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Home My WebLink About2014-270 1 RESOLUTION NO. 2014-270 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT 3 NUMBER ONE TO THE FY 2010 REGIONAL CATASTROPHIC PREPAREDNESS 4 GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CITY OF LOS ANGELES. 5 6 WHEREAS, on October 1, 2012, the Mayor and Common Council adopted 7 Resolution No. 2012-245 authorizing the City Manager to execute an agreement with the 8 City of Los Angeles for the purpose of accepting and administering the FY 2010 Regional 9 Catastrophic Preparedness Grant Program. 10 WHEREAS, the City of Los Angeles and the City of San Bernardino wish to amend 11 12 the agreement to recognize the modifications to the FY 2010 Regional Catastrophic 13 Preparedness Grant Program time of performance and payment of grant funds. 14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 15 CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The City Manager is hereby authorized and directed to execute on 17 behalf of the City an Amendment Number One to the Agreement between the City of San 18 19 Bernardino and City of Los Angeles a copy of which is attached hereto, marked as Exhibit 20 "A", and incorporated herein by this reference as fully set forth at length. 21 SECTION 2. That pursuant to this determination the Director of Administrative 22 Services or his designee is hereby authorized and directed to modify grant revenue account 23 number 123-200-0048-0919 for a new total amount not to exceed $33,223.23, which shall 24 25 reference this Resolution and shall incorporate the terms and conditions of the agreement. 26 27 28 2014-270 1 SECTION 3. The authorization to execute the above referenced Amendment to the 2 Agreement is rescinded if the parties to the Agreement fail to execute within one hundred 3 twenty (120) days of this passage of this resolution. 4 /// 5 6 /// 7 III 8 /// 9 III 10 /// 11 /// 12 13 /// 14 111 15 /// 16 /// 17 /// 18 19 /// 20 /// 21 iii 22 /// 23 /// 24 /// 25 26 /// 27 /// 28 /// 2014-270 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT 2 NUMBER ONE TO THE FY 2010 REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO 3 AND THE CITY OF LOS ANGELES. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting 7 8 thereof, held on the 2lstday of July , 2014, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 BARRIOS x 12 13 VALDIVIA x 14 SHORETT x 15 NICKEL x 16 JOHNSON x 17 MULVIHILL x 18 / 19 `/-� �' • / t�c� 20 George Hanna, C Clerk 21 The foregoing resolution is hereby approved this a 9'11Iday of July , 2014. 22 A 1 23 R.Carey Dav':, Mayor 24 City of San a ernardino 25 Approved as to form: 26 Gary D. Saenz, City Attorney 27 Bye Yf '62)._(' 28 2014-270 FIRST AMENDMENT TO CONTRACT NUMBER C-121485 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF SAN BERNARDINO THIS FIRST AMENDMENT ("First Amendment") to Contract Number C-121485 is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City"), and the City of San Bernardino, a municipal corporation (the "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the City and the Subrecipient entered into that certain City of Los Angeles Contract Number C-121485 (the "Agreement") related to the Fiscal Year ("FY") 2010 Regional Catastrophic Preparedness Grant Program Grant ("RCPGP 10" or the "Grant"), whereby the City agreed to distribute RCPGP 10 Grant Funds to the Subrecipient in accordance with the RCPGP 10 budget and the Subrecipient agreed to enhance regional catastrophic preparedness and continuity of operations efforts, with the aim of strengthening the Los Angeles/Long Beach/Riverside Urban Area ("LA/LB/R UA") against risks associated with catastrophic events, such Agreement having a term of August 1, 2010 through March 31, 2013; and WHEREAS, on or about December 6, 2011 and November 20, 2012, the Los Angeles City Council authorized the execution of said Agreement between the City and Subrecipient, with a term of August 1, 2010 through March 31, 2013 and an allocation of RCPGP 10 grant funds to the Subrecipient in the amount of Two Hundred Three- Thousand Seven Hundred Fourteen Dollars ($203,714.00), and a required contribution of non-Federal Match (as such term is defined in the Agreement) funds under the Agreement of Seventy-One Thousand Four Hundred Seventy-Nine Dollars ($71,479.00) (C.F. #10-1954); and WHEREAS, on or about February 8, 2013, the California Emergency Management Agency ("CaIEMA") extended the performance period deadline for all RCPGP 10 projects to June 30, 2013 (the "First Grant Extension"), such First Grant Extension having been authorized on behalf of the City under Section 14.8 of the Los Angeles Administrative Code ("Section 14.8"); and WHEREAS, on or about April 12, 