HomeMy WebLinkAboutC-2649WILLIAM T FUJIOKA
Chief Executive Officer
County of Los Angeles
CHIEF EXECUTIVE OFFICE
Kenneth Hahn Hall of Administration
500 West Temple Street, Room 713, Los Angeles, California 90012
(213) 974 -1101
http://ceo.lacounty.gov
July 14, 2011
Tony Trabbie, Fire Chief
Arcadia Fire Department
710 S. Santa Anita Avenue
Arcadia, CA 91006
Dear Chief Trabbie:
2010 HOMELAND SECURITY GRANT AGREEMENT
,1100-50
C,- 264q
Board of Supervisors
GLORIA MOLINA
First District
MARK RIDLEY- THOMAS
Second District
ZEV YAROSLAVSKY
Third District
DON KNABE
Fourth District
MICHAEL D. ANTONOVICH
Fifth District
Enclosed for your files is an executed 2010 Homeland Security Grant Agreement
between your City and the County of Los Angeles. This Agreement provides the basis
for the City to make approved expenditures and seek reimbursement under the grant.
However, prior to the City moving forward and if appropriate, request(s) for sole source
procurement, as well as aviation, watercraft, and environmental approvals, if applicable,
must be secured from the State.
If you have any questions regarding this Agreement should be directed to me at
ckindler ceo.lacounty.gov or (213) 974 -1154. Questions about requests for sole
source procurement and aviation, watercraft, and environmental approvals should be
directed to Heather Singh at hsingh(a)_ceo.lacounty.gov or (213) 974 -2319.
Sincerely yours,
WILLIAM T FUJIOKA
Chief Executive Officer
f
Carol Kindler, Manager
Chief Executive Office
WTF:CK:hgdrive
Enclosure
c: Kurt Norwood, Deputy Fire Chief
Arcadia Fire Department (w /o enclosure)
Grants /SHSGP 10 /Subrecipient Agreements /Agreements and Transmittals—Final Word Docs/
Arcadia Approved Agreement Transmittal
"To Enrich Lives Through Effective And Caring Service"
Subrecipient Agreement
Between the County of Los Angeles and
The City of Arcadia
Grant Year 2010
Homeland Securitv Grant Program
SUBRECIPIENT AGREEMENT
BETWEEN THE COUNTY OF LOS ANGELES
AND
THE CITY OF ARCADIA
THIS AGREEMENT ( "Agreement ") is made and entered into by and between the County of
Los Angeles, a political subdivision of the State of California (the "County of Los Angeles" ),
and the City of Arcadia, a public agency (the "Subrecipient ")
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security Title 28 C.F.R. through the
Office of Grants and Training (G &T), has provided financial assistance from the Homeland
Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) 97.067 directly to
the California Emergency Management Agency (Cal EMA) for the 2010 Homeland Security
Grant Program (HSGP); and
WHEREAS, the Cal EMA, provides said funds to the Los Angeles County Chief
Executive Officer (CEO) as its Subgrantee, and CEO is responsible for managing and
overseeing the HSGP funds that are distributed, by CEO, to other specified jurisdictions
within Los Angeles County; and
WHEREAS, this financial assistance is being provided to the Subrecipient in order to
address the unique equipment, training, exercise and planning management needs of the
Subrecipient, and to assist the Subrecipient in building effective prevention and protection
capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the CEO as Subgrantee has obtained approval of an HSGP 2010 grant
from Cal EMA for the Subrecipient in the amount of $99,318; and
WHEREAS, the CEO now wishes to distribute HSGP grant funds to the Subrecipient,
as further detailed in this Agreement; and
WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities
providing for re- allocation and use of these funds; and to execute all future amendments,
modifications, extensions, and augmentations relative to the subrecipient agreements, as
necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing
this Agreement, and the County Board of Supervisors on February 8, 2011 authorized the
CEO to prepare and execute this Agreement.
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
Grants/HSGP 2010 /Subrecipient Agreements /Arcadia
SECTION I
INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its
principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street,
Los Angeles, CA 90012; and
B. City of Arcadia, a public agency, having its principal office at 240 W. Huntington Drive,
Arcadia, CA 91007.
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer this
Agreement and to whom formal notices, demands and communications shall be given
are as follows:
1. The representative of the County of Los Angeles shall be, unless otherwise
stated in this Agreement:
Carol Kindler, Manager
Chief Executive Office, Los Angeles County (LAC)
500 W. Temple Street, Room 754
Los Angeles, CA 90012
Phone: (213) 974 -1154
Fax: (213) 687 -3765
ckindler@ceo.lacounty.gov
With a copy to:
Heather Singh, Grants Manager
Chief Executive Office, LAC
500 W. Temple Street, Room 754
Los Angeles, CA 90012
Phone: (213) 974 -2319
Fax: (213) 687 -3765
hsingh @ceo.lacounty.gov
2
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
2. The representative of Subrecipient shall be:
Name and
Title: T•ovu,.1 L. . TW,bbL4L,
Organization Ayr�"
Address: Ito S . So.•v�t-o- Aw--� Av+ -"•��'
City /State /Zip: A" -a , CA 910 o G
Phone: 6 216 . 51 Lt . 5710
1
Fax: 6:1b. 44 6. 7410
Email: itY.- bb•ie,&- c,i . a- rc.�.�,A, • ca • vS
With a copy to:
Name and
Title:
Organization
Address:
? t o S
City /State /Zip:
Ate•-• cA 9 I a 6(0
Phone:
6Z.b . 574- Stn k
Fax:
Lf 4,6. 74'o
Email:
clhane-y tD c i . o- r cA- • vs
B. Formal notices, demands and communications to be given hereunder by either party
shall be made in writing and may be effected by personal delivery or by registered or
certified mail, postage prepaid, return receipt requested and shall be deemed
communicated as of the date of mailing.
C. If the name and /or title of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall be
given, in accord with this section, within five (5) business days of said change.
3
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the County of Los Angeles. No employee of Subrecipient is, or shall be,
an employee of the County of Los Angeles by virtue of this Agreement, and
Subrecipient shall so inform each employee organization and each employee who is
hired or retained under this Agreement. Subrecipient shall not represent or otherwise
hold out itself or any of its directors, officers, partners, employees, or agents to be an
agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide the following signed documents to the County of
Los Angeles, unless otherwise exempted:
A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A and
made a part hereof, in accordance with §411.A.14 of this Agreement. Subrecipient
shall also file a Disclosure Form at the end of each calendar quarter in which there
occurs any event requiring disclosure or which materially affects the accuracy of the
information contained in any Disclosure Form previously filed by Subrecipient.
B. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion,
attached hereto as Exhibit B and made a part hereof, as required by Executive Order
12549 in accordance with §411.A.12 of this Agreement.
C. Certification Regarding Drug -Free Workplace, attached hereto as Exhibit C and made
a part hereof, in accordance with §411.A.13 of this Agreement.
D. Certification of Grant Assurances — Non - Construction Programs, attached hereto as
Exhibit D and made a part hereof, in accordance with §411.0 of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence upon execution by all parties and shall
expire on the later of February 28, 2013, or if as of such date, not all activities required
by this Agreement have been completed, then the Agreement shall expire on such
later date that all such required activities, including close -out activities, are completed.
Said term is subject to the provisions herein.
4
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually
approved budget/expenditure plan, hereinafter "Budget," for the HSGP FY 2010 Grant,
which has been approved by Cal EMA. This information is contained in a copy of the
final grant award letter and a worksheet, attached hereto as Exhibit E.
Any request by Subrecipient to modify the Budget must be made in writing with the
appropriate justification and submitted to CEO for approval. If during the County's
review process, additional information or documentation is required, the Subrecipient
will have ten (10) business days to comply with the request. If the Subrecipient does
not comply with the request, CEO will issue written notification indicating that the
requested modification will not be processed. Modifications must be approved in
writing by the County of Los Angeles and Cal EMA during the term of this Agreement.
