Maple Ave; 2) Alternatively, discuss and take other
action related to this item.
12
.e