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SUBRECIPIENT AGREEMENT.
Jurisdiction: City of Arcadia
Title: FY 09 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
City Contract Number C-1179S?q
TABLE OF CONTENTS
Section Number and Table Page
INTRODUCTION
§101. Parties to the Agreement
§102. Representatives of the Parties and Service of Notices
§103. Independent Contractor
§104. Conditions Precedent to Execution of this Agreement
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Services to be Provided
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
§402. Applicable Law, Interpretation and Enforcement
§403. Integrated Agreement
§404. Excusable Delays
§405. Breach
§406. Prohibition Against Assignment or Delegation
§407. Permits
§408. Non Discrimination and Affirmative Action
§409. Los Angeles City Business Tax Registration Certificate (Not applicable with this
Agreement)
§410. Bonds (This section intentionally left blank)
JAG 09 Subrecipient Agreement
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4
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5
6
7
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TABLE OF CONTENTS
Section Description Paqe
§411.
Indemnification
9
§412.
Conflict of Interest
9
§413.
Insurance (This section intentionally left blank)
11
§414.
Restriction on Disclosures
11
§415.
Compliance with Statutes and Regulations
11
§416.
Federal, State, and Local Taxes
20
§417.
Federally Funded Projects, Inventions, Patents and Copyrights
21
§418
Living Wage Ordinance (Not applicable with this Agreement)
22
§419
Earned Income Tax Credit (Not applicable with this Agreement)
22
§420.
Equal Benefits Ordinance (Not applicable with this Agreement)
22
§421.
Contractor Responsibility Ordinance (Not applicable with this Agreement)
22
§422.
Slavery Disclosure Ordinance (Not applicable with this Agreement)
22
§423.
Child Support Assignment Orders (Not applicable with this Agreement)
22
§424
Minority, Women, and Other Business Enterprise Outreach Program
23
§425
Faith Based Activities
23
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 24
§502. Suspension (This section intentionally left blank) 24
§503. Notices of Suspension (This section intentionally left blank) 24
§504. Termination (This section intentionally left blank) 24
§505. Amendments 24
VI
ENTIRE AGREEMENT
§601. Complete Agreement 24
§602. Number of Pages and Attachments 24
Execution (Signature) Page 25
JAG 09 Subrecipient Agreement
EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Drug Free Requirements
Exhibit E Modification Request Form
Exhibit F Links to Websites
Exhibit G Grant Special Conditions
ATTACHMENT 1 Budget/Expenditure Plan
JAG 09 Subrecipient Agreement
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF ARCADIA
THIS SUBRECIPIENT AGREEMENT ( "Agreement" or "Contract ") is made and entered
into by and between the City of Los Angeles, a municipal corporation (the "City "), and City of
Arcadia, a municipal corporation (the "Subgrantee" or "Subrecipient ").
WITNESSETH
WHEREAS, the U.S. Department of Justice ( "DOX or "Grantor "), through its Office of
Justice Programs ( "OJP ") Bureau of Justice Assistance ( "BJA "), has provided financial
assistance to the City and 58 disparate participating jurisdictions within the County of Los
Angeles through the Fiscal Year (FY) 2009 Edward Byrne Memorial Justice Assistance Grant
program ( "JAG 09 ") in the amount of $7,316,821, such grant having been accepted by the City
Council (C.F.09 -2545 and dated January 19, 2010); and
WHEREAS, this financial assistance is administered by the City of Los Angeles as fiscal
agent for the JAG 09 Grant (the "Grant'); and
WHEREAS, this financial assistance is being provided to support a broad range of
activities to prevent and control crime based on the local needs and conditions of the
participating jurisdictions, with each jurisdiction's allocations to be used for activities and
projects that will provide meaningful and measureable outcomes consistent with the goals of
JAG 09 program; and
WHEREAS, the Subrecipient is one of the 58 participating jurisdictions; and
WHEREAS, the City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ( "Mayor's Office ") to provide for the proper monitoring of the funding
and administration of the Grant; and
WHEREAS, the Mayor's Office now wishes to distribute the Grant funds allocated to the
Subrecipient as a participating jurisdiction as further detailed in this Agreement; and
WHEREAS, the City and Subrecipient are desirous of executing this Agreement as
authorized by the City Council and the Mayor (refer to Council File Number 09 -2545 dated
January 19, 2010) which authorizes the City to prepare and execute this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and the
mutual benefits to be derived therefrom, the City and the Subrecipient (each a "Party" and
collectively, the "Parties ") agree as follows:
JAG 09 Subrecipient Agreement
1.
INTRODUCTION
§101. Parties to the Agreement
The Parties to this Agreement are:
A. The City of Los Angeles, a municipal corporation, having its principal office at 200 North
Spring Street, Los Angeles, California 90012; and
B. City of Arcadia, a municipal corporation, having its principal office at 240 West
Huntington Drive, Arcadia, California 91066
§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:
The representative of the City of Los Angeles shall be, unless otherwise stated in
the Agreement:
Eileen Decker, Deputy Mayor
Office of the Mayor, Homeland Security and Public Safety
200 N. Spring Street, Room M -180
Los Angeles, CA 90012
Phone: (213) 978 -0687
Fax: (213) 978 -0718
2. The representative of City of Arcadia shall be:
Donald Penman, City Manager
240 West Huntington Drive
Arcadia, CA, 91066
Phone: (626) 574 -5401
with a copy to:
Robert Sanderson, Chief of Police
City of Arcadia
250 West Huntington Drive
Arcadia, CA, 91066
Phone: (626) 574 -5178
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
JAG 09 Subrecipient Agreement 2
certified mail, postage prepaid, return receipt requested and shall be deemed
communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall be given,
in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the City. No employee of Subrecipient, is, or shall be an employee of the
City by virtue of this Agreement, and Subrecipient shall so inform each employee
organization and each employee who is hired or retained under this Agreement.
Subrecipient shall not represent or otherwise hold out itself or any of its directors,
officers, partners, employees, or agents to be an agent or employee of the City.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide copies of the following documents to the City of Los Angeles,
unless otherwise exempted.
A. This Section is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with §415.A.12 of this Agreement and attached
hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with §415.A.4 of this
Agreement and attached hereto as Exhibit C and made a part hereof. 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.
D. Certification Regarding Drug Free Workplace Requirements in accordance with
§415.A.13 of this Agreement and attached hereto as Exhibit D and made a part hereof.
JAG 09 Subrecipient Agreement 3
u.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on October 1, 2008 and end September
30, 2012 Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. Subrecipient's allocation and use of funds under this Grant shall comply and be in
accordance with, and subject to, the guidance and requirements set forth in the
following documents: (1) the Office of Justice Programs (OJP) Financial Guide 2009, (2)
OJP Procurement Procedures Guide, (3) Edward Byrne Memorial Justice Assistance
Grant (JAG) Formula Program: Local Solicitation, (4) Department of Justice Grants
Management Common Rule as codified in Title 28 Code of Federal Regulations (CFR)
Part 66,and (5) this Agreement. As a convenience, Exhibit F to this Agreement sets
forth website addresses at which the above set forth documents may be found.
