HomeMy WebLinkAbout06.B- Fire
6.8
RESOLUTION (ID # 1448)
DOC ID: 1448 A
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Grant
From: Michael Conrad
MlCC Meeting Date: 01/09/2012
Prepared by: Norma Camarena, (909) 384-
5286
Dept: Fire
Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City of San Bernardino to Enter into an Agreement with the City of Los Angeles for the Purpose
of Accepting and Administering the FY 2009 Regional Catastrophic Preparedness Grant
Program. (Recommended for Approval at the Grants Ad Hoc Committee Meeting of December
13,2011 - Committee Members Present: Brinker, Kelley)
Financial Imoact:
The Fire Department and Police Department would each receive $110,000 to fund personnel, for
a total of $220,000 to support plan development. Allowable costs including salary and benefits
for those involved in the plan development will be covered by the $220,000 funding, which
requires a matching City contribution. The matching cost share contribution can be cash or in-
kind, no federal funding contributions will be considered for the required match. The City will
be required to provide an in-kind match of$75,531.30 and the City plans to use already budgeted
Fire and the Police Department personnel costs in lieu of a cash contribution to meet this
obligation. Based on this there would not be any additional cost to the City. The Fire
Department identified FY 2009 RCPG funding as part of the reduction recommendation for Tier
2 in FY 20 I 0/11 and personnel costs will get reimbursed in this year.
Payments for expenditures approved in the grant will be on a reimbursement basis. Therefore,
the City will request reimbursement of expenditures through the City of Los Angeles subsequent
to expenditures. The final reimbursement requests for the grant period must be submitted to the
City of Los Angeles on or before September 12, 2012.
Motion: Authorize the Director of Finance to amend the FY 2011/12 budget to receive
grant funds; and adopt Resolution.
Svnoosis of Previous Couucil Action:
12/13/11
Grants Ad Hoc Committee-Item recommended for approval. Attendees: Council
members Chas Kelley and Tobin Brinker.
04/05/10
Resolution #20 I 0-65 authorizing the City of San Bernardino to enter into an
agreement with the City of Los Angeles for the purpose of accepting and
administering the FY 2007/2008 Regional Catastrophic Preparedness Grant
Updated: 1/5/2012 by Andrea Travis-Miller A
I ~ Packet Pg: 210
6.B
1448
Program.
02/23/10
Grants Ad Hoc Committee-Item recommended for approval.
Backl!:round:
The Fire Department and Police Department are requesting approval to participate with the City
of Los Angeles in the FY 2009 Regional Catastrophic Preparedness Grant Program. The U. S.
Department of Homeland Security provides financial assistance to the Los AngeleslLong Beach
Urban Area Security Area through the Regional Catastrophic Preparedness Grant Program
(RCPG).
On April 5, 2010, the Mayor and Common Council approved resolution #2010-65 accepting the
FY 2007/2008 RCPG funding from the City of Los Angeles for the purpose of developing
regional evacuation, mass care, and sheltering plans in the amount of $200,000.
The Fire Department and Police Department are completing the projects and funding for the FY
2007/2008 RCPG on December 31, 2011. The regional evacuation, mass care, and sheltering
plans needed to be completed prior to initiating the FY 2009 RCPG projects. The Los Angeles
City Council accepted the FY 2009 RCPG from the U.S. Department of Homeland Security and
has received an extension of the performance period to September 12, 2012.
The City of Los Angeles is the administrative and fiscal agent for the FY 2009 RCPG, and has
requested the City of San Bernardino participate as a sub recipient (attachment A). This would
enable the City to receive grant funding and to participate in the development of regional
evacuation and reception plans in the event of a disaster. Attached is the Agreement from the
City of Los Angeles outlining the terms of the agreement for acceptance and administration of
the grant in the amount of $220,000. The period of performance ends on September 12, 2012.
Therefore, funds must be spent by that date.
Participation in the FY 2009 RCPG would enable the City to support ongoing efforts to prepare
for and recover from a major disaster.
On December 13,2011, the Fire Department attended the Grants Ad Hoc Committee to discuss
the acceptance of the FY 2009 Regional Catastrophic Preparedness Grant Program from the City
of Los Angeles. The Grants Committee recommended that the grant be submitted to the Mayor
and Common Council to approve the acceptance of the grant.
City Attorney Review:
Supportinl!: Documents:
reso 1448 (PDF)
2009 RCPG Detailed Budget (PDF)
2009 RCPGP Subrecipient Agreement-Agreement (PDF)
2009 RCPGP Subrecipient Agreement-Exhibit Block
(PDF)
Updated: 1/5/2012 by Andrea Travis-Miller A
I ~ Pilcket Pg. 211
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO
3 ENTER INTO AN AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE
PURPOSE OF ACCEPTING AND ADMINISTERING THE FY 2009 REGIONAL
4 CATASTROPIDC PREPAREDNESS GRANT PROGRAM.
5
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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22 III
SECTION 1. That the City of Los Angeles, hereinafter called "City", and the City of
San Bernardino, hereinafter called "Subgrantee" or "Subrecipient", wish to enter into an
Agreement for expanding the development of regional evacuation, mass care, and sheltering
plans to be implemented in the event of a disaster.
SECTION 2. The City Manager or his designee is hereby authorized and directed to
execute said Agreement, a copy of which is attached and incorporated herein.
SECTION 3. The City Manager or his designee is authorized to accept the FY 2009
Regional Catastrophic Preparedness Grant Program from the City in the amount of $220,000
for the San Bernardino City Fire Department and Police Department to administer as outlined
in the Agreement.
SECTION 4.
The authorization to execute the above referenced Agreement is
rescinded ifit is not executed within ninety (90) days of the passage of this Resolution.
