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HomeMy WebLinkAbout07.J- Fire RESOLUTION(ID #2015) DOC ID: 2015 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Grant From: Paul Drasil M/CC Meeting Date: 10/01/2012 Prepared by: Norma Camarena, (909) 384- 5286 Dept: Fire Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute an Agreement with the City of Los Angeles for the Purpose of Accepting and Administering the FY 2010 Regional Catastrophic Preparedness Grant Program. Financial Impact: During the past several years,the City of San Bernardino has received funding to participate in the FY 2007/2008 and FY 2009 Regional Catastrophic Preparedness Grant Program (RCPGP). The FY 2010 RCPGP is a continuation of this process,and the City of Los Angeles is offering funds to cover personnel salary costs for participation in the planning efforts. The Fire Department and Police Department would each receive $101,857 to fund personnel,for a total of$203,714. Allowable costs including salary and benefits for those involved in the plan development will be covered by the$203,714 funding,which requires a matching City contribution. The matching cost share contribution can be cash or in-kind, no federal funding contributions will be considered for the required match. The City will be required to provide an in-kind match of$71,478. The City plans to use already budgeted Fire and the Police Department personnel costs in lieu of a cash contribution to meet this obligation. In addition, on July 2,2012,the City adopted the Fire Department Staffing Efficiencies proposal that identified reductions to areas that were considered non-critical. Part of the implementation was to hold the Emergency Services Manager position vacant through attrition. With the FY 2010 RCPGP funding,the City will be able to maintain the Emergency Services Manager position for FY 12/13 and continue to be a sub-recipient of the City of Los Angeles Urban Area Security Initiative. If the position is vacated during this fiscal year, any remaining grant funding would be forfeited and our current staffing will not allow our Department to continue to support this work. In this event, the programs and responsibilities associated with the Emergency Services Manager will have to be taken over by another department within the City. 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 March 31, 2013. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 01/09/12 Resolution 2012-115 authorizing the City of San Bernardino to enter into an agreement with the City of Los Angeles for the purpose of accepting and Updated:9/27/2012 by Georgeann"Gigi"Hanna Packet Pg. 121 2015 © administering the FY 2009 Regional Catastrophic Preparedness Grant Program. 12/13/11 Grants Ad Hoc Committee-Item recommended for approval. 07/06/10 Resolution 2010-225, authorizing the City of San Bernardino to enter into an agreement with the City of Los Angeles to accept and administer the FY 2009 RCPGP in the amount of$220,000 with a cost share of$75,531.30. 04/05/10 Resolution 2010-65 authorizing the City of San Bernardino to enter into an agreement with the City of Los Angeles for the purpose of accepting and administering the FY 2007/2008 Regional Catastrophic Preparedness Grant Program for the purpose of developing regional evacuation, mass care, and sheltering plans in the amount of$200,000. 02/23/10 Grants Ad Hoc Committee-Item recommended for approval. Background: The Fire Department and Police Department are requesting approval to participate with the City of Los Angeles in the FY 2010 Regional Catastrophic Preparedness Grant Program. The U. S. Department of Homeland Security provides financial assistance to the Los Angeles/Long Beach Urban Area Security Area through the Regional Catastrophic Preparedness Grant Program (RCPGP). The City of Los Angeles, as the lead agency for the Los Angeles/Long Beach area of the Urban Area Security Initiative (UASI), recently accepted the FY 2010 RCPGP from the Department of Homeland Security (DHS). The 2010 RCPGP is available to Tier 1 UASI Areas for the purpose of developing regional evacuation, mass care, and sheltering plans to be implemented in the event of a disaster. As a Tier 1 UASI Area, Los Angeles/Long Beach are eligible for additional funding through DHS. The City of San Bernardino is a member of a Tier 2 UASI Area, the Riverside UASI, and is not eligible for direct RCPGP funding. However, the City of Los Angeles is able to exercise an option to identify sub-recipients in order to expand the RCPGP planning effort. Their intent is to include the Riverside UASI,which includes the cities of Riverside, San Bernardino, and Ontario, in addition to the counties of San Bernardino and Riverside in the planning effort. The Fire Department was scheduled for the August 28, 2012,Grants Ad Hoc Committee meeting to discuss the acceptance and administration of the 2010 RCPGP; however, Council Member Virginia Marquez requested that the Fire Department place this item on the Council agenda. City Attorney Review: Sumortine Documents: Resolution (PDF) agrmt 2015 (PDF) Updated:9/27/2012 by Georgeann"Gigi"Hanna Packet Pg. 122 7.J.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN E 3 AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE PURPOSE OF c 4 ACCEPTING AND ADMINISTERING THE FY 2010 REGIONAL CATASTROPHIC a` PREPAREDNESS GRANT PROGRAM. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE N 6 CITY OF SAN BERNARDINO AS FOLLOWS: a 7 SECTION 1. That the City of Los Angeles, hereinafter called "Los Angeles", and 8 the City of San Bernardino, hereinafter called "Subgrantee" or "Subrecipient", wish to enter o 9 Q into an Agreement to continue expanding the development of regional evacuation, mass care H 10 11 and sheltering plans to be implemented in the event of a disaster; ci R c 12 SECTION 2. The City Manager or her designee is hereby authorized and directed to d 13 execute said Agreement, a copy of which is attached and incorporated herein as Attachment ° 0 14 N All LL, 15 SECTION 3. The City Manager or her designee is authorized to accept the FY 2010 16 ,y 17 Regional Catastrophic Preparedness Grant Program from the City of Los Angeles in the S v 18 amount of$203,714 for the San Bernardino City Fire Department and Police Department to .a 19 administer as outlined in the Agreement; v 20 SECTION 4. The authorization to execute the above referenced Agreement is a N 21 0 rescinded if it is not executed within one hundred and twenty (120) days of the passage of c 22 23 this resolution. 0 0 24 25 E 26 27 28 Packet Pg.`123 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF LOS ANGELES FOR THE PURPOSE OF 3 ACCEPTING AND ADMINISTERING THE FY 2010 REGIONAL CATASTROPHIC o 4 PREPAREDNESS GRANT PROGRAM. a r R 5 c� 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and c v 7 Common Council of the City of San Bernardino at a meeting o 8 thereof, held on the_day of , 2012, by the following vote,to wit: °; 9 a Council Members: AYES NAYS ABSTAIN ABSENT ` 10 11 MARQUEZ m c 12 JENKINS G d 13 VALDIVIA o 0 14 SHORETT > LL 15 KELLEY r 16 N 17 JOHNSON M 18 MCCAMMACK v c m 19 Q d 20 Gerogeann Hanna, City Clerk a 21 The foregoing Resolution is hereby approved day of 2012. c 0 23 0 24 Patrick J. Morris,Mayor City of San Bernardino 25 Approved as to form: u 26 JAMES F. PENMAN, 27 City Attorney a 28 BY: ` Gw 7 r, 4f 7s koo o-Ocra4 _/ / Packet Pg. 124 E m L o� 0 L a V C 'R^ V N SUBRECIPIENT AGREEMENT d c v d a m L a v Contractor: City of San Bernardino C L N R R U Title: FY 2010 Regional Catastrophic Preparedness Grant Program c 0 0) m City Contract Number ° NN r LL d L L d N C E Q a c m c d v v Q 0 N_ h r O N E L m R c d E L 0 �a Q Packet Pg: 125_ TABLE OF CONTENTS Section Page E 1. is INTRODUCTION a M C A ,L^ V §101. Parties to the Agreement ....................................................................7 N §103. Independent Party...............................................................................8 c §104. Conditions Precedent to Execution of This Agreement.......................8 d C 0. II. TERMS AND SERVICES TO BE PROVIDED .2 a 0 §201. Time of Performance.........................................................................10 H §202. Use of Grant Funds...........................................................................10 is U I11. PAYMENT d z §301. Payment of Grant Funds and Method of Payment............................13 ° a N IV LL STANDARD PROVISIONS r §401. Construction of Provisions and Titles Herein ....................................15 §402. Applicable Law, Interpretation and Enforcement...............................15 9 §403. Integrated Agreement .................................................. ........15 a ............. §404. Excusable Delays .............................................................................16 s §405. Breach...............................................................................................16 §406. Prohibition Against Assignment or Delegation ..................................16 d §407. Permits..............................................................................................16 §408. Nondiscrimination and Affirmative Action................... 17 a o §409. Los Angeles City Business Tax Registration Certificate....................18 0 §410. Bonds................................................................................................18 §411. Indemnification..................................................................................18 §412. Conflict of Interest.............................................................................19 N §413. Insurance..........................................................................................21 E §414. Restriction on Disclosures.................................................................21 §416. Federal, State and Local Taxes ........................................................33 §417. Inventions, Patents and Copyrights ..................................................33 E §418. Living Wage Ordinance.....................................................................35 §419. Earned Income Tax Credit................................................................35 §420. Equal Benefits Ordinance ............................ ...............35 a ...................... §421. Contractor Responsibility Ordinance.................................................35 RCPGP 10 Subrecipient Agreement 2 2112 City of San Bernardino Packet Pg.'126 TABLE OF CONTENTS Section Pape E §422. Slavery Disclosure Ordinance...........................................................35 0, §423. Child Support Assignment Orders.......................... ° 35 a §424. Minority, Women and Other Business Enterprise Outreach Program ............................................................................................................. . .......36 P §425. Publications and Markings ................................................................36 a d c V. d DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS CL 2 §501. Defaults.............................................................................................37 . §502. (This section intentionally left blank.) ................................................37 a §503. This section intentional) left blank. ° ( Y } ................................................37 §504. (This section intentionally left blank.) ................................................37 §505. Amendments.....................................................................................37 v VI. c ENTIRE AGREEMENT 0 §601. Complete Agreement........................................................................38 N r §602. Number of Pages and Attachments ..................................................38 r Execution (Signature) Page 39 y .S E v Q a c R a m u u Q n 0 N_ Ifi r O N E R C d E L u A w w Q f `r RCPGP 10 Subrecipient Agreement 3 2/12 City of San Bernardino Packet Pg. 127 xb. UT OEXHIBITS E Exhibit A Insurance (Not applicable to this Agreement) m 0 Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and a. Voluntary Exclusion Lower Tier Covered Transactions c� Exhibit C Certification Regarding Lobbying y d Exhibit D Certification Regarding Drug Free Workplace Requirements R 0. Exhibit E Reimbursement Checklist and Request Forms a` U Exhibit F Match Activity Log and Documentation Forms c 0 Exhibit G Appendix A: Allowable Costs List U m c O .s d K O r O N LL d L d Y N C E a a Q U U a LO 0 N_ N r O N E rn R c m 0 U A a 1 RCPGP 10 Subrecipient Agreement 4 2/12 City of San Bernardino Packet Pg.128 AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY OF LOS ANGELES E AND THE CITY OF SAN BERNARDINO 0 o. THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made and entered into by and between the City of Los Angeles, a municipal 0 corporation (the "City,"),and the City of San Bernardino, a municipal corporation d (the "Subgrantee" or "Subrecipient"). w M CL WITNESSETH a r 0. WHEREAS, the U.S. Department of Homeland Security ("DHS" or 0 H "Grantor"), through the Office of Grants and Training ("G&T") has provided m financial assistance to the Los Angeles/ Long Beach/Riverside Urban Area ("LA/LB/R UA") through the Fiscal Year ("FY") 2010 Regional Catastrophic c Preparedness Grant Program ("RCPGP" or the "Grant") in the amount of Three 0 Million Five Hundred Seventy Thousand Dollars ($3,570,000) ("Grant Funds"), such Grant Funds having been accepted by the City Council (C.F. #10-1954, ° December 6, 2011); and N LL d WHEREAS, this financial assistance is overseen by the California Emergency Management Agency ("CalEMA") and administered by the City as MA the administrative and fiscal agent for the Grant funds allocated to the LA/LB/R S UA; and a a WHEREAS, this financial assistance is provided to enhance regional catastrophic preparedness and continuity of operations efforts, with the aim of a strengthening the LA/LB/R UA against risks associated with catastrophic events; and a WHEREAS, the City has designated its Office of the Mayor, Office of N Homeland Security and Public Safety ("Mayor's Office") to provide for the proper monitoring and administration of the Grant and this Agreement; and b N WHEREAS, the City now wishes to distribute the Grant funds allocated to E the Subrecipient in accordance with the provisions of this Agreement and the City and the Subrecipient are each desirous of executing this Agreement, such execution having been authorized by the City Council and the Mayor (C.F. #10- r 1954, December 6, 2011). a RCPGP 10 Subrecipient Agreement 5 2/12 City of San Bernardino Packet Pg 129 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: E a 0 a c m N N d C 'O d f0 6 d a U L a 0 N N U m c 0 d 0 0 N } LL d L d N ._ E Q C A CL w v v Q N O N r O N E CD M m c m E L U m Q RCPGP 10 Subrecipient Agreement 6 2/12 City of San Bernardino Packet Pg.130 I INTRODUCTION E §101. Parties to the Agreement 0 The Parties to this Agreement are: a c R A. The City of Los Angeles, a municipal corporation, having its principal office y at 200 North Spring Street, Los Angeles, California 90012; and "m B. The City of San Bernardino, a municipal corporation, having its principal office at 300 N. "D" Street, San Bernardino, California, 92418. d a §102. Representatives of the Parties and Service of Notices .2 0. A. The representatives of the respective parties who are authorized to H 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 m otherwise stated in this Agreement: 0 Eileen Decker, Deputy Mayor $ Office of the Mayor LL Homeland Security and Public Safety r 200 N. Spring Street, Room 303 Los Angeles, CA 90012 w Phone: (213) 978-0787 :S Fax: (213) 978-0718 E Eileen.Decker @lacity.org c m 2. The representative of City of San Bernardino of shall be: d v Andrea Travis-Miller, Interim City Manager a City of San Bernandino 300 N. "D" Street, 6th Floor n San Bernardino, CA 92418 LO Phone: (909) 384-5122 N Fax: (909) 384-5138 Travis-Miller_An @sbcity.org o, m with a copy to: m E s U A w a RCPGP 10 Subrecipient Agreement 7 2/12 City of San Bernardino Packet Pg. 131 Don Feser, Emergency Services Manager San Bernandino Fire Department 200 East 3rd Street San Bernandino, CA 92410 m Phone: (909) 384-5115 Fax: (909) 384-5281 a Feser_Do @sbcity.org R B. Formal notices, demands and communications to be given hereunder by y either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt d requested and shall be deemed communicated as of the date of mailing. a d 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 a shall be given, in accord with this section, within five (5) business days of 0 said change. U §103. Independent Party c 0 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 o be, an employee of the City by virtue of this Agreement, and Subrecipient o i shall so inform each employee organization and each employee who is } LL 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. N C §104. Conditions Precedent to Execution of This Agreement E v a Subrecipient shall provide copies of the following documents to the City, unless otherwise exempted: CL d A. This Section is Left Intentionally Blank a B. Certifications Regarding Ineligibility, Suspension and Debarment as o 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. 0 N 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. a RCPGP 10 Subrecipient Agreement 8 2/12 City of San Bernardino Packet Pg. 132 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. E W 0 0 Q c M t7 N N d G d R Q d Q r Q 0 N N w A U m c 0 0) (D 0 0 N } LL d L d r N C V a C A w Q d v v a 0 N_ N 0 N N cm E M R c m E L L) m Y a RCPGP 10 Subrecipient Agreement 9 2/12 City of San Bernardino Packet Pg. 133 II TERM AND SERVICES TO BE PROVIDED £ L 0 L §201. Time of Performance a The term of this Agreement shall be from August 1, 2010 to March 31, 0 2013 (the "Term"); provided, however, that any and all expenditures made N by Subrecipient shall be reimbursed by Subrecipient's allocation of Grant Funds pursuant to this Agreement only if such expenditures were made no later than 60 days prior to the end of the Term of this Agreement (the d "Expenditure Deadline"). Any and all expenditures made by Subrecipient 0. after the Expenditure Deadline shall not be reimbursed under this .2 Agreement unless, prior to such expenditure, the Mayor's Office, in its sole c discretion, has approved in writing the making of such expenditure after y the Expenditure Deadline. Subrecipient shall cooperate with any necessary close out activities in connection with its use of the Grant Funds. Said Term is subject to the provisions herein. .2 §202. Use of Grant Funds 0 A. Subrecipient's allocations and use of funds under this Grant shall comply N and be in accordance with, and subject to, the guidance, regulations and LL requirements set forth in the following: (1) DHS Fiscal Year 2010 r Regional Catastrophic Preparedness Grant Program Guidance and Application Kit ("DHS 10 Guidance"), (2) DHS Information Bulletins, (3) H CalEMA's Fiscal Year 2010 Regional Catastrophic Preparedness Grant E Program California Supplement to Federal Program Guidance and a Application Kit ("CaIEMA 10 Supplement"), (4) CaIEMA Grant a Management Memos ("GMM"), (5) the current editions of the Office of Justice Programs ("OJP") Financial Guide and the DHS Financial d Management Guide, (6) DHS/FEMA's Grants Management Common Rule a 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 0 support the goals and objectives of the Grant as set forth by the Grantor and CaIEMA as well as the investments and projects identified in the Investment Justifications for the Grant, which were submitted as part of the California FY 2010 Regional Catastrophic Preparedness Grant E Program application. Further, use of the Grant Funds is limited to those investments and projects included in such Investment Justifications submitted to DHS/FEMA/CalEMA and evaluated through the peer review E process. Subrecipient shall comply with any cost sharing requirements and commitments included in such FY 2010 Investment Justifications, where applicable, and all fund matching requirements applicable to the a Subrecipient. Subrecipient agrees that that Grant Funds will be used to RCPGP 10 Subrecipient Agreement 10 2/12 City of San Bernardino Packet Pg. 134 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, a 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 y between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical d Response System) or fiscal years. Subrecipient shall comply with the o provisions of 2 CFR 215.25 and notify City and CalEMA of any a developments that have a significant impact on Grant Fund supported activities of Subrecipient, including changes to key program staff. a Subrecipient shall cooperate with any assessments, national evaluation 2 efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or v evaluation of any activities contemplated by this Agreement. Subrecipient shall not be delinquent in the repayment of any Federal debt (OMB Circular A-129). 0 B. Subrecipient and the City have previously completed a mutually approved N Budget/Expenditure Plan, dated December 6, 2011 (the `Budget"). The } a Budget contains detailed listings of items and projects for expenditure r under the terms of this Agreement. The Grant requires a cash or in-kind v contribution of non-Federal funds by Subrecipient in accordance with the Grant program requirements (the "Match"). Accordingly, the Budget also E sets forth the required Match amount to be contributed by Subrecipient a 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 c Budget. Any request by Subrecipient to modify the Budget must be made d in writing and must be approved in writing by the Parties during the term of a 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 o during the term of this Agreement to be effective. The City will notify the N Subrecipient in writing if modification requests are inaccurate and/or LO incomplete. Inaccurate and/or incomplete modification requests shall be N returned to the Subrecipient for revision and shall be accepted by the City E when modification requests are accurate and complete. Subrecipient shall not expend any Grant Funds on modified budget items until such C I is approved by the City and CalEMA/Grantor. Final E 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 M provide the City time to meet CalEMA/Grantor requirements. a RCPGP 10 Subrecipient Agreement 11 2/12 City of San Bernardino Packet Pg. 135 Q 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 E and reports shall be in the form requested by the City, and shall be m provided in a timely manner. The completion of each milestone and ° deliverable referenced in the implementation plans is subject to the prior Z 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 d and other information as may be required by CaIEMA. o d D. Subrecipient shall initiate and complete work on a project within the applicable time frame after receipt of approval for such project from a CalEMA. CaIEMA may grant extensions to the time of performance for a project on a project-by-project basis at its sole discretion. Any request by o 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 c by CalEMA in writing during the term of this Agreement to be effective. o Project extension requests must be submitted to the City no later than 120 days before the end of the applicable project time of performance. The o City will notify the Subrecipient in writing if project extension requests are N [ inaccurate and/or incomplete. Inaccurate and/or incomplete project LL extension requests shall be returned to the Subrecipient for revision and t shall be accepted by the City when project extension requests are accurate and complete. 