Upon approval, all other terms of this Agreement will remain in effect.
Subrecipient shall utilize grant funds in accordance with all Federal regulations and
State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing
funds for program activities, and will not supplant (replace) non - Federal funds.
C. Subrecipient shall review the Federal Debarment Listing at
http : / /www.epls.gov /epls /search.do prior to the purchase of equipment or services to
ensure the intended vendor is not listed and also maintain documentation that the list
was verified.
D. Prior to the purchase of equipment or services utilizing a sole source contract of
$100,000 or more, justification must be presented to CEO, who upon review will
request approval from Cal EMA. Such approval in writing must be obtained prior to
the commitment of funds.
E. Subrecipient shall provide any reports requested by the County of Los Angeles to the
CEO indicating Subrecipient's performance under this Agreement, including progress
on meeting program goals. Reports shall be in the form requested by the County of
Los Angeles, and shall be provided by the 15th of the following month. Subrecipient
shall timely submit claims for reimbursement.
F. Subrecipient shall provide a copy of their Annual Single Audit Report, as required by
Office of Management and Budget circular A -133, to CEO no later than March 31 st of
the year following the reporting period.
G. Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit
finding.
5
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
H. Subrecipient will be monitored by the County of Los Angeles on an annual basis to
ensure compliance with Cal EMA grant program requirements. Said monitoring will
include, at a minimum, one on -site visit during the term of this Agreement.
I. Any equipment acquired pursuant to this Agreement shall be authorized in the G &T
Authorized Equipment List (AEL) available online at http: / /www.rkb.mil)t.org and the
Allowable Cost Matrix to the 2010 Homeland Security Grant Program, Guidance and
Application Kit, incorporated by reference, and attached hereto as Exhibit F.
Subrecipient shall provide the County of Los Angeles a copy of its most current
procurement guidelines and follow its own procurement requirements as long as they
meet or exceed the minimum Federal requirements. Federal procurement
requirements for the HSGP 2010 Grant can be found at OMB Circular A -102, Title 28
C.F.R. Part 66.36, and Office of G &T Financial Guide.
Any equipment acquired or obtained with Grant Funds:
Will be made available under the California Disaster and Civil Defense Master
Mutual Aid Agreement in consultation with representatives of the various fire,
emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant;
2. Will be consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California Disaster
and Civil Defense Master Mutual Aid Agreement and deployed with personnel
trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue
Mutual Aid Plan.
J. Equipment acquired pursuant to this Agreement shall be subject to the requirements of
Title 28, C.F.R. 66.32, 66.33 and Office of G &T Financial Guide. For the purposes of
this subsection, "Equipment" is defined as tangible nonexpendable property, having a
useful life of more than one year which costs $5,000 or more per unit. Items costing
less than $5,000, but acquired under the "Equipment" category of the Grant shall also
be listed on any required Equipment Ledger.
1. Equipment shall be used by Subrecipient in the program or project for which it
was acquired as long as needed, whether or not the project or program
continues to be supported by Federal funds. When no longer needed for the
original program or project, the Equipment may be used in other activities
currently or previously supported by a Federal agency.
2. Subrecipient shall make Equipment available for use on other like projects or
programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or program for
which it was originally acquired. First preference for other use shall be given to
other programs or projects supported by the awarding agency.
6
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
3. An Equipment Ledger shall be maintained listing each item of Equipment
acquired with HSGP funds. The Equipment Ledger must be kept up to date at
all times. Any changes shall be recorded in the Ledger within ten (10) business
days and the updated Ledger is to be forwarded to the County of Los Angeles'
Auditor - Controller Shared Services Division. The Equipment Ledger shall
include: (a) description of the item of Equipment, (b) manufacturer's model and
serial number, (c) Federal Stock number, national stock number, or other
identification number, (d) the fund source /grant year of acquisition of the
Equipment, including the award number, (e) date of acquisition, (f) the per unit
acquisition cost of the Equipment, (g) location and condition of Equipment and
(h) disposition data, including date and sale price , if applicable. Records must
be retained pursuant to Title 28 C.F.R. Part 66.42.
4. All Equipment obtained under this Agreement shall have an appropriate
identification decal affixed to it, and, when practical, shall be affixed where it is
readily visible.
5. A physical inventory of the Equipment shall be taken by the Subrecipient and
the results reconciled with the Equipment Ledger at least once every two years
or prior to any site visit by State or Federal auditors /monitors. The Subrecipient
is required to submit a letter certifying as to the accuracy of the Equipment
Ledger to the County of Los Angeles, in the frequency as above.
K. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed
in FY 2010 Homeland Security Grant Program, Guidance and Application Kit or
subsequent grant year programs.
L. Any training paid pursuant to this Agreement shall conform to the guidelines as listed
in FY 2010 Homeland Security Grant Program, Guidance and Application Kit, and
must be first submitted to CEO and then pre- authorized by Cal EMA. A catalog of
Federally approved and sponsored training courses is available at
http:// www. oip.usdoi.gov /odp /training.htm.
M. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed
in FY 2010 Homeland Security Grant Program, Guidance and Application Kit. Detailed
Homeland Security Exercise and Evaluation Program Guidance is available at
http: / /hseep.dhs.gov.
N. Subrecipient shall provide to County a spending plan detailing the required steps and
timeframes required to complete the approved projects within the grant timeframe.
Subrecipient shall submit the spending plan to County prior to final execution of the
Agreement.
O. Any organization activities paid pursuant to this Agreement shall conform to the
guidelines as listed in FY 2010 Homeland Security Grant Program, Program Guidance
and Application Kit.
7
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
SECTION III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles shall reimburse Subrecipient up to the maximum grant
amount of $99,318 as expenditures are incurred and paid by Subrecipient and all
documentation is reviewed and approved by County. All expenditures shall be for the
purchase of equipment, exercises, training, and planning as described in Section II of
this Agreement. The grant amount represents the amount allocated to Subrecipient in
the FY 2010 HSGP Grant Award Letter from Cal EMA.
B. Subrecipient shall submit invoices to the County of Los Angeles Auditor - Controller
Shared Services Division requesting payment as soon as expenses are incurred and
paid, and the required supporting documentation is available. Said timeframe should
be within ten (10) business days of Subrecipient's payment to vendors and /or
prescribed due dates by CEO and /or Cal EMA. Each reimbursement request shall be
accompanied by the Reimbursement Request Checklist and Form (attached hereto as
Exhibit G). All appropriate back -up documentation must be attached to the
reimbursement form, including invoices, proof of payment and packing slips.
For training reimbursements, Subrecipient must include a copy of the class roster
verifying training attendees, proof that prior approval was obtained from Cal EMA and
a Cal EMA tracking number has been assigned to the course, and timesheets and
payroll registers for all training attendees.
For exercise reimbursements, Subrecipient must enter the After Action Report (AAR)
and Improvement Plan on the State Office of Domestic Preparedness secure portal
within 60 days following completion of the exercise and submit proof of State approval
of the AAR with the reimbursement request.
For planning reimbursements, Subrecipient must include a copy of the final tangible
product as a result of the planning project.
C. County may, at its discretion, and with Cal EMA approval, reallocate unexpended
grant funds to another Subrecipient. Said reallocation may occur upon completion of
an approved project, or by notification to County by Subrecipient that a portion of the
grant funds identified in §301 A., above, will not be utilized. Notwithstanding the
provisions of §502, below, any increase or decrease in the grant amount specified in
§301 A., above, shall not require a written amendment to this Agreement.
D. Payment of final invoice shall be withheld by the County of Los Angeles until the
County has determined that Subrecipient has turned in all supporting documentation
and completed the requirements of this Agreement.
8
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
E. It is understood that the County of Los Angeles makes no commitment to fund this
Agreement beyond the terms set forth herein.