23 III
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27 III
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO
2 ENTER INTO AN AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE
PURPOSE OF ACCEPTING AND ADMINISTERING THE FY 2009 REGIONAL
3 CATASTROPHIC PREPAREDNESS GRANT PROGRAM.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the Mayor and
6
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Common Council of the City of San Bernardino at a
meeting
18
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21 The foregoing resolution is hereby approved this
22
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25
26
27
thereof, held on the _ day of
,2012, by the following vote, to wit:
Council Mcmbcl"ll:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
JENKINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G, Clark, CMC, City Clerk
day of
,2012,
Patrick J, Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F, PENMAN,
City Arney
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SUBRECIPIENT AGREEMENT
Contractor: City of San Bernardino
Title: FY 2009 Regional Catastrophic Preparedness Grant Program
City Contract Number
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6.B.c I
TABLE OF CONTENTS
Section Description
I.
INTRODUCTION
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9101 Parties to the Agreement
9102 Representatives of the Parties and Service of Notices
9103 Independent Contractor
9104 Conditions Precedent to Execution of this Agreement
II.
TERM AND SERVICES TO BE PROVIDED
9201 Time of Performance
9202 Use of Grant Funds
III.
PAYMENT
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STANDARD PROVISIONS
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9301 Payment of Grant Funds and Method of Payment
9401 Construction of Provisions and Titles Herein
9402 Applicable Law, Interpretation and Enforcement
9403 Integrated Agreement
9404 Excusable Delays
9405 Breach
9406 Prohibition Against Assignment or Delegation
9407 Permits
9408 Non-Discrimination and Affirmative Action
9409 Los Angeles City Business Tax Registration Certificate
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TABLE OF CONTENTS
Section Description
9410 Bonds
9411 Indemnification
9412 Conflict of Interest
9413 Insurance
9414 Restriction on Disclosures
9415 Compliance with State and Federal Statutes and Regulations
9416 Federal, State and Local Taxes
9417 Inventions, Patents and Copyrights
9418 Living Wage Ordinance
9419 Earned Income Tax Credit
9420 Equal Benefits Ordinance
9421 Contractor Responsibility Ordinance
9422 Slavery Disclosure Ordinance
9423. Child Support Assignment Orders
9424 Minority, Women, and Other Business Enterprise Outreach Program
9425 Publications
V
DEFAULTS. SUSPENSION. TERMINATION. AND AMENDMENTS
9501. Defaults
9502. Intentionally left blank
9503. Intentionally left blank
9504. Intentionally left blank
9505. Amendments
VI
ENTIRE AGREEMENT
9601. Complete Agreement
9602. Number of Pages and Attachments
Execution (Signature) Page
3
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
EXHIBITS
Insurance (Not applicable to this Agreement)
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Certification Regarding Lobbying
Certification Regarding Drug Free Workplace Requirements
Reimbursement Checklist and Request Forms
Match Activity Log and Documentation Forms
4
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I 6.B.c I
APPENDIX
Appendix A Allowable Costs List
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AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF BERNARDINO
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THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made
and entered into by and between the City of Los Angeles, a municipal
corporation (the "City,"), City of San Bernardino, a municipal corporation of the
State of California (the "Subgrantee" or "Subrecipient").
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W!IN~~~EIH
WHEREAS, the U,S. Department of Homeland Security ("DHS" or
"Grantor"), through the Office of Grants and Training ("G&T") has provided
financial assistance to the Los Angeles/ Long Beach Riverside Urban Area
("LA/LB/R UA") through the Fiscal Year ("FY") 2009 Regional Catastrophic
Preparedness Grant Program ("RCPGP" or the "Grant") in the amount of Three
Million Six Hundred and Seventeen Thousand Dollars ($3,617,000) ("Grant
Funds"), such Grant Funds having been accepted by the City Council (C.F. #08-
0897-S1, 11/19/10); and
WHEREAS, this financial assistance is provided to enhance regional
catastrophic preparedness and continuity of operations efforts, with the aim of
strengthening the LA/LB/R UA against risks associated with catastrophic events;
and
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WHEREAS, this financial assistance is overseen by the California
Emergency Management Agency ("CaIEMA") and administered by the City as
the administrative and fiscal agent for the Grant funds allocated to the LA/LB/R
UA; and
WHEREAS, the City has designated its Office of the Mayor, Office of
Homeland Security and Public Safety ("Mayor's Office") to provide for the proper
monitoring and administration of the Grant and this Agreement; and
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WHEREAS, on or about November 18, 2010, CalEMA extended the
deadline for the applicable performance period for the Grant from April 29, 2011
to October 31,2011; and on or about August 5,2011 CalEMA extended the
deadline for the grants performance period to September 30,2012; and
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WHEREAS, the Mayor's Office, pursuant to authorization provided under
Section 14.8 of the Los Angeles Administrative Code, desires to extend the term
of this Agreement from that previously authorized by City Council to September
30,2012; and
WHEREAS, the City now wishes to distribute the Grant funds allocated to
the Subrecipient in accordance with the provisions of this Agreement and the City
and the Subrecipient are each desirous of executing this Agreement, such
execution having been authorized by the City Council and the Mayor (C.F. #08-
0897 -S 1, 11/19/2010).
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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:
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INTRODUCTION
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~1 01. Parties to the Aqreement
The Parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North
Spring Street, Los Angeles, California 90012; and
7
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B. The City of San Bernanrino, a municipal corporation, having its principal
office at 300 N. "0" Street, San Bernardino, California, 92418.
S 102. Reoresentatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to
administer this Agreement and to whom formal notices, demands and
communications shall be given are as follows:
1. The representative of the City of Los Angeles shall be, unless
otherwise stated in this Agreement:
Eileen Decker, Deputy Mayor
Office of the Mayor
Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0787
Fax: (213) 978-0718
Eileen. Deckerta:!lacitv .orq
2.
