HomeMy WebLinkAbout23- Fire CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Michael J. Conrad, Fire Chief Subject: Resolution authorizing the City of San Bernardino
to enter into an agreement with the City of Los
Angeles for the purpose of accepting and
Dept: Fire administering the FY 2007/2008 Regional
Catastrophic Preparedness Grant Program.
Date: March 15,2010 MC/C Meeting Date: April 5,2010
Synopsis of Previous Council Action:
02/23/10 Grants Ad Hoc Committee-Item recommended for approval.
RECOMMENDATION:
Adopt resolution.
�1
Michael J. ConracVire Chief
Contact Person: _Don Feser,Emer2ency Services Manager Phone: (909) 384-5286
Supporting data attached: Staff Report, Resolution, and Agreement Ward: Citywide
FUNDING REQUIREMENTS: Amount: $200,000
Source: RCP's Grant Funding Share for Fire &Police Dept
Amount: $70,562.04
Source: City's Match is cash(non-Federal funds)or in-kind
Finance:
Council Notes: _ ,(
Agenda Item No. 2-3
16
STAFF REPORT
SUBJECT
Resolution authorizing the City of San Bernardino to enter into an agreement with the City
of Los Angeles for the purpose of accepting and administering the FY 2007/2008 Regional
Catastrophic Preparedness Grant Program.
BACKGROUND
The U.S. Department of Homeland Security provides financial assistance to the Los
Angeles/Long Beach Urban Area through the Regional Catastrophic Preparedness Grant
Program (RCPGP). The Los Angeles City Council accepted the FY 2007/2008 RCPGP on
November 17, 2009, and has received an extension of the performance period to November
28, 2010.
The City of Los Angeles is the administrative and fiscal agent for the RCPGP, and has
requested that the City of San Bernardino participate as a subrecipient (Attachment A).
This would enable the City to receive grant funding and to participate in the development
of regional evacuation, mass care and sheltering plans to be implemented in the event of a
disaster.
On February 23, 2010, the Fire Department received an official notification (email) from
the City of Los Angeles requesting signatures for the FY 2007/2008 Regional Catastrophic
Preparedness Grant Program Agreement. Attached is the Agreement from the City of Los
Angeles outlining the terms of the agreement for acceptance and administration of the
grant in the amount of$200,000. The period of performance ends on November 28, 2010.
Therefore,funds must be spent by that date.
On February 23, 2010, the Fire Department and the Assistant Chief of Police, Mark
Garcia, attended the Grants Ad Hoc Committee to discuss the acceptance of the FY
2007/2008 Regional Catastrophic Planning Grant from the City of Los Angeles. The
Grants Committee recommended that the grant be submitted to the Mayor and Common
Council to approve the acceptance of the grant.
Representatives from City Fire and Police will engage in a local catastrophic preparedness
planning process, which would augment a regional effort and development of a written
plan. There is no actual due date, once approved by the Mayor and Common Council the
City of Los Angeles will accept the grant agreement.
FINANCIAL IMPACT
Allowable costs including salary and benefits for those involved in the plan development
will be covered by the $200,000 funding, which requires a matching City contribution.
The matching cost share contribution can be cash or in-kind, no federal funding
1
contributions will be considered for the required match. The City will be required to
provide an in-kind match of$70,562.04 and the City plans to use already budgeted Fire
and the Police Department personnel costs in lieu of a cash contribution to meet this
obligation. Based on this there would not be any additional cost to the City. The City's
FY 09-10 budget already assumes at least $50,000 of Fire and Police personnel costs will
get reimbursed in this year. The balance of the grant funds will be reimbursed in FY 10-
11.
Payments for expenditures approved in the grant will be on a reimbursement basis.
Therefore, the City will request reimbursement of expenditures through the City of Los
Angeles subsequent to expenditures. The final reimbursement requests for the grant period
must be submitted to the City of Los Angeles on or before September 30, 2010.
RECOMMENDATION
Adopt resolution.
