HomeMy WebLinkAbout2012-245 1 RESOLUTION NO. 2012-245
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
3 AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE PURPOSE OF
4 ACCEPTING AND ADMINISTERING THE FY 2010 REGIONAL CATASTROPHIC
PREPAREDNESS GRANT PROGRAM.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City of Los Angeles, hereinafter called "Los Angeles", and
8
the City of San Bernardino, hereinafter called "Subgrantee" or "Subrecipient", wish to enter
9
into an Agreement to continue expanding the development of regional evacuation, mass care
10
11 and sheltering plans to be implemented in the event of a disaster;
12 SECTION 2. The City Manager or her designee is hereby authorized and directed to
13 execute said Agreement, a copy of which is attached and incorporated herein as Attachment
14
15
SECTION 3. The City Manager or her designee is authorized to accept the FY 2010
16
17 Regional Catastrophic Preparedness Grant Program from the City of Los Angeles in the
18 amount of$203,714 for the San Bernardino City Fire Department and Police Department to
19 administer as outlined in the Agreement;
20 SECTION 4. The authorization to execute the above referenced Agreement is
21
rescinded if it is not executed within one hundred and twenty (120) days of the passage of
22
this resolution.
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2012-245
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE PURPOSE OF
3 ACCEPTING AND ADMINISTERING THE FY 2010 REGIONAL CATASTROPHIC
4 PREPAREDNESS GRANT PROGRAM.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a joint regular meeting
8 thereof, held on the 1st day of October , 2012, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 MARQUEZ x
12 JENKINS x
13 VALDIVIA x
14 SHORETT
15
KELLEY x
16
JOHNSON x
17
18 MCCAMMACK
19
20 Gerog nn Hanna, 4t7lerk
NN)
21 The foregoing Resolution is hereby approved this at. day of October , 2012.
22
23
P J. Morris, ayor
24 City of San Bernardino
25
Approved as to form:
26 JAMES F. PENMAN,
27 City Attorney
28 By: 64°
/66.7,66 �F�'`' �' 42
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4 2012-245
SUBRECIPIENT AGREEMENT
Contractor: City of San Bernardino
Title: FY 2010 Regional Catastrophic Preparedness Grant Program
City Contract Number
2012-245
SUBRECIPIENT AGREEMENT,
Contractor: City of San Bernardino
Title: FY 2010 Regional Catastrophic Preparedness Grant Program
City Contract Number Ct
Received
DEC - b 2012
San Bernardino City
Fire Department
2012-245
TABLE OF CONTENTS
Section P- age
I.
INTRODUCTION
§101. Parties to the Agreement 7
§103. Independent Party 8
§104. Conditions Precedent to Execution of This Agreement 8
II.
TERMS AND SERVICES TO BE PROVIDED
§201. Time of Performance 10
§202. Use of Grant Funds 10
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment 13
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein 15
§402. Applicable Law, Interpretation and Enforcement 15
§403. Integrated Agreement 15
§404. Excusable Delays 16
§405. Breach 16
§406. Prohibition Against Assignment or Delegation 16
§407. Permits 16
§408. Nondiscrimination and Affirmative Action 17
§409. Los Angeles City Business Tax Registration Certificate 18
§410. Bonds 18
§411. Indemnification 18
§412. Conflict of Interest 19
§413. Insurance 21
§414. Restriction on Disclosures 21
§416. Federal, State and Local Taxes 33
§417. Inventions, Patents and Copyrights 33
§418. Living Wage Ordinance 35
§419. Earned Income Tax Credit 35
§420. Equal Benefits Ordinance 35
§421. Contractor Responsibility Ordinance 35
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TABLE OF CONTENTS,
Section Page
§422. Slavery Disclosure Ordinance 35
§423. Child Support Assignment Orders 35
§424. Minority, Women and Other Business Enterprise Outreach Program
36
§425. Publications and Markings 36
V.
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 37
§502. (This section intentionally left blank.) 37
§503. (This section intentionally left blank.) 37
§504. (This section intentionally left blank.) 37
§505. Amendments 37
VI.
ENTIRE AGREEMENT
§601. Complete Agreement 38
§602. Number of Pages and Attachments 38
Execution (Signature) Page 39
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EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Drug Free Workplace Requirements
Exhibit E Reimbursement Checklist and Request Forms
Exhibit F Match Activity Log and Documentation Forms
Exhibit G Appendix A: Allowable Costs List
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AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF SAN BERNARDINO
THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made
and entered into by and between the City of Los Angeles, a municipal
corporation (the "City,"),and the City of San Bernardino, a municipal corporation
(the "Subgrantee" or "Subrecipient").
WITNESSETH
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") 2010 Regional Catastrophic
Preparedness Grant Program ("RCPGP" or the "Grant") in the amount of Three
Million Five Hundred Seventy Thousand Dollars ($3,570,000) ("Grant Funds"),
such Grant Funds having been accepted by the City Council (C.F. #10-1954,
December 6, 2011); and
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, 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
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
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. #10-
1954, December 6, 2011).
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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
§101. Parties to the Agreement
The Parties to this Agreement are:
A. The City of Los Angeles, a municipal corporation, having its principal office
at 200 North Spring Street, Los Angeles, California 90012; and
B. The City of San Bernardino, a municipal corporation, having its principal
office at 300 N. "D" Street, San Bernardino, California, 92418.
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to
administer this Agreement and to whom formal notices, demands and
communications shall be given are as follows:
1. The representative of the 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.Decker@lacity.org
2. The representative of City of San Bernardino of shall be:
Andrea Travis-Miller, Interim City Manager
City of San Bernandino
300 N. "D" Street, 6th Floor
San Bernardino, CA 92418
Phone: (909) 384-5122
Fax: (909) 384-5138
Travis-Miller_An@sbcity.org
with a copy to:
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Don Feser, Emergency Services Manager
San Bernandino Fire Department
200 East 3rd Street
San Bernandino, CA 92410
Phone: (909) 384-5115
Fax: (909) 384-5281
Feser_Do @sbcity.org
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.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an
agent or employee of the City. No employee of Subrecipient, is, or shall
be, an employee of the City by virtue of this Agreement, and Subrecipient
shall so inform each employee organization and each employee who is
hired or retained under this Agreement. Subrecipient shall not represent
or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the City.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide copies of the following documents to the City,
unless otherwise exempted:
A. This Section is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as
required by Executive Order 12549 in accordance with §415.A.12 of this
Agreement and attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with
§415.A.4 of this Agreement and attached hereto as Exhibit C and made a
part hereof. Subrecipient shall also file a Disclosure Form at the end of
each calendar quarter in which there occurs any event requiring disclosure
or which materially affects the accuracy of the information contained in
any Disclosure Form previously filed by Subrecipient.
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D. Certification Regarding Drug Free Workplace Requirements in accordance
with §415.A.13 of this Agreement and attached hereto as Exhibit D and
made a part hereof.
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I I
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall be from August 1, 2010 to March 31,
2013 (the "Term"); provided, however, that any and all expenditures made
by Subrecipient shall be reimbursed by Subrecipient's allocation of Grant
Funds pursuant to this Agreement only if such expenditures were made no
later than 60 days prior to the end of the Term of this Agreement (the
"Expenditure Deadline"). Any and all expenditures made by Subrecipient
after the Expenditure Deadline shall not be reimbursed under this
Agreement unless, prior to such expenditure, the Mayor's Office, in its sole
discretion, has approved in writing the making of such expenditure after
the Expenditure Deadline. Subrecipient shall cooperate with any
necessary close out activities in connection with its use of the Grant
Funds. Said Term is subject to the provisions herein.
§202. 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 2010
Regional Catastrophic Preparedness Grant Program Guidance and
Application Kit ("DHS 10 Guidance"), (2) DHS Information Bulletins, (3)
CaIEMA's Fiscal Year 2010 Regional Catastrophic Preparedness Grant
Program California Supplement to Federal Program Guidance and
Application Kit ("CaIEMA 10 Supplement"), (4) CaIEMA 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 CaIEMA as well as the investments and projects identified in the
Investment Justifications for the Grant, which were submitted as part of
the California FY 2010 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 2010 Investment Justifications,
where applicable, and all fund matching requirements applicable to the
Subrecipient. Subrecipient agrees that that Grant Funds will be used to
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supplement existing funds for program activities, and will not supplant
(replace) non-Federal funds.
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 CaIEMA 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
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. Subrecipient
shall not be delinquent in the repayment of any Federal debt (OMB
Circular A-129).
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan, dated December 6, 2011 (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 CaIEMA/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 CaIEMA/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 CaIEMA any progress reports
and other information as may be required by CaIEMA.
D. Subrecipient shall initiate and complete work on a project within the
applicable time frame after receipt of approval for such project from
CaIEMA. CaIEMA 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
by CaIEMA 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.
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
CaIEMA 10 Supplement, GMMs, DHS Information Bulletins, and DHS 10
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 LA/LB/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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III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant
amount of Two Hundred Three Thousand Seven Hundred Fourteen
Dollars ($203,714.00) to be used solely for items listed in the Budget and
as described in §202 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 10 Guidance, and
the CaIEMA 10 Supplement. Subrecipient's Match requirement is
Seventy-One Thousand Four Hundred Seventy-Nine Dollars ($71.479.00).
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.
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
thirty-one (31) of days prior to the expiration of the Term of this
Agreement. 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
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Match documentation forms shall be returned to Subrecipient for revision
and shall be accepted by the City when such forms are accurate and
complete.
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,
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 CaIEMA 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 CaIEMA 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 from the Grantor.
The Agreement may be terminated immediately upon written notice to
Subrecipient of a loss or reduction of federal grant funds.