The representative of City of Bernardino of shall be:
Charles McNeely, City Manager
City of San Bernardino
300 N. "0" Street, 6th Floor
San Bernardino, CA 92418
Phone: (909) 384-5122
Fax: (909) 384-5138
McNeely- Ch@sbcity.org
with a copy to:
Don Feser, Emergency Services Manager
San Bernardino Fire Department
200 East 3rd Street
San Bernardino, CA 92410
Phone: (909) 384-5115
Fax: (909) 384-5281
Feser _ Do@sbcity.org
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6.B.c
B, Formal notices, demands and communications to be given hereunder by
either party shall be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing,
C. If the name 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.
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S103, Indeoendent 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.
S104. Conditions Precedent to Execution of This Aqreement
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Subrecipient shall provide copies of the following documents to the City,
unless otherwise exempted:
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A. This Section is Left Intentionally Blank
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B, Certifications Regarding Ineligibility, Suspension and Debarment as
required by Executive Order 12549 in accordance with S415.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
S415.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 S415.A.13 of this Agreement and attached hereto as Exhibit D and made a
part hereof.
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TERM AND SERVICES TO BE PROVIDED
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S201. Time of Performance
9
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I 6.B.c I
The term of this Agreement shall commence on August 1, 2009 and end
September 31,2012 and any additional period of time as is required to
complete any necessary close out activities, Said term is subject to the
provisions herein.
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9202. Use of Grant Funds
A, Subrecipient's allocations and use of funds under this Grant shall comply
and be in accordance with, and subject to, the guidance, regulations and
requirements set forth in the following: (1) DHS Fiscal Year 2009
Regional Catastrophic Preparedness Grant Program Guidance and
Application Kit ("DHS 09 Guidance"), (2) DHS Information Bulletins, (3)
CaIEMA's and the Governor's Office of Homeland Security Fiscal Year
2009 Regional Catastrophic Preparedness Grant Program California
Supplement to Federal Program Guidance and Application Kit ("CaIEMA
09 Supplement"), (4) CalEMA Grant Management Memos ("GMM"), (5)
the current editions of the Office of Justice Programs ("OJP") Financial
Guide and the DHS Financial Management Guide, (6) DHS/FEMA's
Grants Management Common Rule as codified in Title 44 Code of Federal
Regulations (CFR) Part 13, and (7) this Agreement. Subrecipient shall
use the Grant Funds allocated to it to support the goals and objectives of
the Grant as set forth by the Grantor and CalEMA as well as the
investments and projects identified in the Investment Justifications for the
Grant, which were submitted as part of the California FY 2009 Regional
Catastrophic Preparedness Grant Program application. Further, use of
the Grant Funds is limited to those investments and projects included in
such Investment Justifications submitted to DHS/FEMA/CaIEMA and
evaluated through the peer review process. Subrecipient shall comply
with any cost sharing requirements and commitments included in such FY
2009 Investment Justifications, where applicable, and all fund matching
requirements applicable to the Subrecipient. Subrecipient agrees that that
Grant Funds will be used to supplement existing funds for program
activities, and will not supplant (replace) non-Federal funds.
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Subrecipient hereby certifies that it has the legal authority to apply for the
financial assistance given through the Grant and has the institutional,
managerial and financial capability to ensure proper planning,
management and completion of its projects being funded by the Grant
Funds. Subrecipient shall assure that Grant Funds allocated to it are used
for allowable, fair and reasonable costs only and will not be transferred
between programs (State Homeland Security Program, Urban Area
Security Initiative, Citizen Corps Program, and Metropolitan Medical
Response System) or fiscal years. Subrecipient shall comply with the
provisions of 2 CFR 215.25 and notify City and CalEMA of any
developments that have a significant impact on Grant Fund supported
activities of Subrecipient, including changes to key program staff,
Subrecipient shall cooperate with any assessments, national evaluation
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6.B.c
efforts, or information or data collection requests, including, but not limited
to, the provision of any information required for the assessment or
evaluation of any activities contemplated by this Agreement.
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan, dated November 19, 2010 (the "Budget"). The
Budget contains detailed listings of items and projects for expenditure
under the terms of this Agreement. The Grant requires a cash or in-kind
contribution of non-Federal funds by Subrecipient in accordance with the
Grant program requirements (the "Match"). Accordingly, the Budget also
sets forth the required Match amount to be contributed by Subrecipient
pursuant to the terms of the Grant. Subrecipient shall use the funds
disbursed under this Agreement only for such items as set forth in the
Budget. 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. All modification requests must be in a form and manner
as approved by the City and must be approved in writing by the City
during the term of this Agreement to be effective. 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
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 CalEMA/Grantor. Final
modification requests must be submitted to the City no later than 60 days
prior to the end of the applicable Grant performance period deadline to
provide the City time to meet CalEMA/Grantor requirements.
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C. Subrecipient shall complete implementation plans, including applicable
project timelines, to manage its allocation of the Grant Funds.
Subrecipient shall provide such implementation plans and any reports
requested by the City regarding performance of this Agreement. Plans
and reports shall be in the form requested by the City, and shall be
provided in a timely manner. The completion of each milestone and
deliverable referenced in the implementation plans is subject to the prior
review and written approval of the City. Subrecipent shall update the
implementation plans quarterly, if necessary, and provide such updates to
the City in order to monitor and evaluate Subrecipient's performance.
Subrecipient shall provide to the City and CalEMA any progress reports
and other information as may be required by CaIEMA.
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D. Subrecipient shall initiate and complete work on a project within the
applicable time frame after receipt of approval for such project from
CaIEMA. CalEMA may grant extensions to the time of performance for a
project on a project-by-project basis at its sole discretion. Any request by
Subrecipient to extend the time of performance for a project must be made
in writing to the Mayor's Office. All extension requests must be approved
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6.6.c
by CalEMA in writing during the term of this Agreement to be effective.
Project extension requests must be submitted to the City no later than 120
days before the end of the applicable project time of performance. 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.
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E. Any and all projects/activities/items undertaken by Subrecipient as set
forth in the Budget and to be reimbursed by Grant Funds under this
Agreement shall be authorized, subject to, and in compliance with the
CalEMA 09 Supplement, GMMs, DHS Information Bulletins, and DHS 09
Guidance, which includes Appendix A: Allowable Costs List (attached
hereto as Exhibit G and made a part hereof).
