HomeMy WebLinkAbout05.L- Fire 5.L
RESOLUTION (ID #3335) DOC ID: 3335 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Grant
From: Paul Drasil M/CC Meeting Date: 07/21/2014
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
Execution of Amendment Number One to the FY 2010 Regional Catastrophic Preparedness
Grant Program Agreement Between the City of San Bernardino and the City of Los Angeles.
(#3335)
Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no cost to the General Fund for amending the FY 2010 Regional Catastrophic
Preparedness Grant Program agreement. The amendment to the grant is to recognize the
modifications to the grant period of performance and funding allocation.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
10/01/12 Resolution#2012-245 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.
01/09/12 Resolution#2012-11 authorizing the City of San Bernardino to enter into an
agreement with the City of Los Angeles for the purpose of accepting and
administering the FY 2009 Regional Catastrophic Preparedness Grant
Program.
12/13/11 Grants Ad Hoc Committee-Item recommended for approval.
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:
On October 1, 2012, the Fire Department and Police Department requested approval to
participate with the City of Los Angeles in the FY 2010 Regional Catastrophic Preparedness
Updated: 7/15/2014 by Georgeann"Gigi"Hanna A Packet Pg. 249
3335
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 accepted the FY 2010 RCPGP, from the
Department of Homeland Security. Funding was allocated to Fire and Police Department in the
amount of $203,714 and had an in-kind match of $71,478 for personnel expenditures from
August 1, 2010 to March 31,2013.
On July 12, 2013, the California Emergency Management Agency approved a reallocation of the
2010 RCPGP funds and the City's funds were decreased in the amount of$170,490.77. The
funding was reallocated to the American Red Cross of Greater Los Angeles and this action was
authorized by the Los Angeles City Council on August 27, 2013. Therefore, the City's new
funding allocation is $33,223.23 with a required match of$11,657.
During the period of performance of the grant, the City had limited staff availability to manage
and participate in the grant objectives and the City expensed $33,223.23. The Finance
Department staff submitted for the grant reimbursement and received payment in November
2013.
Therefore,the City of Los Angeles is requesting that the 2010 RCPGP agreement be amended
(Exhibit B). The amendment to the agreement is to modify the funding to the City and the
period of performance extended from March 30,2013 to September 30,2013. Amendment
Number One, amends Section 201 of the Agreement entitled"Time of Performance" and
Paragraph A of Section 301 of the Agreement entitled"Payment of Grant Funds and Method of
Payment" (Exhibit A). All other terms and conditions of the agreement remain unchanged.
City Attorney Review:
Supporting Documents:
reso 3335 (PDF)
agrmt 3335 (PDF)
2010 RCPGP Amendment-Exhibit B Original Agreement (PDF)
Updated: 7/15/2014 by Georgeann"Gigi" Hanna A Packet Pg. 250
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1 RESOLUTION NO.
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 o
4 GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO a
AND THE CITY OF LOS ANGELES. L
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WHEREAS, on October 1, 2012, the Mayor and Common Council adopted
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7 Resolution No. 2012-245 authorizing the City Manager to execute an agreement with the Q
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8 City of Los Angeles for the purpose of accepting and administering the FY 2010 Regional a'
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9 Catastrophic Preparedness Grant Program.
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WHEREAS, the City of Los Angeles and the City of San Bernardino wish to amend 6
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the agreement to recognize the modifications to the FY 2010 Regional Catastrophic 2�
13 Preparedness Grant Program time of performance and payment of grant funds. o
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14 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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15 CITY OF SAN BERNARDINO AS FOLLOWS: r
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16 SECTION 1. The City Manager is hereby authorized and directed to execute on o
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behalf of the City an Amendment Number One to the Agreement between the City of San
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19 Bernardino and City of Los Angeles a copy of which is attached hereto, marked as Exhibit
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20 "A", and incorporated herein by this reference as fully set forth at length.
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21 SECTION 2. That pursuant to this determination the Director of Administrative a
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22 Services or his designee is hereby authorized and directed to modify grant revenue account
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number 123-200-0048-0919 for a new total amount not to exceed $33,223.23, which shall M
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25 reference this Resolution and shall incorporate the terms and conditions of the agreement. w
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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
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3 twenty (120) days of this passage of this resolution. a
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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 a�
3 AND THE CITY OF LOS ANGELES.
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5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and N
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6 Common Council of the City of San Bernardino at a meeting d
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thereof, held on the day of , 2014,by the following vote, to wit: a
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9 Council Members: AYES NAYS ABSTAIN ABSENT o
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14 SHORETT
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20 Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of , 2014. Q
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23 R.Carey Davis, Mayor Cl)
24 City of San Bernardino N
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25 Approved as to form:
26 Gary D. Saenz, City Attorney E
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By:-
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FIRST AMENDMENT TO CONTRACT NUMBER C-121485 OF
CITY OF LOS ANGELES CONTRACT
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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 a
"Subgrantee" or "Subrecipient"). a
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WITNESSETH o
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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") V
2010 Regional Catastrophic Preparedness Grant Program Grant ("RCPGP 10" or the
"Grant"), whereby the City agreed to distribute RCPGP 10 Grant Funds to the a�
Subrecipient in accordance with the RCPGP 10 budget and the Subrecipient agreed to
enhance regional catastrophic preparedness and continuity of operations efforts, with o
the aim of strengthening the Los Angeles/Long Beach/Riverside Urban Area ("LA/LB/R N
UA") against risks associated with catastrophic events, such Agreement having a term LL
of August 1, 2010 through March 31, 2013; and
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WHEREAS, on or about December 6, 2011 and November 20, 2012, the Los O d
Angeles City Council authorized the execution of said Agreement between the City and o
Subrecipient, with a term of August 1, 2010 through March 31, 2013 and an allocation of d
RCPGP 10 grant funds to the Subrecipient in the amount of Two Hundred Three- E
Thousand Seven Hundred Fourteen Dollars ($203,714.00), and a required contribution Z
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) Q
(C.F. #10-1954); and
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WHEREAS, on or about February 8, 2013, the California Emergency a
Management Agency ("CaIEMA") extended the performance period deadline for all M
RCPGP 10 projects to June 30, 2013 (the "First Grant Extension"), such First Grant M
Extension having been authorized on behalf of the City under Section 14.8 of the Los
Angeles Administrative Code ("Section 14.8"); and M
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WHEREAS, on or about April 12, 2013, CaIEMA extended the performance E
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 E
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First Amendment, RCPGP 10 1 8/13
City of Los Angeles and City of San Bernardino
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WHEREAS, on or about July 12, 2413, CaIEMA approved a reallocation of
RCPGP 10 funds such that Subrecipient's RCPGP 10 funding was decreased in the E
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 o
of Greater Los Angeles (ARC) to fund planning and training for (i) a Vulnerable 0.
Communities Assessment; and (ii) Emergency Management Department (EMD) Critical L
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, a
August 27, 2013); and 2
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 0
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 o
Agreement to reflect the Planning Modification, (b) extend the term of the Agreement to N
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 o
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;
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NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that Z
the Agreement be amended effective March 30, 2013 as follows:
1. Section 201 of the Agreement entitled `Time of Performance" is hereby W
amended in its entirety to read as stated within the quotation marks in the Q
following paragraph: LO
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"The term of this Agreement shall be from August 1, 2010 to September
30, 2013 (the "Term"); provided, however, that any and all expenditures M
made by Subrecipient shall be reimbursed by Subrecipient's allocation of M
Grant Funds pursuant to this Agreement only if such expenditures were E
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 2
after the Expenditure Deadline. Subrecipient shall cooperate with any a
First Amendment, RCPGP 10 2 8/13
City of Los Angeles and City of San Bernardino
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necessary close out activities in connection with its use of the Grant
Funds. Said Term is subject to the provisions herein." E
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2. Paragraph A of Section 301 of the Agreement entitled "Payment of Grant o
Funds and Method of Payment" is hereby amended in its entirety to read °-
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as stated within the quotation marks in the following 2 paragraphs: o
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"The City of Los Angeles shall disburse to Subrecipient its allocated Grant N
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 a
shall be on a reimbursement basis only. Subrecipient shall maintain a
procedures to minimize the time elapsing between the award of Grant
Funds and the disbursement of such funds. a
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Subrecipient shall contribute its non-Federal funds Match (as previously
defined) requirement to its project contemplated by this Agreement and v
the Budget, in accordance with 44 CFR 13.24, the DHS 10 Guidance, and
the CalEMA 10 Supplement. Subrecipient's Match requirement is Eleven o
Thousand Six Hundred Fifty-Seven Dollars ($11,657.00)."