Subrecipient shall use funds under this Grant to support the goals and objectives of the
Grant as well as the activities, objectives and goals identified as part of the
Subrecipient's requested allocation in the JAG 09 application as approved by the
Grantor.
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan attached hereto as Attachment 1 (the "Budget "). The Budget
contains a detailed listing of items for expenditure under the terms of this Agreement,
and Subrecipient shall use the funds disbursed under this Agreement only for such
items. Any request by Subrecipient to modify the Budget must be made in writing and
must be approved in writing by the Parties during the term of this Agreement.
1. Any request by Subrecipient to modify the Budget must be made in writing and
accompanied by a completed Modification Request Form, attached hereto as
Exhibit E. All modification requests must be approved in writing by the City
during the term of this Agreement.
2. Budget modification requests must be submitted to the City no later than 30 days
before the end of each fiscal quarter for which modification is sought.
Submissions made after the deadline will be returned to the Subrecipient and will
not be accepted until the following submission period. The City will notify the
Subrecipient in writing if modification requests are inaccurate and /or incomplete.
Inaccurate and /or incomplete modification requests shall be returned to the
Subrecipient for revision and shall be accepted by the City in writing when
modification requests are accurate and complete. Subrecipient shall not expend
any Grant funds on modified budget items until such modification is approved by
the City and Grantor.
3. Final modification requests must be submitted to the City no later than 90 days
prior to the end of the applicable Grant performance period deadline to provide
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the City time to meet Grantor requirements. At that time, any unexpended funds
may be re- directed to other needs as directed or approved by the Grantor.
C. Grantor may approve grant extensions to Time of Performance at its sole discretion.
Any request by Subrecipient to extend Time of Performance must be made in writing to
the Mayor's Office on a project extension request form to be provided to the
Subrecipient by the City. All extension requests must be approved by Grantor in writing
during the term of this Agreement.
D. Grant extension requests must be submitted to the City no later than 90 days before the
end of the applicable Grant performance period deadline. Grant extension requests
made after such 90 days date will be returned to the Subrecipient and will not be
accepted. The City will notify the Subrecipient in writing if project extension requests
are inaccurate and /or incomplete. Inaccurate and /or incomplete project extension
requests shall be returned to the Subrecipient for revision and shall be accepted by the
City when project extension requests are accurate and complete.
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of
Sixteen Thousand Three Hundred Nine Dollars and Twenty Seven Cents ($16,309.27)
to be used for the funding of activities as described in Section 202 above and as set
forth in the Budget. Such Grant amount represents the amount allocated to
Subrecipient in the JAG 09 Grant by Grantor.
Subrecipient shall establish a trust fund account, which may or may not be interest -
bearing, to hold the Grant funds during the period of the Grant. Such trust fund,
including any interest, shall not be used to pay debts or expenses incurred by other
activities beyond that set forth in the Budget. Subrecipient agrees to obligate and
expend the Grant funds in the trust fund (including any interest earned) during the
period of the Grant. Grant funds (including any interest earned) not expended by the
end of the grant period must be returned to the City to be returned to the Grantor no
later than 90 days after the end of the Grant period.
Disbursement of Grant funds shall be made upon execution of this Agreement and
receipt of Grant funds by the City from the Grantor.
B. Notwithstanding anything to the contrary in this Agreement, Subrecipient shall prepare,
maintain, and provide to the City on a quarterly basis, any and all invoices, purchase
orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and
any other supporting documentation necessary to fully and accurately describe and
support the use of Grant funds under this Agreement. All such documentation shall be
submitted to the City commencing on the 5t day of January, April, July and October
JAG 09 Subrecipient Agreement 5
until the end of the Grant term. Such documentation shall be sufficient to fully and
accurately describe and support the use of the Grant funds for such quarter for which
documentation is provided, all in accordance with applicable Federal, State and City
audit and review standards and requirements. The City may request, in writing,
changes to the content and format of such documentation at any time, and the City
reserves the right to request any additional supporting documentation to substantiate
costs incurred at any time. Documents shall be submitted to:
Attn: Charles De Cuir
Financial Management Unit ( "FMU ") Director
200 North Spring Street, Room M185
Los Angeles, CA 90012
C. Interest Income: Subrecipient must account for all interest income earned from the
Grant. In accordance with OJP financial guidelines, interest earned on JAG funds is
considered program income, and must be expended only on allowable purpose areas
under these programs. Subrecipient will maintain records of and account for any interest
earned on Grant funds. In order to reprogram and expend interest earned, Subrecipient
must submit a Budget Modification Request to the City for approval prior to expending
the interest amount. Interest earned and not expended by the close of the Grant period
must be returned to the City to be returned to the grantor no later than 90 days after the
end of the Grant period.
D. It is understood that the City makes no commitment to fund this Agreement beyond the
terms set forth herein.
E. The City reserves the right to withhold 10% of Subrecipient's total allocation until all the
requirements of this Agreement are met. These include but are not limited to:
Compliance with grant guidance and relevant regulations as specified in this
Agreement and other applicable documentation of Grantor.
2. Timely and accurate submission of quarterly PMT data
3. Timely and accurate submission of appropriate quarterly fiscal back -up
documentation and summary documents
4. Scope of Work or Budget modifications (if any) appropriately filed and approved
Final disbursement of this withholding amount will be made upon project completion and
submission of final quarterly reports.
F. Funding for all periods of this Agreement is subject to the continuing availability to the
City of federal funds for this program. The Agreement may be terminated immediately
upon written notice to Subrecipient of a loss or reduction of federal grant funds.
JAG 09 Subrecipient Agreement 6
IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience
and shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according to its
fair meaning and not strictly for or against either party. The word "Subrecipient" herein
and in any amendments hereto includes the party or parties identified in this Agreement.
The singular shall include the plural. If there is more than one Subrecipient as identified
herein, unless expressly stated otherwise, their obligations and liabilities hereunder
shall be joint and several. Use of the feminine, masculine, or neuter genders shall be
deemed to include the genders not used.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United
States of America, the State of California, and the City, including but not limited to, laws
regarding health and safety, labor and employment, wage and hours and licensing laws
which affect employees. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City without regard to conflict of law principles.
Subrecipient shall comply with new, amended, or revised laws, regulations, and /or
procedures that apply to the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts
located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal, unenforceable,
or in conflict with any law of a federal, state or local government having jurisdiction over
this Agreement, the validity of the remaining parts, terms or provisions of this
Agreement shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the
subject matter hereof, and replaces any and all previous agreements or understandings,
whether written or oral, relating thereto. This Agreement may be amended only as
provided for herein.