F. Subrecipient agrees that any equipment acquired or obtained with Grant
Funds (1) will be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement in
consultation with representatives of the various fire, emergency medical,
hazardous materials response services, and law enforcement agencies
within the jurisdiction of the LAlLB/R UA, and deployed with personnel
trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire
Services and Rescue Mutual Aid Plan, and (2) shall be consistent with
needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
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PAYMENT
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~301. Payment of Grant Funds and Method of Payment
12
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6.B.c
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant
amount of Two Hundred and Twenty Thousand Dollars ($220,000) to be
used solely for items listed in the Budget and as described in 3202 above.
The disbursement shall be on a reimbursement basis only. Subrecipient
shall maintain procedures to minimize the time elapsing between the
award of Grant Funds and the disbursement of such funds.
Subrecipient shall contribute its non-Federal funds Match (as previously
defined) requirement to its project contemplated by this Agreement and
the Budget, in accordance with 44 CFR 13.24, the DHS 09 Guidance, and
the CalEMA 09 Supplement. Subrecipient's Match requirement is Seventy
Five Thousand Five Hundred and Thirty One Dollars and Twenty Nine
Cents ($75,531.29).
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B. Subrecipient shall prepare, maintain and provide to the City invoices
requesting payment as well as purchase orders, proof of delivery, proof of
payment and payroll records, timesheets, receipts and any other
supporting documentation necessary to fully and accurately describe the
expenditure of funds for which reimbursement from Grant Funds is sought
under this Agreement. All such supporting documentation shall satisfy
applicable federal, state and City audit and review standards and
requirements. Such documentation shall be prepared at the sole expense
and responsibility of the Subrecipient, and the City will not reimburse the
Subrecipient for any costs incurred for such preparation. The City may
request, in writing, changes to the content and format of such
documentation at any time, and the City reserves the right to request
additional supporting documentation to substantiate costs incurred at any
time.
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Reimbursement requests must be submitted to the City on a monthly
basis, accompanied by supporting documentation as set forth above along
with a properly completed Reimbursement Checklist and Request Form
(attached as Exhibit E hereto and incorporated herein) and Match Activity
Log and Documentation Form (attached as Exhibit F hereto and
incorporated herein) accurately setting forth the amount of Match funds
contributed by the Subrecipient for such month. Final reimbursement
requests for the grant period must be submitted to the City on or before
August 31, 2012. The City will notify Subrecipient in writing if
reimbursement requests and Match documentation forms are inaccurate
and/or incomplete. Inaccurate and/or incomplete reimbursement requests
and Match documentation forms shall be returned to Subrecipient for
revision and shall be accepted by the City when such forms are accurate
and complete.
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The Grantor seeks to encourage Regional Projects, where two or more
jurisdictions or Urban Areas join together on a given project for the
common good of the region. For regional project reimbursements,
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6.B.c
Subrecipient must include approval from the lead agency on that specific
project for all submitted invoices.
C. Subrecipient must account separately for all interest income earned from
the Grant Funds. In accordance with OJP financial guidelines and 44 CFR
Part 13, interest earned on Grant Funds must be reported and returned to
the City. Subrecipient will maintain records of and account for any interest
earned on Grant Funds. Subrecipient shall promptly return to the City all
Grant Funds received which exceed the approved, actual expenditures as
accepted by CalEMA and Grantor. In the event the amount of the Grant
Funds allocated to Subrecipient is reduced, the reimbursement applicable
to the amount of such reduction will be promptly refunded to the City to be
returned to CalEMA and Grantor.
D. It is understood that the City makes no commitment to fund this
Agreement beyond the terms set forth herein.
E. 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.
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6.B.c
IV,
STANDARD PROVISIONS
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.
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g401. Construction of Provisions and Titles Herein
All titles or 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 the City or the Subrecipient. The word "Subrecipient" in this
Agreement includes the party or parties identified in this Agreement. The
singular shall include the plural. If there is more than one Subrecipient
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,
g402, Aoolicable Law. Interoretation and Enforcement
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In any action arising out of this Agreement, Subrecipient consents to
personal jurisdiction, and agrees to bring all such actions, exclusively in
state or federal courts located in Los Angeles County, California.
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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 in g505.
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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.
S403, Intearated Aareement
15
I ;:J;'acket Pg, 230> I
6.B.c
!;404. Excusable Delavs
In the event that performance on the part of any party hereto shall be
delayed or suspended as a result of circumstances beyond the reasonable
control and without the fault and negligence of said party, none of the
parties shall incur any liability to the other parties as a result of such delay
or suspension. Circumstances deemed to be beyond the control of the
parties hereunder shall include, but not be limited to, acts of God or of the
public enemy; insurrection; acts of the Federal Government or any unit of
State or Local Government in either sovereign or contractual capacity;
fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes
or delays in transportation; to the extent that they are not caused by the
party's willful or negligent acts or omissions and to the extent that they are
beyond the party's reasonable control.
Except for excusable delays, as described in !;404, 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.
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permission of the City:
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A, Assign or otherwise alienate any of its rights hereunder, including the
right to payment; or
The Subrecipient and its directors, officers, agents, employees,
contractors and subcontractors, to the extent allowed hereunder, shall
obtain and maintain all licenses, permits, certifications and other
documents necessary for the Subrecipient's performance hereunder and
shall pay any fees required therefore. The Subrecipient certifies to
immediately notify the City of any suspension, termination, lapses,
non-renewals or restrictions of licenses, permits, certificates or other
documents,
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Agreement.
!;407. Permits
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I Packet Pg. 231 I
9408. Nondiscrimination and Affirmative Action
A.
Unless otherwise exempt, this Agreement is subject to the non-
discrimination provisions of Section 10.8 through 10.8.2 of the Los
Angeles Administrative Code, as amended from time to time. The
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). Any subcontract entered into by
Subrecipient, to the extent allowed hereunder, shall include a like
provision for work to be performed under this Agreement.