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The foregoing amendment decreases Subrecipient's original allocation of o
RCPGP 10 grant funds and the required non-Federal funds Match under }
the Agreement to reflect the Planning Modification. The Budget (as such U_
term is defined in the Agreement) shall be amended accordingly to reflect
such modifications and Subrecipient's use of grant funds in connection o
thereto. 0
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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 E
Amendment. Z
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4. This First Amendment may be executed in one or more counterparts, each E
of which will be deemed an original, but all of which together will constitute C
one and the same instrument. This First Amendment includes four (4) E
pages which constitute the entire understanding and agreement of the a
parties hereto in connection with the matters set forth herein. M
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First Amendment, RCPGP 10 3 8/13
City of Los Angeles and City of San Bernardino
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IN WITNESS WHEREOF,the City and Subrecipient have caused this First Amendment to be
executed by their duly authorized representatives. E
APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES c
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MICHAEL N. FEUER, City Attorney ERIC GARCETTI, Mayor
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By By N
Deputy City Attorney
Eric Garcetti, Mayor
Date Homeland Security and L
Public Safety, Mayor's Office C
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ATTEST: Date
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HOLLY L.WOLCOTT, Interim City Clerk L
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Interim City Clerk
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APPROVED AS TO FORM: For: The City of San Bernardino, L
a municipal corporation o
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ATTEST: E
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City Business License Number:
Internal Revenue Service ID Number: L
Council File/OARS File Number: 10-1954 Date of Approval: December 6, 2013
City Contract Number:C-121798
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First Amendment, RCPGP 10 4 8/13
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SUBRECIPIENT AGREEMENT
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Contractor: City of San Bernardino
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Title: FY 2010 Regional Catastrophic Preparedness Grant Program
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SUBRECIPIENT AGREEMENT
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Contractor: City of San Bernardino E
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Title: FY 2010 Regional Catastrophic Preparedness Grant Program
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TABLE OF CONTENTS
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Section P
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INTRODUCTION o
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§101. Parties to the Agreement ....................................................................7 0
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103. Independent Part .................................................
§104. Conditions Precedent to Execution of This Agreement.......................8
II. �
TERMS AND SERVICES TO BE PROVIDED o
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§201. Time of Performance............. .....10
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§202. Use of Grant Funds...........................................................................10 z
III. E
PAYMENT
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§301. Payment of Grant Funds and Method of Payment............................13 a
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STANDARD PROVISIONS
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§401. Construction of Provisions and Titles Herein ....................................15 d
§402. Applicable Law, Interpretation and Enforcement...............................15
§403. Integrated Agreement .......................................................................15
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§404. Excusable Delays .............................................................................16 c
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§405. Breach.......................................... L
§406. Prohibition Against Assignment or Delegation ..................................16 0 m
§407. Permits..............................................................................................16
§408. Nondiscrimination and Affirmative Action..........................................17
§409. Los Angeles City Business Tax Registration Certificate....................18 w
§410. Bonds................................................................................................18
§411. Indemnification..................................................................................18 E
§412. Conflict of Interest.............................................................................19
§413. Insurance..........................................................................................21
§414. Restriction on Disclosures.................................................................21 <
§416. Federal, State and Local Taxes ........................................................33 a
§417. Inventions, Patents and Copyrights ..................................................33
§418. Living Wage Ordinance.....................................................................35 0
§419. Earned Income Tax Credit ...............••••..........•....••...•• 35 N
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§420. Equal Benefits Ordinance .................................................................35
`" §421. Contractor Responsibility Ordinance .................................................35
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RCPGP 10 Subrecipient Agreement 2 2/12
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TABLE OF CONTENTS Q
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Section Page t0
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§422. Slavery Disclosure Ordinance...........................................................35
§423. Child Support Assignment Orders.....................................................35 0
§424. Minority, Women and Other Business Enterprise Outreach Program
....36
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§425. Publications and Markings ................................................................3 0
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DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS
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§501. Defaults.............................................................................................37 0
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§502. (This section intentionally left blank.) . ..............37 L
§503. (This section intentionally left blank.) ................................................37
§504. (This section intentional) left blank.) ................................................37
§505. Amendments.....................................................................................37
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VI.
ENTIRE AGREEMENT
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§601. Complete Agreement............... .............. 38
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§602. Number of Pages and Attachments ..................................................38 M
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Execution (Signature) Page
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CL 0 EXHIBITS
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Exhibit A Insurance (Not applicable to this Agreement)
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Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
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Exhibit C Certification Regarding Lobbying
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Exhibit D Certification Regarding Drug Free Workplace Requirements
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Exhibit E Reimbursement Checklist and Request Forms
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Exhibit F Match Activity Log and Documentation Forms
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Exhibit G Appendix A: Allowable Costs List Z
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AGREEMENT NUMBER OF CITY CONTRACTS 0
BETWEEN a
THE CITY OF LOS ANGELES
AND THE CITY OF SAN BERNARDINO
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THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made o
and entered into by and between the City of Los Angeles, a municipal o
" and the City of San Bernardino, a municipal corporation N
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corporation (the City, ), UL
" or "Subreci recipient").the Subg
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WITNESSETH =
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WHEREAS, the U.S. Department of Homeland Security ("DHS" or E
"Grantor"), through the Office of Grants and Training ("G&T") has provided Z
financial assistance to the Los Angeles/ Long Beach/Riverside Urban Area
("LA/LB/R UX) through the Fiscal Year ("FY") 2010 Regional Catastrophic E
Preparedness Grant Program ("RCPGP" or the "Grant") in the amount of Three =
Million Five Hundred Seventy Thousand Dollars ($3,570,000) ("Grant Funds"), E
such Grant Funds having been accepted by the City Council (C.F. #10-1954, a
December 6, 2011); and M
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WHEREAS, this financial assistance is overseen by the California d
Emergency Management Agency ("CalEMA") and administered by the City as
the administrative and fiscal agent for the Grant funds allocated to the LA/LB/R a
UA; and
WHEREAS, this financial assistance is provided to enhance regional
catastrophic preparedness and continuity of operations efforts, with the aim of
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strengthening the LA/LB/R UA against risks associated with catastrophic events;
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WHEREAS, the City has designated its Office of the Mayor, Office of
Homeland Security and Public Safety ("Mayor's Office") to provide for the proper E
monitoring and administration of the Grant and this Agreement; and
WHEREAS, the City now wishes to distribute the Grant funds allocated to a
the Subrecipient in accordance with the provisions of this Agreement and the City a
and the Subrecipient are each desirous of executing this Agreement, such L)
execution having been authorized by the City Council and the Mayor (C.F. #10- o
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1954, December 6, 2011). N
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NOW, THEREFORE, in consideration of the mutual covenants set forth o
herein and the mutual benefits to be derived therefrom, the City and the r
Subrecipient (each a "Party" and collectively, the "Parties") agree as follows:
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INTRODUCTION
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§101. Parties to the Agreement
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The Parties to this Agreement are:
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A. The City of Los Angeles, a municipal corporation, having its principal office N
at 200 North Spring Street, Los Angeles, California 90012; and
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B. The City of San Bernardino, a municipal corporation, having its principal 0
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office at 300 N. "D" Street, San Bernardino, California, 92418.
102. Representatives of the Parties and Service of Notices
iv the respective parties who areauthorized
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A. The representatives of pec p s to 3
administer this Agreement and to whom formal notices, demands and Z
communications shall be 9 iven are as follows: a�
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1. The representative of the City of Los Angeles shall be, unless d
otherwise stated in this Agreement: E
Eileen Decker Deputy Y u tY Ma or M
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Office of the Mayor
Homeland Security and Public Safety
200 N. Spring Street, Room 303 E
Los Angeles, CA 90012
Phone: (213) 978-0787 a
Fax: (213) 978-0718
Eileen.Decker @lacity.org
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2. The representative of City of San Bernardino of shall be: 0
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Andrea Travis-Miller, Interim City Manager °
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300 N. "D" Street, 6th Floor
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San Bernardino, CA 92418
Phone: (909) 384-5122
Fax: (909) 384-5138
Travis-Milier—An@sbcity.org Q
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with a copy to: a.
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Don Feser, Emergency Services Manager
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San Bernandino Fire Department °
200 East 3rd Street
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San Bernandino, CA 92410
Phone: (909) 384-5115
Fax: (909) 384-5281 C
Feser_Do @sbcity.org
B. Formal notices, demands and communications to be given hereunder by o
either party shall be made in writing and may be effected by personal >-
delivery or by registered or certified mail, postage prepaid, return receipt
requested and shall be deemed communicated as of the date of mailing.
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C. If the name of the person designated to receive the notices, demands or o
communications or the address of such person is changed, written notice
shall be given, in accord with this section, within five (5) business days of
said change. Z
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§103. independent Party E
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 a
be, an employee of the City by virtue of this Agreement, and Subrecipient LO
shall so inform each employee organization and each employee who is co
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. d
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§104. Conditions Precedent to Execution of This Agreement a
Subrecipient shall provide copies of the following documents to the City,
unless otherwise exempted: o
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A. This Section is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as w
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. E
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C. Certifications and Disclosures Regarding Lobbying in accordance with E
§415.A.4 of this Agreement and attached hereto as Exhibit C and made a a
part hereof. Subrecipient shall also file a Disclosure Form at the end of a
each calendar quarter in which there occurs any event requiring disclosure U
or which materially affects the accuracy of the information contained in C
any Disclosure Form previously filed by Subrecipient. N
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D. Certification Regarding Drug Free Workplace Requirements in accordance
with §415.A.13 of this Agreement and attached hereto as Exhibit D and °
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made a part hereof.