2
RESOLUTION NO. �Q
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL O)�E L�3'YJOF S
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
2 INTO AN AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE PURPOSE
OF ACCEPTING AND ADMINISTERING THE FY 2007/2008 REGIONAL
3 CATASTROPHIC PREPAREDNESS GRANT PROGRAM.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. That the City of Los Angeles, hereinafter called "City", and the City of
7 San Bernardino, hereinafter called "Subgrantee" or "Subrecipient", wish to enter into an
8 Agreement for expanding the development of regional evacuation, mass care and sheltering
9 plans to be implemented in the event of a disaster;
10
SECTION 2. The City Manager or his designee is hereby authorized and directed to
i1'
execute said Agreement, a copy of which is attached and incorporated herein as Attachment
12
"A";
13
14 SECTION 3. The City Manager or his designee is authorized to accept the FY
15 2007/2008 Regional Catastrophic Preparedness Grant Program from the City in the amount of
16 $200,000 for the San Bernardino City Fire Department and Police Department to administer as
17 outlined in the Agreement;
18 SECTION 4. The authorization to execute the above referenced Agreement is
19 rescinded if it is not executed within ninety(90)days of the passage of this resolution.
20
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i
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY OF SAN BERNARDINO TO ENTER
1 INTO AN AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE PURPOSE
OF ACCEPTING AND ADMINISTERING THE FY 2007/2008 REGIONAL
2 CATASTROPHIC PREPAREDNESS GRANT PROGRAM.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,held on
6 the day of 2010,by the following vote,to wit:
7
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
10
DESJARDINS
11
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MCCAMMACK
17
18
Rachel G. Clark, City Clerk
19 City of San Bernardino
20
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The foregoing Resolution is hereby approved this day of .2010.
22
23
24 Patrick J. Moms, Mayor
City of San Bernardino
25
26 Approved as to form:
27 JAMES F. P City orney
28
By: L
2
Affachment "A"
V
SUBRECIPIENT AGREEMENT
Contractor: City of San Bernardino
Title: FY 2007/2006 Regional Catastrophic Preparedness Grant Program
City Contract Number
O
V
TABLE OF CONTENTS
Section Description page
I.
INTRODUCTION
§101 Parties to the Agreement 6
§102 Representatives of the Parties and Service of Notices 6
§103 Independent Contractor 7
§104 Conditions Precedent to Execution of this Agreement 7
L
TERM AND SERVICES TO BE PROVIDED
§201 Time of Performance 8
§202 Use of Grant Funds 8
III.
PAYMENT
§301 Payment of Grant Funds and Method of Payment 11
STANDARD PROVISIONS
§401 Construction of Provisions and Titles Herein 13
§402 Applicable Law, Interpretation and Enforcement 13
§403 Integrated Agreement 13
§404 Excusable Delays 13
§405 Breach 14
§406 Prohibition Against Assignment or Delegation 14
§407 Permits 14
§408 Non-Discrimination and Affirmative Action 14
§409 Los Angeles City Business Tax Registration Certificate 15
RCPGP Subrecipient Agreement 2/10
TABLE OF CONTENTS
Section Number and Table Page
§410 Bonds 16
§411 Indemnification 16
§412 Conflict of Interest 16
§413 Insurance 18
§414 Restriction on Disclosures 18
§415 Compliance with State and Federal Statutes and Regulations 18
§416 Federal, State and Local Taxes 28
§417 Inventions, Patents and Copyrights 28
§418 Living Wage Ordinance 30
§419 Earned Income Tax Credit 30
§420 Equal Benefits Ordinance 30
§421 Contractor Responsibility Ordinance 30
§422 Slavery Disclosure Ordinance 30
§423. Child Support Assignment Orders 31
§424 Minority, Women, and Other Business Enterprise Outreach Program 31
§425 Publications 31
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults 32
§502. Intentionally left blank 32
§503. Intentionally left blank 32
§504. Intentionally left blank 32
§505. Amendments 32
VI
ENTIRE AGREEMENT
§601. Complete Agreement 33
§602. Number of Pages and Attachments 33
Execution (Signature) Page 34
RCPGP Subrecipient Agreement jj 2/10
EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
i
i
Exhibit C Certification Regarding Lobbying
jExhibit D Certification Regarding Drug Free Workplace Requirements
Exhibit E Reimbursement Checklist and Request Forms
i
Exhibit F Match Activity Log and Documentation Forms
Exhibit G Part IV. Allowable Costs Guidance
Exhibit H Appendix A: Authorized Allowable Costs
W
RCPGP Subrempient Agreement ill 2110
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 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 ("LAILB/R UA") through the Fiscal
Year ("FY") 2007/2008 Regional Catastrophic Preparedness Grant Program ("RCPGP"
or the"Grant") in the amount of$6,000,000 ("Grant Funds"), such Grant Funds having
been accepted by the City Council (C.F. #08-0897, 11/17/09); and
WHEREAS, the LA/LBIR UA consists of the City and other participating
jurisdictions, including the Subrecipient; 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, on or about January 6, 2010, CaIEMA extended the deadline for the