2 .E E. Any and all projects/activities/items undertaken by Subrecipient as set Eo forth in the Budget and to be reimbursed by Grant Funds under this a Agreement shall be authorized, subject to, and in compliance with the CalEMA 10 Supplement, GMMs, DHS Information Bulletins, and DHS 10 ~o Guidance, which includes Appendix A: Allowable Costs List (attached hereto as Exhibit G and made a part hereof). a F. Subrecipient agrees that any equipment acquired or obtained with Grant N Funds (1) will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in g 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 E Services and Rescue Mutual Aid Plan, and (2) shall be consistent with R needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. RCPGP 10 Subrecipient Agreement 12 2/12 City of San Bernardino Packet Pg. 136 III PAYMENT E §301. Payment of Grant Funds and Method of Payment a, 0 A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant a amount of Two Hundred Three Thousand Seven Hundred Fourteen Dollars ($203,714.00) to be used solely for items Listed in the Budget and as described in §202 above. The disbursement shall be on a d reimbursement basis only. Subrecipient shall maintain procedures to 0 minimize the time elapsing between the award of Grant Funds and the disbursement of such funds. v a Subrecipient shall contribute its non-Federal funds Match (as previously .2 defined) requirement to its project contemplated by this Agreement and o the Budget, in accordance with 44 CFR 13.24, the DHS 10 Guidance, and Z the CaIEMA 10 Supplement. Subrecipient's Match requirement is Seventy-One Thousand Four Hundred Seventy-Nine Dollars ($71.479.00). c 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 o 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 2 and responsibility of the Subrecipient, and the City will not reimburse the E Subrecipient for any costs incurred for such preparation. The City may request, in writing, changes to the content and format of such V c documentation at any time, and the City reserves the right to request A CL additional supporting documentation to substantiate costs incurred at any time. a Reimbursement requests must be submitted to the City on a monthly o basis, accompanied by supporting documentation as set forth above along with a properly completed Reimbursement Checklist and Request Form LO (attached as Exhibit E hereto and incorporated herein) and Match Activity N Log and Documentation Form (attached as Exhibit F hereto and E 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 E thirty-one (31) of days prior to the expiration of the Term of this Agreement. The City will notify Subrecipient in writing if reimbursement a requests and Match documentation forms are inaccurate and/or incomplete. Inaccurate and/or incomplete reimbursement requests and RCPGP 10 Subrecipient Agreement 13 2/12 City of San Bernardino Packet Pg.137- Match documentation forms shall be returned to Subrecipient for revision and shall be accepted by the City when such forms are accurate and complete. E The Grantor seeks to encourage Regional Projects, where two or more o� jurisdictions or Urban Areas join together on a given project for the ° a common good of the region. For regional project reimbursements, 5 Subrecipient must include approval from the lead agency on that specific project for all submitted invoices. N N d C. Subrecipient must account separately for all interest income earned from d the Grant Funds. In accordance with OJP financial guidelines and 44 CFR a 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 a. earned on Grant Funds. Subrecipient shall promptly return to the City all c Grant Funds received which exceed the approved, actual expenditures as ° accepted by CalEMA and Grantor. In the event the amount of the Grant Funds allocated to Subrecipient is reduced, the reimbursement applicable to the amount of such reduction will be promptly refunded to the City to be returned to CaIEMA and Grantor. o D. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein. o N LL E. Funding for all periods of this Agreement is subject to the continuing availability to the City of federal funds for this program from the Grantor. r The Agreement may be terminated immediately upon written notice to Subrecipient of a loss or reduction of federal grant funds. E a Q V a N O N_ O r O N E A C d E r U R Q RCPGP 10 Subrecipient Agreement 14 2/12 City of San Bernardino Packet Pg. 138 7.J.b IV. STANDARD PROVISIONS E m L §401. Construction of Provisions and Titles Herein 0 Y 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 a 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 a hereunder shall be joint and several. Use of the feminine, masculine, or 0 neuter genders shall be deemed to include the genders not used. is U §402. Applicable Law. Interpretation and Enforcement M r- 0 Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City, o including but not limited to, laws regarding health and safety, labor and N employment, wage and hours and licensing Laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the r State of California and the City without regard to conflict of law principles. d Subrecipient shall comply with new, amended, or revised laws, regulations N and/or procedures that apply to the performance of this Agreement. E v In any action arising out of this Agreement, Subrecipient consents to a personal jurisdiction, and agrees to bring all such actions, exclusively in R state or federal courts located in Los Angeles County, California. c d If any part, term or provision of this Agreement shall be held void, illegal, a unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the N. remaining parts, terms or provisions of this Agreement shall not be affected thereby. N YC C §403. Integrated Agreement rn A 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. w This Agreement may be amended only as provided for in §505. a RCPGP 10 Subrecipient Agreement 15 2/12 City of San Bernardino Packet Pg. 138. 7.J.b §404. Excusable Delays In the event that performance on the part of any parry hereto shall be delayed or suspended as a result of circumstances beyond the reasonable E control and without the fault and negligence of said party, none of the o parties shall incur any liability to the other parties as a result of such delay a or suspension. Circumstances deemed to be beyond the control of the c parties hereunder shall include, but not be limited to, acts of God or of the c2 public enemy; insurrection; acts of the Federal Government or any unit of N State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes v or delays in transportation; to the extent that they are not caused by the e party's willful or negligent acts or omissions and to the extent that they are a beyond the party's reasonable control. r c §405. Breach ° U! W Except for excusable delays, as described in §404, if any party fails to u perform, in whole or in part, any promise, covenant, or agreement set forth c herein, or should any representation made by it be untrue, any aggrieved 0, 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, N j suffer a penalty or forfeiture, or be unjustly compensated. LL d §406. Prohibition Against Assignment or Delegation N The Subrecipient may not, unless it has first obtained the written E permission of the City: a s A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or d B. Delegate, subcontract, or otherwise transfer any of its duties under this a Agreement. Ln 0 N_ §407. Permits 0 N The Subrecipient and its directors, officers, agents, employees, E 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 E shall pay any fees required therefore. The Subrecipient certifies to immediately notify the City of any suspension, termination, lapses, a non-renewals or restrictions of licenses, permits, certificates or other documents. RCPGP 10 Subrecipient Agreement 16 2/12 City of San Bernardino Picket Pg. 140 §408. Nondiscrimination and Affirmative Action A. Unless otherwise exempt, this Agreement is subject to the non- discrimination provisions of Section 10.8 through 10.8.2 of the Los rn Angeles Administrative Code, as amended from time to time. The ° a. Subrecipient shall comply with the applicable nondiscrimination and c affirmative action provisions of the laws of the United States of America, the State of California, and the City. In performing this Agreement, the y Subrecipient shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, v religion, national origin, ancestry, sex, sexual orientation, age, physical o 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 a Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). Any subcontract entered into by .2 Subrecipient, to the extent allowed hereunder, shall include a like U provision for work to be performed under this Agreement. 