Failure of Subrecipient to comply with this requirement or to obtain the
compliance of its contractors and subcontractors with such obligations
shall subject Subrecipient to the imposition of any and all sanctions
allowed by law, including but not limited to termination of this Agreement.
B.
The Subrecipient shall comply with the provisions of the Los Angeles
Administrative Code Sections 10.8 through 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 Section 10.8.3, in which event said
provisions are 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 Section 10.8.4, in which event
said provisions are incorporated herein by this reference. The
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 9408.
17
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6.B.c
3409. Los Anqeles City Business Tax Reqistration Certificate
Under the terms of this Agreement, the City's Business Tax Ordinance
(Article 1, Chapter 2, Sections 21.00 and following, of the Los Angeles
Municipal Code) is not applicable.
Each of the parties to this Agreement is a public entity. In contemplation
of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities, solely by
reason of such entities being parties to an Agreement as defined by
Section 895 of said Code, the parties hereto, as between themselves,
pursuant to the authorization contained in Section 895.4 and 895.6 of said
Code, will each assume the full liability imposed upon it or upon any of its
officers, agents, or employees by law, for injury caused by a negligent or
wrongful act or omission occurring in the performance of this Agreement,
to the same extent that such liability would be imposed in the absence of
Section 895.2 of said Code. To achieve the above-stated purpose, each
party indemnifies and holds harmless the other party solely by virtue of
said Section 895.2. The provision of Section 2778 of the California Civil
Code is made a part hereto as if fully set forth herein. Subrecipient
certifies that it has adequate self insured retention of funds to meet any
obligation arising from this Agreement.
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3410. Bonds
Duplicate copies of all bonds, which may be required hereunder, shall
conform to City requirements established by charter, ordinance or policy
and all federal requirements regarding the use of Grant Funds and shall
be filed with the Office of the City Administrative Officer, Risk
Management for its review in accordance with Los Angeles Administrative
Code Sections 11.47 through 11.56.
3411. Indemnification
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A. Pursuant to Government Code Section 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.
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Each party indemnifies and holds harmless the other party for any
loss, costs, or expenses that may be imposed upon such other
party by virtue of Government Code section 895.2, which imposes
joint civil liability upon public entities solely by reason of such
entities being parties to an agreement, as defined by Government
Code section 895.
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6.B.c
C. In the event of third-party loss caused by negligence, wrongful act
or omission by both Parties, each party shall bear financial
responsibility in proportion to its percentage of fault as may be
mutually agreed or judicially determined. The provisions of Civil
Code Section 2778 regarding interpretation of indemnity
agreements are hereby incorporated
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A. Subrecipient shall establish safeguards to prohibit employees from using
their positions for a purpose that constitutes, or presents the appearance
of, personal or organizational conflict of interest, or personal gain for
themselves or others, particularly those with whom they have family,
business, or other ties. 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;
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California Political Reform Act, California Government Code
~871 00 et sea. if such person were a public officer, because
such person would have a "financial or other interest" in the
subcontract.
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or is negotiating any prospective employment; or
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.
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limited to:
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I packeipg~~341
6.B.c
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.
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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).
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.
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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.
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H. The Subrecipient warrants that it has not paid or given and will not payor
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.
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Section into every agreement that it enters into in connection with this
20
I packetpg.235. I
6.B.c I
project and shall substitute the term "subcontractor" for the term
"Contractor" and "sub subcontractor" for "Subcontractor".
This section is not applicable to this Agreement, and is intentionally left
blank.
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9414. Restriction on Disclosures
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:
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Any reports, analysis, studies, drawings, information, or data generated as
a result of this Agreement are to be governed by the California Public
Records Act (California Government Code Sec. 6250 et seq.).
9415. Compliance with State and Federal Statutes and Requlations
A. Statutes and Requlations Applicable To All Grant Contracts
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Circular A-21 (Cost Principles for Educational Institutions); OMB
Circular A-8? (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-11 0 (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.
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2. SinQle Audit Act
If Federal funds are used in the performance of this Agreement,
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c. Subrecipient shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring
22
I Packet Pg. 237 I
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 Insoection
a. At any time during normal business hours and as often as the
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and 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. Subrecipient hereby gives
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and the State of
California, through any authorized representative, access to,
and the right to examine, audit and make excerpts or transcripts
of, all paper or electronic records, books, or documents related
to the Grant Funds and all matters covered by this Agreement,
including, but not limited to all Subrecipient's invoices, materials,
payrolls, records of personnel, conditions of employment and
other data.
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 CalEMAlGrantor 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.
Subrecipient shall establish a proper accounting system in
accordance with generally accepted accounting standards and/or
CalEMAlGrantor directives.
23
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7. Subcontracts and Procurement
Subrecipient shall comply with the State, Federal 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.
a. Subrecipient shall comply with the Intergovernmental Personnel
Act of 1970 (42 U.S.C. SS4728-4763) relating to prescribed
standards 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).
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Subrecipient shall ensure that the terms of this Agreement with the
City are incorporated into all subcontract agreements. Subrecipient
shall submit all Subcontractor Agreements to the City for review
prior to the release of anv funds to the subcontractor. Subrecipient
shall withhold funds to any subcontractor agency that fails to
comply with the terms and conditions of this Agreement and their
respective subcontract agreement.
8.
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organizing activities in accordance with California Government
Code S16645 et seq~
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b. Subrecipient shall comply, as applicable, with the provisions of
the Davis-Bacon Act (40 U.S.C. ss276a to 276a-7), the
Copeland Act (40 U.S.C. S276c and 18 U.S.C. S874), the
Contract Work Hours and Safety Standards Act (40 U.S.C.
SS327-333), regarding labor standards for federally-assisted
construction subagreements, and the Hatch Act (5 U.S.C.