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RCPGP 10 Subrecipient Agreement 9 2/12 Q
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TERM AND SERVICES TO BE PROVIDED
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§201. Time of Performance
The term of this Agreement shall be from August 1, 2010 to March 31, o
2013 (the "Term"); provided, however, that any and all expenditures made N
by Subrecipient shall be reimbursed by Subrecipient's allocation of ran
Funds pursuant to this Agreement only if such expenditures were made no s
later than 60 days prior to the end of the Term of this Agreement (the o
"Expenditure Deadline"). Any and all expenditures made by Subrecipient
after the Expenditure Deadline shall not be reimbursed under this o
Agreement unless, prior to such expenditure, the Mayor's Office, in its sole
roved in writing fter E
discretion, has app 9 the making of such expenditure a
the Expenditure Deadline. Subrecipient shall cooperate with any z
necessary close out activities in connection with its use of the Grant
Funds. Said Term is subject to the provisions herein. E
§202. Use of Grant Funds <
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.... A. Subrecipient's allocations and use of funds under this Grant shall comply M
and be in accordance with, and subject to, the guidance, regulations and M
requirements set forth in the following: (1) DHS Fiscal Year 2010 =
Regional Catastrophic Preparedness Grant Program Guidance and
Application Kit ("DHS 10 Guidance"), (2) DHS Information Bulletins, (3)
CaIEMA's Fiscal Year 2010 Regional Catastrophic Preparedness Grant a
Program California Supplement to Federal Program Guidance and
Application Kit ("CaIEMA 10 Supplement"), (4) CaIEMA Grant ;P
Management Memos ("GMM"), (5) the current editions of the Office of o
Justice Programs ("OJP") Financial Guide and the DHS Financial m
Management Guide, (6) DHS/FEMA's Grants Management Common Rule
as codified in Title 44 Code of Federal Regulations (CFR) Part 13, and (7) w
this Agreement. Subrecipient shall use the Grant Funds allocated to it to
support the goals and objectives of the Grant as set forth by the Grantor
and CaIEMA as well as the investments and projects identified in the E
Investment Justifications for the Grant, which were submitted as part of
the California FY 2010 Regional Catastrophic Preparedness Grant Q
Program application. Further, use of the Grant Funds is limited to those a
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investments and projects included in such Investment Justifications 0.
submitted to DHS/FEMA/CalEMA and evaluated through the peer review
process. Subrecipient shall comply with any cost sharing requirements
and commitments included in such FY 2010 Investment Justifications, w
where applicable, and all fund matching requirements applicable to the
Subrecipient. Subrecipient agrees that that Grant Funds will be used to E
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supplement existing funds for program activities, and will not supplant a
(replace) non-Federal funds.
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Subrecipient hereby certifies that it has the legal authority to apply for the
financial assistance given through the Grant and has the institutional,
managerial and financial capability to ensure proper planning, o
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 o
between programs (State Homeland Security Program, Urban Area
Security Initiative, Citizen Corps Program, and Metropolitan Medical L
Response System) or fiscal years. Subrecipient shall comply with the o
provisions of 2 CFR 215.25 and notify City and CalEMA of any r
developments that have a significant impact on Grant Fund supported o
activities of Subrecipient, including changes to key program staff.
Subrecipient shall cooperate with any assessments, national evaluation .0
efforts, or information or data collection requests, including, but not limited z
to, the provision of any information required for the assessment or
evaluation of any activities contemplated by this Agreement. Subrecipient
shall not be delinquent in the repayment of any Federal debt (OMB
Circular A-129). E
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B. Subrecipient and the City have previously completed a mutually approved M
Budget/Expenditure Plan, dated December 6, 2011 (the "Budget"). The M
Budget contains detailed listings of items and projects for expenditure
under the terms of this Agreement. The Grant requires a cash or in-kind
contribution of non-Federal funds by Subrecipient in accordance with the
Grant program requirements (the "Match"). Accordingly, the Budget also a
sets forth the required Match amount to be contributed by Subrecipient
pursuant to the terms of the Grant. Subrecipient shall use the funds
disbursed under this Agreement only for such items as set forth in the L
Budget. Any request by Subrecipient to modify the Budget must be made
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in writing and must be approved in writing by the Parties during the term of
this Agreement. All modification requests must be in a form and manner
as approved by the City and must be approved in writing by the City w
during the term of this Agreement to be effective. The City will notify the
Subrecipient in writing if modification requests are inaccurate and/or E
incomplete. Inaccurate and/or incomplete modification requests shall be c
returned to the Subrecipient for revision and shall be accepted by the City E
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when modification requests are accurate and complete. Subrecipient shall a
not expend any Grant Funds on modified budget items until such a.
modification is approved by the City and CaIEMA/Grantor. Final
modification requests must be submitted to the City no later than 60 days o
prior to the end of the applicable Grant performance period deadline to N
provide the City time to meet CaIEMA/Grantor requirements.
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C. Subrecipient shall complete implementation plans, including applicable a
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 U
and reports shall be in the form requested by the City, and shall be
provided in a timely manner. The completion of each milestone and
deliverable referenced in the implementation plans is subject to the prior
review and written approval of the City. Subrecipent shall update the o
implementation plans quarterly, if necessary, and provide such updates to N
the City in order to monitor and evaluate Subrecipient's performance. >-
Subrecipient shall provide to the City and CaIEMA any progress reports
and other information as may be required by CaIEMA. o
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D. Subrecipient shall initiate and complete work on a project within the o
applicable time frame after receipt of approval for such project from
CaIEMA. CalEMA may grant extensions to the time of performance for a
project on a project-by-project basis at its sole discretion. Any request by
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Subrecipient to extend the time of performance for a project must be made
in writing to the Mayor's Office. All extension requests must be approved
by CaIEMA in writing during the term of this Agreement to be effective.
Project extension requests must be submitted to the City no later than 120
days before the end of the applicable project time of performance. The a
City will notify the Subrecipient in writing if project extension requests are M
inaccurate and/or incomplete. Inaccurate and/or incomplete project M
extension requests shall be returned to the Subrecipient for revision and
shall be accepted by the City when project extension requests are W
accurate and complete.
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E. Any and all projects/activities/items undertaken by Subrecipient as set a
forth in the Budget and to be reimbursed by Grant Funds under this
Agreement shall be authorized, subject to, and in compliance with the .�
CalEMA 10 Supplement, GMMs, DHS Information Bulletins, and DHS 10 0
Guidance, which includes Appendix A: Allowable Costs List (attached
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hereto as Exhibit G and made a part hereof). x
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F. Subrecipient agrees that any equipment acquired or obtained with Grant
Funds (1) will be made available pursuant to applicable terms of the
California Disaster and Civil Defense Master Mutual Aid Agreement in
consultation with representatives of the various fire, emergency medical,
hazardous materials response services, and law enforcement agencies a
within the jurisdiction of the LA/LB/R UA, and deployed with personnel c�
trained in the use of such equipment in a manner consistent with the
California Law Enforcement Mutual Aid Plan or the California Fire o
Services and Rescue Mutual Aid Plan, and (2) shall be consistent with N
needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
RCPGP 10 Subrecipient Agreement 12
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PAYMENT
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§301. Payment of Grant Funds and Method of Payment
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A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant 0,
amount of Two Hundred Three Thousand Seven Hundred Fourteen
Dollars ($203,714.00) to be used solely for items listed in the Budget and o
as described in §202 above. The disbursement shall be on a N
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 o
defined) requirement to its project contemplated by this Agreement and
the Budget, in accordance with 44 CFR 13.24, the DHS 10 Guidance, and E
the CalEMA 10 Supplement. Subrecipient's Match requirement is z
Seventy-One Thousand Four Hundred Seventy-Nine Dollars ($71.479.00).
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B. Subrecipient shall prepare, maintain and provide to the City invoices
requesting payment as well as purchase orders, proof of delivery, proof of �E
payment and payroll records, timesheets, receipts and any other LO
supporting documentation necessary to fully and accurately describe the M
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 E
requirements. Such documentation shall be prepared at the sole expense L
and responsibility of the Subrecipient, and the City will not reimburse the a
Subrecipient for any costs incurred for such preparation. The City may
request, in writing, changes to the content and format of such rn
documentation at any time, and the City reserves the right to request o
additional supporting documentation to substantiate costs incurred at any m
time.
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Reimbursement requests must be submitted to the City on a monthly w
basis, accompanied by supporting documentation as set forth above along
with a properly completed Reimbursement Checklist and Request Form
(attached as Exhibit E hereto and incorporated herein) and Match Activity
Log and Documentation Form (attached as Exhibit F hereto and Q
incorporated herein) accurately setting forth the amount of Match funds o.
contributed by the Subrecipient for such month. Final reimbursement a.
requests for the grant period must be submitted to the City on or before
thirty-one (31) of days prior to the expiration of the Term of this o
Agreement. The City will notify Subrecipient in writing if reimbursement N
requests and Match documentation forms are inaccurate and/or =
IL incomplete. Inaccurate and/or incomplete reimbursement requests and
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Match documentation forms shall be returned to Subrecipient for revision a
and shall be accepted by the City when such forms are accurate and
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complete. 2
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The Grantor seeks to encourage Regional Projects, where two or more
jurisdictions or Urban Areas join together on a given project for the o
common good of the region. For regional project reimbursements,
Subrecipient must include approval from the lead agency on that specific o
project for all submitted invoices. N
C. Subrecipient must account separately for all interest income earned from
the Grant Funds. In accordance with OJP financial guidelines and 44 CFR
Part 13, interest earned on Grant Funds must be reported and returned to °
the City. Subrecipient will maintain records of and account for any interest o
earned on Grant Funds. Subrecipient shall promptly return to the City all L
Grant Funds received which exceed the approved, actual expenditures as
accepted by CalEMA and Grantor. In the event the amount of the Grant Z
Funds allocated to Subrecipient is reduced, the reimbursement applicable
to the amount of such reduction will be promptly refunded to the City to be
returned to CalEMA and Grantor.
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D. It is understood that the City makes no commitment to fund this a
Agreement beyond the terms set forth herein. M
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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. d
The Agreement may be terminated immediately upon written notice to E
Subrecipient of a loss or reduction of federal grant funds.
