Resolution No. 94561
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RESOLUTION NO. 9456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
THE CITY OF LOS ANGELES REGARDING THE USE OF 2006
URBAN AREAS SECURITY INITIATIVE GRANT FUNDS
WHEREAS, the City of Los Angeles submitted a 2006 Urban Areas
Security Initiative (112006 UASI") grant application to the federal
government on or about April 2006, and the U.S. Department of Homeland
Security, through the Office of Grants and Training, awarded grant
funds of $641448,000.00 to the City of Los Angeles for use in the Los
Angeles/Long Beach Urban Area; and
WHEREAS, in order for the Fire Department to receive grant
funds under the 2006 UASI Grant Program, the Vernon Fire Department
submitted a request to use funds for overtime for the training for
sustainment of existing Haz Mat and USAR teams, including WMD response
training for all regional fire departments (the "Training"), subject to
ratification by the City Council; and
WHEREAS, the Office of Grants and Training approved the sum
of $257,580.00 for the training for the Vernon Fire Department; and
WHEREAS, the City of Los,Angeles has approved the
distribution of 2006 UASI grant funds to'the City of Vernon Fire
Department in the sum of $257,580.00 for the Training; and
WHEREAS, in order to receive the 2006 UASI grant funds, the
City of Los Angeles is requiring the City to execute an agreement; and
WHEREAS, City staff have recommended that the 2006 UASI grant
agreement be approved and executed; and
WHEREAS, the City Council of the City of Vernon desires to
I ratify the actions taken by the Vernon Fire Department in the 2006 UASI
2 grant process.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
4 CITY OF VERNON AS FOLLOWS:
5 SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines.that the recitals contained hereinabove are true
7 and correct.
8 SECTION 2: The City Council of the City of Vernon hereby
9 approves and ratifies the submittal of request for funds for the
10 Training and any and all actions taken by the Vernon Fire Department to
11 obtain 2006 UASI grant funds for the City of Vernon.
12 SECTION 3: The City Council of the City.of Vernon hereby
1.3 approves the Agreement with the City of Los Angeles, a copy of which is
14 attached hereto as Exhibit A and incorporated by reference.
15 SECTION 4: The City Council of the City of Vernon hereby
16 authorizes the Mayor or Mayor Pro-Tem to execute said Agreement with
17 the City of Los Angeles for, and on behalf of, the City of Vernon and
18 the City Clerk is hereby authorized to attest thereto. The City
19 Administrator, or his designee, is hereby authorized to execute the
20 Certifications and Grant Assurances attached as Exhibits B, C and E to
21 the Agreement and any and all documents necessary for the purpose of
22 securing the grant funds and to implement and carry out the terms of
23 the Agreement on -behalf of the City of Vernon.
24 SECTION 5: The City Council of the City of Vernon hereby
25 directs the City Clerk, or her designee, to send two signed
26 Agreements, to:
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Laura Shin, Compliance Specialist
Mayor's Criminal Justice Planning Office
City of Los Angeles
200 N. Spring Street, Room 303
Los Angeles, CA 90012
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 6th day of November, 2007.
ATTEST:
UELA GIRO , C'ty Clerk
Name: Loonis C. Malbura
Title: Mayor��
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution being Resolution No. 9456, was
duly adopted by the City Council of the City of Vernon at an adjourned
regular meeting of the City Council duly held on, Tuesday, November 6,
2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
MANUELA.GIRON, City Clerk
I(SEAL)
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EXHIBIT A
AGREEMENT
Contractor: City of Vernon
City Contract Number
Section Description
TABLE OF CONTENTS
INTRODUCTION
§101. Parties to the Agreement
§102. Representatives of the Parties and Service of Notices
§103. Independent Party
§104. Conditions Precedent to Execution of this Agreement
I I
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Use of Grant Funds
§203. This Section is Left Intentionally Blank
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
§402. Applicable Law,. Interpretation and Enforcement
§403. Integrated Agreement
§404. Excusable Delays
§405. Breach
§406. Prohibition Against Assignment or Delegation
§407. Permits
§408. Non Discrimination and Affirmative Action
§409. Los Angeles City Business Tax Registration Certificate
UASI 06 Gov't PSA i
Vernon
Paae
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TABLE OF CONTENTS
Section Description Page
§410.
Bonds
13
§411.
Indemnification
13
§412.
Conflict of Interest
14
§413.
Insurance (This Section is Left Intentionally blank)
15
§414.
Restriction on Disclosures
15
§415.
Statutes and Regulations Applicable to All Grant Contracts
15
§416.
Federal, State, and Local Taxes
23
§417.
Inventions, Patents and Copyrights
23
§418.
Earned Income Tax Credit
25
§419.
Equal Benefits Ordinance
25
§420.
Contractor Responsibility Ordinance
25
§421.
Slavery Disclosure Ordinance
25
§422.
Child Support Assignment Orders
25
§423.
MBE/WBE
V
DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS
§501. Defaults 26
§502. This Section is Left Intentionally Blank 26
§503. This Section is Left Intentionally Blank 26
§504. This Section is Left Intentionally Blank 26
§505. Amendments 26
VI
ENTIRE AGREEMENT
§601. Complete Agreement 27
§602. Number of Pages and Attachments 27
Execution (Signature) Page 28
UASI 06 Gov't PSA II 5/07
Vernon
EXHIBITS
Exhibit A
Insurance (Not applicable to this Agreement)
Exhibit B
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions.
Exhibit C
Certification Regarding Lobbying
Exhibit D
This Section is Left Intentionally Blank
Exhibit E
Grant Assurances
Exhibit F
Equipment Ledger
Exhibit G
Allowable Cost Matrix
Exhibit H
Authorized Training
Exhibit I
Authorized Exercises
Exhibit J
Authorized Planning
Exhibit K
Authorized Organizational Activities
Exhibit L Reimbursement Request Form
Exhibit M Purchasing Detail Worksheet
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Vernon
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS AGREEMENT is made and entered into by and between the City of Los
Angeles, a municipal corporation (the "City,"), and City of Vernon, a municipal
corporation (the "City of Vernon" or "Contractor").
W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"),
through the Office of Grants and Training (G&T), has provided financial assistance
directly to selectedjurisdictions through the Fiscal Year (FY) 2006 Urban Areas Security
Initiative ("UASI 06"); and
WHEREAS, this financial assistance is administered by the City of Los Angeles
and is overseen by the California Office of Homeland Security (OHS); and
WHEREAS, this financial, assistance is being provided to address the. unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Los Angeles/Long Beach Urban Area ("LA/LBUA") consists of
the City of Los Angeles, the City of Long Beach, the unincorporated area of the County
of Los Angeles, and 27 participating jurisdictions, including City of Vernon); and
WHEREAS, the G&T awarded a UASI 06 Grant of $64,448,000 ("Grant Funds")
to the City of Los Angeles, as a Core City, for use in the LA/LBUA; and
WHEREAS, the City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ("Mayor's Office") to provide for terrorism prevention and
emergency preparedness; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 06 Grant Funds
throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of
Vernon and others;
WHEREAS, the City and City of Vernon are desirous of executing this
Agreement as authorized by the City Council and -the Mayor (refer to Council File
Number 07-0582) which authorizes the City to prepare and execute the Agreement.