2013, CaIEMA extended the performance period deadline for all RCPGP 10 projects to September 30, 2013 (the "Second Grant Extension"), such Second Grant Extension having been authorized on behalf of the City under Section 14.8; and First Amendment, RCPGP 10 1 8/13 City of Los Angeles and City of San Bernardino 2014-270 WHEREAS, on or about July 12, 2013, CaIEMA approved a reallocation of RCPGP 10 funds such that Subrecipient's RCPGP 10 funding was decreased in the amount of One Hundred Seventy Thousand Four Hundred Ninety Dollars and Seventy- Seven Cents ($170,490.77), such amount being reallocated to the American Red Cross of Greater Los Angeles (ARC) to fund planning and training for (i) a Vulnerable Communities Assessment; and (ii) Emergency Management Department (EMD) Critical Incident Planning and Training Alliance (the "Alliance") personnel (collectively, the "Planning Modification"), resulting in a total allocated amount of RCPGP 10 funds to Subrecipient of Thirty-Three Thousand Two Hundred Twenty-Three Thousand Dollars and Twenty-Three Cents ($33,223.23) and a required contribution of non-Federal Match funds of Eleven Thousand Six Hundred Fifty-Seven Dollars ($11,657.00), such Planning Modification having been authorized by Los Angeles City Council (C.F. #13-0798-S1, August 27, 2013); and WHEREAS, Section 505 of the Agreement provides for amendments to the Agreement; and WHEREAS, the City, through its Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office"), and the Subrecipient each desire to enter into this First Amendment for the purpose of amending and/or modifying the Agreement to (a) decrease Subrecipient's allocation of RCPGP 10 funds as set forth in the Agreement to reflect the Planning Modification, (b) extend the term of the Agreement to September 30, 2013 in accordance with the First and Second Grant Extensions, and (c) make any such other changes as are required in connection with the foregoing, all as detailed elsewhere in this First Amendment and as authorized by the Los Angeles City Council (C.F. #13-0798-S1, August 27, 2013) and Section 14.8; and WHEREAS, this First Amendment is necessary and proper to continue and/or complete certain activities authorized under the Agreement; NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that the Agreement be amended effective March 30, 2013 as follows: 1. Section 201 of the Agreement entitled "Time of Performance" is hereby amended in its entirety to read as stated within the quotation marks in the following paragraph: "The term of this Agreement shall be from August 1 , 2010 to September 30, 2013 (the "Term"); provided, however, that any and all expenditures made by Subrecipient shall be reimbursed by Subrecipient's allocation of Grant Funds pursuant to this Agreement only if such expenditures were made no later than 60 days prior to the end of the Term of this Agreement (the "Expenditure Deadline"). Any and all expenditures made by Subrecipient after the Expenditure Deadline shall not be reimbursed under this Agreement unless, prior to such expenditure, the Mayor's Office, in its sole discretion, has approved in writing the making of such expenditure after the Expenditure Deadline. Subrecipient shall cooperate with any First Amendment, RCPGP 10 2 8/13 City of Los Angeles and City of San Bernardino 2014-270 necessary close out activities in connection with its use of the Grant Funds. Said Term is subject to the provisions herein." 2. Paragraph A of Section 301 of the Agreement entitled "Payment of Grant Funds and Method of Payment" is hereby amended in its entirety to read as stated within the quotation marks in the following 2 paragraphs: "The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of Thirty-Three Thousand Two Hundred Twenty-Three Thousand Dollars and Twenty-Three Cents ($33,223.23) to be used solely for items listed in the Budget and as described in §202 above. The disbursement shall be on a reimbursement basis only. Subrecipient shall maintain procedures to minimize the time elapsing between the award of Grant Funds and the disbursement of such funds. Subrecipient shall contribute its non-Federal funds Match (as previously defined) requirement to its project contemplated by this Agreement and the Budget, in accordance with 44 CFR 13.24, the DHS 10 Guidance, and the CaIEMA 10 Supplement. Subrecipient's Match requirement is Eleven Thousand Six Hundred Fifty-Seven Dollars ($11,657.00)." The foregoing amendment decreases Subrecipient's original allocation of RCPGP 10 grant funds and the required non-Federal funds Match under the Agreement to reflect the Planning Modification. The Budget (as such term is defined in the Agreement) shall be amended accordingly to reflect such modifications and Subrecipient's use of grant funds in connection thereto. 