§404. Excusable Delays
In the event that performance on the part of any party hereto is delayed or suspended
as a result of circumstances beyond the reasonable control and without the fault and
negligence of said party, none of the parties shall incur any liability to the other parties
as a result of such delay or suspension. Circumstances deemed to be beyond the
control of the parties hereunder include, but are not limited to, acts of God or of the
public enemy; insurrection; acts of the Federal Government or any unit of State or Local
JAG 09 Subrecipient Agreement 7
Government in either sovereign or contractual capacity; fires; floods; epidemics;
quarantine restrictions; strikes, freight embargoes or delays in transportation, to the
extent that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays as described in §404 herein, if any party fails to perform, in
whole or in part, any promise, covenant, or agreement set forth herein, or should any
representation made by it be untrue, any aggrieved party may avail itself of all rights
and remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party recover
more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§406. Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment;
or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
Subrecipient and its directors, supervisors, officers, agents, employees and
contractors /subcontractors, to the extent allowed hereunder, shall obtain and maintain
all licenses, permits, certifications and other documents necessary for Subrecipient's
performance hereunder and shall pay any fees required therefore. Subrecipient
certifies to immediately notify the City of any suspension, termination, lapses, non -
renewals or restrictions of licenses, permits, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
A. 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
City. In performing this Agreement, the 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. The 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 CFR Part 60).
B. The Subrecipient shall comply with the provisions of the Los Angeles Administrative
Code § §10.8- 10.13, to the extent applicable hereto. If this Agreement contains a
consideration in excess of $1,000 but not more than $100,000, the Equal Employment
practices provisions of this Agreement shall be the mandatory contract provisions set
forth in Los Angeles Administrative Code §10.8.3, in which event said provisions are
JAG 09 Subrecipient Agreement 8
incorporated herein by this reference. If this Agreement contains a consideration in
excess of $100,000, the Affirmative Action Program of this Agreement shall be the
mandatory contract provisions set forth in Los Angeles Administrative Code §10.8.4, in
which event said provisions are incorporated herein by this reference. Subrecipient
shall also comply with all rules, regulations, and policies of the City's Board of Public
Works, Office of Contract Compliance relating to nondiscrimination and affirmative
action, including the filing of all forms required by City.
C. Any subcontract entered into by the Subrecipient relating to this Agreement, to the
extent allowed hereunder, shall be subject to the provisions of this paragraph.
§409. Los Angeles City Business Tax Registration Certificate
Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1,
Chapter 2, §21.00 et seq., of the Los Angeles Municipal Code) is not applicable.
§410. Bonds
Duplicate copies of all bonds, which may be required hereunder, shall conform to City
requirements established by Charter, ordinance or policy and shall be filed with the
Office of the City Administrative Officer, Risk Management for its review and
acceptance in accordance with Los Angeles Administrative Code §11.47- 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of §895.2 of the Government Code of the State of California imposing certain
tort liability jointly upon public entities, solely by reason of such entities being parties to
an Agreement as defined by §895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in § §895.4 and 895.6 of said Code,
will each assume the full liability imposed upon it or upon any of its officers, agents, or
employees by law, for injury caused by a negligent or wrongful act or omission occurring
in the performance of this Agreement, to the same extent that such liability would be
imposed in the absence of §895.2 of said Code. To achieve the above - stated purpose,
each party indemnifies and holds harmless the other party solely by virtue of said
§895.2. The provision of Section 2778 of the California Civil Code is made a part hereto
as if fully set forth herein. Subrecipient certifies that it has adequate self insured
retention of funds to meet any obligation arising from this Agreement.
A. Pursuant to Government Code § §895.4 and 895.6, the parties shall each assume the
full liability imposed upon it, or any of its officers, agents or employees, by law for injury
caused by any negligent or wrongful act or omission occurring in the performance of this
Agreement.
B. Each party indemnifies and holds harmless the other party for any loss, costs, or
expenses that may be imposed upon such other party by virtue of Government Code
§895.2, which imposes joint civil liability upon public entities solely by reason of such
entities being parties to an agreement, as defined by Government Code §895.
JAG 09 Subrecipient Agreement 9
C. In the event of third -party loss caused by negligence, wrongful act or omission by both
Parties, each party shall bear financial responsibility in proportion to its percentage of
fault as may be mutually agreed or judicially determined. The provisions of Civil Code
§2778 regarding interpretation of indemnity agreements are hereby incorporated
§412. Conflict of Interest
A. Subrecipient covenants that none of its directors, officers, employees, or agents shall
participate in selecting, or administrating any subcontract supported (in whole or in part)
by Federal funds where such person is a director, officer, employee or agent of the
subcontractor; or where the selection of subcontractors is or has the appearance of
being motivated by a desire for personal gain for themselves or others such as family
business, etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner or organization
has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any
prospective employment; or
3. The participation of such person would be prohibited by the California Political
Reform Act, California Government Code §87100 et seq. if such person were a
public officer, because such person would have a "financial or other interest" in
the subcontract.
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. (This section intentionally left blank.)
D. The Subrecipient further covenants that no officer, director, employee, or agent shall
solicit or accept gratuities, favors, anything of monetary value from any actual or
potential subcontractor, supplier, a party to a sub agreement, (or persons who are
otherwise in a position to benefit from the actions of any officer, employee, or agent).
JAG 09 Subrecipient Agreement 10
E. 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.
F. Prior to obtaining the City's approval of any subcontract, the Subrecipient shall disclose
to the City 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.
G. For further clarification of the meaning of any of the terms used herein, the parties agree
that references shall be made to the guidelines, rules, and laws of the City of Los
Angeles, State of California, and Federal regulations regarding conflict of interest.
H. The 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.
I. 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.
J. The Subrecipient shall incorporate the foregoing subsections of this Section into every
agreement that it enters into in connection with this project and shall substitute the term
"subcontractor" for the term "Contractor" and "sub subcontractor" for "Subcontractor ".
§413. Insurance
This section is not applicable to this Agreement, and is intentionally left blank.
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a result of
this Agreement are to be governed by the California Public Records Act (California
Government Code §6250 et seq.).
§415. Compliance with State and Federal Statutes and Regulations
A. Statutes and Regulations Applicable To All Grant Contracts
Subrecipient shall comply with all applicable requirements of state, federal, County and
City of Los Angeles laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this Agreement.
Subrecipient shall comply with state and federal laws and regulations pertaining to
labor, wages, hours, and other conditions of employment. Subrecipient shall comply
with new, amended, or revised laws, regulations, and /or procedures that apply to the
performance of this Agreement. These requirements include, but are not limited to:
Office of Management and Budget (OMB) Circulars
JAG 09 Subrecipient Agreement 11
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
If Federal funds are used in the performance of this Agreement, Subrecipient
shall adhere to the rules and regulations of the Single Audit Act, 31 U.S.C. §7501
et seq.; City Council action dated February 4, 1987 (C.F. No. 84 2259 S1); and
any administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that it will comply with the Americans with
Disabilities Act 42, U.S.C. §12101 et seq., and its implementing regulations.
Subrecipient will provide reasonable accommodations to allow qualified
individuals with disabilities to have access to and to participate in its programs,
services and activities in accordance with the provisions of the Americans with
Disabilities Act. Subrecipient will not discriminate against persons with
disabilities nor against persons due to their relationship to or association with a
person with a disability. Any subcontract entered into by the Subrecipient,
relating to this Agreement, to the extent allowed hereunder, shall be subject to
the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
a. 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. Subrecipient shall not use any funds provided under this
Agreement, either directly or indirectly, in support of enactment, repeal,
modification or adoption of any law, regulation, or policy, at any level of
government. None of the funds provided pursuant to this Agreement shall
be used for any sectarian purpose or to support or benefit any sectarian
activity.
b. If this Agreement provides for more than $100,000.00 in grant funds or
more than $150,000 in loan funds, Subrecipient shall submit to the City a
Certification Regarding Lobbying and a Disclosure Form, if required, in
accordance with 31 U.S.C. §1352. A copy of the Certificate is attached
hereto as Exhibit C. No funds will be released to Subrecipient until the
Certification is filed.