F. 1. Funding for all periods of this Agreement is subject to continuing Federal
appropriation of grant funds for this program. In the event of a loss or reduction of
Federal appropriation of grant funds for this program, the Agreement may be
terminated, or appropriately amended, immediately upon notice to Subrecipient of
such loss or reduction of Federal grant funds.
2. County shall make a good -faith effort to notify Subrecipient, in writing, of such
non - appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and shall
not be deemed to affect the meaning or construction of any of the terms or provisions
hereof. The language of this Agreement shall be construed according to its fair
meaning and not strictly for or against either party.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United
States of America, the State of California, and the County of Los Angeles. This
Agreement shall be enforced and interpreted under the laws of the State of California
and the County of Los Angeles.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a Federal, State or Local Government
having jurisdiction over this Agreement, the validity of the remainder of the Agreement
shall not be affected thereby.
Applicable Federal or State requirements that are more restrictive shall be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the
subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
9
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement
set forth herein, or should any representation made by it be untrue, any aggrieved
party may avail itself of all rights and remedies, at law or equity, in the courts of law.
Said rights and remedies are cumulative of those provided for herein except that in no
event shall any party recover more than once, suffer a penalty or forfeiture, or be
unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the County
of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment;
or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§406. Permits
Subrecipient and its officers, agents and employees shall obtain and maintain all
permits and licenses necessary for Subrecipient's performance hereunder and shall
pay any fees required therefor. Subrecipient further certifies that it will immediately
notify the County of Los Angeles of any suspension, termination, lapse, non renewal or
restriction of licenses, certificates, or other documents.
§407. Nondiscrimination and Affirmative Action
Subrecipient shall comply with the applicable nondiscrimination and affirmative action
provisions of the laws of the United States of America, the State of California, and the
County of Los Angeles. In performing this Agreement, Subrecipient shall not
discriminate in its employment practices against any employee or applicant for
employment because of such person's race, religion, national origin, ancestry, sex,
sexual orientation, age, physical handicap, mental disability, marital status, domestic
partner status or medical condition. Subrecipient shall comply with Executive Order
11246, entitled "Equal Employment Opportunity," as amended by Executive Order
11375, and as supplemented in Department of Labor regulations (41 CRF Part 60).
If required, Subrecipient shall submit an Equal Employment Opportunity Plan ("EEOP ")
to the DOJ Office of Civil Rights ( "OCR ") in accordance with guidelines listed at
http://www.o8p.usdo*.gov/about/ocr/eeop.htm.
Any subcontract entered into by the Subrecipient relating to this Agreement, to the
extent allowed hereunder, shall be subject to the provisions of this §407 of this
Agreement.
10
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is
written in contemplation of the provisions of Section 895.2 of the Government Code of
the State of California, which impose certain tort liability jointly upon public entities,
solely by reason of such entities being parties to an agreement, and the parties agree
that this indemnity provision shall apply and shall be enforceable regardless of
whether Section 895 et seq. is deemed to apply to this Agreement. The parties
hereto, as between themselves, consistent with the authorization contained in
Government Code Sections 895.4 and 895.6 agree to each assume the full liability
imposed upon it or upon any of its officers, agents, or employees by law, for injury
caused by a negligent or wrongful act or omission occurring in the performance of this
Agreement, to the same extent that such liability would be imposed in the absence of
Government Code Section 895.2. To achieve the above - stated purpose, each party
agrees to indemnify and hold harmless the other party for any liability arising out of its
own negligent acts or omissions in the performance of this Agreement (i.e., the
Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for
liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the
County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for
liability arising out of the County of Los Angeles' negligent or wrongful acts or
omissions). Each party further agrees to indemnify and hold harmless the other party
for liability that is imposed on the other party solely by virtue of Government Code
Section 895.2. The provisions of Section 2778 of the California Civil Code are made a
part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self
insured retention of funds to meet any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents
shall participate in selecting, or administrating any subcontract supported (in whole or
in part) by Federal funds where such person is a director, officer, employee or agent of
the subcontractor; or where the selection of subcontractors is or has the appearance
of being motivated by a desire for personal gain for themselves or others such as
family business, etc.; or where such person knows or should have known that:
A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any
prospective employment; or
3. The participation of such person would be prohibited by the California Political
Reform Act, California Government Code §87100 et sect. if such person were a
public officer, because such person would have a "financial or other interest" in
the subcontract.
11
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic partner
and /or those persons related by blood or marriage, such as husband, wife,
father, mother, brother, sister, son, daughter, father in law, mother in law,
brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract, including a
commission or fee, a share of the proceeds, prospect of a promotion or of
future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership: partnership
interest or other beneficial interest of five percent or more; ownership of
five percent or more of the stock; employment in a managerial capacity; or
membership on the board of directors or governing body.
C. The Subrecipient further covenants that no officer, director, employee, or agent shall
solicit or accept gratuities, favors, or anything of monetary value from any actual or
potential subcontractor, supplier, a party to a sub agreement, (or persons who are
otherwise in a position to benefit from the actions of any officer, employee, or agent).
D. The Subrecipient shall not subcontract with a former director, officer, or employee
within a one year period following the termination of the relationship between said
person and the Subrecipient.
E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the
Subrecipient shall disclose to the County of Los Angeles any relationship, financial or
otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or
employees or their immediate family with the proposed subcontractor and its officers,
directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the parties
agree that references shall be made to the guidelines, rules, and laws of the County of
Los Angeles, State of California, and Federal regulations regarding conflict of interest.
G. The Subrecipient warrants that it has not paid or given and will not pay or give to any
third person any money or other consideration for obtaining this Agreement.
H. The Subrecipient covenants that no member, officer or employee of Subrecipient shall
have interest, direct or indirect, in any contract or subcontract or the proceeds thereof
for work to be performed in connection with this project during his /her tenure as such
employee, member or officer or for one year thereafter.
I. The Subrecipient shall incorporate the foregoing subsections of this Section into every
agreement that it enters into in connection with this grant and shall substitute the term
12
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
"subcontractor" for the term "Subrecipient" and "sub subcontractor" for
"Subcontractor ".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of
this Agreement are to be governed by the California Public Records Act (California
Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts
A. Subrecipient shall comply with all applicable requirements of State, Federal, and
County of Los Angeles laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this Agreement.
Subrecipient shall comply with applicable State and Federal laws and regulations
pertaining to labor, wages, hours, and other conditions of employment. Subrecipient
shall comply with new, amended, or revised laws, regulations, and /or procedures that
apply to the performance of this Agreement. These requirements include, but are not
limited to:
1. Office of Management and Budget (OMB) Circulars
Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular
A -21 (Cost Principles for Educational Institutions); OMB Circular A -87 (Cost
Principles for State, Local, and Indian Tribal Governments); OMB Circular
A -102 (Grants and Cooperative Agreements with State and Local
Governments); Common Rule, Subpart C for public agencies or OMB Circular
A -110 (Uniform Administrative Requirements for Grants and Other Agreements
with Institutions of Higher Education, Hospitals and Other Non - Profit
Organizations); OMB Circular A -122 (Cost Principles for Non - Profit
Organizations); OMB Circular A -133 (Audits of States, Local Governments, and
Non - Profit Organizations.
2. Single Audit Act
Since Federal funds are used in the performance of this Agreement,
Subrecipient shall, as applicable, adhere to the rules and regulations of the
Single Audit Act, 31 USC Sec. 7501 et seq.;); OMB Circular A -133 and any
administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the
Americans with Disabilities Act 42, USC § §12101 et sec., and its implementing
regulations. Subrecipient will provide reasonable accommodations to allow
qualified individuals with disabilities to have access to and to participate in its
programs, services and activities in accordance with the provisions of the
Americans with Disabilities Act. Subrecipient will not discriminate against
13
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
persons with disabilities nor against persons due to their relationship to or
association with a person with a disability. Any subcontract entered into by
Subrecipient, relating to this Contract, to the extent allowed hereunder, shall be
subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly
under this Agreement shall be used for any partisan political activity, or to
further the election or defeat of any candidate for public office. Neither shall
any funds provided under this Agreement be used for any purpose designed to
support or defeat any pending legislation or administrative regulation. None of
the funds provided pursuant to this Agreement shall be used for any sectarian
purpose or to support or benefit any sectarian activity.