3. Except as herein amended, all terms and conditions of the Agreement shall remain unchanged and in full force and effect by way of this First Amendment. 4. This First Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This First Amendment includes four (4) pages which constitute the entire understanding and agreement of the parties hereto in connection with the matters set forth herein. First Amendment, RCPGP 10 3 8/13 City of Los Angeles and City of San Bernardino 2014-270 IN WITNESS WHEREOF,the City and Subrecipient have caused this First Amendment to be executed by their duly authorized representatives. APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES MICHAEL N. FEUER, City Attorney ERIC GARCETTI, Mayor By By Deputy City Attorney Eric Garcetti, Mayor Date Homeland Security and Public Safety, Mayor's Office ATTEST: Date HOLLY L.WOLCOTT, Interim City Clerk By Interim City Clerk Date APPROVED AS TO FORM: For: The City of San Bernardino, r a municipal corporation By ,l Q._IACa L C L r yep City Attorney By Date Date ATTEST: By [SEAL] City Clerk Date City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: 10-1954 Date of Approval: December 6, 2013 City Contract Number: C-121798 First Amendment, RCPGP 10 4 8/13 City of Los Angeles and City of San Bernardino 2014-270 FIRST AMENDMENT TO CONTRACT NUMBER C-121485 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF SAN BERNARDINO THIS FIRST AMENDMENT ("First Amendment") to Contract Number C-121485 is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City"), and the City of San Bernardino, a municipal corporation (the "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the City and the Subrecipient entered into that certain City of Los Angeles Contract Number C-121485 (the "Agreement") related to the Fiscal Year ("FY") 2010 Regional Catastrophic Preparedness Grant Program Grant ("RCPGP 10" or the "Grant"), whereby the City agreed to distribute RCPGP 10 Grant Funds to the Subrecipient in accordance with the RCPGP 10 budget and the Subrecipient agreed to enhance regional catastrophic preparedness and continuity of operations efforts, with the aim of strengthening the Los Angeles/Long Beach/Riverside Urban Area ("LA/LB/R UA") against risks associated with catastrophic events, such Agreement having a term of August 1, 2010 through March 31, 2013; and WHEREAS, on or about December 6, 2011 and November 20, 2012, the Los Angeles City Council authorized the execution of said Agreement between the City and Subrecipient, with a term of August 1, 2010 through March 31, 2013 and an allocation of RCPGP 10 grant funds to the Subrecipient in the amount of Two Hundred Three- Thousand Seven Hundred Fourteen Dollars ($203,714.00), and a required contribution of non-Federal Match (as such term is defined in the Agreement) funds under the Agreement of Seventy-One Thousand Four Hundred Seventy-Nine Dollars ($71,479.00) (C.F. #10-1954); and WHEREAS, on or about February 8, 2013, the California Emergency Management Agency ("CaIEMA") extended the performance period deadline for all RCPGP 10 projects to June 30, 2013 (the "First Grant Extension"), such First Grant Extension having been authorized on behalf of the City under Section 14.8 of the Los Angeles Administrative Code ("Section 14.8"); and WHEREAS, on or about April 12, 2013, CaIEMA extended the performance period deadline for all RCPGP 10 projects to September 30, 2013 (the "Second Grant Extension"), such Second Grant Extension having been authorized on behalf of the City under Section 14.8; and First Amendment, RCPGP 10 1 8/13 City of Los Angeles and City of San Bernardino 2014-270 WHEREAS, on or about July 12, 2013, CalEMA approved a reallocation of RCPGP 10 funds such that Subrecipient's RCPGP 10 funding was decreased in the amount of One Hundred Seventy Thousand Four Hundred Ninety Dollars and Seventy- Seven Cents ($170,490.77), such amount being reallocated to the American Red Cross of Greater Los Angeles (ARC) to fund planning and training for (i) a Vulnerable Communities Assessment; and (ii) Emergency Management Department (EMD) Critical Incident Planning and Training Alliance (the "Alliance") personnel (collectively, the "Planning Modification"), resulting in a total allocated amount of RCPGP 10 funds to Subrecipient of Thirty-Three Thousand Two Hundred Twenty-Three Thousand Dollars and Twenty-Three Cents ($33,223.23) and a required contribution of non-Federal Match funds of Eleven Thousand Six Hundred Fifty-Seven Dollars ($11,657.00), such Planning Modification having been authorized by Los Angeles City Council (C.F. #13-0798-S1, August 27, 2013); and WHEREAS, Section 505 of the Agreement provides for amendments