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RCPGP 10 Subrecipient Agreement 14 2112 Q
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IV. °
STANDARD PROVISIONS o
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§401. Construction of Provisions and Titles Herein 0
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All titles or subtitles or headings in this Agreement have been inserted for
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convenience and shall not be deemed to affect the meaning or N
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 o
Agreement includes the party or parties identified in this Agreement. The
singular shall include the plural. If there is more than one Subrecipient o
herein, unless expressly stated otherwise, their obligations and liabilities
hereunder shall be joint and several. Use of the feminine, masculine, or E
neuter genders shall be deemed to include the genders not used. Z
§402. Applicable Law Interpretation and Enforcement E
Each party's performance hereunder shall comply with all applicable laws E
of the United States of America, the State of California, and the City, a
including but not limited to, laws regarding health and safety, labor and M
employment, wage and hours and licensing laws which affect employees. M
This Agreement shall be enforced and interpreted under the laws of the
State of California and the City without regard to conflict of law principles.
Subrecipient shall comply with new, amended, or revised laws, regulations
and/or procedures that apply to the performance of this Agreement. a
In any action arising out of this Agreement, Subrecipient consents to
personal jurisdiction, and agrees to bring all such actions, exclusively in o
state or federal courts located in Los Angeles County, California. m
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If any part, term or provision of this Agreement shall be held void, illegal, x
unenforceable, or in conflict with any law of a federal, state or local w
government having jurisdiction over this Agreement, the validity of the
remaining parts, terms or provisions of this Agreement shall not be E
affected thereby.
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§403. Integrated Agreement a.
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This Agreement sets forth all of the rights and duties of the parties with
respect to the subject matter hereof, and replaces any and all previous
agreements or understandings, whether written or oral, relating thereto. N
This Agreement may be amended only as provided for in §505.
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§404. Excusable Delays
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In the event that performance on the part of any party hereto shall be r
delayed or suspended as a result of circumstances beyond the reasonable
control and without the fault and negligence of said party, none of the
parties shall incur any liability to the other parties as a result of such delay g
or suspension. Circumstances deemed to be beyond the control of the
parties hereunder shall include, but not be limited to, acts of God or of the a
public enemy; insurrection; acts of the Federal Government or any unit of N
State or Local Government in either sovereign or contractual capacity; LL
fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes
or delays in transportation; to the extent that they are not caused by the o
party's willful or negligent acts or omissions and to the extent that they are
beyond the party's reasonable control. o
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§405. Breach E
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Except for excusable delays, as described in §404, if any party fails to
perform, in whole or in part, any promise, covenant, or agreement set forth E
herein, or should any representation made by it be untrue, any aggrieved C
party may avail itself of all rights and remedies, at law or equity, in the a
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, M
suffer a penalty or forfeiture, or be unjustly compensated.
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§406. Prohibition Against Assignment or Delegation E
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The Subrecipient may not, unless it has first obtained the written a
permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the o
right to payment; or m
B. Delegate, subcontract, or otherwise transfer any of its duties under this x
Agreement. w
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§407. Permits
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The Subrecipient and its directors, officers, agents, employees, a
contractors and subcontractors, to the extent allowed hereunder, shall a.
obtain and maintain all licenses, permits, certifications and other OL
documents necessary for the Subrecipient's performance hereunder and W
shall pay any fees required therefore. The Subrecipient certifies to 0
immediately notify the City of any suspension, termination, lapses, N
non-renewals or restrictions of licenses, permits, certificates or other
documents. E
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§408. Nondiscrimination and Affirmative Action
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A. Unless otherwise exempt, this Agreement is subject to the non-
discrimination provisions of Section 10.8 through 10.8.2 of the Los
Angeles Administrative Code, as amended from time to time. The 0
Subrecipient shall comply with the applicable nondiscrimination and
affirmative action provisions of the laws of the United States of America, o
the State of California, and the City. In performing this Agreement, the N
Subrecipient shall not discriminate in its employment practices against any LL
employee or applicant for employment because of such person's race,
religion, national origin, ancestry, sex, sexual orientation, age, physical .�
handicap, mental disability, marital status, domestic partner status, or 2
medical condition. The Subrecipient shall comply with Executive Order o
11246, entitled "Equal Employment Opportunity", as amended by
Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CFR Part 60). Any subcontract entered into by z
Subrecipient, to the extent allowed hereunder, shall include a like
provision for work to be performed under this Agreement. E
Failure of Subrecipient to comply with this requirement or to obtain the E
compliance of its contractors and subcontractors with such obligations a
shall subject Subrecipient to the imposition of any and all sanctions M
allowed by law, including but not limited to termination of this Agreement. M
B. The Subrecipient shall comply with the provisions of the Los Angeles
Administrative Code Sections 10.8 through 10.13, to the extent applicable
hereto. If this Agreement contains a consideration in excess of$1,000 but a
not more than $100,000, the Equal Employment practices provisions of
this Agreement shall be the mandatory contract provisions set forth in Los
Angeles Administrative Code Section 10.8.3, in which event said o
provisions are incorporated herein by this reference. If this Agreement m
contains a consideration in excess of$100,000, the Affirmative Action
Program of this Agreement shall be the mandatory contract provisions set x
forth in Los Angeles Administrative Code Section 10.8.4, in which event w
said provisions are incorporated herein by this reference. The
Subrecipient shall also comply with all rules, regulations, and policies of E
the City's Board of Public Works, Office of Contract Compliance relating to
nondiscrimination and affirmative action, including the filing of all forms E
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required by City. a.
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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. N
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§409. Los Angeles City Business Tax Re gistration Certificate o
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Under the terms of this Agreement, the City's Business Tax Ordinance
(Article 1, Chapter 2, Sections 21.00 and following, of the Los Angeles
Municipal Code) is not applicable.
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§410. Bonds W
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Duplicate copies of all bonds, which may be required hereunder, shall N
conform to City requirements established by charter, ordinance or policy �
and all federal requirements regarding the use of Grant Funds and shall r
be filed with the Office of the City Administrative Officer, Risk o
Management for its review in accordance with Los Angeles Administrative W
Code Sections 11.47 through 11.56.
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§411. Indemnification 3
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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 .E
California imposing certain tort liability jointly upon public entities, solely by
reason of such entities being parties to an Agreement as defined by a
Section 895 of said Code, the parties hereto, as between themselves,
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pursuant to the authorization contained in Section 895.4 and 895.6 of said M
Code, will each assume the full liability imposed upon it or upon any of its
officers, agents, or employees by law, for injury caused by a negligent or
wrongful act or omission occurring in the performance of this Agreement, E
to the same extent that such liability would be imposed in the absence of
Section 895.2 of said Code. To achieve the above-stated purpose, each a
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 o
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herein.
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A. Pursuant to Government Code Section 895.4 and 895.6, the parties w
shall each assume the full liability imposed upon it, or any of its
officers, agents or employees, by law for injury caused by any
negligent or wrongful act or omission occurring in the performance
of this Agreement. E
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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 o
joint civil liability upon public entities solely by reason of such o
entities being parties to an agreement, as defined by Government r
Code section 895.
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RCPGP 10 Subrecipient Agreement 18
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C. In the event of third-party loss caused by negligence, wrongful act o
or omission by both Parties, each party shall bear financial Y
responsibility in proportion to its percentage of fault as may be
mutually agreed or judicially determined. The provisions of Civil U
Code Section 2778 regarding interpretation of indemnity
agreements are hereby incorporated 0
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§412. Conflict of Interest o
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A. Subrecipient shall establish safeguards to prohibit employees from using
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their positions for a purpose that constitutes, or presents the appearance
of, personal or organizational conflict of interest, or personal gain for o
themselves or others, particularly those with whom they have family, _
business, or other ties. Subrecipient covenants that none of its directors, o
officers, employees, or agents shall participate in selecting, or
administrating any subcontract supported (in whole or in part) by Federal
funds where such person is a director, officer, employee or agent of the Z
subcontractor; or where the selection of subcontractors is or has the
appearance of being motivated by a desire for personal gain for E
themselves or others such as family business, etc.; or where such person
knows or should have known that: E
C rl1. A member of such person's immediate family, or domestic M
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artner or organization has a financial interest in the
subcontract;
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2. The subcontractor is someone with whom such person has
or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code T
§87100 et seq. if such person were a public officer, because o
such person would have a "financial or other interest" in the m
subcontract. s
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B. Definitions: w
1. The term "immediate family" includes but is not limited to E
domestic partner and/or those persons related by blood or
marriage, such as husband, wife, father, mother, brother, E
sister, son, daughter, father in law, mother in law, brother in n¢.
law, sister in law, son in law, daughter in law. a
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2. The term "financial or other interest" includes but is not o
limited to:
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a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
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proceeds, prospect of a promotion or of future o
employment, a profit, or any other form of financial
reward.
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b. Any of the following interests in the subcontractor M
ownership: partnership interest or other beneficial o
interest of five percent or more; ownership of five
percent or more of the stock; employment in a o
managerial capacity; or membership on the board of N
directors or governing body.