JAG 09 Subrecipient Agreement 12
C. 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
a. At any time during normal business hours and as often as the City, the
U.S. Comptroller General and the Auditor General of the State of
California may deem necessary, Subrecipient shall make available for
examination all of its records with respect to all matters covered by this
Agreement. The City, the U.S. Comptroller General and the Auditor
General of the State of California shall have the authority to audit,
examine and make excerpts or transcripts from records, including all
Subrecipient's invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by
this Agreement.
b. Subrecipient agrees to provide any reports requested by the City
regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the City and the Grantor with respect to all matters
covered on file for all documents specified in this Agreement. Original forms are
to be maintained on file for all documents specified in this Agreement. Such
records shall be retained for a period of five (5) years after termination of this
Agreement and after final disposition of all pending matters. "Pending matters"
include, but are not limited to, an audit, litigation or other actions involving
records. The City may, at its discretion, take possession of, retain and audit said
records. Records, in their original form pertaining to matters covered by this
Agreement, shall at all times be retained within the County of Los Angeles unless
authorization to remove them is granted in writing by the City.
7. Subcontracts and Procurement
Subrecipient shall comply with Federal, State and Subrecipient 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 ensure that the terms of this Agreement with the City are
incorporated into all subcontract agreements. Subrecipient shall submit all
subcontract agreements to the City for review prior to the release of any funds to
the subcontractor. Subrecipient shall withhold funds to any subcontractor agency
JAG 09 Subrecipient Agreement 13
that fails to comply with the terms and conditions of this Agreement and their
respective subcontract agreement.
8. Labor
a. Subrecipient shall comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. § §4728 -4763) relating to prescribed requirements for
merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit
System Personnel Administration (5 CFR 900, Subpart F).
b. Subrecipient shall comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. § §276a- 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
U.S.C. § §1501 -1508 and 7324 - 7328).
C. Subrecipient shall comply with the Federal Fair Labor Standards Act (29
U.S.C. §201) regarding wages and hours of employment.
d. None of the funds shall be used to promote or deter Union /labor
organizing activities in accordance with California Government Code
§ 16645 et seq.
9. Civil Rights
Subrecipient shall comply with all Federal statutes relating to nondiscrimination.
These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964, as
amended (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) §504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§794), which prohibits discrimination on the basis of handicaps; (d) The Age
Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination
on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§ §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3
and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse
patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et
seq.), as amended, relating to non - discrimination in the sale, rental or financing
of housing; (i) Title 28, Code of Federal Regulations (CFR), Part 42, Subparts C,
D, E & G; (j) Title 28, CFR, Part 35; (k) any other nondiscrimination provisions in
the specific statute(s) under which application for Federal assistance is being
made; (1) the requirements of any other nondiscrimination statute(s) which may
apply to the application; and (m) P.L. 93 -348 regarding the protection of human
subjects involved in research, development, and related activities supported by
JAG 09 Subrecipient Agreement 14
this award of assistance. In the event a Federal or State court or Federal or
State administrative agency makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national origin, sex, or disability
against Subrecipient, Subrecipient will promptly forward a copy of the finding to
the City.
10. Environmental
a. Subrecipient shall comply, or has already complied, with the requirements
of Titles II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91 -646) which provide 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.
b. Subrecipient shall comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969
(P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §1451 et seq.); (f) conformity of Federal actions to
State (Clean Air) Implementation Plans under §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).
C. Subrecipient shall 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 re- evaluation of compliance with
these EHP requirements.
d. Subrecipient shall comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. §1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
e. Subrecipient shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §4801 et seq.) which prohibits the use of lead -
based paint in construction or rehabilitation of residence structures.
JAG 09 Subrecipient Agreement 15
f. Subrecipient shall comply with the Federal Water Pollution Control Act (33
U.S.C. §1251 et seq.) which restores and maintains the chemical, physical
and biological integrity of'the Nation's waters.
g. Subrecipient shall ensure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of this project
are not listed in the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
h. By signing this Agreement, Subrecipient ensures that it is in compliance
with the California Environmental Quality Act (CEQA), Public Resources
Code §21000 et seq. and is not impacting the environment negatively.
i. Subrecipient shall comply with the Energy Policy and Conservation Act
(P. L. 94 -163, 89 Stat. 871).
j. Subrecipient shall comply, if applicable, with the provision of the Coastal
Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 U.S.C.
§3501 et seq.) which prohibits the expenditure of most new Federal funds
within the units of the Coastal Barrier Resources System.
k. Subrecipient shall assist the City and OJP Bureau of Justice Assistance
( "BJA ") in complying with the National Environmental Policy Act (NEPA),
the National Historic Preservation Act, and other related federal
environmental impact analyses requirements in the use of these Grant
funds.
11. Preservation
Subrecipient shall comply with §106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974
(16 U.S.C. §469a -1 et seq.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68, Number 228,
regarding Suspension and Debarment, and Subrecipient shall submit a
Certification Regarding Debarment required by Executive Order 12549 and any
amendment thereto. Said Certification shall be submitted to the City concurrent
with the execution of this Agreement and shall certify that neither 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.
JAG 09 Subrecipient Agreement 16
13. Drug -Free Workplace
Subrecipient shall comply with the federal Drug -Free Workplace Act of 1988, 41
U.S.C. §701, 28 CFR Part 67 and the California Drug -Free Workplace Act of
1990, CA Gov't Code § §8350 -8357.
14. Miscellaneous
Subrecipient shall comply with the Laboratory Animal Welfare Act of 1966, as
amended (P.L. 89 -544, 7 U.S.C. §2131 et seq.). Pursuant to the Consolidated
Appropriations Act of 2008 (P.L. 110 -161) grant funds must not be used in
contravention of the federal buildings performance and reporting requirements of
Executive Order No. 13123, part 3 of title V of the National Energy Conservation
Policy Act (42 U.S.C. §8251 et seq.) or subtitle A of title I of the Energy Policy Act
of 2005 (including the amendments made thereby), nor shall grant funds be used
in contravention of §303 of the Energy Policy Act of 1992 (42 U.S.C. §13212).
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
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:
Title 28 CFR Part 66; EO 12372; Department of Justice (DOJ) Office of Judicial
Programs (OJP) current edition of Financial Guide; OJP Procurement
Procedures Guide; and Edward Byrne Memorial Justice Assistance Grant (JAG)
Formula Program: Local Solicitation.
2. 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. All equipment
and software purchased or developed under this Agreement must be compliant
with DOJ information technology interface standards, including the National
Criminal Intelligence Sharing Plan, the Global Justice XML Data Model, and the
Law Enforcement Information Sharing Plan (LEISP).