NOW, THEREFORE, the City of Los Angeles and City of Vernon agree as follows:
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I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North Spring
Street, Los Angeles, California 90012; and
B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa
Fe Avenue, Vernon; CA 90058
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications shall
be given are as follows:
The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
Arif Alikhan, Deputy Mayor
Office of the Mayor
Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0687
Fax: (213) 978-0718
Arif.Alikhan@lacity.org
2. The representative of City of Vernon shall be:
Manuela Giron, City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-8811
Fax: (323) 826-1438
ngiron@ci.vernon.ca.us
with a copy to:
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David Lazar, Battalion Chief
Vernon Fire Department
3375 Fruitland Ave
Vernon, CA 90058 -
Phone: (323) 583-4821, ext .512
Fax: (323) 583-0495
dlazar@ci.vernon.ca.us
B. Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
City of Vernon is acting hereunder as an independent party, and not as an
agent or employee of the City of Los Angeles. No employee of City of
Vernon, is, or shall be an employee of the City of Los Angeles by virtue of this
Agreement, and City of Vernon shall so inform each employee organization and
each employee who is hired or retained under this Agreement. City of Vernon
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 of Los
Angeles.
§104. Conditions Precedent to Execution of This Agreement
City of Vernon shall provide copies of the following documents to the City of Los
Angeles, unless otherwise exempted.
A. This Section is left intentionally blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with Section 415L of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit C and made a part
hereof. City of Vernon shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of the information contained in any Disclosure
Form previously filed by City of Vernon.
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n
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on August 28,-2006 and end on
March 31, 2008, or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional,'period of time as is required to
complete any necessary close out activities.. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A Vernon and the City have previously completed a mutually approved
Budget/Expenditure Plan, hereinafter "Budget:" The Budget contains detailed_
listings of items for expenditure under the terms of this Agreement, which is
incorporated herein by this reference. Any request by Vernon to modify the
Budget must be' made in writing and must be approved in writing by the City
during the term of this Agreement
B. City of Vernon shall provide any reports requested by the City regarding
performance of the Agreement. Reports shall be in the form requested by the
City, and shall be provided in a timely manner.
C. Any equipment acquired pursuant to this Agreement shall be authorized in
http://www.rkb.mipt.org and Appendix D, Allowable Cost Matrix, to the FY 2006
Homeland Security Grant Program, Program Guidance and Application Kit,
incorporated by reference, and attached hereto as Exhibit G. City of Vernon
shall provide the City a copy of its most current procurement guidelines and
follow its own procurement requirements as long as they meet the minimum
federal requirements. Federal procurement requirements for the UASI 06 Grant
can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of
G&T Financial Guide.
Any equipment acquired or obtained with Grant Funds:
1. Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various. fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant;
2. Is consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
UASI Gov't PSA 5/07
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G&T Financial Guide.
For the purposes of this subsection, "Equipment" is defined as nonexpendable
property that is not consumed or does lose its identity by being incorporated into
another item of equipment, which costs $5,000 or more per unit, or is expected to
have a useful life of one (1) year or more. Items costing less than $5,000, but
falling into the following categories are also considered Equipment: (1)
electronics communications equipment for stationary or vehicular use, including
cellular telephones acquired by lease or purchase, and (2) electronic office
equipment, including facsimile machines, copiers, electric typewriters, personal
computers (monitors and. CPU's), terminals and printers.
1. Equipment shall be used by City of Vernon in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. City of Vernon shall make Equipment available for use on other projects or
programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for other use
shall be given to other programs or projects supported by the awarding
agency.
3. A ledger, attached hereto as Exhibit F, shall'be maintained for each item
of Equipment acquired for the program..This record must be updated
biannually and forwarded to the City. The record shall include: (a)
description of the item of Equipment, (b) manufacturer's model and serial
number, (c) Federal Stock number, national stock number, or other
identification number; (d) the source of acquisition of the Equipment,
including the award number, (e) date of acquisition; (f) the per unit
acquisition cost of the Equipment, (g) records showing maintenance
procedures to keep the Equipment in good running order, and (h) location
and condition of Equipment. Records must be retained pursuant to 28
C.F.R. Part 66.42, and Office of G&T.
4. All equipment obtained under this Agreement shall have an LA/LBUA
identification decal affixed to it, and, when practical, shall be affixed where
it is readily visible.
5. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every year or prior to
any UASI, State or Federal monitor visits.
UASI Gov't PSA 5/07
D. Any training paid pursuant to this Agreement shall conformto the guidelines as
listed in FY 2006 Homeland Security Grant Program, Program Guidance and
Application Kit, page 84 (attached as Exhibit H) and must be pre -authorized by
OHS at http://www.caiguard.ca.go�/cajs-hs/nonslgcpForm.htm. A catalogue. of
Grantor approved and sponsored training courses is available at
http://www.ojp.usdoj.gov/odp/training.htm.
`E. Any exercise paid pursuant to this Agreement shall conformto the guidelines as
listed in FY 2006'Homeland and Security Grant Program, Program Guidance and
Application Kit, pg 84 and 85 (Exhibit 1). Detailed Homeland Security Exercise
and Evaluation Program Guidance is available at http://hseep.dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2006 Homeland and Security Grant Program, Program Guidance and
Application Kit, pg 80 and 81 (Exhibit J).
G. Any organizational activities paid pursuant to this Agreement shall conform to the
guidelines as listed in FY 2006 Homeland and Security Grant Program, Program
Guidance and Application Kit, pg 82 and 83 (Exhibit K).
§203. This Section is Left Intentionally Blank
UASI Gov't PSA 5/07
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall pay to City of Vernon the grant amount Two
Hundred Fifty -Seven Thousand Five Hundred Eighty dollars ($257,580) to be
used for purchase of equipment, planning, exercises, organizational activities,
and training as.described in Section 202 above. The Grant Amount represents
the amount allocated to City of Vernon in the FY 06 UASI grant award notice.
B. City of Vernon shall provide quarterly invoices to the City requesting payment
and all supporting documentation.. Each reimbursement request shall be
accompanied by the Reimbursement Request Form (attached hereto as Exhibit
L) and Purchasing Detail Worksheet (attached hereto as Exhibit M) detailing the
expenditures made by City of Vernon as authorized by Section, 202 above. For
equipment for which Vernon is requesting reimbursement, all appropriate back-
up documentation must be attached to the reimbursement form,_including
invoices, proof of payment and packing slips. For training reimbursements,
Vernon must include a copy of.the class roster verifying training attendees, proof
that an OHS tracking number has been assigned to the course, and timesheets
and payroll registers for all training attendees. For regional project
reimbursements, City of Vernon must include approval from the lead agency for
all submitted invoices.
C. Notwithstanding anything to the contrary herein, City of Vernon may procure
equipment through the "Equipment Purchase Assistance Program," as more fully
described in "Fiscal Year 2006, Homeland Security Grant Program, Program
Guidelines and Application Kit, page 50. Under this program, City of Vernon may
select equipment from Fischer Scientific, the Grantor will pay the vendor directly,
and the dollar amount of.§ 301A of this Agreement shall be reduced by the
corresponding amount. City of Vernon shall notify the City of Los Angeles thirty
(30) days prior to using the "Equipment Purchase Program," and shall submit to
the City of Los Angeles a final report reconciling the full amount of the
Agreement, ninety (90) days before the Agreement terminates.
D. Payment of final invoice shall be withheld by the City of Los Angeles until the City
has determined that City of Vernon has turned in all supporting documentation
and completed the requirements of this Agreement.
E. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set forth herein.
F. This Section is left intentionally blank.
G. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
UASI Gov't PSA 6107
immedi9tely upon written notice to City of Vernon of a loss or reduction of federal
grant funds.\
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IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Contractor" herein and in any amendments hereto includes the party or parties
identified in this Agreement. The singular shall include the plural. If there is
more than one Contractor as identified herein, unless expressly stated otherwise,
their obligations and liabilities hereunder shall be joint and several. Use of the
feminine, masculine, or neuter genders shall be deemed to include the genders
not used.