SS1501-1508 and 7324-7328), which limit the political activities
of employees whose principal employment activities are funded
in whole or in part with Federal funds.
c. Subrecipient shall comply with the Federal Fair Labor Standards
Act (29 U.S.C. S 201) regarding wages and hours of
employment.
24
I Packet Pg. 239 I
I 6.B.c I
9. Civil Riqhts
Subrecipient shall comply with all Federal statutes relating to civil
rights and nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as
amended, which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 991681- 1683, and 1685-1686),
which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 9794),
which prohibits discrimination on the basis of handicaps; (d) The
Age Discrimination Act of 1975, as amended (42 U.S.C. 996101-
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) 99523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 99290 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. 993601 et seq.), as amended, relating to non-discrimination
in the sale, rental or financing of housing; (i) Title 44 Code of
Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination; G) Title 28 CFR Part 42, Subparts C, D, E and G;
(k) Title 28 CFR Part 35; (I) any other nondiscrimination provisions
in the specific statute(s) under which application for federal
assistance is being made; (m) the requirements of any other
nondiscrimination statutes which may apply to this Grant; (n) the
nondiscrimination requirements and all other provisions of the
current edition of the OJP Financial and Administrative Guide for
Grants, M7100.1; and (0) P.L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
In the event that a Federal or State court or Federal or State
administrative agency makes a finding of discrimination after a due
process hearing on the grounds of race, color, religion, national
origin, gender or disability against Subrecipient or any of its
contractors or subcontractors being funded with Grant Funds, the
Subrecipient will forward a copy of the finding to the City and the
Office of Civil Rights, Office of Justice Programs.
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I Packet Pgl 240 I
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of the Crime Act, as
appropriate.
If applicable, Subrecipient shall provide an Equal Employment
Opportunity Plan to the Department of Justice Office of Civil Rights
within 60 days of this Grant award.
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
(42 U.S.C. 94601 et seq. [P.L. 91-646]) which provide for fair
and equitable treatment of persons displaced or whose property
is acquired as a result of Federal or Federally-assisted
programs. These requirements apply to all interests in real
property acquired for project purposes regardless of Federal
participation in purchases. Subrecipient shall also comply with
Title 44 CFR, Part 25, Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally-assisted
programs.
b. Subrecipient shall comply with, and provide any information
requested by DHS/FEMNCalEMA to ensure compliance with,
the following laws: (a) institution of environmental quality control
measures under the National Environmental Policy Act of 1969
(P.L. 91-190) and Executive Orders (EO) 11514 and 12898; (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. 991451 et seq.); (f)
conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act
of 1955, as amended (42 U.S.C. 997401 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); (i) the flood
insurance purchase requirements of the Flood Disaster
Protection Act of 1973 9102(a) (P.L. 93-234) which requires
recipients of Federal funds in a special flood hazard area to
participate in the program and to purchase flood insurance if the
total cost of insurable construction and acquisition is ten
26
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thousand dollars ($10,000) or more; and U) Title 44 CFR Parts 9
and 10, referencing floodplain management and environmental
considerations.
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c. Subrecipient shall comply with all applicable Federal, State, and '"
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requirements. Failure to meet Federal, State, and local EHP ()
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potential to impact the EHP resources without prior written c:
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approval of City and DHS/FEMAlCaIEMA, including, but not 'tl
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limited to, communications towers, physical security 'tl
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activities initiated prior to full EHP review will result in a Co
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noncompliance finding. If ground-disturbing activities occur "
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during the project implementation, the Subrecipient must ensure <(
monitoring of the disturbance. If any potential archaeological co
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resources are discovered, the Subrecipient will immediately ...
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e. Subrecipient shall comply, if applicable, with the Lead-Based Q)
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Paint Poisoning Prevention Act (42 U.S.C. 334801 et seq.) 'u
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rehabilitation of residence structures. =>
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Subrecipient shall ensure that the facilities under its ownership, Q)
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lease or supervision which shall be utilized in the J:
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accomplishment of Subrecipient's projects are not on the -
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Environmental Protection Agency's (EPA) List of Violating
Facilities, and it will notify the City and DHS/FEMAlCaIEMA of
27
I Pack8tPg.'242 I
I 6.B.c I
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.
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Environmental Quality Act (CEQA), Public Resources Code
~21000 et seq. and California Code of Regulations, Title 14,
Chapter 3 Section 15000-15007, 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).
11. Preservation
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j. Subrecipient shall comply with applicable provisions 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.
Subrecipient shall comply with, and assist CalEMA in assuring
compliance with, Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. ~470), EO 11593
(identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
~~469a-1 et seq.).
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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
(attached hereto as Exhibit B and made a part hereof). 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.
Subrecipient shall not make any award or permit any award
(subcontract or contract) to any party which is debarred or
suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order
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12549 and 12689, "Debarment and Suspension."
13. DruQ-Free Workolace
14.
Subrecipient shall comply 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. Subrecipient shall execute and submit to the City
concurrent with the execution of this Agreement the Certification
Regarding Drug Free Workplace Requirements attached hereto as
Exhibit D and made a part hereof.
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 Subrecipient 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. Subrecipient may not engage in inherently religious
activities, such as worship, religious instruction, or
proselytization, as part of the programs or services funded
under this Contact. If Subrecipient 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 Subrecipient 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 proselytization.
c. A religious or faith-based Subrecipient 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 Subrecipient retains its authority
over its internal governance, and it may retain religious
terms in its organization's name, select its board members
on a religious basis, and include religious references in its
29
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organization's mission statements and other governing
docurnents.
e. A religious or faith-based Subrecipient shall not, in providing
program assistance, discriminate against a program
beneficiary or prospective program beneficiary on the basis
of religion or religious belief.
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.
15.