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C. (This section intentionally left blank.) r
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D. The Subrecipient further covenants that no officer, director, employee, or
agent shall solicit or accept gratuities, favors, anything of monetary value E
from any actual or potential subcontractor, supplier, a party to a sub z
agreement, (or persons who are otherwise in a position to benefit from the
actions of any officer, employee, or agent). E
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E. The Subrecipient shall not subcontract with a former director, officer, or E
employee within a one year period following the termination of the a
relationship between said person and the Subrecipient. M
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F. Prior to obtaining the City's approval of any subcontract, the Subrecipient
shall disclose to the City any relationship, financial or otherwise, direct or
indirect, of the Subrecipient or any of its officers, directors or employees or
their immediate family with the proposed subcontractor and its officers, a
directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and o
laws of the City of Los Angeles, State of California, and Federal m
regulations regarding conflict of interest_
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H. The Subrecipient warrants that it has not paid or given and will not pay or w
give to any third person any money or other consideration for obtaining
this Agreement.
I. The Subrecipient covenants that no member, officer or employee of E
Subrecipient shall have interest, direct or indirect, in any contract or a
subcontract or the proceeds thereof for work to be performed in a
connection with this project during his/her tenure as such employee,
member or officer or for one year thereafter. o
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J. The Subrecipient shall incorporate the foregoing subsections of this
Section into every agreement that it enters into in connection with this
RCPGP 10 Subrecipient Agreement 20 2/12 a
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project and shall substitute the term "subcontractor" for the term o
"Contractor" and "sub subcontractor" for "Subcontractor". N
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§413. Insurance
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This section is not applicable to this Agreement, and is intentionally left a�
blank.
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§414. Restriction on Disclosures N
Any reports, analysis, studies, drawings, information, or data generated as =
a result of this Agreement are to be governed by the California Public o
Records Act (California Government Code Sec. 6250 et seq.).
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§415. Compliance with State and Federal Statutes and Regulations CD
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A. Statutes and Regulations Applicable To All Grant Contracts z
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Subrecipient shall comply with all applicable requirements of state, E
federal, County and City of Los Angeles laws, executive orders,
regulations, program and administrative requirements, policies and any E
other requirements governing this Agreement. Subrecipient shall comply
with state and federal laws and regulations pertaining to labor, wages, M
hours, and other conditions of employment. Subrecipient shall comply
with new, amended, or revised laws, regulations, and/or procedures that
apply to the performance of this Agreement. These requirements include, E
but are not limited to:
1. Office of Management and Budget (OMB) Circulars
Subrecipient shall comply with OMB Circulars, as applicable: OMB 0
Circular A-21 (Cost Principles for Educational Institutions); OMB 0°
Circular A-87 (Cost Principles for State, Local, and Indian Tribal :E
Governments); OMB Circular A-102 (Grants and Cooperative w
Agreements with State and Local Governments); Common Rule,
Subpart C for public agencies or OMB Circular A-110 (Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations); OMB Circular A-122 (Cost Principles for Non-Profit a
Organizations); OMB Circular A-133 (Audits of States, Local 0
Governments, and Non-Profit Organizations.
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2. Single Audit Act
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If Federal funds are used in the performance of this Agreement,
Subrecipient shall adhere to the rules and regulations of the Single °
Audit Act, 31 USC Sec. 7501 et se q.; City Ci Council action dated
February 4, 1987 (C.F. No. 84-2259-S1); and any administrative
regulation or field memos implementing the Single Audit Act.
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3. Americans with Disabilities Act
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Subrecipient hereby certifies that it will comply with the Americans N
with Disabilities Act 1990 ("ADA"), 42 USC §§ 12101 et seq., and
its implementing regulations, including Subtitle A, Title II of the
ADA. Subrecipient will provide reasonable accommodations to 0
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance o
with the provisions of the ADA. Subrecipient will not discriminate
against persons with disabilities nor against persons due to their E
relationship to or association with a person with a disability. Any z
contract entered into by the Subrecipient (or any subcontract
thereof), relating to this Agreement, to the extent allowed E
hereunder, shall be subject to the provisions of this paragraph.
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4. Political and Sectarian Activity Prohibited a
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a. None of the funds, materials, property or services provided M
directly or indirectly under this Agreement shall be used for any
partisan political activity, or to further the election or defeat of
any candidate for public office. Subrecipient shall not use any
funds provided under this Agreement be used, directly or a
indirectly, to support the enactment, defeat, repeal, modification @
or adoption of any law, regulation, pending legislation, pending S
regulation, or policy (pending or otherwise), at any level of o
government. None of the funds provided pursuant to this m
Agreement shall be used for any sectarian purpose or to
support or benefit any sectarian activity. x
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b. Concurrent with the execution of this Agreement, Subrecipient
shall submit to the City a Certification Regarding Lobbying and a E
Disclosure Form, if required, in accordance with 31 U.S.C.
1352. A copy of the Certificate is attached hereto as Exhibit C E
and incorporated herein. No funds will be released to a
Subrecipient until the Certification is filed. c_
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C. Subrecipient shall file a Disclosure Form at the end of each o
calendar quarter in which there occurs any event requiring N
disclosure or which materially affects the accuracy of any of the
information contained in any Disclosure Form previously filed by
Subrecipient. Subrecipient shall require that the language of
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this Certification be included in the award documents for all sub-
awards at all tiers and that all subcontractors shall certify and °
disclose accordingly.
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5. Records Inspection
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a. At any time during normal business hours and as often as the
City, the Federal government, the General Accounting Office, o
the Comptroller General of the United States, and the State of N
California may deem necessary, Subrecipient shall make
available for examination all of its records with respect to all
matters covered by this Agreement. Subrecipient hereby gives
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and the State of
California, through any authorized representative, access to,
and the right to examine, audit and make excerpts or transcripts E
of, all paper or electronic records, books, or documents related Z
to the Grant Funds and all matters covered by this Agreement,
including, but not limited to all Subrecipient's invoices, materials, E
payrolls, records of personnel, conditions of employment and
other data. a
b. Subrecipient agrees to provide any reports requested by the M
City regarding performance of the Agreement. M
6. Records Maintenance E
Records, in their original form, shall be maintained in accordance
with requirements prescribed by the City and CalEMA/Grantor with
respect to all matters covered on file for all documents specified in
this Agreement. Original forms are to be maintained on file for all U'
documents specified in this Agreement. Such records shall be m
retained for a period of five (5) years after termination of this
Agreement and after final disposition of all pending matters. x
"Pending matters" include, but are not limited to, an audit, litigation w
or other actions involving records. The City may, at its discretion,
take possession of, retain and audit said records. Records, in their E
original form pertaining to matters covered by this Agreement, shall
at all times be retained within the County of Los Angeles unless Q
authorization to remove them is granted in writing by the City. o.
Subrecipient shall establish a proper accounting system in
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accordance with generally accepted accounting standards and/or
CalEMA/Grantor directives. °
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7. Subcontracts and Procurement
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Subrecipient shall comply with the State, Federal and Subrecipient o
standards in the award of any subcontracts. For purposes of this
Agreement, subcontracts shall include but not be limited to
purchase agreements, rental or lease agreements, third party
agreements, consultant service contracts and construction
subcontracts. °
Subrecipient shall ensure that the terms of this Agreement with the o
City are incorporated into all subcontract agreements. Subrecipient N
shall submit all Subcontractor Agreements to the City for review
prior to the release of any funds to the subcontractor. Subrecipient
shall withhold funds to any subcontractor agency that fails to 0
comply with the terms and conditions of this Agreement and their
respective subcontract agreement. o
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8. Labor E
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a. Subrecipient shall comply, as may be applicable, with the
Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728- E
4763) relating to prescribed standards for merit systems for
programs funded under one of the 19 statutes or regulations E
specified in Appendix A of OPM's Standards for a Merit System Q
Personnel Administration (5 CFR 900, Subpart F). M
b. Subrecipient shall comply, as may be applicable, with the =
provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-
7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the
Contract Work Hours and Safety Standards Act (40 U.S.C. a
§§327-333), regarding labor standards for federally-assisted <
construction subagreements, and the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328), which limit the political activities o
of employees whose principal employment activities are funded m
in whole or in part with Federal funds.
C. Subrecipient shall comply, as may be applicable, with the w
Federal Fair Labor Standards Act (29 U.S.C. § 201) regarding
wages and hours of employment. E
d. None of the funds shall be used to promote or deter union/labor E
organizing activities in accordance with California Government a
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Code §16645 et seq. n.
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9. Civil Rights
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Subrecipient shall comply, as applicable, with all Federal statutes
relating to civil rights and nondiscrimination. These include but are E
not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-
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352), as amended, which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and
1685-1686), which prohibits discrimination on the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. §794), which prohibits discrimination on the basis of o
handicaps; (d) The Age Discrimination Act of 1975, as amended
(42 U.S.C. §§6101-6107), which prohibits discrimination on the o
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 �
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 0
(P.L. 91-616) as amended, relating to nondiscrimination on the Q
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the o
Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee 3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 Z
(42 U.S.C. §§3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; (i) Title 44 E
Code of Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination; 0) Title 28 CFR Part 42, Subparts C, D, E and G; E
(k) Title 28 CFR Part 35; (1) any other nondiscrimination provisions a
in the specific statute(s) under which application for federal M
assistance is being made; (m) the requirements of any other M
nondiscrimination statutes which may apply to this Grant; (n) the
nondiscrimination requirements and all other provisions of the
current edition of the OJP Financial and Administrative Guide for
Grants, M7100.1; and (o) P.L. 93-348 regarding the protection of a
human subjects involved in research, development, and related
activities supported by this award of assistance. ,
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In the event that a Federal or State court or Federal or State °
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administrative agency makes a finding of discrimination after a due
process hearing on the grounds of race, color, religion, national x
origin, gender or disability against Subrecipient or any of its W
subgrantees, contractors or subcontractors being funded with Grant
Funds, the Subrecipient will forward a copy of the finding to the City E
and the Office of Civil Rights, Office of Justice Programs.