§402. Applicable Law. Interpretation and Enforcement
Each,party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the City. This Agreement
shall be enforced and interpreted under the laws of the State of California and
the City.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof; and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended -as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
UASI Gov't PSA 5/07
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
City of Vernon may not, unless it has first obtained the written permission of the
City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
City of Vernon and its officers, agents and employees shall obtain and maintain
all permits and licenses necessary for City of Vernon's performance hereunder
and shall pay any fees required therefore. City of Vernon further certifies to
immediately notify the City of any suspension, termination, lapses, non renewals
or restrictions of licenses, certificates, or other documents..
§408.. Nondiscrimination and Affirmative Action
City of Vernon shall comply with the. applicable nondiscrimination and affirmative
action provisions. of the laws of the United States of America, the State of
California, and the City. In performing this Agreement, City of Vernon shall not
discriminate in its employment practices against any employee or applicant for
employment because of such person's race, religion, national origin, ancestry,
sex, sexual orientation, age, physical handicap, mental disability, marital status,
domestic partner status or medical condition. City of Vernon shall comply with
Executive Order 11246, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CRF Part 60).
City of Vernon 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 $500 but not more than $5,000,
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the Equal Employment practices provisions of this Agreement shall be the
mandatory contract provisions set forth in Los Angeles Administrative Code
Section 10.8.3, in which event said provisions are incorporated herein by this
reference. If this Agreement contains a consideration in excess of $5,000, the
Affirmative Action Program of this Agreement shall be the mandatory contract
provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which
event said provisions are incorporated herein by this reference. City of Vernon
shall also comply with all rules, regulations, and policies of the City's Board of
Public Works, Office of Contract Compliance relating to nondiscrimination and
affirmative action, including the filing of all forms required by City.
If required, City of Vernon shall submit an Equal Employment Opportunity Plan
("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines
listed at http://www.ojp.usdoj.gov/ocr/eeop.htm,
Any subcontract entered into by the Contractor relating to this Agreement, to the
extent allowed hereunder, shall be subject to the provisions of this § 408.
§409. Los Angeles City Business Tax Registration Certificate
Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1,
Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is
not applicable.
§410. Bonds
Duplicate copies of all bonds which may be required hereunder shall conform to
City requirements established by charter, ordinance or policy and shall be filed
with the Office of the .City Attorney for its review in accordance with Los Angeles
Administrative Code Sections 11.47 through 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Section 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees by law,
for injury caused by a negligent or wrongful act. or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. City of Vernon
certifies that it has adequate self insured retention of funds to meet any obligation
arising from this Agreement. .
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§412. Conflict of Interest
A. The Contractor, covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract supported
(in whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
1 A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or..
I The participation of such person would be prohibited by the California
Political Reform Act, California Government Code §87100 et sea• if such
person were a public officer; because such person would have a "financial
or other interest" in the subcontract.
B. Definitions,
The term "immediate family" includes but is not limited to domestic partner
and/or those persons related by blood or marriage, such as husband, wife,
father, mother, brother, sister, son, daughter, father in law, mother in law,
brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract,
including a commission or fee, a share of the proceeds, prospect of
a promotion or of future employment, a profit, or any other form of
financial reward.
b. Any of the following interests in the subcontractor ownership: -
partnership interest or other beneficial interest of five percent or
more; ownership of five percent, or more of the stock; employment
in a managerial capacity; or membership on the board of directors
or governing body.
C. (This Section is left intentionally blank.)
D. The Contractor further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary, value from any
actual or potential subcontractor; supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any officer,
employee, or agent).
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E. The Contractor shall not subcontract with a former director, officer, or employee
within a one year period following the termination of the relationship between
said person and the Contractor.
F. Prior to obtaining the City's approval of any subcontract, the Contractor shall
disclose to the City any relationship, financial or otherwise, director indirect, of
the Contractor or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws of
the City of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
H. The Contractor warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
1. The Contractor covenants that no member, officer or employee of Contractor
shall have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his/her tenure as such employee, member or officer or for one year thereafter.
J. The Contractor shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and "sub
subcontractor" for "Subcontractor".
§413. Insurance (This Section is left intentionallly blank)
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250 et seq.).
§415. Statutes and Regulations Applicable To All Grant Contracts
A. City of Vernon shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. City of Vernon shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. City of Vernon shall comply with new, amended, or revised laws,
regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
1. Office of Management and Budget (OMB) Circulars
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City of Vernon shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB Circular
A-87 (Cost Principles for State, Local, and Indian Tribal Governments);
OMB Circular A-102 (Grants and Cooperative Agreements with State and
Local Governments); Common Rule, Subpart C for public agencies or
OMB Circular A-110 (Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and
Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for
Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Norr Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement, City of
Vernon shall adhere to the rules and regulations of the Single Audit Act,
31 USC Sec. 7501 et seq.; City Council action dated February 4, 1987
(C.F. No. 84 2259 S1); and any administrative regulation or field memos
implementing. the Act.
3. Americans with Disabilities Act
City of Vernon hereby certifies that it will comply with the Americans with
Disabilities Act 42, USC §§ 12101 et seg., and its implementing
regulations. City of Vernon will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance with the
provisions of the Americans with Disabilities Act. City of Vernon will not
discriminate against persons with disabilities nor against persons due to
their relationship to or association with a person with a disability. Any
subcontract entered into by the City of Vernon, relating to this Contract, to
the extent allowed hereunder, shall be subject to the provisions of this
paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be used for
any purpose designed to support or defeat any pending legislation or
administrative regulation. None of the funds provided pursuant to this
Agreement shall be usedfor any sectarian purpose or to support or benefit
any sectarian activity.
If this Agreement provides for more than $100,000.00 in grant funds or
more than $150,000 in loan funds, City of Vernon shall submit to the City a
Certification Regarding Lobbying and a Disclosure Form, if required, in
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accordance with 31 USC 1352. A copy of the Certificate is attached
hereto as Exhibit C. No funds will be released to City of Vernon until the
Certification is filed.
City of Vernon shall file a Disclosure Form at the end of each calendar
quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of any of the information contained in any
Disclosure Form previously filed .by City of Vernon. City of Vernon shall
require that the language of this Certification be included in the award
documents for all sub -awards at all tiers and that all subcontractors shall
certify and disclose accordingly.
5. Records Inspection
At any time. during normal business hours and as often as the City, the
U.S. Comptroller General and the Auditor General of the State of
California may deem necessary, City of Vernon shall make available for
examination all of its records with respect to all matters covered by this
Agreement. The City, the U.S. Comptroller General and the Auditor
General of the State of California shall. have the authority to audit,
examine and make excerpts or transcripts from. records, including all City
of Vernon's invoices, materials, payrolls, records of personnel; conditions
of employment and other data relating to all matters covered by this
Agreement.
City of Vernon agrees to provide any reports requested by the City
regarding performance of the. Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the City with respect to all matters covered on
file .for all documents specified in this Agreement. Original forms are to be
maintained.on file for all documents specified in this Agreement. Such
records shall be retained for a period of five (5) years after termination of
this. Agreement and, after final disposition of all pending matters. "Pending
matters" include, but are not limited to, an audit, litigation or other actions
involving records. The City may, at its discretion, take possession of,
retain and audit said records. Records, in their original form pertaining to
matters covered by this Agreement, shall at all times be retained within the
County of Los Angeles unless authorization. to remove them is granted in
writing by the City.
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7. Subcontracts and Procurement
Cityof Vernon -shall comply with the federal and City of Vernon 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.