3. To support public safety and justice information sharing, Subrecipient shall use
the National Information Exchange Model (NIEM) specifications and guidelines in
the use of Grant funds. Subrecipient shall publish and make available without
restriction all schemas generated as a result of this Grant to the component
registry as specified in the NIEM guidelines. More information on compliance
with this provision is located at www. niem .qov /implementationguide.php.
4. Provisions of 28 CFR applicable to grants and cooperative agreements, including
Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical
Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
JAG 09 Subrecipient Agreement 17
Intergovernmental Review of Department of Justice Programs and Activities; Part
35, Nondiscrimination on the Basis of Disability in State and Local Government
Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42,
Nondiscrimination /Equal employment Opportunities Policies and Procedures;
Part 46, Protection of Human Research Subjects (including all OJP policies and
procedures related thereto, and including the obtainment of Institutional Review
Board approval, if appropriate, and subject informed consent); 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).
5. Subrecipient agrees to submit to the City for the City to submit to BJA for review
and approval any curricula, training materials, proposed publications, reports, or
any other written materials that will be published, including web -based materials
and web site content, through funds from this Grant at least thirty (30) working
days prior to the targeted dissemination date. Any written, visual, or audio
publications resulting from Grant funds, with the exception of press releases,
shall contain the following statements: "This project was supported by Grant No.
2009 -DJ -BX -0471 awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Office of Justice Programs, which also
includes the Bureau of Justice Statistics, the National Institute of Justice, the
Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and
the Office for Victims of Crime. Points of view or opinions in this document are
those of the author and do not represent the official position or policies of the
United States Department of Justice." The current edition of the OJP Financial
Guide provides guidance on allowable printing and publication activities.
6. Subrecipient agrees that, within 120 days of receiving Grant funds, for any law
enforcement task force funded with these Grant funds, the task force
commander, agency executive, task force officers, and other task force members
of equivalent rank, will complete required online (internet- based) task force
training to be provided free of charge through BJA's Center for Task Force
Integrity and Leadership. This training will address task force effectiveness as
well as other key issues including privacy and civil liberties /rights, task force
performance measurement, personnel selection, and task force oversight and
accountability. Additional information will be provided by BJA regarding the
required training and access methods via BJA's web site and the Center for Task
Force Integrity and Leadership (www.ctfli.org).
7. All confidentiality requirements of 42 U.S.C. §3789g and 28 CFR Part 22 that are
applicable to the collection, use and revelation of data or information.
Subrecipient shall submit a Privacy Certificate that is in accord with requirements
of 28 CFR Part 22 and, in particular, §22.23.
JAG 09 Subrecipient Agreement 18
8. Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, 42 U.S.C. §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.
9. Requirements of the Genetic Information Nondiscrimination Act of 2008.
10. Subrecipient shall take reasonable steps to provide meaningful access to their
programs and activities for persons with limited English proficiency in accordance
with Federal Department of Justice guidance pertaining to Title VI of the Civil
Rights Act of 1964.
11. Subrecipient shall promptly refer to the City and Grantor any credible evidence
that a principal, employee, agent, contractor, subcontractor, or other person has
either (a) submitted a false claim for grant funds under the False Claims Act; or
(b) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity or similar misconduct involving grant funds.
12. To avoid duplicating existing networks or IT systems in any initiatives funded by
Grantor for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, any such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate
connectivity, unless Subrecipient can demonstrate to the satisfaction of Grantor
that this requirement would not be cost effective or would impair the functionality
of an existing or proposed IT system.
13. Subrecipient shall comply with all reporting, data collection and evaluations
requirements, as prescribed by law and detailed by Grantor in program guidance
for the JAG program.
14. Subrecipient shall ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded
by this Grant during the performance period for the Grant.
15. Subrecipient agrees that the funds received under this Agreement will not be
used to supplant State or local funds, but will be used to increase the amounts of
such funds that would, in the absence of Federal funds, be made available for
law enforcement activities.
16. Subrecipient acknowledges and agrees that all of its programs funded by this
Grant must conform to the Grant program requirements as stated in the BJA
program guidance.
C. Reporting and Registration Requirements
This Grant award requires Subrecipients to complete projects or activities which are
funded under the Grant and to report on use of Grant funds. Information from these
reports will be made available to the public.
JAG 09 Subrecipient Agreement 19
Subrecipient shall submit quarterly reports to Grantor using the Bureau of Justice
Assistance (BJA) Performance Measurement Tool (PMT) system, which is
located at https : / /www.bjaperformancetools.org /. Such quarterly reports on this
system shall commence October 30,2009 and continue through to the end of the
Grant period, even if all Grant funds have been spent prior to the end of such
Grant period. Subrecipient shall be assigned a user name and password to
access this system. Prior to the Subrecipient submitting its first quarterly report,
Subrecipient shall ensure that it has a valid DUNS profile and an active
registration with the Central Contractor Registration Database.
Directions for fulfilling this reporting requirement are located at
https:/ /www.bjaperformancetools.org /
Subrecipients must complete and submit their reports on the BJA PMT system
no later than 5 days before the due dates listed below. On November 14 of each
year, the City will submit a full report on the Grants Management System (GMS)
using information provided by the Subrecipient in its BJA PMT report. The City
shall have the right to review Subrecipient reports and request edits if necessary,
and Subrecipient shall provide additional information in its quarterly reports as
necessary in order for the City to submit a complete and full report on the GMS
Subrecipient shall not be responsible for submitting programmatic and financial
reports directly to the GMS.
The reporting schedule is as follows:
Reporting Period
Type of Data Required
PMT Due Date
Program Performance
July 1— September 30
Measures and
October 25th
Narrative
October 1 - December 31
Program Performance
January 25
Measures
January 1 - March 31
Program Performance
April 25th
Measures
April 1 - June 30
Program Performance
July 25th
Measures
D. Noncompliance and Compliance with Special Conditions
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
Subrecipient to City of any unlawful expenditures.
To obtain the Grant funds, the Grantor required an authorized representative of the City
to sign certain promises and special conditions regarding the way the Grant funds would
be spent ( "Special Conditions "). These Special Conditions are attached hereto as
Exhibit G. By signing these Special Conditions, the City became liable to the Grantor
JAG 09 Subrecipient Agreement 20
for any funds that are used in violation of the Grant requirements. Subrecipient shall be
liable to the Grantor for any funds the Grantor determines Subrecipient used in violation
of these Special Conditions. Subrecipient shall indemnify and hold harmless the city for
any sums the Grantor determines Subrecipient used in violation of the Special
Conditions.
§416. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of Subrecipient as an
independent party and not as a City employee.
§417. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or otherwise
under title 35 of the U.S. Code, including, without limitation, processes and business
methods made in the course of work under this Agreement, the Contractor shall report
the fact and disclose the Invention promptly and fully to the City. The City shall report
the fact and disclose the Invention to the Grantor. Unless there is a prior agreement
between the City and the Grantor, the Grantor shall determine whether to seek
protection on the Invention. The Grantor shall determine how the rights in the Invention,
including rights under any patent issued thereon, will be allocated and administered in
order to protect the public interest consistent with the policy ( "Policy ") embodied in the
Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C.