0 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 N allowed by law, including but not limited to termination of this Agreement. LL d B. The Subrecipient shall comply with the provisions of the Los Angeles Administrative Code Sections 10.8 through 10.13, to the extent applicable MA hereto. If this Agreement contains a consideration in excess of$1,000 but S not more than $100,000, the Equal Employment practices provisions of a this Agreement shall be the mandatory contract provisions set forth in Los v 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 8 Program of this Agreement shall be the mandatory contract provisions set a forth in Los Angeles Administrative Code Section 10.8.4, in which event said provisions are incorporated herein by this reference. The N Subrecipient shall also comply with all rules, regulations, and policies of LO the City's Board of Public Works, Office of Contract Compliance relating to N nondiscrimination and affirmative action, including the filing of all forms E required by City, rn 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. a RCPGP 10 Subrecipient Agreement 17 2112 City of San Bernardino Packet Pg. 141 7.J.b §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 E Municipal Code) is not applicable. o §410. Bonds R Duplicate copies of all bonds, which may be required hereunder, shall N conform to City requirements established by charter, ordinance or policy o and all federal requirements regarding the use of Grant Funds and shall d be filed with the Office of the City Administrative Officer, Risk Management for its review in accordance with Los Angeles Administrative a` Code Sections 11.47 through 11.56. .2 a §411. Indemnification N R R 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 c 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, o 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 LL officers, agents, or employees by law, for injury caused by a negligent or r 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 U) Section 895.2 of said Code. To achieve the above-stated purpose, each E party indemnifies and holds harmless the other party for liability that is imposed solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein, a m v a 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 b officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance o of this Agreement. N Y E B. Each party indemnifies and holds harmless the other party for any A loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes E joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government a Code section 895. RCPGP 10 Subrecipient Agreement 18 2/12 City of San Bernardino Packet Pg. 142 C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed orjudicially determined. The provisions of Civil E Code Section 2778 regarding interpretation of indemnity o agreements are hereby incorporated a` M §412. Conflict of Interest c� N 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 d themselves or others, particularly those with whom they have family, a` business, or other ties. Subrecipient covenants that none of its directors, officers, employees, or agents shall participate in selecting, or c administrating any subcontract supported (in whole or in part) by Federal ; funds where such person is a director, officer, employee or agent of the s cc ubcontractor; 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 o, knows or should have known that: 1. A member of such person's immediate family, or domestic o partner or organization has a financial interest in the >. subcontract; r 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or E 3. The participation of such person would be prohibited by the a California Political Reform Act, California Government Code c §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the d subcontract. a B. Definitions: LO 0 1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or N marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in rn law, sister in law, son in law, daughter in law. 0 V C 2. The term "financial or other interest" includes but is not E limited to: a. Any direct or indirect financial interest in the specific a contract, including a commission or fee, a share of the RCPGP 10 Subrecipient Agreement 19 2/12 City of San Bernardino Packet Pg. 143 proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. E b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial a 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 y directors or governing body. v C. (This section intentionally left blank.) a W a U D. The Subrecipient further covenants that no officer, director, employee, or a 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). 0 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. N LL LL F. Prior to obtaining the City's approval of any subcontract, the Subrecipient r 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 H their immediate family with the proposed subcontractor and its officers, E directors or employees. E a 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 CL laws of the City of Los Angeles, State of California, and Federal regulations regarding conflict of interest. a H. The Subrecipient warrants that it has not paid or given and will not pay or o give to any third person any money or other consideration for obtaining this Agreement. LO 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. E L U J. The Subrecipient shall incorporate the foregoing subsections of this a Section into every agreement that it enters into in connection with this RCPGP 10 Subrecipient Agreement 20 2/12 City of San Bernardino ,Packet Pg. 144 7.J.b project and shall substitute the term "subcontractor" for the term "Contractor" and "sub subcontractor" for"Subcontractor". §413. Insurance E E This section is not applicable to this Agreement, and is intentionally left a blank. r R §414. Restriction on Disclosures N N N Any reports, analysis, studies, drawings, information, or data generated as d a result of this Agreement are to be governed by the California Public a Records Act (California Government Code Sec. 6250 et seq.). a U §415. Compliance with State and Federal Statutes and Regulations a 0 A. Statutes and Reaulations Applicable To All Grant Contracts M U Subrecipient shall comply with all applicable requirements of state, federal, County and City of Los Angeles laws, executive orders, m 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, N hours, and other conditions of employment. Subrecipient shall comply LL with new, amended, or revised laws, regulations, and/or procedures that t apply to the performance of this Agreement. These requirements include, but are not limited to: N •c 1. Office of Management and Budget (OMB) Circulars a Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB a Circular A-87 (Cost Principles for State, Local, and Indian Tribal a Governments); OMB Circular A-1 02 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, o Subpart C for public agencies or OMB Circular A-110 (Uniform = Administrative Requirements for Grants and Other Agreements with LM Institutions of Higher Education, Hospitals and Other Non-Profit N Organizations); OMB Circular A-122 (Cost Principles for Non-Profit E Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations. d E r 2. Single Audit Act a RCPGP 10 Subrecipient Agreement 21 2/12 City of San Bernardino Packet Pg. 145 QIf 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 R regulation or field memos implementing the Single Audit Act, c a 3. Americans with Disabilities Act Subrecipient hereby certifies that it will comply with the Americans y with Disabilities Act 1990 ("ADA"), 42 USC §§ 12101 et sea., and its implementing regulations, including Subtitle A, Title II of the d ADA. Subrecipient will provide reasonable accommodations to c allow qualified individuals with disabilities to have access to and to a participate in its programs, services and activities in accordance 2 with the provisions of the ADA. Subrecipient will not discriminate o. against persons with disabilities nor against persons due to their a relationship to or association with a person with a disability. Any 2 contract entered into by the Subrecipient (or any subcontract Q thereof) relating to this Agreement, to the extent allowed c hereunder, shall be subject to the provisions of this paragraph. 0 Q 4. Political and Sectarian Activitv Prohibited o 0 N a. None of the funds, materials, property or services provided LL directly or indirectly under this Agreement shall be used for any r partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall not use any MQ funds provided under this Agreement be used, directly or E indirectly, to support the enactment, defeat, repeal, modification a 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 d Agreement shall be used for any sectarian purpose or to a support or benefit any sectarian activity. LO b. Concurrent with the execution of this Agreement, Subrecipient N shall submit to the City a Certification Regarding Lobbying and a LO Disclosure Form, if required, in accordance with 31 U.S.C. N 1352. A copy of the Certificate is attached hereto as Exhibit C E and incorporated herein. No funds will be released to rn Subrecipient until the Certification is filed. r C d c. Subrecipient shall file a Disclosure Form at the end of each s calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the a information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient shall require that the language of RCPGP 10 Subrecipient Agreement 22 2112 City of San Bernardino Packet Pg. 146 this Certification be included in the award documents for all sub- awards at all tiers and that all subcontractors shall certify and disclose accordingly. E 5. Records Inspection 0 0. a. At any time during normal business hours and as often as the Z City, the Federal government, the General Accounting Office, the Comptroller General of the United States, and the State of w California may deem necessary, Subrecipient shall make available for examination all of its records with respect to all d matters covered by this Agreement. Subrecipient hereby gives Q City, the Federal government, the General Accounting Office, a the Comptroller General of the United States, and the State of California, through any authorized representative, access to, c and the right to examine, audit and make excerpts or transcripts P of, all paper or electronic records, books, or documents related to the Grant Funds and all matters covered by this Agreement, v including, but not limited to all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and m other data. 0 b. Subrecipient agrees to provide any reports requested by the N City regarding performance of the Agreement. d 6. Records Maintenance d N Records, in their original form, shall be maintained in accordance E with requirements prescribed by the City and CalEMA/Grantor with respect to all matters covered on file for all documents specified in V this Agreement. Original forms are to be maintained on file for all R 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. a "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The City may, at its discretion, N take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall N at all times be retained within the County of Los Angeles unless E 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. E E U A 7. Subcontracts and Procurement a RCPGP 10 Subrecipient Agreement 23 2/12 City of San Bernardino Packet Pg. 147 ® 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 B agreements, consultant service contracts and construction c subcontracts. a` Subrecipient shall ensure that the terms of this Agreement with the City are incorporated into all subcontract agreements. Subrecipient N shall submit all Subcontractor Agreements to the City for review prior to the release of anv funds to the subcontractor. Subrecipient d shall withhold funds to any subcontractor agency that fails to a comply with the terms and conditions of this Agreement and their a` respective subcontract agreement. s 8. Labor Y N A a. Subrecipient shall comply, as may be applicable, with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728- 4763) relating to