City of Vernon shall ensure that the terms of this Agreement with the City
are incorporated into all Subcontractor Agreements. The City of Vernon
shall submit all Subcontractor Agreements. to the City for review prior to
the release of an funds to the subcontractor. The City of Vernon shall
withhold funds to any subcontractor agency that fails to comply with the
terms and conditions of this Agreement and their respective Subcontractor
Agreement.
8. Labor
City of Vernon shall comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for
merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit
System Personnel Administration (5 C.F.R. 900, Subpart F).
City of Vernon shall comply, as applicable, With the provisions of the
Davis -Bacon Act (40 U.S.C-. §§276a to 276a-7), the Copeland Act (40
U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally -assisted construction subagreements, and. the Hatch Act (5 USC
§§1501-150.8 and 7324-7328).
City of Vernon shall comply with the Federal Fair Labor Standards Act (29
USC § 201) regarding wages and hours of employment.
None of the funds shall be used to promote or deter Union/labor
organizing activities. CA Gov't Code Sec. 16645 et se4.
9. Civil Rights
City of Vernon shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) The Age
Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which
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prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to non-discrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being
made; Q) the requirements of any other nondiscrimination statutes) which
may apply to the application; and (k) P.L. 93-348 regarding the protection
of human subjects involved in research, development, and related
activities supported. by this award of assistance.
10. Environmental
City of Vernon shall comply, or has already complied, with the
requirements of Titles. II and III of the Uniform relocation Assistance_ and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide
for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally -assisted programs. These
.requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
City of Vernon shall comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969
(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to
State (Clean Air) Implementation Plans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended (P.L. 93-523); (h) protection of endangered species
under the Endangered Species Act of 1973, as amended (P.L. 93205);
and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
City of Vernon shall comply with the Wild and Scenic Rivers Act of 1968
(16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
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City of Vernon shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C..§§4801 et seq.) which prohibits the use of lead -
based, paint in construction or rehabilitation of residence structures.
City of Vernon shall comply with the Federal Water Pollution Control Act.
(33 U.S.C. § 1251 et seq.) which restores and maintains the chemical,
physical and biological integrity of the Nation's waters.
City of Vernon shall ensure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of this project
are not listed in the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
By signing this Agreement, City of Vernon ensures that it is in compliance
with the California Environmental Quality Act (CEQA), Public Resources
Code §21000 et sea. and is not impacting the environment negatively.
City of Vernon shall comply with the Energy Policy and Conservation Act
(P.L. 94-163, 89 Stat. 871).
City of Vernon shall comply, if applicable, with the provision of the Coastal
Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et. seq.) which prohibits the expenditure of.most new Federal .funds
within the units of the Coastal Barrier Resources System.
11. Preservation
City of Vernon shall comply with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological
and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
12. Suspension and Debarment
City of Vernon shall comply with Federal Register, Volume 68, Number
228, regarding Suspension and Debarment, and City of Vernon shall
submit a Certification Regarding Debarment required by Executive Order
12549 and any amendment thereto. Said Certification shall be submitted
to the City concurrent with the execution of this Agreement and shall
certify that neither City of Vernon nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any federal department
head or agency. City of Vernon shall require that the language of this
Certification be included in the award documents for all sub -award at all
tiers and that all subcontractors shall certify accordingly.
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13. Drug -Free Workplace
City of Vernon shall comply with the federal Drug -Free Workplace Act of
1988, 41 USC §701, 28 CFR Part 67; the California Drug -Free Workplace
Act of 1990, CA Gov't Code §§ 8350-8357.
14. Miscellaneous
City of Vernon shall comply with the Laboratory Animal Welfare Act of
1966, as amended (P.L. 8.9-544, 7 USC §§2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
City of Vernon shall comply with all applicable requirements of state and federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular grant program. City
Of Vernon shall comply with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Agreement. These requirements
include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Part 66; E0.12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of
the Comptroller, Financial Guide; U.S. Department of Homeland Security,
Office of State and Local Government Coordination .and Preparedness,
Office for Domestic Preparedness, Urban Areas Security Initiative Grant
Program 11, ODP WMD Training Course Catalogue; and DOJ Office for
Civil Rights.
Standardized. Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code
Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-
2448.
Provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal
Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 35, Nondiscrimination
on the Basis of Disability in State and Local Government.Services; Part
38, Equal Treatment of Faith -based Organizations; Part 42,
Nondiscrimination/Equal employment Opportunities Policies and
Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Weland
Protection Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to federal
Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70,
Uniform Administrative Requirements for Grants and Cooperative
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Agreements (including sub -awards) with Institutions of Higher Learning,
Hospitals and other Non -Profit Organizations; and Part 83, Government -
Wide Requirements for a Drug Free Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 USC 3789(d), or the .Juvenile Justice
and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1, and all
other applicable federal laws, orders, circulars, or regulations.
2. Travel Expenses
City of Vernon as provided herein shall be compensated for City of
Vernon's reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
City of Vernon's total travel for in -State and/or out -of -State and per diem
costs shall be included in the contract budget(s). All travel including out -
of -State travel not included in the budget(s) shall not be reimbursed
Without prior written authorization from the Mayor's Office.
City of Vernon's administrative -related travel and per diem reimbursement
costs shall be reimbursed based on the City of Vernon's policies and
procedures. For programmatic -related travel costs, City of Vernon's
reimbursement rates shall not exceed the amounts established by the
State Department of Personnel Administration Rules and Regulations,
PML 97-024, Section 599.619, dated July 1, 1997 and Section 599.631,
and as amended from time to time.
3. Noncompliance
City of Vernon understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant
funds, and repayment by City of Vernon to City of any unlawful
expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the City to sign certain promises regarding the way the Grant Funds would
be spent ("Grant Assurances"), .attached hereto as Exhibit E, By signing
these Grant Assurances, the City became liable to the Grantor for any funds
that are used in violation of the grant requirements. City of Vernon shall be
liable to the Grantor for any funds the Grantor determines that City of Vernon
used in violation of these Grant Assurances. City of Vernon shall indemnify
and hold harmless the City for any sums the Grantor determines City of
Vernon used in violation of the Grant Assurances.
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§416. Federal. State and Local Taxes
Federal, State and local taxes shall be the responsibility of City of Vernon as an
independent party and not as a City employee.
§417. Inventions. Patents and Copyrights
A. Reporting Procedure for. Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation, processes
and business methods made in the course of work under this Agreement, the
Contractor shall report the fact and disclose the Invention promptly and fully to
the City. The City shall report the fact and disclose the Invention to the Grantor.
Unless there is a prior agreement between the City and the Grantor, the Grantor
shall determine whether to seek protection on the Invention. The Grantor shall
determine how the rights in the Invention, including rights under any patent
issued thereon, will be allocated and administered in order to protect the, public
interest consistent with the policy ("Policy") embodied in the Federal Acquisition
Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 206 et
seq. (Pub. L. 95-517, Pub. L. 98=620, 37 CFR part 401_); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive
Departments and Agencies, dated 2/18/1983); and Executive Order 12591,
4/10/87, 52 FIR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive
Order 12618, 12/22/87, 52 FIR 48661, 3 CFR, 1987 Comp., p. 262). Contractor
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -
free license, to use, manufacture, improve upon, and allow others to do so for all
government purposes, any Invention developed under this Agreement.
C. Copyright Policy
1: Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material (Material) is developed under this
Agreement, the author or the City, at the City's discretion, may copyright
the Material. If the City declines to copyright the Material, the City shall
have an unencumbered right, and a non-exclusive, irrevocable, royalty -
free license, to use, manufacture, improve upon, and allow others to do so
for all government purposes, any Material developed under this
Agreement.