Miscellaneous
Subrecipient shall comply, if applicable, with the Laboratory Animal
Welfare Act of 1966, as amended (P.L. 89-544, 7 U.S.C. ~~2131 et
seq.), pertaining to the care, handling and treatment of warm
blooded animals held for research, teaching, or other activities
supported by these Grant Funds, and P.L. 93-348, regarding the
protection of human subjects involved in research, development,
and related activities supported by this Grant award. 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 ofTitle V of the National Energy Conservation Policy
Act (42 U.S.C. 8251 et seq.) or subtitle A ofTitle I of the Energy
Policy Act of 2005 (including the amendments made thereby), nor
shall Grant Funds be used in contravention of section 303 of the
Energy Policy Act of 1992 (42 U.S.C.13212).
30
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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:
1.
Title 28 Code of Federal Regulations (CFR) Parts 66 and 70; EO
12372; Current edition of the OJP Financial Guide (M7100.1);
Current edition of the DHS Financial Management Guide; DOJ
Office for Civil Rights Regulations; Title 2 CFR Parts 215,225,220,
and 230; Title 44 CFR, including part 13; Federal Acquisition
Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations; DHS 08
Guidance; CalEMA 09 Supplement; DHS Information Bulletins; and
GMMs.
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, S 8607 et seq.
and CCR Title 19, SS 2445-2448.
3.
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,
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; 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,
and Federal laws or regulations applicable to federal Assistance
Programs; Part 66, Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments;
Part 67, Government-Wide Debarment and Suspension (Non-
Procurement); Part 69, New Restrictions on Lobbying; Part 70
Uniform Administrative Requirements for Grants and Cooperative
31
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6.B.c
Agreements (including sub-awards) with Institutions of Higher
Learning, Hospitals and other Non-profit Organizations; Part 83,
Government-Wide Requirements for a Drug Free Workplace ~
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Subrecipient shall use the latest NIEM specifications and guidelines C>
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regarding the use of Extensible Markup Language (XML) for all its u
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5. Subrecipient is required to take reasonable steps to ensure that .;:
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to its programs. Meaningful access may entail providing language l:
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assistance services, including oral and written translation, where 'C
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necessary. The grantee is encouraged to consider the need for 'C
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language services for LEP persons served or encountered both in co
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developing their proposals and budgets and in conducting their l:
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programs and activities. Q.
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6. Subrecipient agrees to cooperate with the City and Grantor with <(
any assessments, national evaluation efforts, or information or data co
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collection requests, including, but not limited to, the provision of any ~
information required for the assessment or evaluation of any -
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activities within their grant agreement. This includes any '"
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assessments, audits, or investigations conducted by the "
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or the Government Accountability Office. Subrecipient shall provide ,
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7, Subrecipient agrees that Grant funds utilized to establish or -
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enhance state and local fusion centers must support the "
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development of a statewide fusion process that corresponds with '(j
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the Global Justice/Homeland Security Advisory Council (HSAC) .Q
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Fusion Center Guidelines and achievement of a baseline level of III
capability as defined by the Fusion Capability Planning Tool. l1.
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reasonable travel expenses incurred in the performance of this l:
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Agreement, to include travel and per diem, unless otherwise E
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expressed. Subrecipient's total travel for in-State and/or out-of- co
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State and per diem costs shall be included in the contract <(
budget(s). All travel including out-of-State travel not included in the
32
I Packet Pg. 247 I
I 6.B.c I
budget(s) shall not be reimbursed without prior written authorization
from the Mayor's Office.
Subrecipient's travel and per diem reimbursement costs shall be
reimbursed in accordance with City policy, Subrecipient's policies
and procedures, and federal rules and regulations regarding this
Grant.
9.
Noncomoliance
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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.
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9416. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of the
Subrecipient as an independent party and not as a City employee.
9417. Inventions, Patents and Coovriohts
A. Reoortino Procedure for Inventions
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If any project of Subrecipient funded under this Agreement 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, Subrecipient
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/FEMNCaIEMA. Unless there is a prior agreement between the
City and Grantor/FEMNCaIEMA , Grantor/FEMN CalEMA shall
determine whether to seek protection on the Invention.
Grantor/FEMNCaIEMA 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 ofTitle 35 U.S.C. Sections 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 Executive Order 12591, 4/10/87, 52 FR
13414,3 CFR, 1987 Comp., p. 220 (as amended by Executive Order
12618, 12/22/87,52 FR 48661,3 CFR, 1987 Comp., p. 262).
Subrecipient hereby agrees to be bound by the Policy, will contractually
require its personnel to be bound by the Policy, and will consult with
Grantor/FEMNCaIEMA regarding allocation of any patent rights that arise
from, or are purchased with, Grant Funds.
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6.B.c I
B, Riqhts to Use Inventions
City and Grantor/FEMNCaIEMA shall have an unencumbered right, and a
non-exclusive, irrevocable, royalty-free license, to use, manufacture, -
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Grantor/FEMA, at Grantor/FEMA and City's discretion, may ';:
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copyright the Material. If the Grantor/FEMA and City decline to l/I
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copyright the Material, the Grantor/FEMA and City shall have an E
unencumbered right, and a non-exclusive, irrevocable, royalty-free "C
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license, to use, manufacture, improve upon, and allow others to do "C
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2. Grantor/FEMA shall have an unencumbered right, and a non- Q)
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upon, reproduce, publish, or otherwise use, and authorize others to co
use, for Federal government purposes: (a) any Material developed :i
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3. Contractor shall comply with 24 CFR 85.34. e
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The Grantor and the City shall have unlimited rights or copyright license to e
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any data first produced or delivered under this Agreement. "Unlimited <(
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works, distribute copies to the public, and perform and display publicly, or 'Q.
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permit others to do so; as required by 48 CFR 27.401. Where the data Q)
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data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires '"
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34
I : Packet Pg. 2411.. I
6.B.c
9418. Livina Waae Ordinance
This section is not applicable to this contract, and is intentionally left blank.
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
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9419. Earned Income Tax Credit
9420. Eaual Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of the Contractor Responsibility Ordinance
(CRO), Section 10.40 et sea., of Article 14, Chapter 1 of Division 10 of the
Los Angeles Administrative Code.