prescribed standards for merit systems for = programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System o Personnel Administration (5 CFR 900, Subpart F). N r � r b. Subrecipient shall comply, as may be applicable, with the r 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 y Contract Work Hours and Safety Standards Act (40 U.S.C. E §§327-333), regarding labor standards for federally-assisted a construction subagreements, and the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328), which limit the political activities R of employees whose principal employment activities are funded in whole or in part with Federal funds. a c. Subrecipient shall comply, as may be applicable, with the LO Federal Fair Labor Standards Act (29 U.S.C. § 201) regarding N wages and hours of employment. LO d. None of the funds shall be used to promote or deter union/labor E organizing activities in accordance with California Government Code §16645 et seq, R C 9. Civil Rights E E v Subrecipient shall comply, as applicable, with all Federal statutes a 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- RCPGP 10 Subrecipient Agreement 24 2/12 City of San Bernardino PacketPg.148; Q 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) B Section 504 of the Rehabilitation Act of 1973, as amended (29 c U.S.C. §794), which prohibits discrimination on the basis of a` 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 N (P.L. 92-255), as amended, relating to nondiscrimination on the = basis of drug abuse; (f) the Comprehensive Alcohol Abuse and d Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 a (P.L. 91-616) as amended, relating to nondiscrimination on the a basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the U Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 c ee 3), as amended, relating to confidentiality of alcohol and drug y 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- v discrimination in the sale, rental or financing of housing; (i) Title 44 M Code of Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination; Q) 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 LL nondiscrimination statutes which may apply to this Grant; (n) the L nondiscrimination requirements and all other provisions of the current edition of the OJP Financial and Administrative Guide for Mo Grants, M7100.1; and (o) P.L. 93-348 regarding the protection of •9 human subjects involved in research, development, and related a activities supported by this award of assistance. c In the event that a Federal or State court or Federal or State d administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national a origin, gender or disability against Subrecipient or any of its subgrantees, contractors or subcontractors being funded with Grant N Funds, the Subrecipient will forward a copy of the finding to the City and the Office of Civil Rights, Office of Justice Programs. E Subrecipient shall comply, and ensure that its subgrantees and m contractors complies, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as E amended, 42 USC 3789(d), or the Juvenile Justice and L Delinquency Prevention Act, or the Victims of the Crime Act, as appropriate. a i v RCPGP 10 Subrecipient Agreement 25 2/12 City of San Bernardino Packet Pg. 149' If applicable, Subrecipient shall provide an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights within 60 days of this Grant award. E 10. Environmental m 0 a a. Subrecipient shall comply, or has already complied, with the c cc requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 y (42 U.S.C. §4601 et seq. [P.L. 91-646]) which provide for fair and equitable treatment of persons displaced or whose property v is acquired as a result of Federal or Federally-assisted c programs. These requirements apply to all interests in real a property acquired for project purposes regardless of Federal participation in purchases. Subrecipient shall also comply with :E 0. Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-assisted programs. A b. Subrecipient shall comply with, and provide any information `s requested by DHS/FEMA/CalEMA to ensure compliance with, Q the following laws: (a) institution of environmental quality control o measures under the National Environmental Policy Act of 1969 N (P.L. 91-190) and Executive Orders (EO) 11514 and 12898; (b) >. notification of violating facilities pursuant to EO 11738; (c) r protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) y assurance of project consistency with the approved State =_ management program developed under the Coastal Zone E0 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 CL of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection U of underground sources of drinking water under the Safe a Drinking Water Act of 1974, as amended (P.L. 93-523); (h) LO protection of endangered species under the Endangered N Species Act of 1973, as amended (P.L. 93205); (1) the flood insurance purchase requirements of the Flood Disaster N Protection Act of 1973 §102(a) (P.L. 93-234) which requires E recipients of Federal funds in a special flood hazard area to A participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten d thousand dollars ($10,000) or more; and (j) Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental considerations. a RCPGP 10 Subrecipient Agreement 26 2112 City of San Bernardino Packet Pg. 150 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 c placed on any project as the result of the EHP review, and any `a 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 y potential to impact the EHP resources without prior written approval of City and DHS/FEMA/CaIEMA, including, but not d limited to, communications towers, physical security o enhancements, new construction and modifications to buildings a` that are fifty (50) years old or more. Any construction related L activities initiated prior to full EHP review will result in a 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. o 0 N d. Subrecipient shall comply with the Wild and Scenic Rivers Act of LL 1968 (16 U.S.C. §§1271 et seq.) related to protecting z components or potential components of the national wild and scenic rivers system. y e. Subrecipient shall comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) a which prohibits the use of lead-based paint in construction or o rehabilitation of residence structures. c d f. Subrecipient shall comply with the Federal Water Pollution a Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the N Nation's waters. 0 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 6 Environmental Protection Agency's (EPA) List of Violating m Facilities, and it will notify the City and DHS/FEMA/CaIEMA of E the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in a the project is under consideration for listing by the EPA. RCPGP 10 Subrecipient Agreement 27 2/12 City of San Bernardino Packet g. 551 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. 0 i. Subrecipient shall comply with the Energy Policy and 5 Conservation Act (P.L. 94-163, 89 Stat. 871). r2 j. Subrecipient shall comply with applicable provisions of the d Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et seq.) which prohibits the expenditure of Q most new Federal funds within the units of the Coastal Barrier Resources System. o v 11. Preservation c W A 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 0 (identification and protection of historic properties), and the Q Archaeological and Historic Preservation Act of 1974 (16 U.S.C. o §§469a-1 et seq.). N a 12. Suspension and Debarment r Subrecipient shall comply with Federal Register, Volume 68, y Number 228, regarding Suspension and Debarment, and S Subrecipient shall submit a Certification Regarding Debarment a required by Executive Order 12549 and 12689 and any amendment thereto (attached hereto as Exhibit B and made a part hereof). 0 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, a 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 N at all tiers and that all subcontractors shall certify accordingly. E 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 E participation in Federal assistance programs under Executive Order r 12549 and 12689, "Debarment and Suspension." M a 13. Drug-Free Workplace RCPGP 10 Subrecipient Agreement 28 2112 City of San Bernardino Packet Pg.1 22 ' Subrecipient shall comply with the Federal Drug-Free Workplace Act of 1988, 41 U.S.C. §701 et. seq., 28 CFR Part 67, and the California Drug-Free Workplace Act of 1990, Government Code §§ 8350-8357. Subrecipient shall execute and submit to the City E concurrent with the execution of this Agreement the Certification `o, Regarding Drug Free Workplace Requirements attached hereto as a Exhibit D and made a part hereof. _ L 14. Faith-Based Activities W W d Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the grant a funded program. However, a Subrecipient that participates in a !� rant-funded program shall comply with the following a. 9 P 9 p Y g provisions if it 2 is deemed to be a religious or faith-based organization. a 0 L a. Subrecipient may not engage in inherently religious o activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded ii under this Contact. If Subrecipient conducts such activities, `o the activities must be offered separately, in time or location, from the programs or services funded under this Agreement, o and participation must be voluntary for the beneficiaries of N the grant-funded programs or services. LL v b. A religious or faith-based Subrecipient will retain its independence from Federal, State, and local governments, N and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, E provided that it does not use direct grant funds to support a any inherently religious activities, such as worship, religious instruction, or proselytization. c d U C. A religious or faith-based Subrecipient may use space in a their facilities to provide grant funded services, without Ln removing religious art, icons, scriptures, or other religious symbols. LO 0 d. A religious or faith-based Subrecipient retains its authority E 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 s documents. a e. A religious or faith-based Subrecipient shall not, in providing program assistance, discriminate against a program RCPGP 10 Subrecipient Agreement 29 2/12 City of San Bernardino Packet Pg.153 beneficiary or prospective program beneficiary on the basis of religion or religious belief. f. Grant funds may not be used for the acquisition, R construction, or rehabilitation of structures to the extent that c those structures are used for inherently religious activities. a g. Grant funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those N structures are used for conducting eligible activities under this Section. Where a structure is used for both eligible and d inherently religious activities, Grant funds may not exceed Q the cost of those portions of the acquisition, construction, or a rehabilitation that are attributable to eligible activities in 2 accordance with the cost accounting requirements c applicable to Grant funds herein. Sanctuaries, chapels, or ; other rooms that a Grant funded religious congregation uses 2 as its principal place