applicable performance period for the Grant from May 1, 2010 to November 28, 2010;
and
WHEREAS, the Mayor's Office desires to extend the term of this Agreement to
November 28, 2010 pursuant to authorization provided under Section 14.8(a) of the Los
Angeles Administrative Code; 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 Subrecipient
RCPGP Subrecipient Agreement 4 1/10
is desirous of executing this Agreement, such execution having been authorized by the
City Council and the Mayor (C.F. #08-0897, 11/17/09); and
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:
y�
RCPGP Subrecipient Agreement j 1/10
INTRODUCTION
§101. Parties to the Agreement
The Parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North Spring
Street, Los Angeles, California 90012; and
B. 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:
e�
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(iil I acity.org
2. The representative of city of San Bernardino shall be:
Charles McNeely, City Manager
City of San Bernardino
300 N. "D" Street, a Floor
San Bernardino, CA 92418
Phone: (909) 384-5122
Fax: (909) 384-5138
McNeely_Ch@sbcity.org
with a copy to:
Don Feser, Emergency Services Manager
San Bernardino Fire Department
RCPGP Subrecipient Agreement 6 1110
~' 200 East 3d Street
San Bernardino, 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.
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.
RCPGP Subrecipient Agreement 7 1110
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on September 1, 2008 and end
November 28, 2010 and any additional period of time as is required to complete
any necessary close out activities. 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 Years 2007 & 2008 Regional
Catastrophic Preparedness Grant Program Guidance and Application Kit("DHS
08 Guidance"), (2) DHS Information Bulletins, (3) CaIEMA's and the Governor's
Office of Homeland Security Fiscal Year 2007/2008 Regional Catastrophic
Preparedness Grant Program California Supplement to Federal Program
Guidance and Application Kit ("CaIEMA 08 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 200712008 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 2007/2008 Investment Justifications,
where applicable, and all fund matching requirements applicable to the
Subrecipient. Subrecipient agrees that that Grant Funds will be used to
supplement existing funds for program activities, and will not supplant (replace)
non-Federal funds.
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 notify
City and CaIEMA of any developments that have a significant impact on Grant
RCPGP Subrecipient Agreement 8 1/10
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.
B. Subrecipient and the City have previously completed a mutually approved
BudgettExpenditure Plan, dated November 17, 2009 (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 CalEMA/Grantor requirements.
C. Subrecipient shall complete implementation plans, including applicable project
timelines, to manage its allocation of the Grant Funds. Subrecipient shall provide
such implementation plans and any reports requested by the City regarding
performance of this Agreement. Plans and reports shall be in the form requested
by the City, and shall be provided in a timely manner. The completion of each
milestone and deliverable referenced in the implementation plans is subject to
the prior review and written approval of the City. Subrecipent shall update the
implementation plans quarterly, if necessary, and provide such updates to the
City in order to monitor and evaluate Subrecipient's performance. Subrecipient
shall provide to the City and CalEMA any progress reports and other information
as may be required by CalEMA.
D. Subrecipient shall initiate and complete work on a project within the applicable
time frame after receipt of approval for such project from CalEMA. CalEMA may
grant extensions to the time of performance for a project on a project-by-project
basis at its sole discretion. Any request by Subrecipient to extend the time of
performance for a project must be made in writing to the Mayor's Office. All
extension requests must be approved by CalEMA in writing during the term of
this Agreement to be effective. Project extension requests must be submitted to
RCPGP Subrecipient Agreement 9 1110
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 08 Supplement,
GMMs, DHS Information Bulletins, and OHS 08 Guidance, which includes Part
IV. Allowable Costs Guidance (attached hereto as Exhibit G and made a part
hereof) and Appendix A. Authorized Allowable Costs (attached hereto as Exhibit
H 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
L.. consistent with needs as identified in the State Homeland Security Strategy and
will be deployed in conformance with that Strategy.
RCPGP Subrecipient Agreement 10 1110
a 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 Thousand Dollars ($200,000) 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 08 Guidance, and the CalEMA 08
Supplement. Subrecipient's Match requirement is Seventy Thousand Seven
Hundred Sixty-Two Dollars and Five Cents ($70,562,05).