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Subrecipient shall comply, and ensure that its subgrantees and Q
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contractors complies, with the nondiscrimination requirements of a°
the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of the Crime Act, as N
appropriate.
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If applicable, Subrecipient shall provide an Equal Employment
Opportunity Plan to the Department of Justice Office of Civil Rights o
within 60 days of this Grant award. o
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10. Environmental
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a. Subrecipient shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation o
Assistance and Real Property Acquisition Policies Act of 1970 N
(42 U.S.C. §4601 et seq. [P.L. 91-646]) which provide for fair
and equitable treatment of persons displaced or whose property
is acquired as a result of Federal or Federally-assisted r
programs. These requirements apply to all interests in real 0
property acquired for project purposes regardless of Federal o
participation in purchases. Subrecipient shall also comply with L
Title 44 CFR, Part 25, Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally-assisted Z
programs.
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b. Subrecipient shall comply with, and provide any information -_
requested by DHS/FEMA/CalEMA to ensure compliance with,
the following laws: (a) institution of environmental quality control Q
measures under the National Environmental Policy Act of 1969 M
(P.L. 91-190) and Executive Orders (EO) 11514 and 12898; (b)
notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of
flood hazards in floodplains in accordance with EO 11988; (e) E
assurance of project consistency with the approved State
management program developed under the Coastal Zone a
Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) _
conformity of Federal actions to State (Clean Air) .0
Implementation Plans under Section 176(c) of the Clean Air Act m
of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection
of underground sources of drinking water under the Safe L
Drinking Water Act of 1974, as amended (P.L. 93-523); (h) w
protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93205); (i) the flood
insurance purchase requirements of the Flood Disaster
Protection Act of 1973 §102(a) (P.L. 93-234) which requires
recipients of Federal funds in a special flood hazard area to a
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participate in the program and to purchase flood insurance if the 0
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total cost of insurable construction and acquisition is ten
thousand dollars ($10,000) or more; and (j) Title 44 CFR Parts 9 0
and 10, referencing floodplain management and environmental N
considerations.
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c. Subrecipient shall comply with all applicable Federal, State, and a
local environmental and historical preservation (EHP) o
requirements. Failure to meet Federal, State, and local EHP r
requirements and obtain applicable permits may jeopardize
Federal funding. Subrecipient will comply with all conditions
placed on any project as the result of the EHP review, and any o
change to the scope of work of a project will require re-
evaluation of compliance with these EHP requirements. o
Subrecipient agrees not undertake any project having the N
potential to impact the EHP resources without prior written >_
approval of City and DHS/FEMA/CaIEMA, including, but not
limited to, communications towers, physical security r
enhancements, new construction and modifications to buildings
that are fifty (50) years old or more. Any construction related o
activities initiated prior to full EHP review will result in a
noncompliance finding. If ground-disturbing activities occur
during the project implementation, the Subrecipient must ensure Z
monitoring of the disturbance. If any potential archaeological
resources are discovered, the Subrecipient will immediately
cease activity in that area and notify the City and
DHS/FEMA/CaIEMA and the appropriate State Historic a
Preservation Office.
d. Subrecipient shall comply with the Wild and Scenic Rivers Act of M
1968 (16 U.S.C. §§1271 et seq.) related to protecting �.
components or potential components of the national wild and
scenic rivers system.
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e. Subrecipient shall comply, if applicable, with the Lead-Based a
Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.)
which prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
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f. Subrecipient shall comply with the Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.) which restores and w
maintains the chemical, physical and biological integrity of the
Nation's waters. E
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g. Subrecipient shall ensure that the facilities under its ownership, N
lease or supervision which shall be utilized in the a
accomplishment of Subrecipient's projects are not on the
Environmental Protection Agency's (EPA) List of Violating
Facilities, and it will notify the City and DHS/FEMA/CaIEMA of o
the receipt of any communication from the Director of the EPA N
Office of Federal Activities indicating that a facility to be used in
the project is under consideration for listing by the EPA.
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h. Subrecipient is, and shall be in compliance with the California
Environmental Quality Act (CEQA), Public Resources Code o
§21000 et seq. and California Code of Regulations, Title 14,
Chapter 3 Section 15000-15007, and is not impacting the
environment negatively.
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i. Subrecipient shall comply with the Energy Policy and
Conservation Act (P.L. 94-163, 89 Stat. 871).
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j. Subrecipient shall comply with applicable provisions of the N
Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 U.S.C. 3501 et seq.) which prohibits the expenditure of
most new Federal funds within the units of the Coastal Barrier o
Resources System.
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11. Preservation
Subrecipient shall comply with, and assist CalEMA in assuring Z
compliance with, Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593 -�
(identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. a
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12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and
Subrecipient shall submit a Certification Regarding Debarment Q
required by Executive Order 12549 and 12689 and any amendment
thereto (attached hereto as Exhibit B and made a part hereof). '
Said Certification shall be submitted to the City concurrent with the 0
execution of this Agreement and shall certify that neither m
Subrecipient nor its principals are presently debarred, suspended, -°
proposed for debarment, declared ineligible or voluntarily excluded w
from participation in this transaction by any federal department
head or agency. Subrecipient shall require that the language of this E
Certification be included in the award documents for all sub-award
at all tiers and that all subcontractors shall certify accordingly. E
Subrecipient shall not make any award or permit any award a
(subcontract or contract) to any party which is debarred or a
suspended or is otherwise excluded from or ineligible for U
participation in Federal assistance programs under Executive Order o
12549 and 12689, "Debarment and Suspension." N
13. Drug-Free Workplace
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Subrecipient shall comply with the Federal Drug-Free Workplace
Act of 1988, 41 U.S.C. §701 et. seq., 28 CFR Part 67, and the o
California Drug-Free Workplace Act of 1990, Government Code §§
8350-8357. Subrecipient shall execute and submit to the City
concurrent with the execution of this Agreement the Certification
Regarding Drug Free Workplace Requirements attached hereto as o
Exhibit D and made a part hereof. d
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14. Faith-Based Activities a
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Organizations that are religious or faith-based are eligible, on the LL
same basis as any other organization, to participate in the grant
funded program. However, a Subrecipient that participates in a o
grant-funded program shall comply with the following provisions if it o
is deemed to be a religious or faith-based organization.
a. Subrecipient may not engage in inherently religious E
activities, such as worship, religious instruction, or z
proselytization, as part of the programs or services funded
under this Contact. If Subrecipient conducts such activities,
the activities must be offered separately, in time or location,
from the programs or services funded under this Agreement, a
and participation must be voluntary for the beneficiaries of LO
the grant-funded programs or services. M
b. A religious or faith-based Subrecipient will retain its
independence from Federal, State, and local governments, E
and may continue to carry out its mission, including the
definition, practice, and expression of its religious beliefs, a
provided that it does not use direct grant funds to support
any inherently religious activities, such as worship, religious :
instruction, or proselytization.
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C. A religious or faith-based Subrecipient may use space in
their facilities to provide grant funded services, without w
removing religious art, icons, scriptures, or other religious
symbols. E
d. A religious or faith-based Subrecipient retains its authority
over its internal governance, and it may retain religious d
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 °
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documents. °
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e. A religious or faith-based Subrecipient shall not, in providing
program assistance, discriminate against a program
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beneficiary or prospective program beneficiary on the basis a
of religion or religious belief. °
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f. Grant funds may not be used for the acquisition,
construction, or rehabilitation of structures to the extent that
those structures are used for inherently religious activities. o
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g. Grant funds may be used for the acquisition, construction, or o
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
inherently religious activities, Grant funds may not exceed o
the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in o
accordance with the cost accounting requirements W
applicable to Grant funds herein. Sanctuaries, chapels, or E
other rooms that a Grant funded religious congregation uses Z
as its principal place of worship, however, are ineligible for
Grant funded improvements. Disposition of real property
after the term of the grant, or any change in use of the c
property during the term of the grant, is subject to E
government-wide regulations governing real property a
dispositions.
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15. Miscellaneous
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Subrecipient shall comply, if applicable, with the Laboratory Animal
Welfare Act of 1966, as amended (P.L. 89-544, 7 U.S.C. §§2131 et a
seq.), pertaining to the care, handling and treatment of warm
blooded animals held for research, teaching, or other activities
supported by these Grant Funds, and P.L. 93-348, regarding the o
protection of human subjects involved in research, development, m
and related activities supported by this Grant award. Pursuant to
the Consolidated Appropriations Act of 2008 (P.L. 110-161) grant x
funds must not be used in contravention of the federal buildings w
performance and reporting requirements of Executive Order No. _
13123, part 3 of Title V of the National Energy Conservation Policy E
Act (42 U.S.C. 8251 et seq.) or subtitle A of Title I of the Energy
Policy Act of 2005 (including the amendments made thereby), nor a
shall Grant Funds be used in contravention of section 303 of the a
Energy Policy Act of 1992 (42 U.S.C. 13212). 0-
B. Statutes and Regulations Applicable To This Particular Grant
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Subrecipient shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative E
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requirements, policies and any other requirements governing this a
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:
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1. Title 28 Code of Federal Regulations (CFR) Parts 66 and 70; EO
12372; Current edition of the OJP Financial Guide (M7100.1); o
Current edition of the DHS Financial Management Guide; DOJ N
Office for Civil Rights Regulations; Title 2 CFR Parts 215, 225, 220,
and 230; Title 44 CFR, including part 13; Federal Acquisition
Regulations (FAR), Part 31.2 Contract Cost Principles and o
Procedures, Contracts with Commercial Organizations; DHS 08
Guidance; CalEMA 09 Supplement; DHS Information Bulletins; and o
GMMs.