of worship, however, are ineligible for Q Grant funded improvements. Disposition of real property M after the term of the grant, or any change in use of the °- property during the term of the grant, is subject to government-wide regulations governing real property dispositions. N 15. Miscellaneous a L Subrecipient shall comply, if applicable, with the Laboratory Animal y Welfare Act of 1966, as amended (P.L. 89-544, 7 U.S.C. §§2131 et S seq.), pertaining to the care, handling and treatment of warm a blooded animals held for research, teaching, or other activities o supported by these Grant Funds, and P.L. 93-348, regarding the protection of human subjects involved in research, development, d and related activities supported by this Grant award. Pursuant to a the Consolidated Appropriations Act of 2008 (P.L. 110-161) grant funds must not be used in contravention of the federal buildings o performance and reporting requirements of Executive Order No. 13123, part 3 of Title V of the National Energy Conservation Policy Ln Act (42 U.S.C. 8251 et seq.) or subtitle A of Title I of the Energy N Policy Act of 2005 (including the amendments made thereby), nor E shall Grant Funds be used in contravention of section 303 of the m Energy Policy Act of 1992 (42 U.S.C. 13212). d B. Statutes and Regulations Applicable To This Particular Grant £ L Subrecipient shall comply with all applicable requirements of state and a federal laws, executive orders, regulations, program and administrative RCPGP 10 Subrecipient Agreement 30 2112 City of San Bernardino Packet Pg. 154 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: 0 0 1. Title 28 Code of Federal Regulations (CFR) Parts 66 and 70; EO r_ 12372; Current edition of the OJP Financial Guide (M7100.1); 2 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 m Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations; DHS 08 Guidance; CalEMA 09 Supplement; DHS Information Bulletins; and o IL GMMs. s 0. 0 2. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, v Government Code Chapter 7 of Division 1 of Title 2, § 8607 et seq. and CCR Title 19, §§ 2445-2448. o d 3. Provisions of 28 CFR applicable to grants and cooperative o agreements, including Part 18, Administrative Review Procedures; N Part 20, Criminal Justice Information Systems; Part 22, LL Confidentiality of Identifiable Research and Statistical Information; d Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and w Activities; Part 35, Nondiscrimination on the Basis of Disability in S State and Local Government Services; Part 38, Equal Treatment of a Faith-based Organizations; Part 42, Nondiscrimination/Equal v employment Opportunities Policies and Procedures; Part 46, Protection of Human Research Subjects; Part 61, Procedures for d Implementing the National Environmental Policy Act; Part 63, U Floodplain Management and Wetland Protection Procedures; Part a 64, Floodplain Management and Wetland Protection Procedures, LO and Federal laws or regulations applicable to federal Assistance Programs; Part 66, Uniform Administrative Requirements for Grants Ln and Cooperative Agreements to State and Local Governments; N 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 4) Learning, Hospitals and other Non-profit Organizations; Part 83, E Government-Wide Requirements for a Drug Free Workplace (grants). a ,r. RCPGP 10 Subrecipient Agreement 31 2/12 City of San Bernardino Packet Pg. 155 Q3. Technology Requirement: a. Subrecipient shall use the latest National Information Exchange Model (NIEM) specifications and guidelines regarding the use of Extensible Markup Language (XML) for c all projects funded by this Grant. Further information about a` the required use of NIEM specifications and guidelines is available at www.niem.gov. b. For any information technology system funded by Grant Funds under this Agreement, Subrecipient shall ensure that d such project complies with 28 CFR Part 23, Criminal o Intelligence Systems Operating Policies, if such regulation is 2 determined to be applicable. 0. .2 4. In accordance with section 6 of the Hotel and Motel Fire Safety 2 Action of 1990, 15 U.S.C. §2225a, Subrecipient shall ensure that all o conference, meeting, convention, or training space funded in whole or in part with Grant Funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of s 1974, 15 U.S.C. §2225. 5. Subrecipient is required to take reasonable steps to ensure that N LEP (Limited English Proficiency) persons have meaningful access >- to its programs. Meaningful access may entail providing language L assistance services, including oral and written translation, where necessary. The grantee is encouraged to consider the need for N language services for LEP persons served or encountered both in 5 developing their proposals and budgets and in conducting their o programs and activities. a c 6. Subrecipient agrees to cooperate with the City and Grantor with d any assessments, national evaluation efforts, or information or data U collection requests, including, but not limited to, the provision of any a information required for the assessment or evaluation of any activities within their grant agreement. This includes any N assessments, audits, or investigations conducted by the Department of Homeland Security, Office of the Inspector General, N or the Government Accountability Office. Subrecipient shall provide progress reports and such other information as may be required by m the Grantor/CaIEMA. d 7. Subrecipient agrees that Grant funds utilized to establish or r enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with a r the Global Justice/Homeland Security Advisory Council (HSAC) err RCPGP 10 Subrecipient Agreement 32 2/12 City of San Bernardino Packet Pg. 156 7.J.b Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 8. Travel Expenses E m Subrecipient as provided herein shall be compensated for ° a reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Subrecipient's total travel for in-State and/or out-of- y State and per diem costs shall be included in the contract budget(s). All travel including out-of-State travel not included in the d budget(s) shall not be reimbursed without prior written authorization o from the Mayor's Office. a Subrecipient's travel and per diem reimbursement costs shall be c reimbursed in accordance with City policy, Subrecipient's policies and procedures, and federal rules and regulations regarding this Grant. M M _ 9. Noncompliance s d Subrecipient understands that failure to comply with any of the o above assurances may result in suspension, termination or N reduction of Grant Funds, and repayment by Subrecipient to City of r LL any unlawful expenditures. r §416. Federal, State and Local Taxes N 'c Federal, State and local taxes shall be the responsibility of the a Subrecipient as an independent party and not as a City employee. .o §417. Inventions, Patents and Copyrights v A. Reporting Procedure for Inventions a If any project of Subrecipient funded under this Agreement produces any N invention or discovery ("Invention") patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business N methods made in the course of work under this Agreement, Subrecipient shall report the fact and disclose the Invention promptly and fully to the rn 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 r determine whether to seek protection on the Invention. Grantor/FEMA/CaIEMA shall determine how the rights in the Invention, a including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the RCPGP 10 Subrecipient Agreement 33 2/12 City of San Bernardino Packet Pg. 157 7.J.b policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and E Agencies, dated 2/18/1983); and Executive Order 12591, 4/10187, 52 FR m 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). 5 Subrecipient hereby agrees to be bound by the Policy, will contractually require its personnel to be bound by the Policy, and will consult with H Grantor/FEMA/CaIEMA regarding allocation of any patent rights that arise from, or are purchased with, Grant Funds. B. Rights to Use Inventions a T CL City and Grantor/FEMA/CalEMA shall have an unencumbered right, and a L non-exclusive, irrevocable, royalty-free license, to use, manufacture, g- improve upon, and allow others to do so for all government purposes, any y Invention developed under this Agreement. Z U C. Copyright Policy C 0 1. Unless otherwise provided by the terms of the Grantor/FEMA or of this Agreement, when copyrightable material ("Material") is 0: developed under this Agreement, the author, the City or o 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 w unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do T) so for all government purposes, any Material developed under this E Agreement. a 2. Grantor/FEMA shall have an unencumbered right, and a non- exclusive, irrevocable, royalty-free license, to manufacture, improve d upon, reproduce, publish, or otherwise use, and authorize others to 8 use, for Federal government purposes: (a) any Material developed a under this Agreement and (b) any rights of copyright to which Ln Subrecipient purchases ownership with Grant Funds. N 3. Contractor shall comply with 24 CFR 85.34. N D. Rights to Data E A The Grantor and the City shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited E rights" means the right to use, disclose, reproduce, prepare derivative R works, distribute copies to the public, and perform and display publicly, or a permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted RCPGP 10 Subrecipient Agreement 34 2/12 City of San Bernardino Packet Pg. 158' 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 E. Obligations Binding on Subcontractors 0 0 Subrecipient shall require all its contractors and subcontractors funded by Grant Funds to comply with the obligations of this section by incorporating 2 the terms of this section into all contracts and subcontracts. N N d §418. Living Wage Ordinance R This section is not applicable to this contract, and is intentionally left blank. d a §419. Earned Income Tax Credit 2 0 Under the terms of this Agreement, Subrecipient is exempt from R compliance with the provisions of Section 10.37.4 of the Los Angeles U Administrative Code. R 0 0 §420. Equal Benefits Ordinance d 0 Under the terms of this Agreement, Subrecipient is exempt from N compliance with the provisions of Section 10.37.4 of the Los Angeles LL Administrative Code. v r v N §421.Contractor Responsibility Ordinance E 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 d Los Angeles Administrative Code. 8 a §422. Slavery Disclosure Ordinance 0 N Under the terms of this Agreement, Subrecipient is exempt from compliance with the Slavery Disclosure Ordinance, Section 10.41 of the N Los Angeles Administrative Code. E rn §423. Child Support Assignment Orders d E Under the terms of this Agreement, Subrecipient is exempt from compliance with the Child Support Assignment Orders Ordinance, Section a 10.10 of the Los Angeles Administrative Code. Subrecipient shall comply Owith California Family Code Section 5230 et seq. as applicable. RCPGP 10 Subrecipient Agreement 35 2112 City of San Bernardino Packet Pg. 159 §424. Minority, Women, and Other Business Enterprise Outreach Program In accordance with CaIEMA/Grantor directives, Subrecipient agrees that, E to the extent contractors or subcontractors are utilized, Subrecipient shall c use small, minority, women-owned, or disadvantaged business concerns a and contractors or subcontractors to the extent practicable. §425. Publications and Markings y N d C All publications created or published with funding under this Grant shall d prominently contain the following statement: "This document was a prepared under a grant from FEMA's Grant Programs Directorate, U.S. a Department of Homeland Security. Points of view or opinions expressed s in this document are those of the authors and do not necessarily represent o the official position or policies of FEMA's Grant Programs Directorate or N the U.S. Department of Homeland Security. U When practicable, any equipment purchased with Grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 0 0 N } LL d t d N .0 E v a .. CL v a N O N_ N O N r E m m c m E r m RCPGP 10 Subrecipient Agreement 36 2112 City of San Bernardino Picket Pg. 160_.' V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS E §501. Defaults 0 Should Subrecipient fail for any reason to comply with the contractual a obligations of this Agreement within the time specified by this Agreement, the City reserves the right to terminate the Agreement, reserving all rights y under state and federal law. §502. (This section intentionally left blank.) 