Subrecipient shall file a Disclosure Form at the end of each calendar quarter in
which there occurs any event requiring disclosure or which materially affects the
accuracy of any of the information contained in any Disclosure Form previously
filed by Subrecipient. Subrecipient shall require that the language of this
Certification be included in the award documents for all sub - awards at all tiers
and that all subcontractors shall certify and disclose accordingly.
5. Records Inspection
At any time during normal business hours and as often as either the County of
Los Angeles, the U.S. Comptroller General or the Auditor General of the State
of California may deem necessary, Subrecipient shall make available for
examination all of its records with respect to all matters covered by this
Agreement. The County of Los Angeles, the U.S. Comptroller General and the
Auditor General of the State of California shall have the authority to audit,
examine and make excerpts or transcripts from records, including all
Subrecipient's invoices, materials, payrolls, records of personnel, conditions of
employment and other data relating to all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County regarding
performance of this Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the County of Los Angeles with respect to all
matters specified in this Agreement. Original forms are to be maintained on file
for all documents specified in this Agreement. Such records shall be retained
for a period five (5) years after termination of this Agreement and after final
disposition of all pending matters. "Pending matters" include, but are not limited
to, an audit, litigation or other actions involving records. The County of
Los Angeles may, at its discretion, take possession of, retain and audit said
records. Records, in their original form pertaining to matters covered by this
14
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
Agreement, shall at all times be retained within the County of Los Angeles
unless authorization to remove them is granted in writing by the County of
Los Angeles.
7. Subcontracts and Procurement
Subrecipient shall, as applicable, comply with the Federal, State and County of
Los Angeles standards in the award of any subcontracts. For purposes of this
Agreement, subcontracts shall include but not be limited to purchase
agreements, rental or lease agreements, third party agreements, consultant
service contracts and construction subcontracts.
Subrecipient shall, as applicable, ensure that the terms of this Agreement with
the County of Los Angeles are incorporated into all Subcontractor Agreements.
The Subrecipient shall submit all Subcontractor Agreements to the County of
Los Angeles for review prior to the release of any funds to the subcontractor.
The Subrecipient shall withhold funds to any subcontractor agency that fails to
comply with the terms and conditions of this Agreement and their respective
Subcontractor Agreement.
8. Labor
Subrecipient shall, as applicable, comply with the Intergovernmental Personnel
Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed requirements for
merit systems for programs funded under one of the 19 statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System Personnel
Administration (5 C.F.R. 900, Subpart F).
Subrecipient shall comply, as applicable, with the provisions of the Davis -Bacon
Act (40 U.S.C. § §276a to 276a -7); the Copeland Act (40 U.S.C. §276c and 18
U.S.C. §874); the Contract Work Hours and Safety Standards Act (40 U.S.C.
§ §327 -333), regarding labor standards for federally- assisted construction
subagreements; and the Hatch Act (5 USC § §1501 -1508 and 7324 - 7328).
Subrecipient shall, as applicable, comply with the Federal Fair Labor Standards
Act (29 U.S.C. §201) regarding wages and hours of employment.
None of the funds shall be used to promote or deter Union /labor organizing
activities. CA Gov't Code Sec. 16645 et seg.
9. Civil Rights
Subrecipient shall, as applicable, comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education Amendments of 1972,
as amended (20 U.S.C. § §1681- 1683, and 1685- 1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
15
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis
of disabilities; (d) The Age Discrimination act of 1975, as amended (42 U.S.C.
§ §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug
Abuse Office and Treatment Act of 1972 (P. L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to
non - discrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application
for Federal assistance is being made; Q) the requirements of any other
nondiscrimination statute(s) which may apply to the application; and (k) P.L.
93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
10. Environmental
Subrecipient shall, as applicable, comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair
and equitable treatment of persons displaced or whose property is acquired as
a result of Federal or federally- assisted programs. These requirements apply to
all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
Subrecipient shall comply, as applicable, with environmental standards which
may be prescribed pursuant to the following: (a) institution of environmental
quality control measures under the National Environmental Policy Act of 1969
(P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to
EO 11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. § §1451 et seq.); (f) conformity of Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. § §7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as
amended (P.L. 93 -523); (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood
Disaster Protection Act of 1973 §102(a) (P. L. 93 -234).
Subrecipient shall, as applicable, comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. § §1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
16
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
Subrecipient shall, as applicable, comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -
based paint in construction or rehabilitation of residence structures.
Subrecipient shall, as applicable, comply with the Federal Water Pollution
Control Act (33 U.S.C. §1251 et seq.) which restores and maintains the
chemical, physical and biological integrity of the Nation's waters.
Subrecipient shall, as applicable, ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment of this project
are not listed in the Environmental Protection Agency's (EPA) list of Violating
Facilities and that it will notify the Federal Grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing
by the EPA.
By signing this Agreement, Subrecipient ensures that it is in compliance with
the California Environmental Quality Act (CEQA), Public Resources Code
§21000 et seg.
Subrecipient shall, as applicable, comply with the Energy Policy and
Conservation Act (P.L. 94 -163, 89 Stat. 871).
Subrecipient shall comply, as applicable, with the provision of the Coastal
Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et.
seq.) which prohibits the expenditure of most new Federal funds within the units
of the Coastal Barrier Resources System.
11. Preservation
Subrecipient shall, as applicable, comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. § §469a -1 et seq.).
12. Suspension, Debarment, Ineligibility and Voluntary Exclusion
Subrecipient shall, as applicable, comply with Title 28 C.F.R. Volume 67,
Number 228, regarding Suspension and Debarment, and Subrecipient shall
submit a Certification Regarding Debarment, attached here to as Exhibit B,
required by Executive Order 12549 and any amendment thereto. Said
Certification shall be submitted to the County of Los Angeles concurrent with
the execution of this Agreement and shall certify that neither Subrecipient nor
its principals are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in this transaction
by any Federal department head or agency. Subrecipient shall require that the
language of this Certification be included in the award documents for all sub -
award at all tiers and that all subcontractors shall certify accordingly.
17
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
13. Drug -Free Workplace
Subrecipient shall, as applicable, comply with the federal Drug -Free Workplace
Act of 1988, 41 USC §701, Title 28 Code of Federal Regulations (CFR) Part 67;
the California Drug -Free Workplace Act of 1990, CA Gov't Code § §8350 -8357,
and Subrecipient shall complete the Certification Regarding Drug -Free
Workplace Requirements, attached hereto as Exhibit C, and incorporated
herein by reference. Subrecipient shall require that the language of this
Certification be included in the award documents for all sub -award at all tiers
and that all subcontractors shall certify accordingly.
14. Lobbying Activities
Subrecipient shall, as applicable, comply with 31 U.S.C. 1352 and complete the
Disclosure of Lobbying Activities, (OMB 0038 - 0046), attached hereto as
Exhibit A, and incorporated herein by reference.
15. Miscellaneous
Subrecipient shall, as applicable, comply with the Laboratory Animal Welfare
Act of 1966, as amended (P.L. 89 -544, 7 USC § §2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
Subrecipient shall comply with all applicable requirements of State and Federal laws,
executive orders, regulations, program and administrative requirements, policies and
any other requirements governing this particular grant program. Subrecipient shall, as
applicable, comply with new, amended, or revised laws, regulations, and /or
procedures that apply to the performance of this Agreement. These requirements
include, but are not limited to:
1. Title 28 CFR Part 66; EO 12372; (Financial Management Guide US Department
of Homeland Security Directorates Preparedness January 2006, Financial
Guide); U.S. Department of Homeland Security, Office of State and Local
Government Coordination and Preparedness, Office for Domestic
Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil
Rights.
Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code Chapter 7 of
Division 1 of Title 2, §8607.1(e) and CCR Title 19, § §2445 -2448.
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures; Part 20,
Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in
18
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
State and Local Government Services; Part 38, Equal Treatment of Faith -based
Organizations; Part 42, Nondiscrimination /Equal Employment Opportunities
Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to Federal
Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform
Administrative Requirements for Grants and Cooperative Agreements (including
sub - awards) with Institutions of Higher Learning, Hospitals and other Non - Profit
Organizations; and Part 83, Government -Wide Requirements for a Drug Free
Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7100.1, and all other applicable Federal
laws, orders, circulars, or regulations.
2. Travel Expenses
Subrecipient, as provided herein, shall be compensated for Subrecipient's
reasonable travel expenses incurred in the performance of this Agreement, to
include travel and per diem, unless otherwise expressed. Subrecipient's total
travel for in -State and /or out -of -State and per diem costs shall be included in
the contract budget(s). All travel including out -of -State travel not included in the
budget(s) shall not be reimbursed without prior written authorization from the
County of Los Angeles.
Subrecipient's administrative - related travel and per diem reimbursement costs
shall be reimbursed based on the Subrecipient's policies and procedures. For
programmatic - related travel costs, Subrecipient's reimbursement rates shall not
exceed the amounts established by the County of Los Angeles.
3. Noncompliance
Subrecipient understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant funds,
and repayment by the Subrecipient to the County of Los Angeles of any
unauthorized expenditures.
C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the
County of Los Angeles to sign certain promises regarding the way the grant funds
would be spent. These requirements are included in the 2010 Program Guidance
and Application Kit and in the "Grant Assurances ", attached hereto as Exhibit D. By
signing these Grant Assurances and accepting the Program Guidances, the County
19
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
of Los Angeles became liable to the State for any funds that are used in violation of
the grant requirements. Subrecipient shall be liable to the Grantor for any funds the
State determines that Subrecipient used in violation of these Grant Assurances.
Subrecipient shall indemnify and hold harmless the County of Los Angeles for any
sums the State or Federal government determines Subrecipient used in violation of
the Grant Assurances.
§412. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of the Subrecipient as an
independent party and not of the County of Los Angeles and shall be paid prior to
requesting reimbursement. However, these taxes are an allowable expense under the
grant program.
§413. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or otherwise
under Title 35 of the U.S. Code, including, without limitation, processes and business
methods made in the course of work under this Agreement, the Subrecipient shall
report the fact and disclose the Invention promptly and fully to the County of
Los Angeles. The County of Los Angeles shall report the fact and disclose the
Invention to the State. Unless there is a prior agreement between the County of
Los Angeles and the State, the State shall determine whether to seek protection on
the Invention. The State shall determine how the rights in the Invention, including
rights under any patent issued thereon, will be allocated and administered in order to
protect the public interest consistent with the policy ( "Policy ") embodied in the Federal
Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections
200 et seq. (Pub. L. 95 -517, Pub. L. 98 -620, Title 37 CFR Part 401); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive
Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87,
52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order
12618,12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient
hereby agrees to be bound by the Policy, and will contractually require its personnel to
be bound by the Policy.
B. Rights to Use Inventions
County of Los Angeles shall have an unencumbered right, and a non - exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others
to do so for all government purposes, any Invention developed under this Agreement.
C. Copyright Policy
Unless otherwise provided by the terms of the State or of this Agreement, when
copyrightable material (Material) is developed under this Agreement, the
County of Los Angeles, at the County's discretion, may copyright the Material.
20
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
If the County of Los Angeles declines to copyright the Material, the County of
Los Angeles shall have an unencumbered right, and a non - exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon, and allow
others to do so for all government purposes, any Material developed under this
Agreement.
2. The State shall have an unencumbered right, and a non - exclusive, irrevocable,
royalty -free license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this Agreement
or any Copyright purchased under this Agreement.
3. Subrecipient shall comply with Title 24 CFR 85.34.
D. Rights to Data
The State and the County of Los Angeles shall have unlimited rights or copyright
license to any data first produced or delivered under this Agreement. "Unlimited
rights" means the right to use, disclose, reproduce, prepare derivative works, distribute
copies to the public, and perform and display publicly, or permit others to do so; as
required by Title 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401
or 402, the State acquires the data under a copyright license as set forth in Title 48
CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient shall require all subcontractors to comply with the obligations of this
section by incorporating the terms of this section into all subcontracts.
§414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient shall comply with California Family
Code Section 5230 et seq. as applicable.
§415. Minority, Women. And Other Business Enterprise Outreach Program
It is the policy of the County of Los Angeles to provide Minority Business Enterprises,
Women Business Enterprises and all other business enterprises an equal opportunity
to participate in the performance of all Subrecipient's contracts, including procurement,
construction and personal services. This policy applies to all the Subrecipient's
contractors and sub - contractors.
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia 21
SECTION V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this
Agreement within the time specified by this Agreement, the non - breaching party
reserves the right to terminate the Agreement, reserving all rights under State and
Federal law.
§502. Amendments
Any change in the terms of this Agreement which are agreed to by the Subrecipient
and County of Los Angeles must be incorporated into this Agreement by a written
amendment properly executed and signed by the persons authorized to bind the
parties thereto. Any increase or decrease in the grant amount specified in §301 A.,
above, shall not require a written amendment to this Agreement.
SECTION VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties.
Neither verbal agreement nor conversation with any officer or employee of either party
shall affect or modify any of the terms and conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement may be executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes (23) pages and (7) Exhibits which
constitute the entire understanding and agreement of the parties.
22
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this
Agreement to be executed by their duly authorized representatives.
COUNTY OF LOS ANGELES
By
WILLIAM 45UJI
Chief Exec ive Officer
By
SACHI A. HAMAI
Executive Officer, Board of Supervisors
APPROVED AS TO FORM
ANDREA SHERIDAN ORDIN
County Counsel
BY
Principal Deputy C unty Counsel
BY+--�
City Representative/Title
Donald Penman, Citv Manager
APPROVED AS TO FORM
BY
City Attorney
Stephen P. Deitsch
ATTEST
7•17•1I
Date
1 w
WEN WATANABE
Auditor - Controller
6/, 1 ,,
Date
5 (31' I 1
Date
BY
City Clerk bate
23
Grants /HSGP 2010 /Subrecipient Agreements /Arcadia
EXHIBITS
Exhibit A Certification and Disclosures Regarding Lobbying
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions and
Exhibit C Certification Regarding Drug -Free Workplace
Exhibit D Grant Assurances
Exhibit E Final Grant Award Letter and Worksheets
Exhibit F Allowable Cost Matrix
Exhibit G Reimbursement Request Checklist and Form
EXHIBIT A
CalEMA 2 -232
Approved by OMB 0348 -0046
DISCLOSURE OF LOBBYING ACTIVITIES
ComDlete this form to disclose lobbvina activities Dursuant to 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action:
3. Report Type:
6
a. contract a. bid /offer /application
a a. initial filing
�
b. material change
b. grant b. initial award
c. cooperative agreement c. post -award
d. loan
For Material Change Only:
e. loan guarantee
Year Quarter
f. loan insurance
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee,
I}rc�d.:si. z4 o W , (�•Ft,�.s{�.� D7 , /4ve.aJ.�.. � Gk 9tao
Enter Name and Address of Prime:
,
or Las ANCi Lei
Prime Subawardee
C 00 Id. ) bgpc t S)areT
Tier, If known:
L'o A At (,R S u4 9 0011
Congressional District, if known: 2.6
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name /Description:
U . S • D ✓1+�.M - 6� �-{ + -l�^^d S
Ste- ACV -LLL_ J S4tA).k+y Frnva-,n
CFDA Number, if applicable: 9 7. o 67
8. Federal Action Number, if known:
9. Award Amount, if known: 3(%
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services
(if individual, last name, first name, MI):
(attach Continuation Sheet(s) SF- LLL -A, if necessary)
(last name, first name, MI - include address if different from 10a)
N �'4
N ('A
11. Amount of Payment (check all that apply)
13. Type of Payment (check all that apply):
t4 Actual Planned
a. retainer
fj b. one -time fee
12. Form of Payment (check all that apply):
Lia. cash
c. commission
b. in -kind; specify: N / A
q d. contingent fee
e. deferred
nature value
f. other; specify: N 1A
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or
Member(s) contacted, for Payment indicated in item 11: (attach Continuation Sheet(s) SF- LLL -A, if necessary)
N �A
15. Continuation Sheet(s) SF -LLL -A attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352.
Signature: .