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2. Standardized Emergency Management System (SEMS) Z
requirements as stated in the California Emergency Services Act,
Government Code Chapter 7 of Division 1 of Title 2, § 8607 et seq.
and CCR Title 19, §§ 2445-2448.
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3. Provisions of 28 CFR applicable to grants and cooperative a
agreements, including Part 18, Administrative Review Procedures; M
Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information;
Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in a
State and Local Government Services; Part 38, Equal Treatment of
Faith-based Organizations; Part 42, Nondiscrimination/Equal
employment Opportunities Policies and Procedures; Part 46, o
Protection of Human Research Subjects; Part 61, Procedures for m
Implementing the National Environmental Policy Act; Part 63,
Floodplain Management and Wetland Protection Procedures; Part x
64, Floodplain Management and Wetland Protection Procedures, w
and Federal laws or regulations applicable to federal Assistance
Programs; Part 66, Uniform Administrative Requirements for Grants �E
and Cooperative Agreements to State and Local Governments;
Part 67, Government-Wide Debarment and Suspension (Non- E
Procurement); Part 69, New Restrictions on Lobbying; Part 70 a
Uniform Administrative Requirements for Grants and Cooperative n.
Agreements (including sub-awards) with Institutions of Higher
Learning, Hospitals and other Non-profit Organizations; Part 83,
Government-Wide Requirements for a Drug Free Workplace N
(grants).
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3. Technology Requirement:
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a. Subrecipient shall use the latest National Information
Exchange Model (NIEM) specifications and guidelines
regarding the use of Extensible Markup Language (XML) for
all projects funded by this Grant. Further information about o
the required use of NIEM specifications and guidelines is
available at www.niem.gov. o
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b. For any information technology system funded by Grant
Funds under this Agreement, Subrecipient shall ensure that -
such project complies with 28 CFR Part 23, Criminal
Intelligence Systems Operating Policies, if such regulation is o
determined to be applicable. o
4. In accordance with section 6 of the Hotel and Motel Fire Safety E
Action of 1990, 15 U.S.C. §2225a, Subrecipient shall ensure that all ,
conference, meeting, convention, or training space funded in whole Z
or in part with Grant Funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of =
1974, 15 U.S.C. §2225.
5. Subrecipient is required to take reasonable steps to ensure that LO
LEP (Limited English Proficiency) persons have meaningful access M
to its programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where W
necessary. The grantee is encouraged to consider the need for E
language services for LEP persons served or encountered both in
developing their proposals and budgets and in conducting their ¢
programs and activities. _
6. Subrecipient agrees to cooperate with the City and Grantor with m
any assessments, national evaluation efforts, or information or data w
collection requests, including, but not limited to, the provision of any s
information required for the assessment or evaluation of any w
activities within their grant agreement. This includes any
assessments, audits, or investigations conducted by the E
Department of Homeland Security, Office of the Inspector General,
or the Government Accountability Office. Subrecipient shall provide
progress reports and such other information as may be required by a
the Grantor/CaIEMA.
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7. Subrecipient agrees that Grant funds utilized to establish or
enhance state and local fusion centers must support the N
development of a statewide fusion process that corresponds with
the Global Justice/Homeland Security Advisory Council (HSAC)
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Fusion Center Guidelines and achievement of a baseline level of s
capability as defined by the Fusion Capability Planning Tool. c
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8. Travel Expenses
Subrecipient as provided herein shall be compensated for o
reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise o
expressed. Subrecipient's total travel for in-State and/or out-of- N
State and per diem costs shall be included in the contract r
budget(s). All travel including out-of-State travel not included in the s
budget(s) shall not be reimbursed without prior written authorization o
from the Mayor's Office.
Subrecipient's travel and per diem reimbursement costs shall be
reimbursed in accordance with City policy, Subrecipient's policies
and procedures, and federal rules and regulations regarding this z
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Grant.
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9. Noncompliance
Subrecipient understands that failure to comply with any of the a
above assurances may result in suspension, termination or M
reduction of Grant Funds, and repayment by Subrecipient to City of M
any unlawful expenditures.
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§416. Federal State and Local Taxes d
Federal, State and local taxes shall be the responsibility of the
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Subrecipient as an independent party and not as a City employee.
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§417. Inventions Patents and Copyrights m
A. Regorting Procedure for Inventions
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If any project of Subrecipient funded under this Agreement produces any
invention or discovery ("Invention") patentable or otherwise under Title 35 E
of the U.S. Code, including, without limitation, processes and business
methods made in the course of work under this Agreement, Subrecipient Q
shall report the fact and disclose the Invention promptly and fully to the
City. The City shall report the fact and disclose the Invention to the a
Grantor/FEMA/CaIEMA . Unless there is a prior agreement between the 0
City and Grantor/FEMA/CalEMA , Grantor/FEMA/ CalEMA shall o
determine whether to seek protection on the Invention. N
Grantor/FEMA/CalEMA shall determine how the rights in the Invention,
including rights under any patent issued thereon, will be allocated and a
administered in order to protect the public interest consistent with the
RCPGP 10 Subrecipient Agreement 33
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City of San Bernardino
Packet Pg.291
2012-245
policy (,,Policy") embodied in the Federal Acquisition Regulations System,
which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. o
95-517, Pub. L. 98-620, 37 CFR part 401); Presidential cutive Departments and o
Government Patent Policy to the Heads of the E p
Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR
13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order o
12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262).
Subrecipient hereby agrees to be bound by the Policy, will contractually o
require its personnel to be bound by the Policy, and will consult with N
Grantor/FEMA/CalEMA regarding allocation of any patent rights that arise LL
from, or are purchased with, Grant Funds.
B. Rights to Use Inventions c
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City and Grantor/FEMA/CalEMA shall have an unencumbered right, and a o
non-exclusive, irrevocable, royalty-free license, to use, manufacture, d
improve upon, and allow others to do so for all government purposes, any E
Invention developed under this Agreement. z
C. Copyright Policy E
1. Unless otherwise provided by the terms of the Grantor/FEMA or of
this Agreement, when copyrightable material ("Material") is a
developed under this Agreement, the author, the City or LO
Grantor/FEMA, at Grantor/FEMA and City's discretion, may M
copyright the Material. If the Grantor/FEMA and City decline to
copyright the Material, the Grantor/FEMA and City shall have an
unencumbered right, and a non-exclusive, irrevocable, royalty-free E
license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this a
Agreement. 10
2. Grantor/FEMA shall have an unencumbered right, and a non- o
exclusive, irrevocable, royalty-free license, to manufacture, improve m
upon, reproduce, publish, or otherwise use, and authorize others to
use, for Federal government purposes: (a) any Material developed
under this Agreement and (b) any rights of copyright to which w
Subrecipient purchases ownership with Grant Funds.
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3. Contractor shall comply with 24 CFR 85.34.
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D. Rights to Data a
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The Grantor and the City shall have unlimited rights or copyright license to
any data first produced or delivered under this Agreement. "Unlimited o
rights" means the right to use, disclose, reproduce, prepare derivative N
works, distribute copies to the public, and perform and display publicly, or
permit others to do so; as required by 48 CFR 27.401. Where the data
are not first produced under this Agreement or are published copyrighted
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RCPGP 10 Subrecipient Agreement 34 2/12
City of San Bernardino
Packet Pg.292
2012-245
data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires o
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)).
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E. Obligations Binding on Subcontractors
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Subrecipient shall require all its contractors and subcontractors funded by a�
Grant Funds to comply with the obligations of this section by incorporating o
the terms of this section into all contracts and subcontracts. N
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§418. Living Wage Ordinance
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This section is not applicable to this contract, and is intentionally left blank. 0
§419. Earned Income Tax Credit
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Under the terms of this Agreement, Subrecipient is exempt from z
compliance with the provisions of Section 10.37.4 of the Los Angeles =
Administrative Code. E
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§420. Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from M
compliance with the provisions of Section 10.37.4 of the Los Angeles M
Administrative Code.
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§421.Contractor Responsibility Ordinance a
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Under the terms of this Agreement, Subrecipient is exempt from
compliance with the provisions of the Contractor Responsibility Ordinance o
(CRO), Section 10.40 et se g., of Article 14, Chapter 1 of Division 10 of the m
Los Angeles Administrative Code.
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§422. Slavery Disclosure Ordinance w
Under the terms of this Agreement, Subrecipient is exempt from E
compliance with the Slavery Disclosure Ordinance, Section 10.41 of the
Los Angeles Administrative Code. ¢
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§423. Child Support Assignment Orders 0-
Under the terms of this Agreement, Subrecipient is exempt from o
compliance with the Child Support Assignment Orders Ordinance, Section N
10.10 of the Los Angeles Administrative Code. Subrecipient shall comply
with California Family Code Section 5230 et seq. as applicable. E
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RCPGP 10 Subrecipient Agreement 35
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City of San Bernardino
Packet Pg.293
2012-245
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orit Women and Other Business Enterprise Outreach Pro ram o
§424 .Min v, r
In accordance with CalEMA/Grantor directives, Subrecipient agrees that,
to the extent contractors or subcontractors are utilized, Subrecipient shall
use small, minority, women-owned, or disadvantaged business concerns o
and contractors or subcontractors to the extent practicable.