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compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
9421.Contractor Responsibilitv Ordinance
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Under the terms of this Agreement, Subrecipient is exempt from
compliance with the Slavery Disclosure Ordinance, Section 10.41 of the
Los Angeles Administrative Code.
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9422. Slaverv Disclosure Ordinance
9423. Child Support Assianment Orders
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the Child Support Assignment Orders Ordinance, Section
10.10 of the Los Angeles Administrative Code. Subrecipient shall comply
with California Family Code Section 5230 et seq. as applicable.
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9424. Minoritv. Women. and Other Business Enterprise Outreach Proaram
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 Contractor
contracts, including procurement, construction and personal services.
Subrecipient agrees that, to the extent contractors or subcontractors are
utilized, Subrecipient shall use small, minority, women-owned, or
disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
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I Packet fog. 250 I
6.B.c
9425. Publications and Markinqs
All publications created or published with funding under this Grant shall
prominently contain the following statement: "This document was
prepared under a grant from FEMA's Grant Programs Directorate, U.S.
Department of Homeland Security. Points of view or opinions expressed
in this document are those of the authors and do not necessarily represent
the official position or policies of FEMA's Grant Programs Directorate or
the U.S. Department of Homeland Security."
When practicable, any equipment purchased with Grant funding shall be
prominently marked as follows: "Purchased with funds provided by the
U.S. Department of Homeland Security."
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6.B.c
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
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.
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9501. Defaults
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/allocation 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.
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9502. (This section intentionally left blank.)
9503. (This section intentionally left blank.)
9504. (This section intentionally left blank.)
9505. Amendments
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Subrecipient agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this
Agreement.
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VI
ENTIRE AGREEMENT
9601. Complete Aqreement
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.
9602, Number of Paqes and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty-seven (37)
pages, six (6) Exhibits and one (1) Appendix which constitute the entire
understanding and agreement of the parties.
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6.B.c
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 CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By By
Deputy City Attorney Antonio R. Villaraigosa, Mayor
Homeland Security and
Date Public Safety, Mayor's Office
Date
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM: For: City of San Bernardino
By By
City Attorney
Date Date
ATTEST: [SEAL]
By
Date
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Council File/OARS File Number:
City Contract Number
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I Packet Pg. 254 I
6.B.d
EXHIBIT A
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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)
1. 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 ofrecords,
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
I (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.
AGREEMENT NUMBER
RECIPIENT/SUBRECIPIENT/CONTRACTORlBORROWERI AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
DATE
6.B.d
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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. Ifit 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 Fecteral 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," tlprimary covered transaction," llprincipal," "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 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 debarment.
6.B.d
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts. Grants. Loans
and Cooperative Al!reements
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. 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.
AGREEMENT NUMBER
SUBRECIPIENT/CONTRACTOR/BORROWERI AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
DATE
6.B.d
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6.B.d
CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited
in the Contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
2. Establishing a drug-free awareness program to inform empioyees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilttation and empioyee assistance
programs; and
d. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
3. Making tt 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 WIA program, the employee will;
a. Abide by the terms of the statement, and
b. Notify the Contractor of any criminal drug statute convictions for a
violation occurring in the workplace no later than five days after such
conviction.
5. Notifying the City within ten days after receiving notice under subparagraph 4. b.
from an employee or otherwise receiving actual notice of such conviction.
6. Taking one of the following actions, wtthin 30 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, or
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of the provision of this certification.
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The Contractor certifies that it will provide a drug-free workpiace, in accordance with the federal
Drug-Free Workplace Act of 1988 (41 USC 701 et~,), 28 CFR Part 67; and the California
Drug-Free Workplace Act of 1990, CA Gov't Code 338350-8357:
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Los Angelesl Long Beachl Riverside Urban Area
FY 2007/2008 Regional Catastrophic Preparedness Grant Program
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FOR PLANNING: PERSONNEL <(
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D Reimbursement Reauest Form: Complete all fields and provide original authorized signature and date. tn
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D Match Documentation Form: Include Match Activity Log if using travel as match. a
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D Functional Timesheets: Official Timekeeping System Record Printout with employee name, number of hours charged per day, dates, ~
totals. If time is not submitted electronically, provide copy of paper timecards with employee and supervisor signatures.
Q)
D Pavroll reaister indicating the salary, hourly rate, employee benefits, overtime rate. Must be an official payroll register, not an e: ~
document. Provide pay rate calculations if not clearly stated. ~
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REQUIRED SUPPORTING DOCUMENTS
FOR CLAIM REIMBURSEMENT
FOR PLANNING: CONTRACTOR AND CONSULTING SERVICES
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items requesting reimbursement. Each item circled must have project #, a funding SOURCE, and TOTAL a;
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o Proof of Pavrnent: Copy of canceled check and/or internal accounts payable record.
o Schedule of Deliverable.
o Final End Product: Planning deliverable in hard copy
ADOITIONAL ITEMS
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Conferencesl Works hODS: Invoices and proof of payment for instructor, facilities, etc
Submitted By:
Signature:
Date:
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CITY OF LOS ANGELES
REGIONAL CATASTROPHIC PREPAREDNESS
GRANT PROGRAM
REIMBURSEMENT REQUEST FORM
Return EXDenditure Reauests to:
Marcel Hovsepian, Grant Specialist
Mayor's Office of Homeland Security and Public Safety
200 N. Spring St., Room #M175
Los Angeles, CA 90012
Fax: 213.978.0718
Jurisdiction:
Agency/Department:
to
Expenditure Period:
RCPGP FYOl D
RCPGP Fyoa D
RCPGP FY09 D
Project Letter:
Master Item #:
Sub-Line #:
Prepared By:
Phone No.:
Please mark this box to indicate
final request for reimbursement 0
Type of Expenditure
Authorized
Total Amount
Previously
Requested
Current
Request
Balance
Plannin Costs
Or anizational Activities
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