§200 et seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive Departments
and Agencies, dated 2/18/1983); and EO 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987
Comp., p. 220 (as amended by EO 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987
Comp., p. 262). Contractor hereby agrees to be bound by the Policy, and will
contractually require its personnel to be bound by the Policy.
B. Rights to Use Inventions
City and Grantor shall have an unencumbered right, and a non - exclusive, irrevocable,
royalty -free license, to use, manufacture, improve upon, and allow others to do so for all
government purposes, any Invention developed under this Agreement.
C. Copyright Policv
Unless otherwise provided by the terms of the Grantor or of this Agreement,
when copyrightable material (Material) is developed under this Agreement, the
author or the City, at the City's discretion, may copyright the Material. If the City
declines to copyright the Material, the City shall have an unencumbered right,
and a non - exclusive, irrevocable, royalty -free license, to use, manufacture,
improve upon, and allow others to do so for all government purposes, any
Material developed under this Agreement.
JAG 09 Subrecipient Agreement 21
2. The Grantor shall have an unencumbered right, and a non - exclusive, irrevocable,
royalty -free license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this Agreement or
any Copyright purchased under this Agreement.
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any data first
produced or delivered under this Agreement. "Unlimited rights" means the right to use,
disclose, reproduce, prepare derivative works, distribute copies to the public, and
perform and display publicly, or permit others to do so; as required by 48 CFR 27.401.
Where the data are not first produced under this Agreement or are published
copyrighted data with the notice of 17 U.S.C. §401 or 402, the Grantor acquires the data
under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights.
(48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Contractor shall require all subcontractors to comply with the obligations of this section
by incorporating the terms of this section into all subcontracts.
§418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage Policy
This section is not applicable to this contract, and is intentionally left blank.
§419. Earned Income Tax Credit
Under the terms of this Agreement, Subrecipient is exempt from compliance with the
provisions of §10.37.4 of the Los Angeles Administrative Code.
§420. Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with the
provisions of §10.37.4 of the Los Angeles Administrative Code.
§421. Contractor Responsibility Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with the
provisions of the Contractor Responsibility Ordinance (CRO), §10.40 et seq., of Article
14, Chapter 1 of Division 10 of the Los Angeles Administrative Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with the
Slavery Disclosure Ordinance, §10.41 of the Los Angeles Administrative Code.
JAG 09 Subrecipient Agreement 22
§423. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient is exempt from compliance with the
Child Support Assignment Orders Ordinance, §10.10 of the Los Angeles Administrative
Code. Subrecipient shall comply with California Family Code Section §5230 et seq. as
applicable.
§424. Minority, Women, and Other Business Enterprise Outreach Program
am
It is the policy of the City to provide minority business enterprises (MBEs), women
business enterprises (WBEs) and all other business enterprises an equal opportunity to
participate in the performance of all Subrecipient contracts, including procurement,
construction and personal services. This policy applies to Subrecipient and its
contractors and subcontractors.
§425. Faith -Based Activities
Organizations that are religious or faith -based are eligible, on the same basis as any
other organization, to participate in the grant funded program. However, a Contractor
that participates in a grant- funded program shall comply with the following provisions if it
is deemed to be a religious or faith -based organization.
A. County may not engage in inherently religious activities, such as worship, religious
instruction, or prose lytization, as part of the programs or services funded under this
Contact. If County conducts such activities, the activities must be offered separately, in
time or location, from the programs or services funded under this Agreement, and
participation must be voluntary for the beneficiaries of the grant- funded programs or
services.
B. A religious or faith -based Contractor will retain its independence from Federal, State,
and local governments, and may continue to carry out its mission, including the
definition, practice, and expression of its religious beliefs, provided that it does not use
direct grant funds to support any inherently religious activities, such as worship,
religious instruction, or prose lytization.
C. A religious or faith -based Contractor may use space in their facilities to provide grant
funded services, without removing religious art, icons, scriptures, or other religious
symbols.
D. A religious or faith -based Contractor retains its authority over its internal governance,
and it may retain religious terms in its organizations name, select its board members on
a religious basis, and include religious references in its organizations mission
statements and other governing documents.
E. A religious or faith -based Contractor shall not, in providing program assistance,
discriminate against a program beneficiary or prospective program beneficiary on the
basis of religion or religious belief.
JAG 09 Subrecipient Agreement 23
F. Grant funds may not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
G. Grant funds may be used for the acquisition, construction, or rehabilitation of structures
only to the extent that those structures are used for conducting eligible activities under
this Section. Where a structure is used for both eligible and inherently religious
activities, Grant funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in accordance with
the cost accounting requirements applicable to Grant funds herein. Sanctuaries,
chapels, or other rooms that a Grant funded religious congregation uses as its principal
place of worship, however, are ineligible for Grant funded improvements. Disposition of
real property after the term of the grant, or any change in use of the property during the
term of the grant, is subject to government -wide regulations governing real property
dispositions.
V.
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should Subrecipient fail for any reason to comply with the contractual obligations of this
Agreement within the time specified by this Agreement, the City reserves the right to
terminate the Agreement, reserving all rights under state and federal law.
§502. Suspension (This section intentionally left blank.)
§503. Notices of Suspension (This section intentionally left blank.)
§504. Termination (This section intentionally left blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the services to be
performed by Subrecipient, and any increase or decrease in the amount of
compensation which are agreed to by the City and Subrecipient shall be incorporated
into this Agreement by a written amendment properly executed and signed by the
person authorized to bind the parties thereto.
Subrecipient agrees to comply with all future City Directives, or any rules, amendments
or requirements promulgated by the City affecting this Agreement.
JAG 09 Subrecipient Agreement 24
M
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 is executed in three (3) triplicate originals, each of which is deemed to
be an original. This Agreement includes twenty six (26) pages, six (6) Exhibits, and one
(1) Attachment, all of which constitute the entire understanding and agreement of the
parties.
JAG 09 Subrecipient Agreement 25
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to be
executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For:
THE CI F LOS ELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO . VI RA S ayor
By
Deputy Attorne
BY
1-
U(ntonig R. Villaraigosa, Mayor
Date g w I'Q
OCT 15 2010
Date
ATTEST:
JUNE LAGMAY, City Clerk
h
By
eputy City Clerk
Date
APPROVED AS TO FORM:
City of Arcadia,
a municipal corporation
By P. G
�-�--
STEPHEN P. DEITSCH, City
By
Attorney
Donald Penman, City Manager
Date 9" 28 _ o
Date
[SEAL]
ATTEST:
I
By � L J,41AA
LISA 4USSENDEN, Chief Deputy
City Clerk
Date q' oL 9 ` 10
Internal Revenue Service ID Number:
Council File /OARS File Number: 09 -2545 Date of Approval January 19, 2010
City Contract Number
JAG 09 Subrecipient Agreement 26
EXHIBIT A
INSURANCE
(Not applicable to this Agreement)
JAG 09 Subrecipient Agreement 27
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, 44 CFR Part 17, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING)
The prospective recipient (or subrecipient) of Federal assistance funds certifies that it or
its principals:
(a) 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;
(b) Have not within a three -year period preceding this Agreement been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph 1(b) of this certification; and
(d) Have not within a three -year period preceding this Agreement had one or more
public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any
of the statements in this certification, such prospective participant shall attach an explanation
to this proposal.