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IV.
STANDARD PROVISIONS
§401. 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.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws
of the United States of America, the State of California, and the City,
including but not limited to, laws regarding health and safety, labor and
employment, wage and hours and licensing laws which affect employees.
This Agreement shall be enforced and interpreted under the laws of the
State of California and the City without regard to conflict of law principles.
Subrecipient shall comply with new, amended, or revised laws, regulations
and/or procedures that apply to the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to
personal jurisdiction, and agrees to bring all such actions, exclusively in
state or federal courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local
government having jurisdiction over this Agreement, the validity of the
remaining parts, terms or provisions of this Agreement shall not be
affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with
respect to the subject matter hereof, and replaces any and all previous
agreements or understandings, whether written or oral, relating thereto.
This Agreement may be amended only as provided for in §505.
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§404. Excusable Delays
In the event that performance on the part of any party hereto shall be
delayed or suspended as a result of circumstances beyond the reasonable
control and without the fault and negligence of said party, none of the
parties shall incur any liability to the other parties as a result of such delay
or suspension. Circumstances deemed to be beyond the control of the
parties hereunder shall include, but not be limited to, acts of God or of the
public enemy; insurrection; acts of the Federal Government or any unit of
State or Local Government in either sovereign or contractual capacity;
fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes
or delays in transportation; to the extent that they are not caused by the
party's willful or negligent acts or omissions and to the extent that they are
beyond the party's reasonable control.
§405. Breach
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.
§406. Prohibition Against Assignment or Delegation
The Subrecipient may not, unless it has first obtained the written
permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the
right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties under this
Agreement.
§407. Permits
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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§408. 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 §408.
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§409. Los Angeles City Business Tax Registration 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.
§410. 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.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation
of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities, solely by
reason of such entities being parties to an Agreement as defined by
Section 895 of said Code, the parties hereto, as between themselves,
pursuant to the authorization contained in 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 for liability that is
imposed 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.
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.
B. Each party indemnifies and holds harmless the other party for any
loss, costs, or expenses that may be imposed upon such other
party by virtue of Government Code section 895.2, which imposes
joint civil liability upon public entities solely by reason of such
entities being parties to an agreement, as defined by Government
Code section 895.
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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
§412. Conflict of Interest
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;
2. The subcontractor is someone with whom such person has
or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq. if such person were a public officer, because
such person would have a "financial or other interest" in the
subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to
domestic partner and/or those persons related by blood or
marriage, such as husband, wife, father, mother, brother,
sister, son, daughter, father in law, mother in law, brother in
law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not
limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
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proceeds, prospect of a promotion or of future
employment, a profit, or any other form of financial
reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial
interest of five percent or more; ownership of five
percent or more of the stock; employment in a
managerial capacity; or membership on the board of
directors or governing body.
C. (This section intentionally left blank.)
D. The Subrecipient further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value
from any actual or potential subcontractor, supplier, a party to a sub
agreement, (or persons who are otherwise in a position to benefit from the
actions of any officer, employee, or agent).
E. The Subrecipient shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the
relationship between said person and the Subrecipient.
F. Prior to obtaining the City's approval of any subcontract, the Subrecipient
shall disclose to the City any relationship, financial or otherwise, direct or
indirect, of the Subrecipient or any of its officers, directors or employees or
their immediate family with the proposed subcontractor and its officers,
directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and
laws of the City of Los Angeles, State of California, and Federal
regulations regarding conflict of interest.
H. The Subrecipient warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining
this Agreement.
I. The Subrecipient covenants that no member, officer or employee of
Subrecipient shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in
connection with this project during his/her tenure as such employee,
member or officer or for one year thereafter.
J. The Subrecipient shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this
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project and shall substitute the term "subcontractor" for the term
"Contractor" and "sub subcontractor" for "Subcontractor".
§413. Insurance
This section is not applicable to this Agreement, and is intentionally left
blank.
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as
a result of this Agreement are to be governed by the California Public
Records Act (California Government Code Sec. 6250 et seq.).
§415. Compliance with State and Federal Statutes and Regulations
A. Statutes and Regulations Applicable To All Grant Contracts
Subrecipient shall comply with all applicable requirements of state,
federal, County and City of Los Angeles laws, executive orders,
regulations, program and administrative requirements, policies and any
other requirements governing this Agreement. Subrecipient shall comply
with state and federal laws and regulations pertaining to labor, wages,
hours, and other conditions of employment. Subrecipient shall comply
with new, amended, or revised laws, regulations, and/or procedures that
apply to the performance of this Agreement. These requirements include,
but are not limited to:
1. Office of Management and Budget (OMB) Circulars
Subrecipient shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB
Circular A-87 (Cost Principles for State, Local, and Indian Tribal
Governments); OMB Circular A-102 (Grants and Cooperative
Agreements with State and Local Governments); Common Rule,
Subpart C for public agencies or OMB Circular A-110 (Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations); OMB Circular A-122 (Cost Principles for Non-Profit
Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations.
2. Single Audit Act
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If Federal funds are used in the performance of this Agreement,
Subrecipient shall adhere to the rules and regulations of the Single
Audit Act, 31 USC Sec. 7501 et seq.; City Council action dated
February 4, 1987 (C.F. No. 84-2259-S1); and any administrative
regulation or field memos implementing the Single Audit Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that it will comply with the Americans
with Disabilities Act 1990 ("ADA"), 42 USC §§ 12101 et seq., and
its implementing regulations, including Subtitle A, Title II of the
ADA. Subrecipient will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance
with the provisions of the ADA. Subrecipient will not discriminate
against persons with disabilities nor against persons due to their
relationship to or association with a person with a disability. Any
contract entered into by the Subrecipient (or any subcontract
thereof), relating to this Agreement, to the extent allowed
hereunder, shall be subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
a. None of the funds, materials, property or services provided
directly or indirectly under this Agreement shall be used for any
partisan political activity, or to further the election or defeat of
any candidate for public office. Subrecipient shall not use any
funds provided under this Agreement be used, directly or
indirectly, to support the enactment, defeat, repeal, modification
or adoption of any law, regulation, pending legislation, pending
regulation, or policy (pending or otherwise), at any level of
government. None of the funds provided pursuant to this
Agreement shall be used for any sectarian purpose or to
support or benefit any sectarian activity.
b. Concurrent with the execution of this Agreement, Subrecipient
shall submit to the City a Certification Regarding Lobbying and a
Disclosure Form, if required, in accordance with 31 U.S.C.
1352. A copy of the Certificate is attached hereto as Exhibit C
and incorporated herein. No funds will be released to
Subrecipient until the Certification is filed.
c. Subrecipient shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring
disclosure or which materially affects the accuracy of any of the
information contained in any Disclosure Form previously filed by
Subrecipient. Subrecipient shall require that the language of
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this Certification be included in the award documents for all sub-
awards at all tiers and that all subcontractors shall certify and
disclose accordingly.
5. Records Inspection
a. At any time during normal business hours and as often as the
City, the 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 CalEMA/Grantor with
respect to all matters covered on file for all documents specified in
this Agreement. Original forms are to be maintained on file for all
documents specified in this Agreement. Such records shall be
retained for a period of five (5) years after termination of this
Agreement and after final disposition of all pending matters.
"Pending matters" include, but are not limited to, an audit, litigation
or other actions involving records. The City may, at its discretion,
take possession of, retain and audit said records. Records, in their
original form pertaining to matters covered by this Agreement, shall
at all times be retained within the County of Los Angeles unless
authorization to remove them is granted in writing by the City.
Subrecipient shall establish a proper accounting system in
accordance with generally accepted accounting standards and/or
CaIEMA/Grantor directives.
7. Subcontracts and Procurement
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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.
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 any 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. Labor
a. Subrecipient shall comply, as may be applicable, with the
Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-
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).
b. Subrecipient shall comply, as may be applicable, with the
provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-
7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the
Contract Work Hours and Safety Standards Act (40 U.S.C.
§§327-333), regarding labor standards for federally-assisted
construction subagreements, and the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328), which limit the political activities
of employees whose principal employment activities are funded
in whole or in part with Federal funds.
c. Subrecipient shall comply, as may be applicable, with the
Federal Fair Labor Standards Act (29 U.S.C. § 201) regarding
wages and hours of employment.
d. None of the funds shall be used to promote or deter union/labor
organizing activities in accordance with California Government
Code §16645 et seq_
9. Civil Rights
Subrecipient shall comply, as applicable, 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-
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352), as amended, which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §794), which prohibits discrimination on the basis of
handicaps; (d) The Age Discrimination Act of 1975, as amended
(42 U.S.C. §§6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee 3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VIII of the Civil Rights Act of 1968
(42 U.S.C. §§3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; (i) Title 44
Code of Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination; (j) 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 (o) 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
subgrantees, 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.
Subrecipient shall comply, and ensure that its subgrantees and
contractors complies, with the nondiscrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of the Crime Act, as
appropriate.
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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. §4601 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/FEMA/CaIEMA 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. §§1451 et seq.); (f)
conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act
of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection
of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523); (h)
protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93205); (i) the flood
insurance purchase requirements of the Flood Disaster
Protection Act of 1973 §102(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
thousand dollars ($10,000) or more; and (j) 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
local environmental and historical preservation (EHP)
requirements. Failure to meet Federal, State, and local EHP
requirements and obtain applicable permits may jeopardize
Federal funding. Subrecipient will comply with all conditions
placed on any project as the result of the EHP review, and any
change to the scope of work of a project will require re-
evaluation of compliance with these EHP requirements.