0. §503. (This section intentionally left blank.) a v §504. (This section intentionally left blank.) o §505. Amendments R U Any change in the terms of this Agreement, including changes in the M services to be performed by Subrecipient, and any increase or decrease in °- the amount of compensationlallocation which are agreed to by the City Of and Subrecipient shall be incorporated into this Agreement by a written ° amendment properly executed and signed by the person authorized to N bind the parties thereto. W d r Subrecipient agrees to give fair and reasonable consideration to any requested compliance with all future City Directives, or any rules, amendments or requirements promulgated by the City affecting this a Agreement; provided, however, that Subrecipient shall comply with any such directives, rules, amendments or requirements if such directives, R rules, amendments or requirements directly relate to and are necessary to ensure City and/or Subrecipient compliance with applicable state and 0 federal requirements regarding the Grant Funding and its use pursuant to a this Agreement. LO 0 N O N E M 0 c d E t M R Z Q RCPGP 10 Subrecipient Agreement 37 2/12 City of San Bernardino Paeket'Pg 1 11 "-77 j.b VI ENTIRE AGREEMENT E §601. Complete Agreement cc 0 0 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. v r §602. Number of Pages and Attachments CL This Agreement is executed in two (2) duplicate originals, each of which is a` deemed to be an original. This Agreement includes thirty-nine (39) pages .2 and seven (7) Exhibits, which constitute the entire understanding and o agreement of the parties. y is U m C O d O r O N } LL d L d w N C a Q V U a 0 N_ N r O N E m m c m E t u A a RCPGP 10 Subrecipent Agreement 33 2/12 City of San Bernardino Pi6ki(pg.162 7 J.bY r 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 E CARMEN A. TRUTANICH, City Attorney m ANTONIO R. VILLARAIGOSA, Mayor o a By By c R Deputy City Attorney Antonio R. Villaraigosa, Mayor Homeland Security and w Date Public Safety, Mayor's Office a Date d `m ATTEST: v IL JUNE LAGMAY, City Clerk L CL 0 « By w Deputy City Clerk m Date o 0) m w 0 0 N LL APPROVED AS TO FORM: For: of r « L d By By c ity Attorney E Date r 2.4012- Date r A « [SEAL] d ATTEST: v a N r By N u� 0 Date E rn R City Business License Number: Internal Revenue Service ID Number: Council E File/OARS File Number: Date of Approval City Contract Number a RCPGP 10 Subrecipient Agreement 39 2/12 City of San Bernardino Packet Pg. 163= EXHIBIT A _ (Not applicable to this Agreement) E A L m 0 L a c A IL^ V N N d C d L R Q d L CL 0 r 0 0 L 0 N A M U m c 0 m 0 0 N } d t L d N C E CL V Q C A w 0 0 0 U Q N r O N_ 1A r O N w E L M R c m E L 0 R Q Packet Pg. 164 EXHIBIT B E R Loy 0 a` c m L N N CD C d L C CL d L IL U r o. 0 L Y N R « R U m c O tm d 0' O r O N LL LL d t L d N C L Q r C A C CD V U Q N r O N_ N r O N E L m R c m E z v m « « Q Packet Pg. 165 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,44 CFR Part 17,Participants'responsibilities. E 0 (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE a` COMPLETING) m 1. The prospective recipient(or subrecipient) of Federal assistance funds certifies that it or its y principals: d (a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, d sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from a` covered transactions by any Federal department or agency; 2 s a 0 (b) Have not within a three-year period preceding this Agreement been convicted of or had a y civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes c or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, m making false statements, or receiving stolen property; � 0 (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental $ entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph LL 1(b)of this certification; and r (d) Have not within a three-year period preceding this Agreement had one or more public A transactions (Federal, State, or local)terminated for cause or default. E E 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. a m v U a Ln r AGREEMENT NUMBER N N O N M E RECIPIENT/SUBRECIPIENT/CONTRACTOR/BORROWER/AGENCY V C d E NAME AND TITLE OF AUTHORIZED REPRESENTATIVE m a SIGNATURE DATE Packet''g, 166 , 7.J.b INSTRUCTIONS FOR CERTIFICATION `rrr 1. By signing and submitting this document,the prospective recipient of Federal assistance funds is providing the certification as set out below. E 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 a 0 knowingly rendered an erroneous certification,in addition to other remedies available to the Federal a 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 m which this agreement is entered,if at any time the prospective recipient of Federal assistance funds learns that v its certification was erroneous,when submitted or has become erroneous by reason of changed circumstances. m CL 4. The terms"covered transaction,""debarred," "suspended,""ineligible," "lower tier covered transaction," "participant,""person, "primary covered transaction,""principal,""proposal,"and'voluntarily excluded,"as o used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. a 0 a 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 ci 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 o transaction originated. m tr 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 N -Lower Tier Covered Transactions,"without modification,in all lower tier covered transactions and in all a solicitations for lower tier covered transactions. d s 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier m covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered n transaction,unless it knows that the certification is erroneous. A participant may decide the method and c frequency by which it determines the eligibility of its principals. Each participant may,but is not required to, E check the List of Parties Excluded from Procurement or Non-Procurement Programs.Q v c 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 d not required to exceed that which is normally possessed by a prudent person in the ordinary course of business 4 dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions,if a participant in a covered N 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 N remedies,including suspension and/or debarment. £ m c m E s U R a Packet Pg. 167 EXHIBIT C E m L o� 0 L a c ,L^ V N N d G d L m CL d L a v r o. 0 L N m r m U R c 0 .5 w 0 © o N LL d L r L d N .s E Q C m Q N V V Q N O N_ N r O N E m m c d E r V m a O Packet,P9. 168 7.J.b CERTIFICATION REGARDING LOBBYING Certification for Contracts.Grants Loans and Cooperative Agreements E The undersigned certifies, to the best of his or her knowledge and belief, that: o 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 0 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 o. Federal contract,grant,loan or cooperative agreement. a` U 2. If any funds other than Federal appropriated funds have been paid or will be paid to any o 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 w Congress in connection with this Federal contract,grant, loan, or cooperative agreement,the 0 undersigned shall complete and submit Standard Form-LLL 'Disclosure Form to Report Lobbying" in accordance with its instructions. 0 m 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 N under grants, loans, and cooperative agreements)and that all subrecipients shall certify and LL disclose accordingly. z 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 S for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. a Any person who fails to file the required certification shall be subject to a civil penalty of not a less that$10,000 and not more than$100,000 for each such failure. m a v U U AGREEMENTNUMBER a 0 N SUBRECIPIENT/CONTRACTORS ORRO WER/AGENCY 0 N E NAME AND TITLE OF AUTHORIZED REPRESENTATIVE R c W E t SIGNATURE DATE a Packet Pg. 169 EXHIBIT D E E L 0 O L a M C I� V N N d G L d A CL d L a U t O. O L N A « R U A c O d 0 0 N LL LL d t L d N C E v Q s c R « a N u u a N r O N_ K> r N N E L m m c d E r u R « a Packet Pg. 1 00 CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS (Capitalized terns herein shall have those meanings set forth in the Agreement to which this Certification _ is attached as an Exhibit) E The Contractor/Subrecipient certifies that it will or will continue to provide a drug-free workplace, in c accordance with the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et sue a ), 28 CFR Part 67; ` and the California Drug-Free Workplace Act of 1990,Government Code§§8350-8357,by: �o 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, cr d 2. Establishing an on-going drug-free awareness program to inform employees about: a. The dangers of drug abuse in the workplace; d b. The Contractor's policy of maintaining a drug-free workplace; LL c. Any available drug counseling,rehabilitation and employee assistance programs;and s v d. The penalties that may be imposed upon employees for drug abuse violations occurring in the c workplace. N R 3. Making it a requirement that each employee to be engaged in the performance of the program be given t j a copy of the statement required by paragraph 1.above. C O 4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment .m under the Grant program,the employee will: 07 a. Abide by the terms of the statement,and o b. Notify the Contractor in writing of his or her conviction for a violation of a criminal drug statute N occurring in the workplace no later than five calendar days after such conviction. } LL 5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under r subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction. d Employers of convicted employees must provide notice, including position title,to: y Department of Justice,Office of Justice Programs c ATTN: Control Desk E 633 Indiana Avenue,N.W. Q Washington,D.C. 20531 r 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph m 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, Q consistent with the requirements of the Rehabilitation Act of 1973,as amended;or U� b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation o program approved for such purposes by a Federal, State, or local health, law enforcement, or = other appropriate agency. m 0 N 7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of £ the provisions of this certification. R AGREEMENT# SUBRECIPIENT/CONTRACTOR/BORROWER/AGENCY E E O R NAME AND TITLE OF AUTHORIZED REPRESENTATIVE V SIGNATURE DATE Packet Pg. 171 EXHIBIT E E A L 0 L Q A ,Ln V N N d G 'C d L A Q N L Q v r Q 0 L Y N A R U A c O d O r O N LL d t L d N C 'O a C A 6 d U U a LO 0 N_ LO 0 O N E L m m c m E L V O Y Y a PacketPg. 