c- r17gS4-
AGREEMENT NUMBER
City of Arcadia
RECIPIENT /SUBRECIPIENT /CONTRACTOR /BORROWER /AGENCY
Donald Penman City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
J) 41='11 r Q
SIGNATURE DATE
JAG 09 Subrecipient Agreement 28
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal
assistance funds is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later determined
that the prospective recipient of Federal assistance funds knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and /or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate
written notice to the person to which this agreement is entered, if at any time the
prospective recipient of Federal assistance funds learns that its certification was
erroneous, when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this
proposal that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation
in this covered transaction, unless authorized by the department or agency with
which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting
this proposal that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency
by which it determines the eligibility of its principals. Each participant may, but is not
required to, check the List of Parties Excluded from Procurement or
Non - Procurement 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
JAG 09 Subrecipient Agreement 29
that which is normally possessed by a prudent person in the ordinary course of
business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntary excluded
from participation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and /or
JAG 09 Subrecipient Agreement 30
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report
Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
4. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by Section 1352 Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less that $10,000 and not
more than $100,000 for each such failure.
C -/►79 W
AGREEMENT NUMBER
City of Arcadia
SUBRECIPIENT /CONTRACTOR /BORROWER/AGENCY
Donald Penman, City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
pe- --
SIGNATURE DATE
/J
JAG 09 Subrecipient Agreement 31
EXHIBIT D
CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
(Capitalized terms herein shall have those meanings set forth in the Agreement to which this Certification is attached
as an Exhibit)
The Subrecipient certifies that it will or will continue to provide a drug -free workplace, in accordance with the federal
Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq.), 28 CFR Part 67; and the California Drug -Free Workplace
Act of 1990, Government Code § §8350 -8357, by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the Subrecipient's workplace and specifying the actions that will
be taken against employees for violation of such prohibition.
2. Establishing an on -going drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Subrecipient'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 the 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 the
Grant program, the employee will:
a. Abide by the terms of the statement, and
b. Notify the Subrecipient 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.
5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under subparagraph 4. b.
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
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4.b. with
respect to any employee who is so convicted:
a. 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
b. 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.
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of the provisions
of this certification.
C — 1179 8V
AGREEMENT NUMBER
City of Arcadia
CONTRACTOR /BORROWER /AGENCY
Donald Penman, City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
1Q'YVrt —f�►. 9 P8 1 1 0
SIGNATURE DATE
JAG 09 Subrecipient Agreement 32
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EXHIBIT F
INTERNET RESOURCES FOR RECOVERY ACT JAG 2009
The Office of Justice Programs (OJP) Financial Guide 2008
http: / /www.ojp.usdoj.gov /financialguide /index.htm
2. OJP Procurement Procedures Guide
http: / /www.oip.usdoi.gov /funding /pdfs /procurement procedures.pdf
3. Edward Byrne Memorial Justice Assistance Grant (JAG) Formula
Program: Local Solicitation
. http: / /www. oip. usdoi.gov /BJA/g rant/09JAG LocalSol. pdfusdoi.Qov /BJA/ara
nt/09JAG Loca ISol. pdf
4. Department of Justice Grants Management Rules
http: / /www.access.gpo.gov /nara /cfr /waisidx 09/28cfr66 09.html
5. Office of Management and Budget (OMB) Circulars
http: / /www.whitehouse.gov /omb /circulars default/
JAG 09 Subrecipient Agreement 36
EXHIBIT G
GRANT SPECIAL CONDITIONS
JUSTICE ASSISTANCE GRANT FY 2009
1. The recipient agrees to comply with the financial and administrative requirements
set forth in the current edition of the Office of Justice Programs (OJP) Financial
Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal
Employment Opportunity Plan (if recipient is required to submit one pursuant to
28 CFR §42.302), that is approved by the Office for Civil Rights, is a violation of
its Certified Assurances and may result in suspension or termination of funding,
until such time as the recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of
OMB Circular A -133, Audits of States, Local Governments, and Non - Profit
Organizations, and further understands and agrees that funds may be withheld,
or other related requirements may be imposed, if outstanding audit issues (if any)
from OMB Circular A -133 audits (and any other audits of OJP grant funds) are
not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either
directly or indirectly, in support of the enactment, repeal, modification or adoption
of any law, regulation or policy, at any level of government, without the express
prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a
principal, employee, agent, contractor, subrecipient, subcontractor, or other
person has either: 1) submitted a false claim for grant funds under the False
Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud,
conflict of interest, bribery, gratuity, or similar misconduct involving grant funds.
This condition also applies to any subrecipients. Potential fraud, waste, abuse, or
misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e -mail: oig.hotline @usdoj.gov
hotline: (contact information in English and Spanish): (800) 869 -4499
JAG 09 Subrecipient Agreement 37
or hotline fax: (202) 616 -9881
Additional information is available from the DOJ OIG website at www.usdoj.gov /oig.
6. The recipient agrees to assist BJA in complying with the National Environmental
Policy Act (NEPA), the National Historic Preservation Act, and other related
federal environmental impact analyses requirements in the use of these grant
funds, either directly by the grantee or by a subrecipient. Accordingly, the
recipient agrees to first determine if any of the following activities will be funded
by the grant, prior to obligating funds for any of these purposes. If it is determined
that any of the following activities will be funded by the grant, the recipient agrees
to contact BJA.
The recipient understands that this special condition applies to its following new
activities whether or not they are being specifically funded with these grant funds.
That is, as long as the activity is being conducted by the grantee, a subrecipient,
or any third party and the activity needs to be undertaken in order to use these
grant funds, this special condition must first be met. The activities covered by this
special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally
or historically sensitive area, including properties located within a 100 -year
flood plain, a wetland, or habitat for endangered species, or a property
listed on or eligible for listing on the National Register of Historic Places;
C. A renovation, lease, or any proposed use of a building or facility that will
either (a) result in a change in its basic prior use or (b) significantly change
its size;
d. Implementation of a new program involving the use of chemicals other
than chemicals that are (a) purchased as an incidental component of a
funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine
laboratory operations, including the identification, seizure, or closure of
clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require
the preparation of an Environmental Assessment and /or an Environmental
Impact Statement, as directed by BJA. The recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed
at http: / /www.ojp. usdoj .gov /BJA/resource /nepa.html, for programs relating to
methamphetamine laboratory operations.
Application of This Special Condition to Recipient's Existing Programs or
Activities: For any of the recipient's or its subrecipients' existing programs or
activities that will be funded by these grant funds, the recipient, upon specific
JAG 09 Subrecipient Agreement 38
request from BJA, agrees to cooperate with BJA in any preparation by BJA of a
national or program environmental assessment of that funded program or
activity.