2. The Grantor shall have an unencumbered. right, and a non-exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon, and
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5/07
allow others to do so for all government purposes, any Material developed
under this Agreement or.any Copyright purchased under this Agreement.
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce; prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. obligations Binding on Subcontractors
Contractor shall require all subcontractors tocomply with the obligations of this section
by incorporating the terms of this section into all subcontracts.
§418. Earned Income Tax Credit
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§419. Equal Benefits Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§420. Contractor Responsibility Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of the Contractor Responsibility Ordinance (CRO), Section
10.40 et sea., of Article 14, Chapter 1 of Division 10 of the Los Angeles
Administrative Code.
§421. Slavery Disclosure Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles
Administrative Code.
§422. Child Support Assignment Orders
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the Child Support Assignment Orders Ordinance, Section 10.10 of the Los
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Angeles Administrative Code. City of Vernon shall comply with California Family
Code Section 5230 et seq. as applicable.
§423. Minority, Women, And Other Business Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all Contractor contracts, including
procurement, construction and personal services. This policy applies to all
Contractors and Sub -Contractors.
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V
DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS
§501. Defaults
Should City of Vernon fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
City reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§502. (This Section is left intentionally blank.)
§503. (This Section is left intentionally blank.)
§504. (This Section is left intentionally blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by City of Vernon, and any increase or decrease in the amount of
compensation which are agreed to by the City and City of Vernon shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
City of Vernon agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
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VI
ENTIRE AGREEMENT
§601. Coml2lete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes twenty-eight (28) pages and
thirteen (13) Exhibits which constitute the entire.understanding and agreement of
the parties.
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IN WITNESS WHEREOF, the City and City of Vernon have caused this Agreement
to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For:
THE CITY OF LOS ANGELES
ROCKARD J. DELGADILLO, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By
Deputy City Attorney
By
Antonio R. Villaraigosa, Mayor
Date
Homeland Security and
Date
Public Safety, Mayor's Office
ATTEST:
FRANK T. MARTINEZ, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For:
City of Vernon,
a municipal corporation
By
City Attorney
By
Date
Date
ATTEST:
By
City Clerk
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number
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EXHIBIT A
INSURANCE
(Not applicable to this Agreement.)
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION,, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by.the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants'
responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transactionby
any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify
to any of the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The. prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal
assistance. funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction, "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction; unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
EXHIBIT .0
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any.
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the'required certification shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for
each such failure.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
EXHIBIT D
THIS SECTION IS LEFT INTENTIONALLY BLANK
EXHIBIT E
GRANT ASSURANCES
Name of Applicant:
Address:
City:
Telephone Number:
Fax Number:
E-Mail Address:
Office of Homeland Security
Grant Assurances
(All Applicants)
State: Zip Code:
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for federal. assistance, and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the federal Department of Homeland Security and sub -granted through the State of California.
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs.
3. Will give the federal government, the General Accounting Office, the Comptroller General of the
United States, the State of California, through any authorized representative, access to and the
right to. examine all paper or electronic records, books, papers, or documents related to the award;
and will establish a proper accounting system in accordance with generally accepted accounting
standards or awarding agency directives.
4. Will provide progress reports and such other information. as may be required by the awarding
agency.
5. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain for themselves or others, particularly those with whom they have family, business or other
ties.
FY06 Homeland Security Grant Program Page 43
7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
residence structures. Will comply with all federal statues relating to nondiscrimination. These
include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and
1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which
prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which
prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to
nondiscrimination on the basis of drug abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism. Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 9.1-616),. as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28,.CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which application
for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the requirements of Titles II and III of the Uniform .
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.
(P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally assisted. programs. These requirements
apply to all interested in real property acquired for project purposes regardless of federal
participation in purchases,
9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase. flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
10. Will comply with environmental standards which may be prescribed pursuant to the following:
a. institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order,(EO) 11514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with EO 11988;
e. assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
f. conformity of federal actions to State (Clean Air) Implementation Plans under Section
FY06 Homeland Security Grant Program Page 44
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
g. protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended, (P.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of 1973, as amended,
(P.L. 93-205).
i. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-1.5007.
11. Will. comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation
of historic properties), and the Archaeological and Historic Preservation. Act of 1974 (16 U.S.C.
469a-I et seq).
13. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
14. Has requested through the State of California, federal financial assistance to be used to perform
eligible work approved in the applicant's application for federal assistance. Will, after the receipt
of federal financial assistance, through the State of California, agree to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federator state government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to.
the amount of the reduction will be promptly refunded to the State of California.
c. Separately account for interest earned on grant funds, and will return all interest earned, in
excess of $100 per federal fiscal year.
15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
16. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-.1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded
in whole or in part with federal funds.
17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 8.9-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment .of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
FY06 Homeland Security Grant Program Page 45
19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees ofinstitutions of higher education,
hospitals, and other non-profit organizations.
20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor
standards for federally assisted construction sub -agreements.
21. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
22. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any federal grant,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be paid to any
person .for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member of
Congress in connection with the federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under grants
and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and
disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a .prerequisite
for making or entering into this transaction unposed 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 than $10,000 and not more than $100,000 for each such failure.
23. Agrees that equipment acquired or obtained with grant funds:
a. Will be made.available under the California Disaster and Civil Defense Master Mutual Aid
Agreement in consultation with representatives of the various fire, emergency.medical,
hazardous materials response services, and law enforcement agencies within the
jurisdiction of the applicant.
b. Is consistent with needs as identified in the State Homeland Security. Strategy and will be
deployed in conformance with that Strategy.
c. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of
such equipment in a manner consistent with the .California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan.
FY06 Homeland Security Grant Program Page 46
24. Agrees that funds awarded under this grant will be used to supplement existing funds for program
activities, and will not supplant (replace) non-federal funds.
25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-21, A-87, A102,'A-1 10, A-122, and A-133, E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in
Title 28, Code of federal Regulations, Part 66 or 70, that govern the application, acceptance and
use of Federal funds for this federally -assisted project.
26. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice
Programs Financial and Administrative .Guide for Grants, M7100.1., and all other applicable
Federal laws, orders, circulars, or regulations.
27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including
a. Part 18, Administrative Review Procedures;
b. Part 20, Criminal Justice Information Systems;
c. Part 22, Confidentiality of Identifiable Research and Statistical Information;
d. Part 23, Criminal Intelligence Systems Operating Policies;
e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government
Services;
g. Part 38, Equal Treatment of Faith -based Organizations;
h. Part 63, Floodplain Management and Wetland Protection Procedures;
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures;
j. Part 61, Procedures for Implementing the National Environmental Policy Act;
k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federallaws or
regulations applicable to. Federal Assistance Programs.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
m. Part 67, Government -Wide Debarment and Suspension (Non -Procurement)
n. Part 69, New Restrictions on Lobbying
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub -awards) with Institutions of Higher Learning, Hospitals and other
Non -Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants)
28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA)
list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a. facility
to be used in the project is under consideration for listing by the EPA.
FY06 Homeland Security Grant Program Page 47
29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
30. Will, in the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of
the finding to the Office of Civil Rights, Office of Justice Programs.
31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
32. Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide.
33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348)
dated October 19, .1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
34, Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
35. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
36, As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67,
Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally.or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of .the offenses
enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year
period preceding this application had one or more public transactions (Federal, State, or
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application.