Subrecipient agrees not undertake any project having the
potential to impact the EHP resources without prior written
approval of City and DHS/FEMA/CaIEMA, including, but not
limited to, communications towers, physical security
enhancements, new construction and modifications to buildings
that are fifty (50) years old or more. Any construction related
activities initiated prior to full EHP review will result in a
noncompliance finding. If ground-disturbing activities occur
during the project implementation, the Subrecipient must ensure
monitoring of the disturbance. If any potential archaeological
resources are discovered, the Subrecipient will immediately
cease activity in that area and notify the City and
DHS/FEMA/CaIEMA and the appropriate State Historic
Preservation Office.
d. Subrecipient shall comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national wild and
scenic rivers system.
e. Subrecipient shall comply, if applicable, with the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.)
which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
f. Subrecipient shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.) which restores and
maintains the chemical, physical and biological integrity of the
Nation's waters.
g. Subrecipient shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the
accomplishment of Subrecipient's projects are not on the
Environmental Protection Agency's (EPA) List of Violating
Facilities, and it will notify the City and DHS/FEMA/CaIEMA of
the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA.
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h. Subrecipient is, and shall be in compliance with the California
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).
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.
11. Preservation
Subrecipient shall comply with, and assist CaIEMA 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.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and
Subrecipient shall submit a Certification Regarding Debarment
required by Executive Order 12549 and 12689 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
12549 and 12689, "Debarment and Suspension."
13. Drug-Free Workplace
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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.
14. 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
organization's mission statements and other governing
documents.
e. A religious or faith-based Subrecipient shall not, in providing
program assistance, discriminate against a program
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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 of Title V of the National Energy Conservation Policy
Act (42 U.S.C. 8251 et seq.) or subtitle A of Title I of the Energy
Policy Act of 2005 (including the amendments made thereby), nor
shall Grant Funds be used in contravention of section 303 of the
Energy Policy Act of 1992 (42 U.S.C. 13212).
B. Statutes and Regulations Applicable To This Particular Grant
Subrecipient shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
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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; CaIEMA 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, § 8607 et seq.
and CCR Title 19, §§ 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
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
(grants).
RCPGP 10 Subrecipient Agreement 31 2/12
City of San Bernardino
2012-245
3. Technology Requirement:
a. Subrecipient shall use the latest National Information
Exchange Model (NIEM) specifications and guidelines
regarding the use of Extensible Markup Language (XML) for
all projects funded by this Grant. Further information about
the required use of NIEM specifications and guidelines is
available at www.niem.gov.
b. For any information technology system funded by Grant
Funds under this Agreement, Subrecipient shall ensure that
such project complies with 28 CFR Part 23, Criminal
Intelligence Systems Operating Policies, if such regulation is
determined to be applicable.
4. In accordance with section 6 of the Hotel and Motel Fire Safety
Action of 1990, 15 U.S.C. §2225a, Subrecipient shall ensure that all
conference, meeting, convention, or training space funded in whole
or in part with Grant Funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of
1974, 15 U.S.C. §2225.
5. Subrecipient is required to take reasonable steps to ensure that
LEP (Limited English Proficiency) persons have meaningful access
to its programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where
necessary. The grantee is encouraged to consider the need for
language services for LEP persons served or encountered both in
developing their proposals and budgets and in conducting their
programs and activities.
6. Subrecipient agrees to cooperate with the City and Grantor with
any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any
activities within their grant agreement. This includes any
assessments, audits, or investigations conducted by the
Department of Homeland Security, Office of the Inspector General,
or the Government Accountability Office. Subrecipient shall provide
progress reports and such other information as may be required by
the Grantor/CaIEMA.
7. Subrecipient agrees that Grant funds utilized to establish or
enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with
the Global Justice/Homeland Security Advisory Council (HSAC)
RCPGP 10 Subrecipient Agreement 32 2/12
City of San Bernardino
2012-245
Fusion Center Guidelines and achievement of a baseline level of
capability as defined by the Fusion Capability Planning Tool.
8. Travel Expenses
Subrecipient as provided herein shall be compensated for
reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise
expressed. Subrecipient's total travel for in-State and/or out-of-
State and per diem costs shall be included in the contract
budget(s). All travel including out-of-State travel not included in the
budget(s) shall not be reimbursed without prior written authorization
from the 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. Noncompliance,
Subrecipient understands that failure to comply with any of the
above assurances may result in suspension, termination or
reduction of Grant Funds, and repayment by Subrecipient to City of
any unlawful expenditures.
§416. 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.
§417. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
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/FEMA/CaIEMA . Unless there is a prior agreement between the
City and Grantor/FEMA/CaIEMA , Grantor/FEMA/ CaIEMA shall
determine whether to seek protection on the Invention.
Grantor/FEMA/CaIEMA 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
RCPGP 10 Subrecipient Agreement 33 2/12
City of San Bernardino
2012-245
policy ("Policy") embodied in the Federal Acquisition Regulations System,
which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L.
95-517, Pub. L. 98-620, 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/FEMA/CaIEMA regarding allocation of any patent rights that arise
from, or are purchased with, Grant Funds.
B. Rights to Use Inventions
City and Grantor/FEMA/CaIEMA shall have an unencumbered right, and a
non-exclusive, irrevocable, royalty-free license, to use, manufacture,
improve upon, and allow others to do so for all government purposes, any
Invention developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor/FEMA or of
this Agreement, when copyrightable material ("Material") is
developed under this Agreement, the author, the City or
Grantor/FEMA, at Grantor/FEMA and City's discretion, may
copyright the Material. If the Grantor/FEMA and City decline to
copyright the Material, the Grantor/FEMA and City shall have an
unencumbered right, and a non-exclusive, irrevocable, royalty-free
license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this
Agreement.
2. Grantor/FEMA shall have an unencumbered right, and a non-
exclusive, irrevocable, royalty-free license, to manufacture, improve
upon, reproduce, publish, or otherwise use, and authorize others to
use, for Federal government purposes: (a) any Material developed
under this Agreement and (b) any rights of copyright to which
Subrecipient purchases ownership with Grant Funds.
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited
rights" means the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform and display publicly, or
permit others to do so; as required by 48 CFR 27.401. Where the data
are not first produced under this Agreement or are published copyrighted
RCPGP 10 Subrecipient Agreement 34 2/12
City of San Bernardino
2012-245
data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires
the data under a copyright license as set forth in 48 CFR 27.404(f)(2)
instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors,
Subrecipient shall require all its contractors and subcontractors funded by
Grant Funds to comply with the obligations of this section by incorporating
the terms of this section into all contracts and subcontracts.
§418. Living Waqe Ordinance
This section is not applicable to this contract, and is intentionally left blank.
§419. Earned Income Tax Credit
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
§420. Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
§421.Contractor Responsibility Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of the Contractor Responsibility Ordinance
(CRO), Section 10.40 et seq., of Article 14, Chapter 1 of Division 10 of the
Los Angeles Administrative Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the Slavery Disclosure Ordinance, Section 10.41 of the
Los Angeles Administrative Code.
§423. Child Support Assignment 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.
RCPGP 10 Subrecipient Agreement 35 2/12
City of San Bernardino
2012-245
§424. Minority, Women, and Other Business Enterprise Outreach Program
In accordance with CaIEMA/Grantor directives, 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.
§425. Publications and Markings
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."
RCPGP 10 Subrecipient Agreement 36 2/12
City of San Bernardino
2012-245
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should Subrecipient fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement,
the City reserves the right to terminate the Agreement, reserving all rights
under state and federal law.
§502. (This section intentionally left blank.)
§503. (This section intentionally left blank.)
§504. (This section intentionally left blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the
services to be performed by Subrecipient, and any increase or decrease in
the amount of compensation/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.
Subrecipient agrees to give fair and reasonable consideration to any
requested compliance with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this
Agreement; provided, however, that Subrecipient shall comply with any
such directives, rules, amendments or requirements if such directives,
rules, amendments or requirements directly relate to and are necessary to
ensure City and/or Subrecipient compliance with applicable state and
federal requirements regarding the Grant Funding and its use pursuant to
this Agreement.
RCPGP 10 Subrecipient Agreement 37 2/12
City of San Bernardino
2012-245
VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the
two parties. Neither verbal agreement nor conversation with any officer or
employee of either party shall affect or modify any of the terms and
conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty-nine (39) pages
and seven (7) Exhibits, which constitute the entire understanding and
agreement of the parties.
RCPGP 10 Subrecipient Agreement 38 2/12
City of San Bernardino
2012-245
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 CIT •� LOS • : LES
CARMEN A. TRUTANICH, City Attorney ANTONIO ' •RA ' OS ayor
By By
y
Deputy toni, R. Villaraigosa, Mayor
' torney
Homeland Security and
( /1 Z.►- Public Safety, Mayor's Office
Date NOV 212012
Date
ATTEST: .
JUNE LAGMAY, City Clerk ,tra
•
By
Deputy City Cler r� n
Date // 27.02O/o2—
APPROVED AS TO FORM: For City f San Bernardino
By Ate4.),44., By 11414 etiM Vatit
ity Attorney City Manager
Date T --i Z F ad?i . Date Q Cf h 2,0 (2-
[S EAL]
ATTEST:
By j.k—ev._e. A /
Date //k°11.
City Business License Number: Council
Internal Revenue Service ID Number:
File/OARS File Number: Date of Approval
City Contract Number +lii-/o7/��
RCPGP 10 Subrecipient Agreement 39 2/12
City of San Bernardino
2012-245
EXHIBIT A
(Not applicable to this Agreement)
2012-245
EXHIBIT B
2012-245
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 of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
1(b) of this certification; and
(d) Have not within a three-year period preceding this Agreement had one or more public
transactions (Federal, State, or local)terminated for cause or default.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this proposal.