7. To avoid duplicating existing networks or IT systems in any initiatives funded by
BJA for law enforcement information sharing systems which involve interstate
connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the grantee can demonstrate to the satisfaction of BJA that
this requirement would not be cost effective or would impair the functionality of
an existing or proposed IT system.
8. To support public safety and justice information sharing, OJP requires the
grantee to use the National Information Exchange Model (NIEM) specifications
and guidelines for this particular grant. Recipient shall publish and make
available without restriction all schemas generated as a result of this grant to the
component registry as specified in the guidelines. For more information on
compliance with this special condition, visit
http:// www. niem .gov /implementationguide.php.
9. The recipient is required to establish a trust fund account. (The trust fund may or
may not be an interest - bearing account.) The fund, including any interest, may
not be used to pay debts or expenses incurred by other activities beyond the
scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG).
The recipient also agrees to obligate and expend the grant funds in the trust fund
(including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must
be returned to the Bureau of Justice Assistance no later than 90 days after the
end of the grant period, along with the final submission of the Financial Status
Report (SF -269).
10. The recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by law and detailed by the BJA in program guidance
for the Justice Assistance Grant (JAG) Program. Compliance with these
requirements will be monitored by BJA.
11. The recipient agrees that any information technology system funded or supported
by OJP funds will comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies, if OJP determines this regulation to be applicable. Should
OJP determine 28 CFR Part 23 to be applicable, OJP may, at its discretion,
perform audits of the system, as per the regulation. Should any violation of 28
CFR Part 23 occur, the recipient may be fined as per 42 U.S.C. §3789g(c) -(d).
Recipient may not satisfy such a fine with federal funds.
12. The recipient agrees to ensure that the State Information Technology Point of
Contact receives written notification regarding any information technology project
funded by this grant during the obligation and expenditure period. This is to
facilitate communication among local and state governmental entities regarding
various information technology projects being conducted with these grant funds.
JAG 09 Subrecipient Agreement 39
In addition, the recipient agrees to maintain an administrative file documenting
the meeting of this requirement. For a list of State Information Technology Points
of Contact, go to
http: / /www. it.ojp.gov /default.aspx? area= policyAndPractice &page =1046.
13. The grantee agrees to comply with the applicable requirements of 28 CFR Part
38, the Department of Justice regulation governing "Equal Treatment for Faith
Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment
Regulation provides in part that Department of Justice grant awards of direct
funding may not be used to fund any inherently religious activities, such as
worship, religious instruction, or prose lytization. Recipients of direct grants may
still engage in inherently religious activities, but such activities must be separate
in time or place from the Department of Justice funded program, and participation
in such activities by individuals receiving services from the grantee or a sub -
grantee must be voluntary. The Equal Treatment Regulation also makes clear
that organizations participating in programs directly funded by the Department of
Justice are not permitted to discriminate in the provision of services on the basis
of a beneficiary's religion. Notwithstanding any other special condition of this
award, faithbased organizations may, in some circumstances, consider religion
as a basis for employment. See http:// www. ojp .gov /about/ocr /equal_fbo.htm.
14. The recipient acknowledges that all programs funded through subawards,
whether at the state or local levels, must conform to the grant program
requirements as stated in BJA program guidance.
15. The recipient agrees to comply with the requirements of 28 CFR Part 46 and all
Office of Justice Programs policies and procedures regarding the protection of
human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
16. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.
§3789g and 28 CFR Part 22 that are applicable to collection, use, and revelation
of data or information. Recipient further agrees, as a condition of grant approval,
to submit a Privacy Certificate that is in accord with requirements of 28 CFR Part
22 and, in particular, §22.23.
17. The recipient agrees that funds received under this award will not be used to
supplant State or local funds, but will be used to increase the amounts of such
funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
18. The recipient agrees that within 120 days of award, for any law enforcement task
force funded with these funds, the task force commander, agency executive, task
force officers, and other task force members of equivalent rank, will complete
required online (internet- based) task force training to be provided free of charge
through BJA's Center for Task Force Integrity and Leadership. This training will
address task force effectiveness as well as other key issues including privacy
and civil liberties /rights, task force performance measurement, personnel
selection, and task force oversight and accountability. Additional information will
JAG 09 Subrecipient Agreement 40
be provided by BJA regarding the required training and access methods via
BJA's web site and the Center for Task Force Integrity and Leadership
(www.ctfli.org).
19. The recipient agrees to submit to BJA for review and approval any curricula,
training materials, proposed publications, reports, or any other written materials
that will be published, including web -based materials and web site content,
through funds from this grant at least thirty (30) working days prior to the targeted
dissemination date. Any written, visual, or audio publications, with the exception
of press releases, whether published at the grantee's or government's expense,
shall contain the following statements: "This project was supported by Grant No.
2009 -DJ -BX -0471 awarded by the Bureau of Justice Assistance. The Bureau of
Justice Assistance is a component of the Office of Justice Programs, which also
includes the Bureau of Justice Statistics, the National Institute of Justice, the
Office of Juvenile Justice and Delinquency Prevention, the SMART Office, and
the Office for Victims of Crime. Points of view or opinions in this document are
those of the author and do not represent the official position or policies of the
United States Department of Justice." The current edition of the OJP Financial
Guide provides guidance on allowable printing and publication activities.
20. Recipient may not obligate, expend or drawdown funds until the Bureau of
Justice Assistance, Office of Justice Programs has received and approved the
signed Memorandum of Understanding (MOU) between the disparate
jurisdictions and has issued a Grant Adjustment Notice (GAN) releasing this
special condition.
21. Recipient may not obligate, expend or drawdown funds until the Bureau of
Justice Assistance, Office of Justice Programs has received documentation
demonstrating that the state or local governing body review and /or community
notification requirements have been met and has issued a Grant Adjustment
Notice (GAN) releasing this special condition.
22. The recipient agrees expeditiously to obtain active registration with the Central
Contractor Registration (CCR) database, and to notify the program office in
writing of its registration. Following satisfaction of this requirement, a Grant
Adjustment Notice will be issued to remove this special condition.
JAG 09 Subrecipient Agreement 41
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i
OFFICE OF THE MAYOR
RECEIVED
CITY OF ARCADIA
CITY MANAGER
ANTONIO R. VILLARAIGOSA
October 19, 2010
Donald Penman
City Manager
City of Arcadia
240 West Huntington Drive
Arcadia CA 91066
RE: Subrecipient Agreement: C- 117984 - JAG 2009 Grant
Dear Mr. Penman,
Enclosed, please find the executed Subrecipient Agreement between the City of Los
Angeles and the City of Arcadia for your records.
Should you have any questions relative to this matter, please contact Thalia
Polychronis, Grant Specialist at (213) 978 -0825 or myself at (213)978 -2619.
Thank you.
Very truly yours,
CT-7111
Terry Rose
Grant Analyst
Office of the Mayor
Homeland Security and Public Safety
Enclosure
cc: Robert Sanderson, Chief of Police
200 NORTH SPRING STREET • LOS ANGELES, CALIFORNIA 90012
PHONE: (213) 978 -0600 • FAX: (213) 978 -0750
EMAIL: MAYOR @LACITY.ORG