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 September 30, 2010. The City will
notify Subrecipient in writing if reimbursement requests and Match
documentation forms are inaccurate and/or incomplete. Inaccurate and/or
incomplete reimbursement requests and Match documentation forms shall be
returned to Subrecipient for revision and shall be accepted by the City when such
forms are accurate and complete.
RCPGP Subrecipient Agreement. 11 1110
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 CalEMA and
Grantor.
D. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set forth herein.
E. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
immediately upon written notice to Subrecipient of a loss or reduction of federal
grant funds.
RCPGP Subrecipient Agreement 12 1/10
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.
§404. Excusable Delays
L..
RCPGP Subrecipient Agreement 13 1/10 -
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 Govemment 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.
§408. Nondiscrimination and Affirmative Action
RCPGP Subrecipient Agreement 14 1/10
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.
§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.
RCPGP Subrecipient Agreement 15 1110
§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 solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies
�►. that it has adequate self insured retention of funds to meet any obligation arising
from this Agreement.
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.
C. In the event of third-party loss caused by negligence, wrongful act or
omission by both Parties, each parry 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
RCPGP Subrecipient Agreement 16 1/10
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 sea. if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic
partner and/or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent
or more; ownership of five percent or more of the stock;
employment in a managerial capacity; or membership on the
board of directors or governing body.
C. (This section intentionally left blank.)
RCPGP Subrecipient Agreement 17 1110
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 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 sec.).
§415. Compliance with State and Federal Statutes and Regulations
A. Statutes and Regulations Aoolicable To All Grant Contracts
Subrecipient shall comply with all applicable requirements of state, federal,
RCPGP Subrecipient Agreement 18 1110
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
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 seg., 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
RCPGP Subrecipient Agreement 19 V10
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. If this Agreement provides for more than $100,000.00 in grant funds or
more than $150,000 in loan funds, Subrecipient shall submit to the City
a Certification Regarding Lobbying and a Disclosure Form, if required,
in accordance with 31 U.S.C. 1352. A copy of the Certificate is
attached hereto as Exhibit C 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 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
RCPGP Subrecipient Agreement 20 1/10
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 CalEMA/Grantor
directives.
7. Subcontracts and Procurement
Subrecipient shall comply with the State, Federal and Subrecipient
standards in the award of any subcontracts. For purposes of this
Agreement, subcontracts shall include but not be limited to purchase
agreements, rental or lease agreements, third party agreements,
consultant service contracts and construction subcontracts.
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 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 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.
RCPGP Subrecipient Agreement 21 1/10
c. Subrecipient shall comply with the Federal Fair Labor Standards Act
(29 U.S.C. § 201) regarding wages and hours of employment.
d. None of the funds shall be used to promote or deter union/labor
organizing activities in accordance with California Government Code
§16645 et seq.
9. Civil Rights
Subrecipient shall comply with all Federal statutes relating to civil rights
and nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of
the Education Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on the basis of 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; 0) Title 28 CFR Part 42, Subparts C,
D, E and G; (k) Title 28 CFR Part 35; (1) 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 contractors or
subcontractors being funded with Grant Funds, the Subrecipient will
RCPGP Subrecipient Agreement 22 1/10
forward a copy of the finding to the City and the Office of Civil Rights,
Office of Justice Programs.
10. Environmental
a. Subrecipient shall comply, or has already complied, with the
requirements of Titles II and II I 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 at seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (P.L.
93-523); (h) protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93205); and (i) 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.
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
RCPGPSubredpientAgreement 23 1/10
DHS/FEMA/CalEMA, 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/CalEMA 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 at 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 at 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/CalEMA of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility
to be used in the project is under consideration for listing by the EPA.
h. 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 at seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources
System.
RCPGP Subrecipient Agreement 24 1/10
�- 11. Preservation
Subrecipient shall comply with, and assist CalEMA in assuring compliance
with, Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO 11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 at seq.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68, Number 228,
regarding Suspension and Debarment, and Subrecipient shall submit a
Certification Regarding Debarment required by Executive Order 12549
and any amendment thereto (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
Subrecipient shall comply with the Federal Drug-Free Workplace Act of
1968, 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.
RCPGP Subrecipient Agreement 25 1110
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 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
RCPGP Subrecipient Agreement 26 1/10
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. 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 requirements,
policies and any other requirements governing this particular Grant program.