AGREEMENT NUMBER
City of San Bernardino
RECIPIENT/SUBRECIPIENT/CONTRACTOR/BORRO WER/AGENCY
Andrea Travis-Miller, Acting City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
J/11,„Ltij AlltA I ° Ili it
SIGNATURE DATE
2012-245
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document,the prospective recipient of Federal assistance funds is providing the
certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds
knowingly rendered an erroneous certification,in addition to other remedies available to the Federal
Government,the department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to
which this agreement is entered,if at any time the prospective recipient of Federal assistance funds learns that
its certification was erroneous,when submitted or has become erroneous by reason of changed circumstances.
4. The terms"covered transaction," "debarred," "suspended,""ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal,"and"voluntarily excluded,"as
used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the
proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from
participation in this covered transaction,unless authorized by the department or agency with which this
transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will
include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion
-Lower Tier Covered Transactions,"without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered
transaction,unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,
check the List of Parties Excluded from Procurement or Non-Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed 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.
2012-245
EXHIBIT C
2012-245
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. 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
City of San Bernardino
SUBRECIPIENT/CONTRACTOR/BORRO WER/AGENCY
Andrea Travis-Miller, Acting City Manager
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
J119(.1,.(q, 61,04 041,11,t ( ( g ((
SIGNATURE DATE
2012-245
EXHIBIT D
2012-245
CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
(Capitalized terms herein shall have those meanings set forth in the Agreement to which this Certification
is attached as an Exhibit)
The Contractor/Subrecipient certifies that it will or will continue to provide a drug-free workplace, in
accordance with the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.), 28 CFR Part 67;
and the California Drug-Free Workplace Act of 1990,Government Code §§ 8350-8357,by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying
the actions that will be taken against employees for violation of such prohibition.
2. Establishing an on-going drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug-free workplace;
c. Any available drug counseling,rehabilitation and employee assistance programs;and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Making it a requirement that each employee to be engaged in the performance of the program be given
a copy of the statement required by paragraph 1. above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment
under the Grant program,the employee will:
a. Abide by the terms of the statement,and
b. Notify the Contractor in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction.
5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under
subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice,including position title,to:
Department of Justice,Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue,N.W.
Washington,D.C. 20531
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4.b.with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973,as amended;or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
the provisions of this certification.
City of San Bernardino AGREEMENT#
SUBRECIPIENT/CONTRACTOR/BORRO W ER/AG ENCY
Andrea Travis—Miller, Acting City Manager
NAM ND TITLE, F A HHO®RIZEDIR�EPRRE�SEENTATIVE p
G�Jlltilln WI/ —Milk 1 f i U l( Z
SIGNATURE DAT
2012-245
EXHIBIT E
2012-245
Los Angeles/Long Beach/Riverside Urban Area
FY 2010 Regional Catastrophic Preparedness Grant Program
REQUIRED SUPPORTING DOCUMENTS
FOR CLAIM REIMBURSEMENT
Submit claims and sauppo n ocumer c k M � � ` k
- Marcel o eplan,i rant l3 �.
�ma ribose
�mayor
i "3
o t reUuest,you must submit this the
r‘44.4.41-' _v }Invoices�u f esubmitted as soon as rl A
f all rr and( voic and sut�m f a he x
s r suit rn expenses j► t ey�
-„, o
FOR PLANNING: PERSONNEL
❑ Reimbursement Request Form: Complete all fields and provide original authorized signature and date.
❑ Match Documentation Form: Include Match Activity Log if using travel as match.
❑ Functional Timesheets: Official Timekeeping System Record Printout with employee name, number of hours charged per day, dates, and
totals. If time is not submitted electronically, provide copy of paper timecards with employee and supervisor signatures.
❑ Payroll register indicating the salary, hourly rate, employee benefits, overtime rate. Must be an official payroll register, not an excel
document. Provide pay rate calculations if not clearly stated.
FOR PLANNING:CONTRACTOR AND CONSULTING SERVICES
❑ Reimbursement Request Form: Complete all fields and provide original authorized signature and date.
❑ Invoice: Must be stamped"PAID", signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receipt the
items requesting reimbursement. Each item circled must have project#, a funding SOURCE, and TOTAL
❑ Proof of Payment:Copy of canceled check and/or internal accounts payable record.
❑ Schedule of Deliverables
❑ Final End Product: Planning deliverable in hard copy
ADDITIONAL ITEMS
❑ Travel:Consult www.gsa.aov for approved per diem rates. Provide detailed personal expense statement with supervisor signature.
❑ Conferences/Workshops: Invoices and proof of payment for instructor,facilities, etc
Submitted By: Signature: Date:
2012-245
CITY OF LOS ANGELES
REGIONAL CATASTROPHIC PREPAREDNESS
GRANT PROGRAM
REIMBURSEMENT REQUEST FORM
Return Expenditure Requests to:
Nick Szamet,Grant Specialist Jurisdiction:
Mayor's Office of Homeland Security and Public Safety
200 N.Spring St.,Room#M175 Agency/Department:
Los Angeles,CA 90012
Fax 213.978.0718 Expenditure Period: to
Project Letter: Prepared By:
RCPGP FY07 ❑ Master Item#: Phone No.:
RCPGP FY08 ❑ Sub-Line#: Please mark this box to indicate
RCPGP FY09 ❑ final request for reimbursement❑
Type of Expenditure Authorized Previously Current Cumulative Balance
Total Amount Requested Request Request
Planning Costs
Organizational Activities �_°
Management&Admin " yg
Totalw
This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance
with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim
is for cost incurred within the Grant Performance Period.Also, all supporting documentation related to
these expenditures will be retained in accordance with grant guidelines.
Authorized Department Approval: Please Remit Payment to:
Print Name Agency
Title Address
Signature Date City State Zip
Phone No.(extension) Fax No. Contract No.
E-mail Address
To be completed by HSPS Accounting Department
DHS/OES Reimbursement Request By Transaction ID: Date:
DHS/OES Reimbursement Received: Cash Receipt No. JV No.
Transfer to Depart Date: JV No. Invoice No.
HSPS#:
2012-245
EXHIBIT F
2012-245
MATCH DOCUMENTATION FORM
A of+e ry
k
iiiitio*ciitakiiititUte:-Soilr
i cealiCumentation Air. sloe ld be on file with the-sub4iritee arta feediViVarfal**Kratdiarrt7w041k4f
'
General Information:
The exact match amount required for your award,and the categories it applies to,are included in the language of your contract.
Although the total match required for an award is not due until the end of the performance period,demonstration of how your
jurisdiction/agency is meeting match requirements must be included with each reimbursement request. Any match expenses which
$0.00 will be ongoing in nature,such as Salaries&Benefits,should be described below in the"Ongoing Match Costs"section of this form.
$0.00 NOTE:Failure to adequately document how the total required match was met for this federal grant award may result in the
$0.00 return of federal
fe deralfunds.
,.ONGOING H COSTS
.a+ed eri (I� O�tte et- y n'r i�n Of hoW'the' et nd fthe xir&'a tinYSV v!,:.
joie a Incurring C n fiuring.the performance period'which,will be used`as=the ii match.
ding Source For Salaries ONLY
>cal,state, Period Costs will Cost Type(salaries, Salary& Related
private) be Incurred equipment,G&S) Description of Costs Estimated Value Name Job Title Benefits Project
$ -
$
$ -
$
Total: $ -
+°n„ MATCH COSTS INCURRED :.;'i a X51 {r r ... .a
SALARY/BENEFITS/OVERTIME
,t yv a- ,C ir. , - Yn �r a
rx
� �Cr ��ar �
`.;�, y�y�,. � � �¢�.'��y� w � . ���� �+ i,w�, ;�yy �� 5 '��t'- •,. rte; xi s
Activity Job Title Pay Period Salary Benefits Overtime Total
$ - $ - $ - $
$ - $ - $ - $
$ - $ - $ - $ -
TOTAL $ - $ - $ - $ -
CONSULTANT/CONTRACTOR FEES
st include names of the agency/company as well as the dates and activities related to acFcomplisf ing contract deliverables {,, ;;
city including Cost Related Project
dates
TOTAL $ -
7017-749
GOODS&SERVICES
sed.in k i�✓'N -2 . 3 t yyQy�{yJv� designation n
own of thwitaittarififff„---..mrvH.- were k" ✓T Yie ii; .r tl r,,li*✓the item Ise. ne.d r�t 1t- a". �isz! oA"!
meNendor Date Amount Related Project
$ -
$ -
Total $ -
✓. ?TRAVEL&PER DIEM
3 9
0, ffte " p 9? �l Related Project Amount Activity Date
$ -
$ -
$ -
TOTAL $ -
EQUIPMENT
, I4 Y .; `iii' a ys�i.F" s �,. i'3 7x
F&t�� �� " tn � �� kiles � f t ��"y`�,,.�s ` ��� ���aK,S � a# � �wtir,Ari.
v � b�. . i„a�,�X > 4, art# ,,.��iai
Purchase Contract Related
Amount Received Date
Project
$ -
$ -
TOTAL $ -
IBy my signature below,I certify that the match documented in this form is from non-federal sources and is not being used
to match any other federal grant program costs.