FY06 Homeland Security Grant Program Page 48
38. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart -
F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession; or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an on -going drug -free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available. drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer. in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted
(1) 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
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
FY06 Homeland Security Grant Program Page 49
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with
the above certifications.
The undersigned represents that he/she is authorized by the. above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent.
Printed Name of Authorized Agent:
Title:
FY06 Homeland Security Grant Program
Date:
Page 50
EXHIBIT F
EQUIPMENT LEDGER
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EXHIBIT G
ALLOWABLE COST MATRIX
J.
APPENDIX D — ALLOWABLE COST MATRIX
Table 13 — FY 2006 Allowable Cost Matrix
D-1
Personal Protective Equipment y �r y
1;
1,
x, 1; y
Y
Explosive Device Mitigation and Remediation
Equipment Y Y .Y
Y, Y 'Y
Y Y
CBRNE Operational Search and Rescue Equipment
Y :Y Y
.Y.
Y Y. Y.
Y Y
Information Technology
Y Y Y
Y Y Y
V :Y Y
Y Y. Y
Y
Cyber Security Enhancement Equipment
Y Y: y
Y.; : y y
y y :Y
Y
interoperable Communications Equipment
Y. y Y
y y
y y I;
1, y �,
Y
Detection Equipment
Y Y
Y Y
Y Y Y
Y Y
Y
Decontamination Equipment
Y
Y
Y Y
Y• Y Y
Y
Medical Supplies and Limited PharmaceuticalsH4Y1Y1"Y1Y
y
y Y y
y y
X Y X
Power Equipment
y y
y y
CBRNE Reference Materials
y y y
Y Y. ,Y
Y Y.
y y
y
y
CBRNE Incident Response Vehicles
Y Y Y
Y X
Y Y
V Y
Terrorism Incident Prevention Equipment
Y Y Y
Y Y Y
Y Y
Physical Security Enhancement Equipment
Y Y y
y
Y y Y
Y
Inspection and Screening Systems
y y y_
y
y Y
Y
Agriculture Terrorism Prevention, Response and
Mitigation Equipment
Y Y
Y
CBRNE Response Watercraft
y y y
Y Y Y
y
CBRNE Aviation Equipment
y Y.
CBRNE Logistical Support Equipment Id y I y
_y y
y 1'
Y Y
Intervention Equipment. Y y I -Y
VT
y Y
.Y
Other Authorized Equipment
Overtime and backfill for emergency preparedness and
response personnel attending G&T-sponsored and Y Y Y
Y Y Y
Y y
y y
approved training classes
Overtime and backfiil expenses for part-time and
volunteer emergency response personnel. participating
`Y Y Y'
Y Y Y
.Y Y
Y. Y
In G&T train ing
`Y
Training workshops and conferences X Y Y
Y >X Y
Y
Y Y, Y
Y
Full- or part-time staff or contractors/consultants y Y y,
y y y
.y. Y .Y
Y Y.
y
:Y
Y
Travel Y ,Y Y
Supplies
Y Y Y
Y Y
Y Y Y
Y
Y
V. Y Y
Other items
Y Y' Y
Y YIN
Y 'Y
Y
Y
Y Y Y
Allowable Exercise Related Costs V,
Y Y. Y
Y Y
Y. y
WWI
to
D-2
Exercise planning workshop Y
`Y
Y'
Y
Y
X
Y.
X.
Y
Full- or part-time staff or contractors/cwnsultants y
y
,y,
, y
Y
_ - Y'
.y
Y
Y
Overtime and backfill costs including expenses for
part-time and volunteer emergency response personnel X.
Y
Y
Y
X
Y
Y
participating in G&T exercises
.Y
Travel Y Y
Supplies
Y]
Y
Y Y"Y
y
y
Y :Y
Other items Y Y
Y
Y-
Y
.;Y
:Y Y
Y
Y.
Y
y
Hiring of full- or part-time staff or
contractors/consultants to assist with the management
of HSGP, implementation of State Homeland Security Y y
Y
Y
y .y
y y
Y
Strategy, application requirements, compliance with
reporting and data collection requirements
Development of operating plans for information
collection and processing necessary to respond to G&T
Y
Y
Y
,Y
Y
Y
Y
Y
y
Data calls
Overtime and backfill costs
Y
Y
y
yY.
Travel
Meeting related expenses
Y
X
Y
Y
Y
y
Y.
Y
Y
y
Y
Y
Y
Y
y
Y-
Y
Y
Y
Authorized office equipment
y
Y.
y
Y.
y
Y
y
Y
Y Y
y
Recurring expenses such as those associated with cell
phones and faxes during the period of performance of
Y
Y
Y
Y
y
Y
Y
Y
the Grant Pro ram
Leasing or renting of space for newly hired personnel
durin the period of performance of the Grant Program
Y
Y
Y
Y
Y
Y
y
D-3
Costs outlined in the following table are NOT allowed unless designated by a "#". Those
designated by a "' are only allowable in a limited capacity. Check the specific program
guidance for detailed information.
Unauthorized Progi 'am Expeii(littires
General use software, computers and related equipment,
' 4
:.•
vehicles, licensing fees
Weapons and Ammunition
Construction and Renovation
(ONLY renovation is allowable in highlighted
;
programs)
Hiring of public safety personnel for the purpose of
fulfilling traditional public safety duties
Activities unrelated to the completion and
J
implementation of HSGP
*
it
Other items not in accordance with the AEL or
Previously listed allowable costs
D-4
EXHIBIT H
AUTHORIZED TRAINING
T
FY 2006 HOMELAND SECURrrY GRANT PROGRAM - DECEMBER 2, 20DS
CA Training
FY 2006 UASI funds may be used to enhance the capabilities of State and local emergency
Preparedness and response personnel through development of a State homeland security training
program. Allowable. training -related costs include:
1. Establishment of support for, conduct of, and attendance at preparedness training
Programs within existing training academies/institutions, universities, or junior colleges.
Preparedness training programs are defined as those programs related to prevention,
protection, response, and Or recovery from natural, technical, or manmade catastrophic
incidents, supporting one or more Target Capabilities in alignment with national priorities
as stated in the Goal. Examples of such programs include but are not limited to CBRNE
terrorism, critical infrastructure protection; cyber security, and citizen preparedness.
2. Overtime and backfill costs associated with. attendance at G&T-sponsored and approved
training courses. UASI funding may also be used for training citizens in awareness,
prevention, protection, response, recoveryskills
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANnAM TRAHNG
84
EXHIBIT I
AUTHORIZED EXERCISES
FY 2006 HOMELAND SECURITY GRANT PROOPAM- DECEMBER 2, 2005
C.5. Exercises
All Urban Areas are required to develop a Multi -year Exercise Plan and submit it to G&T on an
annual basis. While Urban Area specific, this elan must tie into the Multi -year Exercise Plan
developed by the State, and be in line With the Urban Area Homeland Security Strategy. Further,
Urban Areas are encouraged to develop a Multi -year Plan and Schedule that takes into
consideration anticipated training needs of the Urban Area for at least the immediate year, with exercises being timed to provide responders the opportunity to utilize training received. This
combined schedule should also ensure that training and exercises complement each other. An
example of a combined Multi -year Training and Exercise Plan can be found at the HSEEP
Website or G&T Secure Portal. Further guidance concerting EPWs can be found in the HSEEP
volumes,
Urban Areas, are eligible to apply for exercise direct support, but must do so
the SAA. in coordination with
PREPAREDNESS DIRECTORATE'S OFFICE OF ORANTS AND TRAININO 84
85
EXHIBIT J
AUTHORIZED PLANNING
PY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005
C. Authorized Program Expenditures
Allowable expenditures for the FY 2006 UAST program comport with FY 2006 SHSP (except
for the use of funds for operational costs). Please refer to Appendix D for a summary of
authorized and unauthorized UAST expenditures.