This disclosure of lobbying activities is a material representation of fact upon which
Name: L •
reliance was placed by the tier above when this transaction was made or entered into.
Ckv
This disclosure is required pursuant to 31 U.S.C. 1352. This information will be
Title:
reported to the Congress semi - annually and will be available for public inspection. Any
Telephone: _ 616. 574. S io
person who fails to file the required disclosure shall be subject to a civil penalty of not
(area code)
less than $10,000 and not more than $100,000 for each such failure.
Date: 5. 2-(,. 2.01
Federal Use Only:
Authorized for Local Reproduction
Standard Form — LLL
Disclosure of Lobbying Activities - CaIEMA 2 -232 (Revised 2/1/2009)
Approved by OMB 0348 -0046
DISCLOSURE OF LOBBYING ACTIVITIES
CONCONTINUATION SHEET
Continuation of 10 a -b: additional sheets may be added if necessary
Reporting Entity:
Last Name First Name MI
Address
City
Zip
Last Name
First Name
MI
Address
City
Zip
Last Name
First Name
MI
Address
City
Zip
Last Name
First Name
MI
Address
City
Zip
Continuation of 14: (additional sheets may be added if necessary)
Brief Description of Services and Payments indicated in item 11:
Authorized for Local Reproduction
Standard Form — LLL -A
Disclosure of Lobbying Activities - CalEMA 2 -232 (Revised 2/1/2009)
Ca[EMA 2 -232
Approved by OMB 0348 -0046
INSTRUCTIONS FOR COMPLETION OF SF -LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub - awardee or prime Federal
recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,
pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement
to make payment to any lobbying entity 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 a covered Federal action. Use the SF -LLL -A Continuation
Sheet for additional information if the space on the form is inadequate. Complete all items that apply for
both the initial filing and material change report. Refer to the implementing guidance published by the
Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured
to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow -up report caused by a
material change to the information previously reported, enter the year and quarter in which the
change occurred. Enter the date of the last previously submitted report by this reporting entity
for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include
Congressional District, if known. Check the appropriate classification of the reporting entity that
designates if it is, or expects to be, a prime or sub -award recipient. Identify the tier of the
subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are
not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name,
address, city, state and zip code of the prime Federal recipient. Include Congressional District, if
known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least
one organizational level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If
known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,
cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified
in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub -grant
announcement number; the contract, subgrant, or loan award number; the application /proposal
control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001."
9. For a covered Federal action where there has been an award or loan commitment by the
Federal agency, enter the Federal amount of the award /loan commitment for the prime entity
identified in item 4 or 5.
Disclosure of Lobbying Activities - CalEMA 2 -232 (Revised 2/1/2009)
CaIEMA 2 -232
Approved by OMB 0348 -0046
10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the
reporting entity identified in item 4 to influence the covered Federal action.
(b.) Enter the full names of the individual(s) performing services, and include full address if
different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity
(item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual)
or will be made (planned). Check all boxes that apply. If this is a material change report, enter
the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-
kind contribution, specify the nature and value of the in -kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed, or will
be expected to perform, and the date(s) of any services rendered. Include all preparatory and
related activity, not just time spent in actual contact with Federal officials. Identify the Federal
official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress
that were contacted.
15. Check whether or not a SF -LLL -A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his /her name, title, and telephone
number.
Public reporting burden for this collection of information is estimated to average 30 minutes per
response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348- 0046), ❑ ashington, D.C. 20503.
Disclosure of Lobbying Activities - CalEMA 2 -232 (Revised 2/1/2009)
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Par t 24 Section 24.510, Participants'
responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
The prospective recipient of Federal assistance funds certifies that neither it
nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
4-7--
SIGNATURE DATE
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If tit is later determined that he
prospective recipient of Federal assistance funds knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and /or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written
notice to the person to which this agreement is entered, if at any time the prospective
recipient of Federal assistance funds learns that its certification was erroneous, when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," " primary covered transaction," `principal,"
"proposal," and "voluntarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal
that, should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation on this covered transaction,
unless authorized by the department or agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions,"
without modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not required to, check the List
of Parties Excluded from Procurement or Non Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntary excluded
form participation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and /or debarment.
EXHIBIT C
CERTIFICATION REGARDING DRUG -FREE WORKPLACE ACT REQUIREMENTS
The Contractor certifies that it will provide a drug -free workplace, in accordance with State law and State
Employment Development Department (EDD) Directive No. D907 by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
2. Establishing a drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of this
program be given a copy of the statement required by paragraph 1.above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of
employment under this program, the employee will:
a. Abide by the terms of the statement, and
b. Notify the Contractor of any criminal drug statute convictions for a violation occurring in
the workplace no later than five days after such conviction.
5. Notifying the County within ten days after receiving notice under subparagraph 4.b. from an
employee or otherwise receiving actual notice of such conviction.
6. Taking one of the following actions, within 30 days of receiving notice under subparagraph
4.b. with respect to any employee who is so convicted by taking appropriate personnel action
against such an employee, up to and including termination.
7. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of the provision of this certification.
CONTRA C OR /AGENCY
NAME AN15 TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED REPRESENTATIVE
6 • ?.' //
DATE
EXHIBIT D j
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
Name of Applicant: C,e o hne cI4- F� Dtpa r
Address: 7lo S So -o+y- P+- Ayc -,^ .
City: State: GA Zip Code: 9 1 tro(o
Telephone Number: 62-16 • S74. 5lo I Fax Number: 62J,, . 446.74 to
E -Mail Address: u S
As the duly authorized representative of the applicant, I certify that the applicant named above:
Will assure that grant funds will support efforts related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prevent, respond to, and recover from
terrorist attacks, major disasters and other emergencies.
2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the U.S. Department of Homeland Security (DHS) /Federal Emergency Management Agency
(FEMA) and sub - granted through the State of California, California Emergency Management
Agency (Cal EMA).
3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not
be transferred between grant programs (for example: State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
fiscal years.
4. Will comply with any cost sharing commitments included in the FY2010 Investment
Justifications submitted to DHS /FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Office, the Comptroller General of
the United States, the State of California, the Office of Inspector General, through any authorized
representative, access to, and the right to examine, all paper or electronic records, books, or
documents related to the award; and will establish a proper accounting system in accordance
with generally accepted accounting standards and/or awarding agency directives.
Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice /Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State
approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by
the Fusion Capability Planning Tool.
Page 1 Initials
7. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
8. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, including the payment of interest earned on advances.
11. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes, or presents the appearance of, personal or organizational conflict of interest, or
personal gain for themselves or others, particularly those with whom they have family, business,
or other ties.
12. Understands and 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, at any level of
government, without the express prior written approval from DHS/FEMA /Cal EMA.
13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -
owned, women - owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
14. Will notify Cal EMA of any developments that have a significant impact on award - supported
activities, including changes to key program staff.
15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
structures.
16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination.
These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683
and 1685- 1686), which prohibits discrimination on the basis of gender.