Subrecipient shall comply with new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These
requirements include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Parts 66 and 70; EO 12372;
Current edition of the OJP Financial Guide (M7100.1); Current edition of
the DHS Financial Management Guide; DOJ Office for Civil Rights
Regulations; Title 2 CFR Parts 215, 225, 220, and 230; Title 44 CFR,
including part 13; Federal Acquisition Regulations (FAR), Part 31.2
Contract Cost Principles and Procedures, Contracts with Commercial
Organizations; DHS 08 Guidance; CalEMA 08 Supplement; DHS
Information Bulletins; and GMMs.
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.
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
RCPGP Subrecipient Agreement 27 1110
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).
2. 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
v 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.
3. Noncompliance
Subrecipient understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of Grant
Funds, and repayment by 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
RCPGP Subrecipient Agreement 28 1/10
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/CalEMA . Unless there is a prior
agreement between the City and Grantor/FEMA/CalEMA , Grantor/FEMA/
CalEMA shall determine whether to seek protection on the Invention.
Grantor/FEMA/CalEMA shall determine how the rights in the Invention, including
rights under any patent issued thereon, will be allocated and administered in
order to protect the public interest consistent with the policy ("Policy") embodied
in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title
35 U.S.C. Sections 200 at 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/CalEMA regarding allocation of any patent rights that arise from,
or are purchased with, Grant Funds.
B. Rights to Use Inventions
City and Grantor/FEMA/CalEMA 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.
RCPGP Subrecipient Agreement 29 1/10
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
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 sea., 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.
RCPGP Subrecipient Agreement 30 1110
§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 at seq. as applicable.
§424. Minority. Women. and Other Business Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all Contractor contracts, including
procurement, construction and personal services. Subrecipient agrees that, to
the extent contractors or subcontractors are utilized, Subrecipient shall use small,
minority, women-owned, or disadvantaged business concems and contractors or
subcontractors to the extent practicable.
§425. Publications
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
+s 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."
RCPGP Subrecipient Agreement 31 1110
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.
`r.
Subrecipient agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
RCPGP Subrecipient Agreement 32 1/10
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-four(34) pages and
eight (8) Exhibits which constitute the entire understanding and agreement of the
parties.
RCPGP Subrecipient Agreement 33 1110
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By By
Deputy City Attorney Antonio R. Villaraigosa, Mayor
Homeland Security and
Date Public Safety, Mayor's Office
Date
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM: For: City of San Bernardino
a municipal corporation
By BY
City Attorney City Manager
Date Date
ATTEST: [SEAL]
By
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number
RCPGP Subrecipient Agreement 334 1/10
EXHIBIT A
(Not applicable to this Agreement)
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,Debarment and
Suspension,24 CFR Part 24 Section 24.510, Participants'responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are
presently debarred,suspended,proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
AGREEMENT NUMBER
QCONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
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.
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants,Loans
and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belied 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
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
EXHIBIT D
EXHIBIT F
CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
The Contractor certifies that it will provide a drug-free workplace, in accordance with the federal
Drug-Free Workplace Act of 1988(41 USC 701 at sea.), 28 CFR Part 67; and the California
Drug-Free Workplace Act of 1990, CA Gov't Code §§8350-8357:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited
in the Contractor's workplace and specifying the actions that will be taken against
employees for violation of such prohibition.
2. Establishing a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug-free workplace;
C. Any available drug counseling,rehabilitation and employee assistance
programs; and
d. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of
the program be given a copy of the statement required by paragraph 1. above.
4. Notifying the employee in the statement required by paragraph 1.that, as a
condition of employment under the WIA program,the employee will:
-- a. Abide by the terms of the statement, and
b. Notify the Contractor of any criminal drug statute convictions for a
violation occurring in the workplace no later than five days after such
conviction.
5. Notifying the City within ten days after receiving notice under subparagraph 4. b.
from an employee or otherwise receiving actual notice of such conviction.
6. Taking one of the following actions, within 30 days of receiving notice under
subparagraph 4.b.with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to
and including termination, or
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of the provision of this certification.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
dam,.
EXHIBIT E
Los Angeles/ Long Beach/ Riverside Urban Area
FY 2007/2008 Regional Catastrophic Preparedness Grant Program
REQUIRED SUPPORTING DOCUMENTS
FOR CLAIM REIMBURSEMENT
Submit all claims and supporting documentation to:
Marcel Hovsepian,Grant Specialist:.'