CA. Planning
Urban Areas may use FY 2006 UASI funds for multi -discipline planning efforts to prioritize
needs, update preparedness strategies, allocate resources, and deliver preparedness programs.
These efforts include the collection and analysis of intelligence and information and the
development of policies, plans, procedures, mutual aid agreements, strategies, and other
publications that comply with relevant laws, regulations, and guidance necessary to perform
assigned missions and tasks. It is explicitly permissible to use planning funds to hire government
and/or contractor personnel to conduct planning activities described here.
Similar to SHSP, FY 2006 UASI funds may be used for a range of homeland security planning
,activities, such as:
Developing and implementing homeland security support programs and adopting DNS
national initiatives including but not limited to the following:
o Implementing the National Preparedness Goal and Guidance.
o Implementing and adopting NIMS.
o Modifying existing incident management and Emergency Operating Procedures
(EOPs) to ensure proper alignment with the NRP coordinating structures,
processes, and protocols.
o Establishing or enhancing mutual aid agreements.
o Developing communications. and interoperability protocols and solutions.
o Conducting local, regional, and Tribal program implementation meetings.
o Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the NIC.
o Designing State and local geospatial data systems.
o Conducting public education and outreach campaigns, including promoting
individual, family and business emergency preparedness; alerts and warnings
education; and evacuation plans.
Developing related terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery.
o Multi -discipline preparation across first responder community, including EMS for
response to catastrophic events and acts of terrorism.
o Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils.
o Citizen Corps volunteer programs and other activities to strengthen citizen
participation.
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING so
FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005
o Conducting public education campaigns, including promoting individual, family.
and business emergency preparedness; promoting the Ready campaign; and/or
creating State, regional or local emergency preparedness efforts that build upon
the Ready campaign.
o Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites.
o. CIP cost assessments, including resources (financial, -personnel, etc.) required for
security enhancements/deployments.,
Developing and enhancing plans and protocols, including but not limited to:
o Developing or enhancing EOPs and operating procedures.
o Developing terrorism prevention/deterrence plans.
o Developing plans, procedures, and requirements for the management of
infrastructure and resources related to HSGP and implementation of State or
Urban Area Homeland Security Strategies.
o Developing or enhancing border security plans.
o Developing or enhancing cyber security plans.
o Developing or enhancing cyber risk mitigation plans.
o Developing or enhancing agriculture/food security risk mitigation, response, and
recovery plans.
o Developing public/private sector partnership emergency response, assessment,
and resource sharing plans.
o Developing or updating local or regional communications plans.
o Developing plans to support and assist special needs jurisdictions, such as port
authorities and rail and mass transit agencies.
o Developing or enhancing continuity of operations and continuity of government
plans.
o Developing or enhancing existing catastrophic incident response and recovery
plans to include and integrate Federal assets provided under the NRP.
o 'Developing or enhancing evacuation plans.
o Developing or enhancing citizen surge capacity.
Developing or conducting assessments, including but not limited to:
o Conducting point vulnerability assessments at critical infrastructure sites/key
assets and developing remediation/security plans.
o Conducting cyber risk and vulnerability assessments.
o Conducting assessments and exercises of existing catastrophic incident response
and recovery plans and capabilities to identify critical gaps that cannot be met by
existing localand State resources.
o Activities that directly support the identification of specific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law,
enforcement, fire, EMS, public health, behavioral health, public works,
agriculture, information technology, and citizen preparedness).
o Activities that directly support the identification and advance preparation of pre -
designated temporary housing sites.
PREPAREDNESS DIREC'1.ORATE'S OFFICEOF GRANTS AND TRAINING 81
EXHIBIT K
AUTHORIZED ORGANIZATIONAL ACTIVITIES
FY 2006 11OMP.LAND SECURITY GRANT PROGRAM -DECEMBER 2, 2005
C.2. Oreanization
States and Urban Areas may use FY 2006 UASI funds to support select organization activities.
States and Urban Areas must justify proposed expenditures of UASI funds to support
organization activities within their Investment Justification submission using. historical data and
other analysis to substantiate their proposals. No more than 25 percent of the gross amount of
the allocation for this program may be used for operational expenses and overtime costs for the
three (3) operational activities noted below.
1. Operational overtime costs associated with increased security measures at critical
infrastructure sites during periods of DHS-deblared heightened alert.
UASI: Up to 25 percent of FY 2006 funds may be used in UASI jurisdictions.
• Of this amount, up to 10 percent may be used for costs incurred during Code Yellow
or Orange.
• The remaining 15 percent may be used for costs incurred only during Code Orange.
• Operational overtime costs incurred at National Special Security Events (NSSEs) in
UASI jurisdictions, as designated by the Secretary of Homeland Security, are also
allowed.
• States with UASI jurisdictions can use funds retained at the State level to reimburse
eligible operational overtime expenses incurred by the State (up to a maximum of 25
percent of the State share of the UASI grant). However, those activities must directly
support increased security measures enacted in the UASI jurisdictions. States should
be judicious in the use of Federal grant funds when protecting critical infrastructure
and should leverage public/private partnerships: States should also consider the use
of private assets in the protection of private facilities.
In support of these efforts for enhanced capabilities of detecting, deterring, disrupting, and
preventing acts of terrorism, costs eligible for reimbursement under this policy are identical to
those deemed allowable under previous Code Orange alerts. Therefore, subject to the conditions
stated above, States and local governments may use FY 2006.UASI funds to support select
operational expenses associated with increased security measures at critical infrastructure sites in
the following authorized categories:
• Backfill and overtime expenses for staffing State or local emergency operations centers
(EOCs)
• Hiring of contracted security for critical infrastructure sites
• Public safety overtime
• National Guard deployments to protect critical infrastructure sites, including all resources
that are part of the standard National Guard deployment package
• Increased border security activities in coordination with CBP as outlined in I.nformation
Bulletin #135.17
17 Proposed operational activities should emphasize those measures that will increase bordersecurityin direct
coordination with CBP personnel. State, local, and Tribal law enforcement personnel may provide increased
enforcement presence by generally increasing their patrol presence at the border; by providing additional traffic
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 82
FY 2006 HOMELAND SECURITY GRANT PROGRAM— DFCEMBER 2, 2005
Consumable costs, such as fuel expenses, are not allowed except as part of the standard
National Guard deployment package.
2. Overtime costs are allowable for personnel to participate in information, investigative, and
intelligence sharing activities specifically related to homeland security. This includes
activities such as anti -terrorism task forces, Joint Terrorism Task Forces (JTTF), Area
Maritime Security Committees (as required by the Maritime Transportation Security Act of
2002), and Terrorism Early Warning (TEW) groups.
3. Grant funds may be used towards the hiring of new staff and/or contractors to serve as
intelligence analysts to support information/intelligence fusion capabilities. In order to be
hired as an Intelligence Analyst, staff and/or contractor personnel must have successfully
completed training to ensure baseline proficiency in intelligence analysis and production.
Furthermore, costs associated with hiring new intelligence analysts are allowable only for the
period of performance of the FY 2006 UASI and LETPP programs. Upon close-out of the
FY 2006 grants, States and Urban Areas shall be responsible for supporting the sustainment
costs for those intelligence analysts.