C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 - 6107), which
prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
Page 2 Initials 7T
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290
ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made.
k. Will, in the event that a Federal or State court or Federal or State administrative agency
makes a finding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice
Programs.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91 -646]) which
provides for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally assisted programs. These requirements apply to all interested in
real property acquired for project purposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally- assisted programs.
18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
19. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
20. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS /FEMA/Cal EMA, including, but not limited to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications towers, and purchase and/or use of any sonar equipment. The subgrantee must
comply with all conditions placed on the project as a result of the EHP review. Any construction -
related activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible for reimbursement with DHS /FEMA/Cal EMA
funding. Any change to the scope of work will require re- evaluation of compliance with the
EHP. If ground- disturbing activities occur during the project implementation, the subgrantee
must ensure monitoring of the disturbance. If any potential archeological resources are
Page 3 Initials .
discovered, the subgrantee will immediately cease activity in that area and notify
DHS /FEMA/Cal EMA and the appropriate State Historic Preservation Office.
21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)
List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consideration for listing by the EPA.
22. Will provide any information requested by DHS /FEMA/Cal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental
Quality (EO11514).
b. Notification of violating facilities pursuant to EO 11738.
C. 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.).
d. 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.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523).
f California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000- 15007.
g. 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.
h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
24. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEAM's
Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEAM's Grant Programs Directorate or the U.S. Department of
Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security. "
25. Acknowledges that DHS /FEMA reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub - award; and b) any rights
of copyright to which a recipient or sub - recipient purchases ownership with Federal support.
Page 4 Initials
26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
27. Has requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
C. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per Federal Fiscal Year.
28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328)
which limit the political activities of employees whose principal employment activities are
funded in whole or in part with Federal funds.
30. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
31. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non - profit organizations.
33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor
standards for Federally- assisted construction sub - agreements.
34. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member
Page 5 Initials
of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
35. Agrees that equipment acquired or obtained with grant funds:
a. Will 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 applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
36. Agrees that funds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non - Federal funds.
37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A -133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non - Profit Organizations (OMB Circular A -110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A -87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A -21); Part 230 Cost Principles for Non - Profit Organizations (OMB
Circular A -122).
39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in the current edition of
the DHS Financial Management Guide.
Page 6 Initials T7, ,
43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2010 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application. Further, use of FYI funds is limited to those investments included in the
California FY10 Investment Justifications submitted to DHS /FEMA/Cal EMA and evaluated
through the peer review process.
44. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension ".
45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a. The applicant certifies that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
ii. Have not within a three -year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three -year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
b. Establishing an on -going drug -free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs;
and
Page 7 Initials 'TZ.
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
47. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
48. Understands that failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents that he /she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent: '�j,..✓y
Printed Name of Authorized Agent: 1njj L • Tvo_bbw
Title: +' G� f ' Date: 4 - F - d
Page 8
ARN01.0 SC11WAR%FNI °.GG1;R
GOVERNOR
MAT11I?W It. BF.- I- 1:NHAUSEN
SECRETARY
October 28, 2010
7 EMA
� 'cw
CALIFORNIA EMFI2C,FNCY MANAGEMENT AGENCY
OFFICE OF GRANTS MANAGEMENT
Ms. Carol Kindler
Los Angeles County
500 W. Temple St. Ring 754
Los Angeles, CA 90012
SUBJECT: NOTIFICATION OF SUBGRANTEE APPLICATION APPROVAL
FY 2010 Homeland Security Grant Program (HSGP)
Grant #2010 -0085, Cal EMA ID# 037 -00000
Subgrantee Performance Period: October 28, 2010 to April 30, 2013
Dear Ms. Kindler:
EXHIBIT E
3650 SCHRIEVER AVI-MI .
MArHER. CA 95655
PHONE: (916)845-8510
FA \: (916)321 -5902
The California Emergency Management Agency (Cal EMA) has approved your FY 10 Homeland Security
Grant Program (HSGP) application in the amount of $22,668,150. As of the date of this letter you may
request reimbursement of eligible grant expenditures using the Cal EMA financial management forms
workbook available at ww%v.calema.ca.gov. .
During the review process, a Cal EMA representative examined and evaluated your FY 10 HSGP grant
application. As a result of this review, some of your funded projects may have been assigned performance
milestones shorter than the Subgrantee performance period, based in part on information provided in your
application and submitted workbook. Performance milestones will be used by Cal EMA to both determine
the appropriate date to disencumber finds awarded under this grant and re- direct them to other needs across
the State and as indicators of performance and grant management capacity in future competitive grant
applications.
Performance Milestones: Amount Completion Dale
PRar.•.c r A
REGIONAL PREPARr•.DNFSS
EMG, FS
$ 300,000
NovEMttrtt 30, 2011
PIZO.IECr B
REGIONAL PUBLIC AWARENESS
LE
$2,500,000
Novr•.Mt3t:R 30, 201 1
PROJECT C
►NTEROP Comm EQuu,
LE, EMS, FS
$1,500,000
NOVI''MlMt 30, 2011
PRO.Ir.,ci, D
lNro GATHERING
LE, EMG, FS
$1,750,000
NOVEMBFR 30, 201 1
PROs CT E
PRoTt:cT CI
LC, FS
$1,400,000
NovEME1H 30, 201 1
PROJECT F
CBRNE DETr.CTION
LE, FS, EMS
$1.750,000
NovFMBI -:R 30, 201 1
PROJECT G
MM RS EQUIP /PLAN /TRAIN /Exr;R
PH, FS
$ 450,000
NovEMt3tat 30, 2011
PROJECT H
R'rT'AC PLAN /EQUIP /TRAIN
LE
$ 450,000
NOVEMBER 30, 201 1
Additionally, Aviation /Watercraft requests, Establish /Enhance Emergency Operations Center (EOC)
projects, projects requiring EHP review at FEMA /DHS and sole source procurement requests will require
additional approvals from Cal EMA. For that reason, Projects B, C, D, E, F, and G are not approved at this
time, pending receipt of required supplemental documentation and /or approval from DHS. Subgrantees
Ms. Carol Kindler
Manager, Chief Executive Office
Page Two
must obtain written approval for these activities aEjU to incurring any costs, in order to be reimbursed for
any related costs under this grant. Subgrantees are required to obtain a performance bond for any equipment
item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with homeland
security dollars.
Following acceptance of this award, you must enter your grant information into the US Office of Grants
and Training, Grant Reporting'fooi (GRT), for the December 2010 Biannual Strategy Implementation
Report (BSIR) period. The GRT can be accessed online at litips://www.reportiiig.odp.dlis.pov/. Semi-
annual performance reports must be prepared and submitted to Cal EMA via the GRT for the duration of
the grant period or until all activities are completed and the grant is formally closed. Failure to submit
performance reports could result in grant reduction, termination, or suspension,
This grant is subject to all policies and provisions of the Federal Single Audit Act of 1984 and the Single
Audit Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or
those found owed as a result of a final review or audit, must be refunded to the State within 30 clays upon
receipt of an invoice from Cal EMA.
As in the past, your signature is required on this letter. Please sign and return the original to your
Cal EMA program representative within ten days of receipt, and keep a copy for your files. For further
assistance, please feel free to contact your Cal EMA program representative or the Homeland Security
Grants Section (HSGS) at (916) 845 -8510.