Signature Date
Name(please print):
Title:
2012-245
FY 2009 RCPGP Match Activity Log
*Jab:TOE
Phone y n
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Or,
2 Activities Event Hrly Rate Location Travel Travel Time Value Mileage Event
Hours Time Mileage Value Match
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
0 0 $ - $ - $ -
t Statistics(OES)Job Title if applicable
:ode(SOC)if Applicable
2012-245
EXHIBIT G
2012-245
APPENDIX A
ALLOWABLE COSTS LIST
Allowable Planning Costs
• Public Education and Outreach
• Development of materials in alternate formats and languages
• Develop and implement homeland security support programs and adopt ongoing
DHS National Initiatives
• Develop and enhance plans and protocols
• Develop or conduct assessments
• Establish, enhance, or evaluate Citizen Corps related volunteer programs
• Hiring of full-time, part-time, or contract planners or consultants to assist with
planning activities (not for the purpose of hiring public safety personnel fulfilling
traditional public safety duties)
• Conferences to facilitate planning activities
• Materials required to conduct planning activities
• Travel/per diem related to planning activities
• Overtime and backfill costs for planners (lAW operational Cost Guidance)
• Validation of RCPGP plans developed in FY 2008 and FY 2009 grant cycles,
including tabletop exercises
• Training costs specifically related to plans
• Project management software and project management software training
expenses
• Other project areas with prior approval from FEMA
Allowable Organizational Activities
• Hiring or use of full- or part-time staff or contractors for organizational planning
activities
Allowable Management and Administration Costs
• Hiring of full- or part-time staff or contractors/consultants to assist with the
management of the respective grant program, application requirements,
compliance with reporting and data collection requirements
• Development of operating plans for information collection and processing
necessary to respond to FEMA data calls
44
2012-245
• Overtime and backfill costs
• Travel
• Meeting related expenses
• Authorized office equipment
• Recurring expenses such as those associated with cell phones and faxes during
the period of performance of the grant program
• Leasing or renting of space for newly hired personnel during the period of
performance of the grant program
Allowable Equipment
• Critical emergency supplies (shelf-stable foods, water, basic medical supplies)
45
2012-245
SUBRECIPIENT AGREEMENT
Contractor: City of San Bernardino
Title: FY 2010 Regional Catastrophic Preparedness Grant Program
City Contract Number
2012-245
TABLE OF CONTENTS
Section Page
I.
INTRODUCTION
§101. Parties to the Agreement 7
§103. Independent Party 8
§104. Conditions Precedent to Execution of This Agreement 8
II.
TERMS AND SERVICES TO BE PROVIDED
§201. Time of Performance 10
§202. Use of Grant Funds 10
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment 13
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein 15
§402. Applicable Law, Interpretation and Enforcement 15
§403. Integrated Agreement 15
§404. Excusable Delays 16
§405. Breach 16
§406. Prohibition Against Assignment or Delegation 16
§407. Permits 16
§408. Nondiscrimination and Affirmative Action 17
§409. Los Angeles City Business Tax Registration Certificate 18
§410. Bonds 18
§411. Indemnification 18
§412. Conflict of Interest 19
§413. Insurance 21
§414. Restriction on Disclosures 21
§416. Federal, State and Local Taxes 33
§417. Inventions, Patents and Copyrights 33
§418. Living Wage Ordinance 35
§419. Earned Income Tax Credit 35
§420. Equal Benefits Ordinance 35
§421. Contractor Responsibility Ordinance 35
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TABLE OF CONTENTS
Section Page
§422. Slavery Disclosure Ordinance 35
§423. Child Support Assignment Orders 35
§424. Minority, Women and Other Business Enterprise Outreach Program
36
§425. Publications and Markings 36
V.
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 37
§502. (This section intentionally left blank.) 37
§503. (This section intentionally left blank.) 37
§504. (This section intentionally left blank.) 37
§505. Amendments 37
VI.
ENTIRE AGREEMENT
§601. Complete Agreement 38
§602. Number of Pages and Attachments 38
Execution (Signature) Page 39
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EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Drug Free Workplace Requirements
Exhibit E Reimbursement Checklist and Request Forms
Exhibit F Match Activity Log and Documentation Forms
Exhibit G Appendix A: Allowable Costs List
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AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF SAN BERNARDINO
THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made
and entered into by and between the City of Los Angeles, a municipal
corporation (the "City,"),and the City of San Bernardino, a municipal corporation
(the "Subgrantee" or "Subrecipient").
WITNESSETH
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") 2010 Regional Catastrophic
Preparedness Grant Program ("RCPGP" or the "Grant") in the amount of Three
Million Five Hundred Seventy Thousand Dollars ($3,570,000) ("Grant Funds"),
such Grant Funds having been accepted by the City Council (C.F. #10-1954,
December 6, 2011); and
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, 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
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
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. #10-
1954, December 6, 2011).
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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
§101. Parties to the Agreement
The Parties to this Agreement are:
A. The City of Los Angeles, a municipal corporation, having its principal office
at 200 North Spring Street, Los Angeles, California 90012; and
B. The City of San Bernardino, a municipal corporation, having its principal
office at 300 N. "D" Street, San Bernardino, California, 92418.
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to
administer this Agreement and to whom formal notices, demands and
communications shall be given are as follows:
1. The representative of the 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.Decker@lacity.org
2. The representative of City of San Bernardino of shall be:
Andrea Travis-Miller, Interim City Manager
City of San Bernandino
300 N. "D" Street, 6th Floor
San Bernardino, CA 92418
Phone: (909) 384-5122
Fax: (909) 384-5138
Travis-Miller_An@sbcity.org
with a copy to:
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Don Feser, Emergency Services Manager
San Bernandino Fire Department
200 East 3rd Street
San Bernandino, CA 92410
Phone: (909) 384-5115
Fax: (909) 384-5281
Feser_Do @sbcity.org
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.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an
agent or employee of the City. No employee of Subrecipient, is, or shall
be, an employee of the City by virtue of this Agreement, and Subrecipient
shall so inform each employee organization and each employee who is
hired or retained under this Agreement. Subrecipient shall not represent
or otherwise hold out itself or any of its directors, officers, partners,
employees, or agents to be an agent or employee of the City.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide copies of the following documents to the City,
unless otherwise exempted:
A. This Section is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as
required by Executive Order 12549 in accordance with §415.A.12 of this
Agreement and attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with
§415.A.4 of this Agreement and attached hereto as Exhibit C and made a
part hereof. Subrecipient shall also file a Disclosure Form at the end of
each calendar quarter in which there occurs any event requiring disclosure
or which materially affects the accuracy of the information contained in
any Disclosure Form previously filed by Subrecipient.
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D. Certification Regarding Drug Free Workplace Requirements in accordance
with §415.A.13 of this Agreement and attached hereto as Exhibit D and
made a part hereof.
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I I
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall be from August 1, 2010 to March 31,
2013 (the "Term"); provided, however, that any and all expenditures made
by Subrecipient shall be reimbursed by Subrecipient's allocation of Grant
Funds pursuant to this Agreement only if such expenditures were made no
later than 60 days prior to the end of the Term of this Agreement (the
"Expenditure Deadline"). Any and all expenditures made by Subrecipient
after the Expenditure Deadline shall not be reimbursed under this
Agreement unless, prior to such expenditure, the Mayor's Office, in its sole
discretion, has approved in writing the making of such expenditure after
the Expenditure Deadline. Subrecipient shall cooperate with any
necessary close out activities in connection with its use of the Grant
Funds. Said Term is subject to the provisions herein.
§202. 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 2010
Regional Catastrophic Preparedness Grant Program Guidance and
Application Kit ("DHS 10 Guidance"), (2) DHS Information Bulletins, (3)
CaIEMA's Fiscal Year 2010 Regional Catastrophic Preparedness Grant
Program California Supplement to Federal Program Guidance and
Application Kit ("CaIEMA 10 Supplement"), (4) CaIEMA 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 CaIEMA as well as the investments and projects identified in the
Investment Justifications for the Grant, which were submitted as part of
the California FY 2010 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 2010 Investment Justifications,
where applicable, and all fund matching requirements applicable to the
Subrecipient. Subrecipient agrees that that Grant Funds will be used to
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supplement existing funds for program activities, and will not supplant
(replace) non-Federal funds.
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 CaIEMA 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
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. Subrecipient
shall not be delinquent in the repayment of any Federal debt (OMB
Circular A-129).
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan, dated December 6, 2011 (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 CaIEMA any progress reports
and other information as may be required by CaIEMA.
D. Subrecipient shall initiate and complete work on a project within the
applicable time frame after receipt of approval for such project from
CaIEMA. CaIEMA 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
by CaIEMA 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.
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
CaIEMA 10 Supplement, GMMs, DHS Information Bulletins, and DHS 10
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 LA/LB/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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III
PAYMENT,
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant
amount of Two Hundred Three Thousand Seven Hundred Fourteen
Dollars ($203,714.00) to be used solely for items listed in the Budget and
as described in §202 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 10 Guidance, and
the CaIEMA 10 Supplement. Subrecipient's Match requirement is
Seventy-One Thousand Four Hundred Seventy-Nine Dollars ($71.479.00).
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.
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
thirty-one (31) of days prior to the expiration of the Term of this
Agreement. 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
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Match documentation forms shall be returned to Subrecipient for revision
and shall be accepted by the City when such forms are accurate and
complete.
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,
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 CaIEMA 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 CaIEMA 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 from the Grantor.
The Agreement may be terminated immediately upon written notice to
Subrecipient of a loss or reduction of federal grant funds.
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IV.
STANDARD PROVISIONS
§401. 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.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws
of the United States of America, the State of California, and the City,
including but not limited to, laws regarding health and safety, labor and
employment, wage and hours and licensing laws which affect employees.
This Agreement shall be enforced and interpreted under the laws of the
State of California and the City without regard to conflict of law principles.