to the Agreement; and WHEREAS, the City, through its Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office"), and the Subrecipient each desire to enter into this First Amendment for the purpose of amending and/or modifying the Agreement to (a) decrease Subrecipient's allocation of RCPGP 10 funds as set forth in the Agreement to reflect the Planning Modification, (b) extend the term of the Agreement to September 30, 2013 in accordance with the First and Second Grant Extensions, and (c) make any such other changes as are required in connection with the foregoing, all as detailed elsewhere in this First Amendment and as authorized by the Los Angeles City Council (C.F. #13-0798-S1, August 27, 2013) and Section 14.8; and WHEREAS, this First Amendment is necessary and proper to continue and/or complete certain activities authorized under the Agreement; NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that the Agreement be amended effective March 30, 2013 as follows: 1. Section 201 of the Agreement entitled "Time of Performance" is hereby amended in its entirety to read as stated within the quotation marks in the following paragraph: "The term of this Agreement shall be from August 1, 2010 to September 30, 2013 (the "Term"); provided, however, that any and all expenditures made by Subrecipient shall be reimbursed by Subrecipient's allocation of Grant Funds pursuant to this Agreement only if such expenditures were made no later than 60 days prior to the end of the Term of this Agreement (the "Expenditure Deadline"). Any and all expenditures made by Subrecipient after the Expenditure Deadline shall not be reimbursed under this Agreement unless, prior to such expenditure, the Mayor's Office, in its sole discretion, has approved in writing the making of such expenditure after the Expenditure Deadline. Subrecipient shall cooperate with any First Amendment, RCPGP 10 2 8/13 City of Los Angeles and City of San Bernardino 2014-270 necessary close out activities in connection with its use of the Grant Funds. Said Term is subject to the provisions herein." 2. Paragraph A of Section 301 of the Agreement entitled "Payment of Grant Funds and Method of Payment" is hereby amended in its entirety to read as stated within the quotation marks in the following 2 paragraphs: "The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of Thirty-Three Thousand Two Hundred Twenty-Three Thousand Dollars and Twenty-Three Cents ($33,223.23) to be used solely for items listed in the Budget and as described in §202 above. The disbursement shall be on a reimbursement basis only. Subrecipient shall maintain procedures to minimize the time elapsing between the award of Grant Funds and the disbursement of such funds. Subrecipient shall contribute its non-Federal funds Match (as previously defined) requirement to its project contemplated by this Agreement and the Budget, in accordance with 44 CFR 13.24, the DHS 10 Guidance, and the CalEMA 10 Supplement. Subrecipient's Match requirement is Eleven Thousand Six Hundred Fifty-Seven Dollars ($11,657.00)." The foregoing amendment decreases Subrecipient's original allocation of RCPGP 10 grant funds and the required non-Federal funds Match under the Agreement to reflect the Planning Modification. The Budget (as such term is defined in the Agreement) shall be amended accordingly to reflect such modifications and Subrecipient's use of grant funds in connection thereto. 3. Except as herein amended, all terms and conditions of the Agreement shall remain unchanged and in full force and effect by way of this First Amendment. 4. This First Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This First Amendment includes four (4) pages which constitute the entire understanding and agreement of the parties hereto in connection with the matters set forth herein. First Amendment, RCPGP 10 3 8/13 City of Los Angeles and City of San Bernardino 2014-270 IN WITNESS WHEREOF,the City and Subrecipient have caused this First Amendment to be executed by their duly authorized representatives. APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES MICHAEL N. FEUER, City Attorney ERIC GARCETTI, Mayor By By Deputy City A or y�� '� Eric Garcetti, Mayor Date Homeland Security and Public Safet y, Mayor's Office ATTEST: [[[ I Date Q //// ///Lf HOLLY L. WOLCOTT,, arM-rity Clerk By Int ri City Clerk Date �r81 APPROVED AS TO FORM: For: The City of San Bernardino, a municipal corporation By B ep City Attorney ; Date Allen J. Parker �29City Manager D ATTEST: By City Clerk [SEAL] Date City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: 10-1954 Date of Approval: December 6. 2013 City Contract Number:-6:-' C- First Amendment, RCPGP 10 4 8/13 City of Los Angeles and City of San Bernardino