Sincerely,
MATTHEW R. BETT1E.NHAUSEN
L
Ca of Kind r, Author' _ -d Agent,
Los Angeles County
2010 SHSGP FUNDING ALLOCATION
Cities /Departments Grand Total
Alhambra
229,975
Arcadia
99,318
Avalon
35,523
Bell
25,000
Beverly Hills
50,973
Burbank
110,430
Compton
28,773
Culver City
24,150
Downey
140,600
El Monte
260,000
El Segundo
8,550
Glendale
1,642,877
Glendora
110,000
Hermosa Beach
34,773
La Habra Heights
32,148
La Verne
31,473
Long Beach
388,650
Los Angeles City
756,149
Manhattan Beach
38,598
Monrovia
58,955
San Marino
37,548
Santa Fe Springs
473,750
Santa Monica
25,575
Sierra Madre
33,498
South Gate
60,000
South Pasadena
2,925
Torrance
13,575
Vernon
43,800
West Covina
28,773
Am Red Cross (ARC)
90,000
LARICS
5,315,000
Subtotal Cities
10,846,828
Coroner
350,000
Fire
2,104, 780
Health Services
1,802,304
Mental Health
300,000
OEM
750,000
Public Health
60,000
Sheriff
5,246,000
M &A
1,061,816
CEO
146,422
Subtotal County
11,821,322
Grand Total 22,668,150
EXHIBIT F
PART Vlll.
OTHER INFORMATION
Section A - HSGP Allowable Costs
FY 2010 Allowable Cost Matrix
•
Developing hazard /threat - specific annexes that incorporate the range
of prevention, protection, response, and recovery activities
Developing and implementing homeland security support programs
and adopting ongoing DHS national initiatives
Developing related terrorism prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full- or part-time staff or contract/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel /per diem related to planning. activities
Overtime and backfill costs (in accordance with operational Cost
Guidance
Other project areas with prior approval from FEMA
Issuance of WHTI - compliant tribal identification cards
Reimbursement for select operational expenses associated with
increased security measures at critical infrastructure sites incurred (up
to 50 percent of the allocation
Overtime for information, investigative, and intelligence sharing
activities (up to 50 percent of the allocation
Hiring of new staff positions /contractors /consultants for participation in
information /intelligence analysis and sharing groups or fusion center
activities u to 50 ercent of the allocation
.. - • . •..
Personal Protective Equipment
Explosive Device Mitigation and Remediation Equipment
CBRNE Operational Search and Rescue Equipment
Information Technology
70
71
•
Cyber Security Enhancement Equipment
Interoperable Communications Equipment
Detection
Decontamination
Medical
Power
CBRNE Reference Materials
CBRNE Incident Response Vehicles
Terrorism Incident Prevention Equipment
Physical Security Enhancement Equipment
Inspection and Screening Systems
Agriculture Terrorism Prevention, Response, and Mitigation Equipment
CBRNE Prevention and Response Watercraft
CBRNE Aviation Equipment
CBRNE Logistical Support Equipment
Intervention Equipment
Other Authorized Equipment
Overtime and backfill for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes
Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in FEMA training
Training workshops and conferences
Full- or part-time staff or contractors /consultants
Travel
Supplies
Tuition for higher education
Other items
Design, Develop, Conduct, and Evaluate an Exercise
Exercise planning workshop
Full- or part-time staff or contractors /consultants
Overtime and backfill costs, including expenses for part-time and
volunteer emergency response personnel participating in FEMA
exercises
Implementation of HSEEP
Travel
Supplies
71
72
EXHIBIT G
of Los Ito 2010 HOMELAND SECURITY GRANT REIMBURSEMENT FORM
AWARD NUMBER: 2010 - 0085
+ PERFORMANCE PERIOD: 10 /28/2010 - 04/30/2013
k I
; ENO x
OR�x Chief Executive Office /County Disaster Administrative Team
COUNTY OF LOS ANGELES
Thank you for participating in the Homeland Security Grant Program. In order to complete your claim, please follow the checklist on the first
tab of this workbook and attach the required supporting documents for all items for which you are requesting reimbursement.
Please submit invoices to Shared Services Division as soon as expenses are incurred and the required invoice and other supporting
documentation is available. Do NOT accumulate and submit all claims and invoices on the final due date. Failure to submit your claim in a
timely manner with the required supporting documents could result in unreimburseable expenses and /or reallocated awards.
DATE TAXPAYERID#
MAKE CHECKS PAYABLE TO:
MAILING ADDRESS
CITY, ZIP
I::_ —
PHONE
AUTHORIZED SIGNATURE
Under Penalty of Perjury i certify that.
I am the duly authorized officer of the claimant herein.
This claim Is In all respect true, correct, and all expenditures were made in accordance
with applicable laws, rules, regulations and grant conditions and assurances.
HSGP Homeland Security Grant Program
RTTAC Regional Terrorism Threat Assessment Center
MMRS Metropolitan Medical Response System
E -mail
AUTHORIZED SIGNER NAME /TITLE
Please fax reimbursement requests
to: SHARED SERVICES DIVISION
Attn: GRANTS UNIT
Fax (213) 947 -5809
Invoice Number
Project tt
(e.g., 41 C)
SOLUTION AREA (Equipment,
Training, Planning, Exercise)
TOTAL BY FUNDING SOURCE
TOTAL
CLAIM
HSGP
RTTAC
MMRS
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TOTALS
0.00
0.00
0.00
0.00
REQUIRED SUPPORTING DOCUMENTS
FOR CLAIM REIMBURSEMENT
❑ Grant Reimbursement Form with authorized signature and date
Invoice: Must be stamped or write "PAID ", signed with authorized signature for payment, and dated. Circle, or designate on the
❑ invoice /receipt the items requesting reimbursement. Each item circled must have a project #, a funding SOURCE, and TOTAL. Purchase
orders and price quotes will not be accepted as proof of purchase for reimbursement.
❑ Proof of Payment
❑ Purchase Method
❑ Sole Source under $100,000
❑ Competitive bid ❑ Sole Source over $100,000 (Prior State approval attached)
❑ Invoice NO.:
❑ Reviewed Federal Debarment Listina: http: /Iwww.epis.gov /epls /search.do
❑ No. Ares, screen listing is attached.
❑ Environmental and Historic Preservation (EHP) required?
❑ No ❑ Yes (Prior State approval attached)
FOR EQUIPMENT:
p Equipment Inventory Ledger, completed the listing with all requested information, including: Project # & alpha, Equipment Description,
AEL #, AEL Title, Invoice #, Vendor, Total Cost, Cash Request #, Invoice Date, Acquired Date, Serial #/ ID Tag #, Condition and
Disposition, Deployed Location and Grant Year. www rkb.us
FOR TRAINING /EXERCISE /PLANNING:
❑ Training /Exercise Summary completed listing including: employee name, assignment (backfill for name of employee attending
training /exercise), Job Title, Training Request #, Training date, Salary, total Hours, Overtime hours, regular rate, Overtime rate, employee
benefits rate, total claim amount.
• For Training — Training Request# is required
• For Planning — Submit proof of products produced (i.e. mutual aid agreements, assessments, etc.)
• For Exercise — Proof of AAR submission and State approval. Submit AAR into the ODP Portal within 60 days following the completion
of event. https / /hseep dhs oov /DHS SSO/?SeturnUrl=`/`2fToolkitHome.asp
❑ Roster: Fill out a Training or Planning or Exercise Roster, whichever is applicable to this claim.
❑ Timecards: indicating the # of hours charged per day, employee signature & supervisor signature
❑ Payroll register indicating the salary, hourly rate, employee benefits, Overtime rate.
❑ Sian -in sheets or attendance sheets or Certificate of Completion (if claiming for Backfill and /or Overtime); if sign -in sheets or certificates
are not available, trainees should provide their your own proof of attendance by completing their own sign -in sheet and have the Trainer
sign the sheet indicating proof of attendance.
Additional items:
Travel — Receipts are required for itemized costs such as plane ticket/invoice, hotel invoices and training receipts with the dates of invoices
agreeing with the training and exercise period.
Workshop — Invoices for instructor, facilities, contractor and consulting services.
*AUTHORIZED SIGNATURE / DATE "AUTHORIZED SIGNER NAME /TITLE
Under Penally of Perjury I certify that:
- 1 am the duly authorized officer of the claimant herein.
- This claim is in all respect true, correct, and all expenditures were made,
in accordance with applicable laws, rules, regulations and grant conditions
and assurances.
Checklist