Subrecipient shall comply with new, amended, or revised laws, regulations
and/or procedures that apply to the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to
personal jurisdiction, and agrees to bring all such actions, exclusively in
state or federal courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local
government having jurisdiction over this Agreement, the validity of the
remaining parts, terms or provisions of this Agreement shall not be
affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with
respect to the subject matter hereof, and replaces any and all previous
agreements or understandings, whether written or oral, relating thereto.
This Agreement may be amended only as provided for in §505.
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§404. Excusable Delays
In the event that performance on the part of any party hereto shall be
delayed or suspended as a result of circumstances beyond the reasonable
control and without the fault and negligence of said party, none of the
parties shall incur any liability to the other parties as a result of such delay
or suspension. Circumstances deemed to be beyond the control of the
parties hereunder shall include, but not be limited to, acts of God or of the
public enemy; insurrection; acts of the Federal Government or any unit of
State or Local Government in either sovereign or contractual capacity;
fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes
or delays in transportation; to the extent that they are not caused by the
party's willful or negligent acts or omissions and to the extent that they are
beyond the party's reasonable control.
§405. Breach
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.
§406. Prohibition Against Assignment or Delegation
The Subrecipient may not, unless it has first obtained the written
permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the
right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties under this
Agreement.
§407. Permits
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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§408. 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 §408.
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§409. Los Angeles City Business Tax Registration 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.
§410. 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.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation
of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities, solely by
reason of such entities being parties to an Agreement as defined by
Section 895 of said Code, the parties hereto, as between themselves,
pursuant to the authorization contained in 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 for liability that is
imposed 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.
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.
B. Each party indemnifies and holds harmless the other party for any
loss, costs, or expenses that may be imposed upon such other
party by virtue of Government Code section 895.2, which imposes
joint civil liability upon public entities solely by reason of such
entities being parties to an agreement, as defined by Government
Code section 895.
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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
§412. Conflict of Interest
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;
2. The subcontractor is someone with whom such person has
or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq. if such person were a public officer, because
such person would have a "financial or other interest" in the
subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to
domestic partner and/or those persons related by blood or
marriage, such as husband, wife, father, mother, brother,
sister, son, daughter, father in law, mother in law, brother in
law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not
limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
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proceeds, prospect of a promotion or of future
employment, a profit, or any other form of financial
reward.
b. Any of the following interests in the subcontractor
ownership: partnership interest or other beneficial
interest of five percent or more; ownership of five
percent or more of the stock; employment in a
managerial capacity; or membership on the board of
directors or governing body.
C. (This section intentionally left blank.)
D. The Subrecipient further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value
from any actual or potential subcontractor, supplier, a party to a sub
agreement, (or persons who are otherwise in a position to benefit from the
actions of any officer, employee, or agent).
E. The Subrecipient shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the
relationship between said person and the Subrecipient.
F. Prior to obtaining the City's approval of any subcontract, the Subrecipient
shall disclose to the City any relationship, financial or otherwise, direct or
indirect, of the Subrecipient or any of its officers, directors or employees or
their immediate family with the proposed subcontractor and its officers,
directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and
laws of the City of Los Angeles, State of California, and Federal
regulations regarding conflict of interest.
H. The Subrecipient warrants that it has not paid or given and will not pay or
give to any third person any money or other consideration for obtaining
this Agreement.
I. The Subrecipient covenants that no member, officer or employee of
Subrecipient shall have interest, direct or indirect, in any contract or
subcontract or the proceeds thereof for work to be performed in
connection with this project during his/her tenure as such employee,
member or officer or for one year thereafter.
J. The Subrecipient shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this
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project and shall substitute the term "subcontractor" for the term
"Contractor" and "sub subcontractor" for "Subcontractor".
§413. Insurance
This section is not applicable to this Agreement, and is intentionally left
blank.
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as
a result of this Agreement are to be governed by the California Public
Records Act (California Government Code Sec. 6250 et seq.).
§415. Compliance with State and Federal Statutes and Regulations
A. Statutes and Regulations Applicable To All Grant Contracts
Subrecipient shall comply with all applicable requirements of state,
federal, County and City of Los Angeles laws, executive orders,
regulations, program and administrative requirements, policies and any
other requirements governing this Agreement. Subrecipient shall comply
with state and federal laws and regulations pertaining to labor, wages,
hours, and other conditions of employment. Subrecipient shall comply
with new, amended, or revised laws, regulations, and/or procedures that
apply to the performance of this Agreement. These requirements include,
but are not limited to:
1. Office of Management and Budget (OMB) Circulars
Subrecipient shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB
Circular A-87 (Cost Principles for State, Local, and Indian Tribal
Governments); OMB Circular A-102 (Grants and Cooperative
Agreements with State and Local Governments); Common Rule,
Subpart C for public agencies or OMB Circular A-110 (Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations); OMB Circular A-122 (Cost Principles for Non-Profit
Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations.
2. Single Audit Act
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If Federal funds are used in the performance of this Agreement,
Subrecipient shall adhere to the rules and regulations of the Single
Audit Act, 31 USC Sec. 7501 et seq.; City Council action dated
February 4, 1987 (C.F. No. 84-2259-S1); and any administrative
regulation or field memos implementing the Single Audit Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that it will comply with the Americans
with Disabilities Act 1990 ("ADA"), 42 USC §§ 12101 et seq., and
its implementing regulations, including Subtitle A, Title II of the
ADA. Subrecipient will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance
with the provisions of the ADA. Subrecipient will not discriminate
against persons with disabilities nor against persons due to their
relationship to or association with a person with a disability. Any
contract entered into by the Subrecipient (or any subcontract
thereof), relating to this Agreement, to the extent allowed
hereunder, shall be subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
a. None of the funds, materials, property or services provided
directly or indirectly under this Agreement shall be used for any
partisan political activity, or to further the election or defeat of
any candidate for public office. Subrecipient shall not use any
funds provided under this Agreement be used, directly or
indirectly, to support the enactment, defeat, repeal, modification
or adoption of any law, regulation, pending legislation, pending
regulation, or policy (pending or otherwise), at any level of
government. None of the funds provided pursuant to this
Agreement shall be used for any sectarian purpose or to
support or benefit any sectarian activity.
b. Concurrent with the execution of this Agreement, Subrecipient
shall submit to the City a Certification Regarding Lobbying and a
Disclosure Form, if required, in accordance with 31 U.S.C.
1352. A copy of the Certificate is attached hereto as Exhibit C
and incorporated herein. No funds will be released to
Subrecipient until the Certification is filed.
c. Subrecipient shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring
disclosure or which materially affects the accuracy of any of the
information contained in any Disclosure Form previously filed by
Subrecipient. Subrecipient shall require that the language of
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this Certification be included in the award documents for all sub-
awards at all tiers and that all subcontractors shall certify and
disclose accordingly.
5. Records Inspection
a. At any time during normal business hours and as often as the
City, the 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 CaIEMA/Grantor with
respect to all matters covered on file for all documents specified in
this Agreement. Original forms are to be maintained on file for all
documents specified in this Agreement. Such records shall be
retained for a period of five (5) years after termination of this
Agreement and after final disposition of all pending matters.
"Pending matters" include, but are not limited to, an audit, litigation
or other actions involving records. The City may, at its discretion,
take possession of, retain and audit said records. Records, in their
original form pertaining to matters covered by this Agreement, shall
at all times be retained within the County of Los Angeles unless
authorization to remove them is granted in writing by the City.
Subrecipient shall establish a proper accounting system in
accordance with generally accepted accounting standards and/or
CaIEMA/Grantor directives.
7. Subcontracts and Procurement
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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.
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. Labor
a. Subrecipient shall comply, as may be applicable, with the
Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-
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).
b. Subrecipient shall comply, as may be applicable, with the
provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-
7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the
Contract Work Hours and Safety Standards Act (40 U.S.C.
§§327-333), regarding labor standards for federally-assisted
construction subagreements, and the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328), which limit the political activities
of employees whose principal employment activities are funded
in whole or in part with Federal funds.
c. Subrecipient shall comply, as may be applicable, with the
Federal Fair Labor Standards Act (29 U.S.C. § 201) regarding
wages and hours of employment.
d. None of the funds shall be used to promote or deter union/labor
organizing activities in accordance with California Government
Code §16645 et seq_
9. Civil Rights
Subrecipient shall comply, as applicable, 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-
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352), as amended, which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §794), which prohibits discrimination on the basis of
handicaps; (d) The Age Discrimination Act of 1975, as amended
(42 U.S.C. §§6101-6107), which prohibits discrimination on the
basis of age; (e) the Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(P.L. 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee 3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VIII of the Civil Rights Act of 1968
(42 U.S.C. §§3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; (i) Title 44
Code of Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination; (j) 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 (o) 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
subgrantees, 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.
Subrecipient shall comply, and ensure that its subgrantees and
contractors complies, with the nondiscrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of the Crime Act, as
appropriate.
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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. §4601 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/FEMA/CaIEMA 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. §§1451 et seq.); (f)
conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act
of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection
of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523); (h)
protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93205); (i) the flood
insurance purchase requirements of the Flood Disaster
Protection Act of 1973 §102(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
thousand dollars ($10,000) or more; and (j) 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
local environmental and historical preservation (EHP)
requirements. Failure to meet Federal, State, and local EHP
requirements and obtain applicable permits may jeopardize
Federal funding. Subrecipient will comply with all conditions
placed on any project as the result of the EHP review, and any
change to the scope of work of a project will require re-
evaluation of compliance with these EHP requirements.