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§425. Publications and Markings o
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All publications created or published with funding under this Grant shall
prominently contain the following statement: "This document was o
prepared under a grant from FEMA's Grant Programs Directorate, U.S.
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Department of Homeland Security.he authors and do not necessarily represent in this document are those oft L
the official position or policies of FEMA's Grant Programs E
rams Directorate or
the U.S. Department of Homeland Security." Z
When practicable, any equipment purchased with Grant funding shall be
prominently marked as follows: "Purchased with funds provided by the C
U.S. Department of Homeland Security." E
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DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS
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§501. Defaults
Should Subrecipient fail for any reason to comply with the contractual
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obligations of this Agreement within the time specified by this Agreement,
the City reserves the right to terminate the Agreement, reserving all rights o
under state and federal law. N
§502. (This section intentionally left blank.) s
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§503. (This section intentionally left blank.)
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§504. (This section intentionally left blank.)
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§505. Amendments z
Any change in the terms of this Agreement, including changes in the
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services to be performed by Subrecipient, and any increase or decrease in
the amount of compensation/allocation which are agreed to by the City
and Subrecipient shall be incorporated into this Agreement by a written a
amendment properly executed and signed by the person authorized to
bind the parties thereto. M
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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, .9
rules, amendments or requirements directly relate to and are necessary to 0
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federal requirements regarding the Grant Funding and its use pursuant to
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ENTIRE AGREEMENT
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§601. Complete Agreement �o
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This Agreement contains the full and complete Agreement between the
two parties. Neither verbal agreement nor conversation with any officer or o
employee of either party shall affect or modify any of the terms and o
conditions of this Agreement.
§602. Number of Pages and Attachments
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This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty-nine (39) pages 0
and seven (7) Exhibits, which constitute the entire understanding and
agreement of the parties.
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IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to s
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be executed by their duly authorized representatives.
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APPROVED AS TO FORM AND LEGALITY: For: THE CIT LOS LES
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CARMEN A. TRUTANICH, City Attorney ANTONIO . VI RA OS ayor
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Date Date NOV 212012
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CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS o
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This certification is required by the regulations implementing Executive Order 12549,Debarment and
Suspension,44 CFR Part 17, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
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1. The prospective recipient(or subrecipient) of Federal assistance funds certifies that it or its N
principals:
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(a) Are not presently debarred, suspended,proposed for debarment, declared ineligible, o
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency; p
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(b) Have not within a three-year period preceding this Agreement been convicted of or had a E
civil judgment rendered against them for commission of fraud or a criminal offense in Z
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 E
or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records, m
making false statements, or receiving stolen property; E
C (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental M
ederal State or local with commission of any of the offenses enumerated in paragraph M
entity (F )
1(b) of this certification; and
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(d) Have not within a three-year period preceding this Agreement had one or more public (D
transactions(Federal, State, or local)terminated for cause or default. Q
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. o
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AGREEMENT NUMBER
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City of San Bernardino <
RECIPIENT/SUBRECIPIENT/CONTRACTOR/BORROWER/AGENCY
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Andrea Travis-Miller, Acting City Manager U
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE o
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INSTRUCTIONS FOR CERTIFICATION
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1. By signing and submitting this document,the prospective recipient of Federal assistance funds is providing the °
certification as set out below. ;a
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2. The certification in this clause is a material representation of fact upon which reliance was placed when this U
transaction was entered into. if it is later determined that the prospective recipient of Federal assistance funds o
knowingly rendered an erroneous certification,in addition to other remedies available to the Federal •2
Government,the department or agency with which this transaction originated may pursue available remedies, °
including suspension and/or debarment. o
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3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to N
which this agreement is entered,if at any time the prospective recipient of Federal assistance funds learns that U-
its certification was erroneous,when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, "lower tier covered transaction,
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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 L
Executive Order 12549.
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5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the Z
proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from m
participation in this covered transaction,unless authorized by the department or agency with which this -Ea
transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will Q
include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion M
-Lower Tier Covered Transactions,"without modification, in all lower tier covered transactions and in all M
solicitations for lower tier covered transactions.
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7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier E
covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered m
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transaction,unless it knows that the certification is erroneous. A participant may decide the method and Q
frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,
check the List of Parties Excluded from Procurement or Non-Procurement Programs. c
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to p
render in good faith the certification required by this clause. The knowledge and information of a participant is m
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings. x
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9. Except for transactions authorized under Paragraph 5 of these instructions,if a participant in a covered c
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, m
ineligible,or voluntary excluded from participation in this transaction,in addition to other remedies available to M
the Federal Government,the department or agency with which this transaction originated may pursue available
remedies,including suspension and/or debarment. Q
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants, Lo_ans a
and Cooperative Agreements °
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The undersigned certifies, to the best of his or her knowledge and belief,that:
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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 o
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of N
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. d
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a E
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Member of Congress, an officer or employee of Congress, or an employee of a Member of Z
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the =
undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report E
Lobbying" in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be included in the award Q
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts M
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. c
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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 a
for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. <
Any person who fails to file the required certification shall be subject to a civil penalty of not
less that$10,000 and not more than $100,000 for each such failure.
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AGREEMENT NUMBER x
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City of San Bernardino
SUBRECIPIENT/CONTRACTOR/BORROWER/AGENCY E
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Andrea Travis-Miller, Acting city Manager E
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CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS Q
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(Capitalized terms herein shall have those meanings set forth in the Agreement to which this Certification N
is attached as an Exhibit)
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The Contractor/Subrecipient certifies that it will or will continue to provide a drug-free workplace, in
accordance with the federal Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seg.), 28 CFR Part 67; o
and the California Drug-Free Workplace Act of 1990,Government Code §§ 8350-8357,by:
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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 N
the actions that will be taken against employees for violation of such prohibition. >_
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2. Establishing an on-going drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace; o
b. The Contractor's policy of maintaining a drug-free workplace;
c. Any available drug counseling,rehabilitation and employee assistance programs;and O
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace. E
3. Making it a requirement that each employee to be engaged in the performance of the program be given z Z
a copy of the statement required by paragraph 1. above. 4)
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4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment
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under the Grant program,the employee will: E
a. Abide by the terms of the statement,and Q
b. Notify the Contractor in writing of his or her conviction for a violation of a criminal drug statute a
occurring in the workplace no later than five calendar days after such conviction. co
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5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under
subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction. d
Employers of convicted employees must provide notice,including position title,to:
Department of Justice,Office of Justice Programs
ATTN: Control Desk `r
633 Indiana Avenue,N.W.
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Washington,D.C. 20531 rn
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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,
consistent with the requirements of the Rehabilitation Act of 1973,as amended;or s
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b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation w
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency. E
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7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of E
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the provisions of this certification. Q
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City of San Bernardino AGREEMENT#
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SUBRECIPIENT/CONTRACTOR/BORROWER/AGENCY v
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Andrea Travis—Miller, Acting City Manager c
NAM ND TITLE 9F AVrHORIZED REPRESENTATIVE p N
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SIGNATURE DAT U
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Los Angeles/Long Beach/Riverside Urban Area
FY 2010 Regional Catastrophic Preparedness Grant Program
REQUIRED SUPPORTING DOCUMENTS
FOR CLAIM REIMBURSEMENT o
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❑ Reimbursement Request Form: Complete all fields and provide original authorized signature and date.
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❑ Match Documentation Form: Include Match Activity Log if using travel as match.
❑ Functional Timesheets: Official Timekeeping System Record Printout with employee name, number of hours charged per day, dates -
totals. If time is not submitted electronically, provide copy of paper timecards with employee and supervisor signatures. E
❑ Payroll register indicating the salary, hourly rate, employee benefits, overtime rate. Must be an official payroll register, not an r Q I
document. Provide pay rate calculations if not clearly stated. LO
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FOR PLANNING:CONTRACTOR AND CONSULTING SERVICES
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❑ Reimbursement Request Form:Complete all fields and provide original authorized signature and date. d
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❑ Invoice: Must be stamped"PAID", signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receil Q
items requesting reimbursement. Each item circled must have project#,a funding SOURCE, and TOTAL
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❑ Proof of Payment:Copy of canceled check and/or internal accounts payable record. .�
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❑ Schedule of Deliverables ap
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Travel:Consult www.gsa.gov for approved per diem rates. Provide detailed personal expense statement with supervisor signature
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CITY OF LOS ANGELES
REGIONAL CATASTROPHIC PREPAREDNESS
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REIMBURSEMENT REQUEST FORM L
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Return Expenditure Requests to:
Nick Szamet,Grant Specialist Jurisdiction:
Mayors Office of Homeland Security and Public Safety ip
200 N.Spring St.,Room#M175 Agency/Department:
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Los Angeles,CA 90012
Fax:213.978.0718 Expenditure Period: to a�
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Project Letter: Prepared By: c
RCPGP FY07 ❑ Master Item#: Phone No.: N
RCPGP FY08 ❑ Sub-Line#: Please mark this box to indicate LL
RCPGP FY09 ❑ final request for reimbursement❑
Authorized Previously Current Cumulative 0
Type of Expenditure Balance
Total Amount Requested Request Request
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This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance
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to match any other federal grant program costs.
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FY 2009 RCPGP Match Activity Log
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ALLOWABLE COSTS LIST
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• Overtime and backfill costs g
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• Recurring expenses such as those associated with cell phones and faxes during
the period of performance of the grant program °
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