Homeland Security,and Public Safety
Offce of Mayor Antonio R.'Villaraidosa
200.N.Spring Street, Room M175
:Los Angeles, CA 90012
Phone.213.978.1965.Fax:213.978.0718
IMPORTANT—To process your reimbursement request,you must submitthis checklist attached with the supporting:documents for '
all items requested for reimbursement, Invoices must be submitted as soon as expenses are accrued and paid, and the supporting
documentation is available, Do NOT accumulate all claims and invoices and submit on the final due date. Failure to timely submit
your claim with the required supporting documents could result in expenses not reimbursed andlor awards reallocated.
FOR PLANNING: PERSONNEL
Reimbursement Request Form:Complete all fields and provide original authorized signature and date.
❑ Match Documentation Form with detailed Match Activity Log and match supporting documentation
Functional Timesheets: Official Timekeeping System Record Printout with employee name, number of hours charged per day,dates,an
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 exce
document Provide pay rate calculations if not dearly 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 invoicemeceipt 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:
CITY OF LOS ANGELES
REGIONAL CATASTROPHIC PREPAREDNESS
GRANT PROGRAM
REIMBURSEMENT REQUEST FORM
Return Expenditure Requests to:
Martel Hovsspisn,Grant Specialist Jurisdiction:
Mayor's Office d Homeland Severity and Public Safety
200 N. Spring St.,Room PM175 Agency/Department
Los Angeles,CA 90012
Fax:213.975.0718 Expenditure Period: to
Project Letter. Prepared By
RCPGP FY07 ❑ Master Item#: Phone No.:
RCPGP FYM ❑ Sub-Line#: Please mark this box to indicate
final request for reimbursement❑
Type of Expenditure Authorized Previously Current Cumulative Balance
Total Amount Requested Request Request
Planning Costs -
Organizational Activities
Mane ement&Admin
Total
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 Perfomance Period.Also, all supporting documentation related to
these expenditures will be retained in accordance with grant gadefines.
Authorized Department Approval: Please Remit Payment to:
Pant Name Agency
This Address
Signature Date Chy State Zip
Phone No (attention) Fax Nc. Correct No.
E-mail Address
To be completed by HSPS Accounting Department
DHSIOES Rhoadurasil Requeat By: Transaction to__ Data:__
DHSIOES Reimbursement Received: Cal Receipt No. JV No.
Transfer to Depatl Date:_ JV No. Invoice No
HSPS#:
EXHIBIT F
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EXHIBIT G
U.S.DEPARTMENT OF HOMELAND SECURITY I REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
PART IV.
ALLOWABLE COSTS GUIDANCE
The following pages outline global allowable costs. A crosswalk of allowable costs
across grant programs can be found in Appendix A.
1. Planning.
Urban Areas may use RCPGP funds for planning efforts to address catastrophic events.
These efforts must enable the prioritization of needs, building of capabilities, updating of
preparedness strategies, allocation of resources, and delivery of preparedness
programs across disciplines (e.g., law enforcement, fire, emergency medical service
(EMS), public health, behavioral health, public works, agriculture, and information
technology) and levels of government. Working through Citizen Corps Councils, all
jurisdictions are encouraged to include non-governmental entities and the general public
in planning and associated training and exercises.8
Examples of allowable planning costs for the individual RCPGP activities can be found
at http://www.fema.gov/grants.
2. Personnel.
Hiring, overtime, and backfill expenses are allowable under this grant only to perform
programmatic activities deemed allowable under existing guidance. Supplanting,
however, is not allowed.
Up to 50 percent of the total program funds may be used to support the hiring of full or
part-time personnel to conduct program activities that are allowable under RCPGP.
Grantees may request that DHS issue a waiver to increase that ceiling. The ceiling on
personnel costs does not apply to contractors and is in addition to eligible M&A costs
and eligible hiring of intelligence analysts. Grantees may hire staff only for program
management functions, not operational duties. See Appendix A for allowable hiring
expenditures.
RCPGP funds may not be used to support the hiring of sworn public safety officers for
the purposes of fulfilling traditional public safety duties or to supplant traditional public
safety positions and responsibilities.
The following are definitions for the terms as used in this grant guidance:
• Hiring — State and local entities may use grant funding to cover the salary of
newly hired personnel who are exclusively undertaking allowable FEMA program
Non-governmental entities include the private sector and private non-profit,faith-based, community,
volunteer and other non-govemmental organizations.