Subrecipient agrees not undertake any project having the
potential to impact the EHP resources without prior written
approval of City and DHS/FEMA/CaIEMA, including, but not
limited to, communications towers, physical security
enhancements, new construction and modifications to buildings
that are fifty (50) years old or more. Any construction related
activities initiated prior to full EHP review will result in a
noncompliance finding. If ground-disturbing activities occur
during the project implementation, the Subrecipient must ensure
monitoring of the disturbance. If any potential archaeological
resources are discovered, the Subrecipient will immediately
cease activity in that area and notify the City and
DHS/FEMA/CaIEMA and the appropriate State Historic
Preservation Office.
d. Subrecipient shall comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national wild and
scenic rivers system.
e. Subrecipient shall comply, if applicable, with the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.)
which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
f. Subrecipient shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.) which restores and
maintains the chemical, physical and biological integrity of the
Nation's waters.
g. Subrecipient shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the
accomplishment of Subrecipient's projects are not on the
Environmental Protection Agency's (EPA) List of Violating
Facilities, and it will notify the City and DHS/FEMA/CaIEMA of
the receipt of any communication from the Director of the EPA
Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA.
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h. Subrecipient is, and shall be in compliance with the California
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).
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.
11. Preservation
Subrecipient shall comply with, and assist CaIEMA 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.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and
Subrecipient shall submit a Certification Regarding Debarment
required by Executive Order 12549 and 12689 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
12549 and 12689, "Debarment and Suspension."
13. Drug-Free Workplace,
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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.
14. 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
organization's mission statements and other governing
documents.
e. A religious or faith-based Subrecipient shall not, in providing
program assistance, discriminate against a program
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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 of Title V of the National Energy Conservation Policy
Act (42 U.S.C. 8251 et seq.) or subtitle A of Title I of the Energy
Policy Act of 2005 (including the amendments made thereby), nor
shall Grant Funds be used in contravention of section 303 of the
Energy Policy Act of 1992 (42 U.S.C. 13212).
B. Statutes and Regulations Applicable To This Particular Grant
Subrecipient shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
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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; CaIEMA 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, § 8607 et seq.
and CCR Title 19, §§ 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
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
(grants).
RCPGP 10 Subrecipient Agreement 31 2/12
City of San Bernardino
2012-245
3. Technology Requirement:
a. Subrecipient shall use the latest National Information
Exchange Model (NIEM) specifications and guidelines
regarding the use of Extensible Markup Language (XML) for
all projects funded by this Grant. Further information about
the required use of NIEM specifications and guidelines is
available at www.niem.gov.
b. For any information technology system funded by Grant
Funds under this Agreement, Subrecipient shall ensure that
such project complies with 28 CFR Part 23, Criminal
Intelligence Systems Operating Policies, if such regulation is
determined to be applicable.
4. In accordance with section 6 of the Hotel and Motel Fire Safety
Action of 1990, 15 U.S.C. §2225a, Subrecipient shall ensure that all
conference, meeting, convention, or training space funded in whole
or in part with Grant Funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of
1974, 15 U.S.C. §2225.
5. Subrecipient is required to take reasonable steps to ensure that
LEP (Limited English Proficiency) persons have meaningful access
to its programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where
necessary. The grantee is encouraged to consider the need for
language services for LEP persons served or encountered both in
developing their proposals and budgets and in conducting their
programs and activities.
6. Subrecipient agrees to cooperate with the City and Grantor with
any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any
information required for the assessment or evaluation of any
activities within their grant agreement. This includes any
assessments, audits, or investigations conducted by the
Department of Homeland Security, Office of the Inspector General,
or the Government Accountability Office. Subrecipient shall provide
progress reports and such other information as may be required by
the Grantor/CaIEMA.
7. Subrecipient agrees that Grant funds utilized to establish or
enhance state and local fusion centers must support the
development of a statewide fusion process that corresponds with
the Global Justice/Homeland Security Advisory Council (HSAC)
RCPGP 10 Subrecipient Agreement 32 2/12
City of San Bernardino
2012-245
Fusion Center Guidelines and achievement of a baseline level of
capability as defined by the Fusion Capability Planning Tool.
8. Travel Expenses
Subrecipient as provided herein shall be compensated for
reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise
expressed. Subrecipient's total travel for in-State and/or out-of-
State and per diem costs shall be included in the contract
budget(s). All travel including out-of-State travel not included in the
budget(s) shall not be reimbursed without prior written authorization
from the 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. Noncompliance
Subrecipient understands that failure to comply with any of the
above assurances may result in suspension, termination or
reduction of Grant Funds, and repayment by Subrecipient to City of
any unlawful expenditures.
§416. 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.
§417. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions,
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/FEMA/CaIEMA . Unless there is a prior agreement between the
City and Grantor/FEMA/CaIEMA , Grantor/FEMA/ CaIEMA shall
determine whether to seek protection on the Invention.
Grantor/FEMA/CaIEMA 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
RCPGP 10 Subrecipient Agreement 33 2/12
City of San Bernardino
2012-245
policy ("Policy") embodied in the Federal Acquisition Regulations System,
which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L.
95-517, Pub. L. 98-620, 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/FEMA/CaIEMA regarding allocation of any patent rights that arise
from, or are purchased with, Grant Funds.
B. Rights to Use Inventions
City and Grantor/FEMA/CaIEMA shall have an unencumbered right, and a
non-exclusive, irrevocable, royalty-free license, to use, manufacture,
improve upon, and allow others to do so for all government purposes, any
Invention developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor/FEMA or of
this Agreement, when copyrightable material ("Material") is
developed under this Agreement, the author, the City or
Grantor/FEMA, at Grantor/FEMA and City's discretion, may
copyright the Material. If the Grantor/FEMA and City decline to
copyright the Material, the Grantor/FEMA and City shall have an
unencumbered right, and a non-exclusive, irrevocable, royalty-free
license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this
Agreement.
2. Grantor/FEMA shall have an unencumbered right, and a non-
exclusive, irrevocable, royalty-free license, to manufacture, improve
upon, reproduce, publish, or otherwise use, and authorize others to
use, for Federal government purposes: (a) any Material developed
under this Agreement and (b) any rights of copyright to which
Subrecipient purchases ownership with Grant Funds.
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data,
The Grantor and the City shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited
rights" means the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform and display publicly, or
permit others to do so; as required by 48 CFR 27.401. Where the data
are not first produced under this Agreement or are published copyrighted
RCPGP 10 Subrecipient Agreement 34 2/12
City of San Bernardino
2012-245
data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires
the data under a copyright license as set forth in 48 CFR 27.404(f)(2)
instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient shall require all its contractors and subcontractors funded by
Grant Funds to comply with the obligations of this section by incorporating
the terms of this section into all contracts and subcontracts.
§418. Living Wage Ordinance
This section is not applicable to this contract, and is intentionally left blank.
§419. Earned Income Tax Credit
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
§420. Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of Section 10.37.4 of the Los Angeles
Administrative Code.
§421.Contractor Responsibility Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of the Contractor Responsibility Ordinance
(CRO), Section 10.40 et seq., of Article 14, Chapter 1 of Division 10 of the
Los Angeles Administrative Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, Subrecipient is exempt from
compliance with the Slavery Disclosure Ordinance, Section 10.41 of the
Los Angeles Administrative Code.
§423. Child Support Assignment 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.
RCPGP 10 Subrecipient Agreement 35 2/12
City of San Bernardino
2012-245
§424. Minority, Women, and Other Business Enterprise Outreach Program
In accordance with CaIEMA/Grantor directives, 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.
§425. Publications and Markings
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."
RCPGP 10 Subrecipient Agreement 36 2/12
City of San Bernardino
2012-245
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should Subrecipient fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement,
the City reserves the right to terminate the Agreement, reserving all rights
under state and federal law.
§502. (This section intentionally left blank.)
§503. (This section intentionally left blank.)
§504. (This section intentionally left blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the
services to be performed by Subrecipient, and any increase or decrease in
the amount of compensation/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.
Subrecipient agrees to give fair and reasonable consideration to any
requested compliance with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this
Agreement; provided, however, that Subrecipient shall comply with any
such directives, rules, amendments or requirements if such directives,
rules, amendments or requirements directly relate to and are necessary to
ensure City and/or Subrecipient compliance with applicable state and
federal requirements regarding the Grant Funding and its use pursuant to
this Agreement.
RCPGP 10 Subrecipient Agreement 37 2/12
City of San Bernardino
2012-245
VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the
two parties. Neither verbal agreement nor conversation with any officer or
employee of either party shall affect or modify any of the terms and
conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty-nine (39) pages
and seven (7) Exhibits, which constitute the entire understanding and
agreement of the parties.
RCPGP 10 Subrecipient Agreement 38 2/12
City of San Bernardino
2012-245
EXHIBIT A
(Not applicable to this Agreement)
2012-245
EXHIBIT B
2012-245
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 of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
1(b) of this certification; and
(d) Have not within a three-year period preceding this Agreement had one or more public
transactions (Federal, State, or local)terminated for cause or default.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this proposal.
AGREEMENT NUMBER
RECIPIENT/SUBRECIPIENT/CONTRACTOR/B ORRO WER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
2012-245
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document,the prospective recipient of Federal assistance funds is providing the
certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds
knowingly rendered an erroneous certification,in addition to other remedies available to the Federal
Government,the department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to
which this agreement is entered,if at any time the prospective recipient of Federal assistance funds learns that
its certification was erroneous,when submitted or has become erroneous by reason of changed circumstances.
4. The terms"covered transaction," "debarred," "suspended,""ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal,"and"voluntarily excluded,"as
used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from
participation in this covered transaction,unless authorized by the department or agency with which this
transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will
include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion
-Lower Tier Covered Transactions,"without modification,in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered
transaction,unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,
check the List of Parties Excluded from Procurement or Non-Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed 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.