172 Los Angeles/ Long Beach/Riverside Urban Area FY 2010 Regional Catastrophic Preparedness Grant Program REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT Submit all claims and supporting documentation to: , E Marcel Hovsepian, Grant Speaalist r to , Homeland Security and Public Set e ty. �. Office of Mayor Antonio R,Vtllamigos, ;7 t o 200 N. Spring Street, Room M175 Los Angeles, CA 90012 ` '��� y Phone. 213.9781965 Fax.211978 071A N `IMPORTANT'*To process your reimbursement request, you must submit this_checklist attached with the supporting documents for m ,all items requested for reimbursement. Invoices must be submitted as soon as expenses are accrued and paid, and the supporting , ecumentatlon is available Do NOT accumulate all claims and invoices and submit on the final due date_ Failure to timely submit I'll our claim with the required supporting documents could result in expenses not reimbursed and/or awards reallocated. R Q a U FOR PLANNING: PERSONNEL c O V N ❑ Reimbursement Request Form: Complete all fields and provide original authorized signature and date. m m ❑ Match Documentation Form: Include Match Activity Log if using travel as match. U� c ❑ Functional Timesheets: Official Timekeeping System Record Printout with employee name, number of hours charged per day, dates, c totals. If time is not submitted electronically, provide copy of paper timecards with employee and supervisor signatures. ami tY ❑ Payroll resister indicating the salary, hourly rate, employee benefits, overtime rate. Must be an official payroll register, not an e: document. Provide pay rate calculations if not dearly stated. G N } LL FOR PLANNING:CONTRACTOR AND CONSULTING TING SERVIC c d t d ❑ Reimbursement Request Form:Complete all fields and provide original authorized signature and date. An C ❑ Invoice: Must be stamped'PAID', signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receipt E items requesting reimbursement. Each item circled must have project#,a funding SOURCE,and TOTAL 'o Q ❑ Proof of Payment:Copy of canceled check and/or internal accounts payable record. c m ❑ Schedule of Deliverables Q. ar ❑ Final End Product: Planning deliverable in hard copy u Q m ADDITIONAL ITEMS o N Travel:Consult www.asa.sov for 0 ❑ L� approved per diem rates. Provide detailed personal expense statement with supervisor signature. o N r-1 Conferences!Workshops:Invoices and proof of payment for instructor,facilities,etc m m Y C Submitted By: Signature: Date. E r v m z Q Packet Pg. 173 CITY OF LOS ANGELES REGIONAL CATASTROPHIC PREPAREDNESS GRANTPROGRAM REIMBURSEMENT REQUEST FORM Return Expenditure Requests to: _ Nick Szamet,Grant Specialist Jurisdiction: E Mayors Office of Homeland Security and Public Safety 200 N.Sprang St.,Room#M178 Agency/Department: o Los Angeles,CA 90012 a Fax:213.978.0718 Expenditure Period: to c A Project Letter: Prepared By: RCPGP FY07 ❑ Master Item#: Phone No.: H d RCPGP FY08 ❑ Sub-Line#: please mark this box to indicate RCPGP fV09 final request for reimbursement❑ � A Type of Expenditure Authorized Previously Current Cumulative CL Total Amount Requested Request Re uest Balance d n Planning Costs Organizational Activities r Management&Admin � t :° Total c 0 0) w 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 N is for cost incurred within the Grant Performance Period.Also, all supporting documentation related to >- these expenditures will be retained in accordance with grant guidelines. LL m t Authorized Department Approval: Please Remit Payment to: N Prim Name Agency C E Title Address Q Signature Date City State Zip R Phone No.(extension) Fax No. Contract No, V V E-mail Address Q N To be completed by HSPS Accounting Department c N DHS70ES Reimbursement Request By: Transaction ID: Date: 0 N DHS/OES Reimbursement Received: Cash Receipt No. JV No. E Transfer to Depart Date: JV No. m Invoice No. Y C HSPS#: d E 0 v ds Q Packet Pg.174 V EXHIBIT F E L m 0 L CL c m L N N d C d L A 6 d L a u z CL 0 L « N t9 m U O m O (lvJ'1 N } LL O L L N N C E Q C R 6 d O O Q t0 r O N_ N O N Y E L m m Y C d E r O R « « Q MATCH DOCUMENTATION FORM tests used to verify the match requirements for the RCPGP Federal Grant and must be accompanied by the Reimbursement R(iouest Form.Reimbursement Checklist, authorized onglnal slonature.Source documentation for all costs should be on glewith the sub-grantee amil be readily available upon request. Gen era l Information: The exact match amount required for your award,and the categories it applies to,are Included in the language of your contract. Although the total match required for an award is not due until the end of the performance period,demonstration of how your jurisdiction/agency is meeting match requirements must be Included with each reimbursement request. Any match expenses which E $0.00 will be ongoing in nature,such as Salaries&Benefits,should be described below In the"Ongoing Match Costs"section of this form. $0.00 NOTE:Failure to adequately document how the total required match was met for this federal grant award may result In the M $0.00 return of federal funds. O a` ONGOING MATCH COSTS ts(e�i'�imbursegt6nt�,motrntJg noy being meC at time;please provide an eplanaQon othYhernatgp vSglbefrfaPby the end of the performance period_ r�o U N .fiag Source wltlirfpn-YetldweF nif3'tlurin the erformanrie enod which wllllba usad as tYie match W in ding Source � Salaries ONLY )cal, C ai,state, Period Costs will Cost Type(salaries, a Salary 8 Related M private) be Incurred a ui merit,G&S Description of Costs Estimated Value Name Job Title Benefits Project R $ C d $ CL $ U $ L $ Q Total: $ 0 N MATCH COSTSINCURREC€` m SALARY/BENEFITSIOVERTI l l U @ 'e names of all individuals,their job titles and activities relatedta aaz�niplia ing contract deliverables. Overtime documentatinp mustirfClgd9 the activity performed or C Activity Job Title Pay Period Salary Benefits Overtime Total S $ $ $ $ $ $ $ N TOTAL S - $ $ $ >_ U. CONSULTANT/CONTRACTOR FEES N t st include names of the agency/company as well as the dates and activities related to accomplishing contract deliverables /try including dates Cost Related Project in C 13 Q C TOTAL $ ra 6 d) U U Q U1 O N O N E rn m c N E s v m Q Packet Fig. 176 GOODS&&SERVICES 7.�.t) etion of the item or service. If the item or service was purq}e''s6a ift support of a spedfic training courselexerciselplanning activity.fden$iyit:A gCtlehal description at gill not be accepted',(o.g„"WMD exercise),1f general office supplies were purchased.that designation is acceptable. me/Vendor Date Amount Related Project S Total $ TRAVEL&PER DIEM --- rtty performed or the event attended. A general description of the training course/exerciselplarrnl ill aalNtywill not be accepted.(e.g., VVMD exercise:'). Travel for m on or state for planning meetings can be identified as Regional Planning activities All travel costs mustcomply with local travel regulations and per diem rates. Activity Date Amount Related Project o a $ c $ CO TOTAL $ N EQUIPMENT N w support of the protect,da G`Gfz Cep and YBfa�d or aC elrverables W Purchase Contract Relatetl - "s"�' ` '� ^ ;,. d Amount Received Date Project $ N a $ - U TOTAL S t C O N Co By my signature below,I certify that the match documented in this form is from non-federal sources and is not being used U to match any other federal grant program costs. R C O Signature Date of 0 Name(please print). c N Title: } LL N L d N C_ E V Q a G R O. N U U Q N CD O N_ N r O N E m R c m E t U N a Packet Pg. 177 FY 2009 RRCPGP Match Activity Log iA4 ltre:.�y Activities Event Hrly Rate Location Travel Tavel Mileage Event Hours Time Mileage Time Value Value Match E 2 S $ - $ - o $ $ $ a s $ $ $ $ $ $ $ $ (7 $ $ $ y $ $ $ d $ $ $ c $ $ $ m S $ $ o $ $ $ d s $ $ a` $ $ $ v $ $ $ a $ $ $ o $ $ $ a $ $ $ U $ - $ - $ - $ $ $ c $ $ $ o $ $ - S - .lit $ $ $ d $ K $ _ $ 0 _ $ - $ _ $ c $ $ $ N $ $ $ LL $ $ $ y $ $ $ - r $ $ $ L $ $ $ N $ $ $ An $ $ $ $ E$ $ E $ $ $ Q $ $ $ v C 0 W $ $ - $ - Q t Statistics(OES)Job Title if applicable a)) :ade(SOC)if Applicable Q N r 0 N_ N r O N E m C C m E t U A Y a Packet Pg.,178 ` EXHIBIT G E R 0 0 a c m t7 N N d C d A a n. r 0 0 « N m U m c 0 0) m 0 CD 0 N } N L d Vi C E Q C R « Q d U u Q n 0 N N r O N E I rn m c w E L U R Q Packet Pg. 179 APPENDIX A ALLOWABLE COSTS LIST E 0, Allowable Planning Costs a • Public Education and Outreach c� • Development of materials in alternate formats and languages y d • Develop and implement homeland security support programs and adopt ongoing d DHS National Initiatives a • Develop and enhance plans and protocols a • Develop or conduct assessments a 0 • Establish, enhance, or evaluate Citizen Corps related volunteer programs y • Hiring of full-time, part-time, or contract planners or consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling R traditional public safety duties) 0 • Conferences to facilitate planning activities 0 • Materials required to conduct planning activities N • Travel/per diem related to planning activities LL d • Overtime and backfill costs for planners (IAW operational Cost Guidance) • Validation of RCPGP plans developed in FY 2008 and FY 2009 grant cycles, including tabletop exercises • Training costs specifically related to plans a 0 • Project management software and project management software training expenses v • Other project areas with prior approval from FEMA 4 N Allowable Organizational Activities N • Hiring or use of full- or part-time staff or contractors for organizational planning o activities N E Allowable Management and Administration Costs • Hiring of full- or part-time staff or contractors/consultants to assist with the d management of the respective grant program, application requirements, r compliance with reporting and data collection requirements R • Development of operating plans for information collection and processing a necessary to respond to FEMA data calls 44 Packet Pg. 180 • Overtime and backfill costs • Travel • Meeting related expenses E L • Authorized office equipment c a • 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 d performance of the grant program o Q L R Allowable Equipment d a • Critical emergency supplies (shelf-stable foods, water, basic medical supplies) 2 L G O L w N O w R U m c 0 CD m 0 0 N } LL d L L d N C E v Q c m C. d U U Q H T C4 N N O N E L m m c d E r v m Q 45 Packet Pg.181