24
U.S.DEPARTMENT OF HOMELAND SECURITY I REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
activities as specified in this guidance. This may not include new personnel who
are hired to fulfill any non-FEMA program activities under any circumstances.
Hiring will always result in a net increase of FTEs.
• Overtime—These expenses are limited to the additional costs which result from
personnel working over and above 40 hours of weekly work time as a direct
result of their performance of FEMA-approved activities specified in this
guidance. Overtime associated with any other activity is not eligible.
• Backfill-related Overtime—Also called "Overtime as Backfill," these expenses
are limited to overtime costs which result from personnel who are working
overtime (as identified above) to perform the duties of other personnel who are
temporarily assigned to FEMA-approved activities outside their core
responsibilities. Backfill-related overtime only includes the difference between
the overtime rate paid and what would have otherwise been paid to the
backfilling employee for regular time. Under no circumstances should the entire
amount of backfill overtime expense be charged to an award. Neither overtime
nor backfill expenses are the result of an increase of Full-Time Equivalent (FTE)
employees.
• Supplanting — Replacing a currently State and/or locally budgeted position with
one or more full-time employees or contracted supported in whole or in part with
Federal funds.
3. Management and Administration (M&A).
A maximum of up to three percent (3%) of funds awarded may be retained by the State,
and any funds retained are to be used solely for management and administrative
purposes associated with the RCPGP award. States may pass through a portion of the
State M&A allocation to local subgrantees to support local management and
administration activities (not to exceed 3%).
25
EXHIBIT H
U.S.DEPARTMENT OF HOMELAND SECURITY I REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
APPENDIX A.
AUTHORIZED ALLOWABLE COStS
Table 4— FY 2007 and FY 2008 Allowable Cost Matrix
r :
Public education &outreach
Develop and implement homeland security
support programs and adopt ongoing DHS
National Initiatives, including State
Preparedness Reports
Develop and enhance plans and protocols
Develop or conduct assessments
Establish, enhance, or evaluate Citizen
Corps related volunteer programs
Hiring of full- or part-time staff or
contract1consultants 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.(IAW operational
Cost Guidance)
Other project areas with prior approval from
FEMA
Hiring of full-or part-time staff or contractors
for emergency management activities
A-1
U.S.DEPARTMENT OF HOMELAND SECURITY REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
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
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
A-2
Project Letter
Master Item
All" '4�f 4
SubLine Jurisdiction
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Feser Do
tom: Eve LaDue[Eve.LaDue@lacity.org]
ant: Tuesday, February 23, 2010 3:38 PM
To: Feser Do
Cc: Eve LaDue; Marcel Hovsepian; Monica McDermott; McNeely_Ch; Penman_Ja
Subject: RCPGP 07/08-Contract-City of LA/City of San Bernardino
Attachments: CityOfSanBerardino.RCPGP.pdf, City of San Bernadino.pdf
Dear Don,
Attached., please find an electronic version of the Contract between the City of Los Angeles
and the City of San Bernardino in connection with the Fiscal Year 2007/2008 Regional
Catastrophic Planning Grant (FY 07/08 RCPGP). Also attached, please find the City of San
Bernardino budget for FY 07/08 RCPGP. Please follow the instructions below to ensure timely
execution of the Contract:
1. Review the Contract and, if acceptable, print out two copies.
2. Make sure that the documents are .signed by you or your City Representative, City Attorney
and City Clerk.
3. Remember to have your City Representative sign the exhibits listed below in both sets of
contracts:
Exhibit B: Certification Regarding Debarment Exhibit C: Certification Regarding Lobbying
0xhibit D: Certification Regarding Drug Free Requirements
4. Please send the original, signed copies of the Contracts to me at the address below:
Eve LaDue
Contracts Specialist
Office of the Mayor, Homeland Security and Public Safety 200 N. Spring Street, Room 303 Los
Angeles, CA 90012
A final signed copy of the contract will be returned to you once all the required City of Los
Angeles signatures are obtained. if you have any further questions please contact me at
(213) 978-0707 or Eve.LaDue0lacitv.org
Best regards,
Eve LaDue
Contract Specialist
Office of the Mayor
Homeland Security and Public Safety Team 200 N. Spring Street, Room 303 Los Angeles, CA 90012
P. 213.978.0707 f. 213.978.0718 Eve.LaDue(@lacity.org
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