2012-245
EXHIBIT C
2012-245
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants,Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,that:
1. 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/BORRO WER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
2012-245
EXHIBIT D
2012-245
CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
(Capitalized terms herein shall have those meanings set forth in the Agreement to which this Certification
is attached as an Exhibit)
The Contractor/Subrecipient certifies that it will or will continue to provide a drug-free workplace, in
accordance with the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.), 28 CFR Part 67;
and the California Drug-Free Workplace Act of 1990,Government Code§§ 8350-8357,by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying
the actions that will be taken against employees for violation of such prohibition.
2. Establishing an on-going drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug-free workplace;
c. Any available drug counseling,rehabilitation and employee assistance programs;and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Making it a requirement that each employee to be engaged in the performance of the program be given
a copy of the statement required by paragraph 1.above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment
under the Grant program,the employee will:
a. Abide by the terms of the statement,and
b. Notify the Contractor in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction.
5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under
subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice,including position title,to:
Department of Justice,Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue,N.W.
Washington,D.C. 20531
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4.b.with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973,as amended;or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
the provisions of this certification.
AGREEMENT#
SUBRECIPIENT/CONTRACTOR/BORRO W ER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
2012-245
EXHIBIT E
2012-245
Los Angeles/Long Beach/Riverside Urban Area
FY 2010 Regional Catastrophic Preparedness Grant Program
REQUIRED SUPPORTING DOCUMENTS
FOR CLAIM REIMBURSEMENT
� '3Tf supporting{�� 1Nt��Y�[!� ���)*.. �`� {M ,
rty ran n
- a aI Pub of
ro 5'iu E.d TL -•
boo
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F . 4
�� 7 "� €
( "t ,mustsubm' i t is checklist a t� d '
pa
p
t , submited aseaexp �
i r"*utm a n by i s n 4' "c Q
l result in expenses ndt '�
FOR PLANNING: PERSONNEL
❑ Reimbursement Request Form: Complete all fields and provide original authorized signature and date.
❑ Match Documentation Form: Include Match Activity Log if using travel as match.
❑ Functional Timesheets: Official Timekeeping System Record Printout with employee name, number of hours charged per day, dates, and
totals. If time is not submitted electronically, provide copy of paper timecards with employee and supervisor signatures.
❑ Payroll register indicating the salary, hourly rate, employee benefits, overtime rate. Must be an official payroll register, not an excel
document. Provide pay rate calculations if not clearly stated.
FOR PLANNING:CONTRACTOR AND CONSULTING SERVICES
❑ Reimbursement Request Form: Complete all fields and provide original authorized signature and date.
❑ Invoice: Must be stamped"PAID", signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receipt the
items requesting reimbursement. Each item circled must have project#, a funding SOURCE, and TOTAL
❑ Proof of Payment: Copy of canceled check and/or internal accounts payable record.
❑ Schedule of Deliverables
❑ Final End Product: Planning deliverable in hard copy
ADDITIONAL ITEMS
❑ Travel:Consult www.gsa.gov for approved per diem rates. Provide detailed personal expense statement with supervisor signature.
❑ Conferences/Workshops: Invoices and proof of payment for instructor,facilities, etc
Submitted By: Signature: Date:
2012-245
CITY OF LOS ANGELES
REGIONAL CATASTROPHIC PREPAREDNESS
GRANT PROGRAM
REIMBURSEMENT REQUEST FORM
Return Expenditure Requests to:
Nick Szamet,Grant Specialist Jurisdiction:
Mayor's Office of Homeland Security and Public Safety
200 N.Spring St.,Room#M175 Agency/Department:
Los Angeles,CA 90012
Fax 213.978.0718 Expenditure Period: to
Project Letter: Prepared By:
RCPGP FY07 El Master Item#: Phone No.:
RCPGP FY08 ❑ Sub-Line#: Please mark this box to indicate
RCPGP FY09 ❑ final request for reimbursement❑
Type of Expenditure Authorized Previously Current Cumulative Balance
Total Amount Requested Request Request
Planning Costs
Organizational Activities
Management&Admin
Total � ; ' � � � 7 ;�� a� � '!
This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance
with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim
is for cost incurred within the Grant Performance Period. Also, all supporting documentation related to
these expenditures will be retained in accordance with grant guidelines.
Authorized Department Approval: Please Remit Payment to:
Print Name Agency
Title Address
Signature Date City State Zip
Phone No.(extension) Fax No. Contract No.
E-mail Address
To be completed by HSPS Accounting Department
DHS/OES Reimbursement Request By Transaction ID: Date:
DHS/OES Reimbursement Received: Cash Receipt No. JV No.
Transfer to Depart Date: JV No. Invoice No.
HSPS#:
2012-245
EXHIBIT F
2012-245
MATCH DOCUMENTATION FORM
4 �; "d}1�
l,�' U ��� �ti 4.3�
General Information:
The exact match amount required for your award,and the categories it applies to,are included in the language of your contract.
Although the total match required for an award is not due until the end of the performance period,demonstration of how your
jurisdiction/agency is meeting match requirements must be included with each reimbursement request. Any match expenses which
$0.00 will be ongoing in nature,such as Salaries&Benefits,should be described below in the"Ongoing Match Costs"section of this form.
$0.00 NOTE:Failure to adequately document how the total required match was met for this federal grant award may result in the
$0.00 return of federal funds.
a 4 a T �, '=-ONGOING. ON TS i w i� '4 ry rkv is r'rs�TaB; "kdc� 1�r a M '' a uA t
$StedCfl®r�r® �. r " . �i�rc °�� ' N��ia��`
enr...k G!- i' b a..,. ° ffi PYl��t ?4 ?e medal
tat incurringivith non-federal n 1$'during the performance period which will be used',as the match. ,'
ding Source For Salaries ONLY
)cal,state, Period Costs will Cost Type(salaries, Salary& Related
private) be Incurred equipment,G&S) Description of Costs Estimated Value Name Job Title Benefits Project
$ -
$ -
$
Total: $ -
�, MATCH COSTS INCURRED
SALARY/BENEFITS/OVERTIME
lit riiT a � r $ 4 r w 4
f kr
L,a..�.� xtLi<I x�i F�. .a a� b' �v,x,"i:,,it �', e�s7 �iw..:';ru � i�ruti ,i.� 4.. _ , k '.,.:,. 8r�.- v.
Activity Job Title Pay Period Salary Benefits Overtime Total
$ - $ - $ - $
$ - $ - $ - $ -
$ - $ - $ - $
TOTAL $ - $ - $ - $ -
CONSULTANT/CONTRACTOR FEES
st include names of the agdnsyicompanyras well as the dates and activities related to accomplishing contract deliverables. ' t,x < ,a
rity including Cost Related Project
dates
TOTAL $ -
7019-74S
GOODS&SERVICES
as °� • e *whom �+ ;. rw Ur was.purthasect in support of a specific a rk tt Mry �y (y ��jy
in not be e -wre s) ..3,�liot r a: a !. PP du�j d,ta l~ . S':v...,� riv...v _ wig:. m .e.., .� .� ,b: s� �.�
meNendor Date Amount Related Project
$ -
Total $ -
TRAVEL&PER DIEM
y actm-
Activity Date Amount Related Project
$ -
TOTAL $ -
EQUIPMENT
„� � � a W(a a ,
support conk } n . : ah ,.
Purchase Contract Related
Amount Received Date Project
$ -
TOTAL $ -
- I By my signature below,I certify that the match documented in this form is from non-federal sources and is not being used
to match any other federal grant program costs.
Signature Date
Name(please print):
Title:
2012-245
FY 2009 RCPGP Match Activity Log
Phoie
Activities Event Hrly Rate Location Travel Travel Time Value Mileage Event
Hours Time Mileage Value Match
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
$ - $ - $ -
0 0 $ - $ - $ -
t Statistics(OES)Job Title if applicable
:ode(SOC)if Applicable
2012-245
EXHIBIT G
2012-245
APPENDIX A
ALLOWABLE COSTS LIST
Allowable Planning Costs
• Public Education and Outreach
• Development of materials in alternate formats and languages
• Develop and implement homeland security support programs and adopt ongoing
DHS National Initiatives
• Develop and enhance plans and protocols
• Develop or conduct assessments
• Establish, enhance, or evaluate Citizen Corps related volunteer programs
• Hiring of full-time, part-time, or contract planners or consultants to assist with
planning activities (not for the purpose of hiring public safety personnel fulfilling
traditional public safety duties)
• Conferences to facilitate planning activities
• Materials required to conduct planning activities
• Travel/per diem related to planning activities
• Overtime and backfill costs for planners (lAW operational Cost Guidance)
• Validation of RCPGP plans developed in FY 2008 and FY 2009 grant cycles,
including tabletop exercises
• Training costs specifically related to plans
• Project management software and project management software training
expenses
• Other project areas with prior approval from FEMA
Allowable Organizational Activities
• Hiring or use of full- or part-time staff or contractors for organizational planning
activities
Allowable Management and Administration Costs
• Hiring of full- or part-time staff or contractors/consultants to assist with the
management of the respective grant program, application requirements,
compliance with reporting and data collection requirements
• Development of operating plans for information collection and processing
necessary to respond to FEMA data calls
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2012-245
• Overtime and backfill costs
• Travel
• Meeting related expenses
• Authorized office equipment
• Recurring expenses such as those associated with cell phones and faxes during
the period of performance of the grant program
• Leasing or renting of space for newly hired personnel during the period of
performance of the grant program
Allowable Equipment
• Critical emergency supplies (shelf-stable foods, water, basic medical supplies)
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