The International Association ofLaw Enforcement Intelligence Analysts' (IALEIA)
Educational Standard # 7 (page 14 of the IALEIA Analytic Standards booklet) provides
standards on the categories of training needed for intelligence analysts. These include
subject -matter expertise, analytic methodologies, customer -service ethics, information
handling and processing skills, critical thinking skills, computer literacy, and objectivity and
intellectual honesty. Successful completion the following courses satisfies the intelligence
analyst training requirement:
Intelligence. Analyst Training Program (FLETC).
Foundations of Intelligence Analysis Training (International Association of Law
Enforcements Intelligence Analysis).
Additional courses are being identified and will be shared as soon as possible. A certificate
of completion of such training must he on file with the SAA and should be made available
to Preparedness Officers upon request upon the hiring of personneL
control support at the border and at border patrol.traffic checkpoints; and by enhancing their participation in the
Integrated Border Enforcement Teams. This policy does not result in a change or extension of Federal authority to
State, Tribal, or local law enforcement agencies to enforce Federal immigration laws. If Federal immigration
violations are encountered, consistent with current practices, State, local, and Tribal agencies may refer those
violations to CBP authorities for appropriate action. No funds may be obligated or drawn down in support of these
activities without HQ-CBP approval of operational plans and without submission to and approval by G&T of budget
detail worksheets. State, local, and Tribal law enforcement agencies shall not use this funding to supplant routine
patrol and law enforcement operations or activities in order to perform other activities not directly related to
providing an enhanced law enforcement presence.
PREPAREDNESS DIRECTORATE'S OFPICE OF GRANTS AND TRAINING 83
EXHIBIT L
REIMBURSEMENT REQUEST FORM
CITY OF LOS ANGELES
URBAN AREA SECURITY INITI IVE GGR N°
Reimbursement Request Fort
Rachel Tkata
mayors Offim, of Homeland Security rind Public Saflety
200 N, Spring S!,. Roorn iik4 175A
Los Angeles, CA90012
Phone: 213.978.0701
Fax: 213.978,0718
UASI �:Y03 Part 1 Cl UASI FY04 Ej
UASI FY03 ?art 2 W UAS] FYG5 Q .
Core City:
Requesting Acgoncy:
Reimburserneni Period: tr7
Prepared By:
Phone No.:
Please mark this boxto iridlcate final
request for relrnbursement L-J
This re'l-Mbursement claim is in olr respea,s true, correct, and all expenditures were made-` in arccrdarice
with applicable laves, miles, regulations, and gran' condif ons and assurances, In addition.. this claim
is for cosi incurr-ed within the Grant Performance Period. Also, aff supporting documania0an related to
these expenditures will be ratained in accordance with �f: anP guidelines.
Authorized De art€ ontApproval: Please Remit Payment to:
Print Name Name
Address
Sii)nat,:rn. DateCity Si3t0 �;;
Phone No. (extension) Fax No. Reference No,
C-m ii Address
To he corn is o 'rtinailt
1311WE5 Reirnbursement Request Sy:_...___.._._--........ _...
�_
DHISIOES ReirnbucB nlent Rwu ivek_.._.. _.__...--.__ cash Receipt No,, ;,,,,,
Truster to Depart Date —�....._�_JV No ........ .�.._.. W_ _....
EXHIBIT M
PURCHASING DETAIL WORKSHEET
b
c M 11 Tj M
�oF tios,q,I,�
F
�DGNDED ��$
OFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
February 12, 2008
Manuela Giron, City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Re: Executed Agreement FY 2006 UASI - City of Los Angeles/City of Vernon
Dear Ms. Giron,
Please find enclosed one (1) original copy of the fully executed Agreement between the
City of Los Angeles and the City of Vernon in connection with the Urban Areas Security
Initiative grant award for 2006.
If you have any further questions please contact me at (213),978-0707 or
Eve. LaDueglacity. ors.
Very truly yours,
Ev aDue
Office of the Mayor
Homeland Security and Public Safety
EL/jwu
Encl,
200 N-ORTH SPRING STREET • Los ANGELES, CALIFORNIA 90012 -
PHONE: (213) 978-0600 • FAX: (213) 978-0750 10
EMAIL: MAYOR@LACITY.ORG
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: February 19, 2008
TO: Mark Whitworth, Fire Chief
FRO Nelly Giron, City Clerk
RE:Int RESOLUTION NO. 9456 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the
Execution of an Agreement By and Between the City of
Vernon and the City of Los Angeles Regarding the Use
of 2006 Urban Areas Security Initiative Grant Funds
Transmitted herewith is a copy of Resolution No. 9456, as
referenced above, which was approved by City Council on November
6, 2007, and a copy of the fully executed agreement.
Thank you.
NG:dr
c: Sharon^Duckworth
Resolution No. 9456
Agreement 07-129
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL 'Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included. in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for snaking or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for each
such failure.
AGREEMENT NUMBER
City of Vernon
CONTRACTOR/BORROWER/AGENCY
Eric T. Fresch, City Administrator
NAME AND TITLE OF AU HORIZED REPRESENTATIVE
January 8, 2008
SIGNATURE ' DATE
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
AGREEMENT NUMBER
City of Vernon
CONTRACTOR/BORROWER/AGENCY
Eric T. Fresch, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
January 8, 2008
SIGNATURE l DATE
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal assistance
funds learns that its certification was erroneous, when submitted or has become erroneous by reason of
changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, -suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or
Non -Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
AGREEMENT
Contractor: City of Vernon
City Contract Number c— / � 3 / LD
TABLE OF CONTENTS
Section Description Page
INTRODUCTION
§101. Parties to the Agreement 5
§102. Representatives of the Parties and Service of Notices 5
§103. Independent Party 6
§104. Conditions Precedent to Execution of this Agreement 6
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance 7
§202. Use of Grant Funds 7
§203. This Section is Left Intentionally Blank 7
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment 10
IV
STANDARD PROVISIONS
§401.
Construction of Provisions and Titles Herein
11
§402.
Applicable Law, Interpretation and Enforcement
11
§403.
Integrated Agreement
11
§404.
Excusable Delays
11
§405.
Breach
12
§406.
Prohibition Against Assignment or Delegation
12
§407.
Permits
12
§408.
Non Discrimination and Affirmative Action
12
§409.
Los Angeles City Business Tax Registration Certificate
13
UASI 06 Gov't PSA I 5/07
Vernon
TABLE OF CONTENTS
Section Description Page
§410.
Bonds
13
§411.
Indemnification
13
§412.
Conflict of Interest
14
§413.
Insurance (This Section is Left Intentionally blank)
15
§414.
Restriction on Disclosures
15
§415.
Statutes and Regulations Applicable to All Grant Contracts
15
§416.
Federal, State, and Local Taxes
23
§417.
Inventions, Patents and Copyrights
23
§418.
Earned Income Tax Credit
25
§419.
Equal Benefits Ordinance
25
§420.
Contractor Responsibility Ordinance
25
§421.
Slavery Disclosure Ordinance
25
§422.
Child Support Assignment Orders
25
§423.
MBE/WBE
V
DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS
§501. Defaults 26
§502. This Section is Left Intentionally Blank 26
§503. This Section is Left Intentionally Blank 26
§504. This Section is Left Intentionally Blank 26
§505. Amendments 26
VI
ENTIRE AGREEMENT
§601. Complete Agreement 27
§602. Number of Pages and Attachments 27
Execution (Signature) Page 28
UASI 06 Gov't PSA jj 5/07
Vernon
EXHIBITS
Exhibit A
Insurance (Not applicable to this Agreement)
Exhibit B
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C
Certification Regarding Lobbying
Exhibit D
This Section is Left Intentionally Blank
Exhibit E
Grant Assurances
Exhibit F
Equipment Ledger
Exhibit G
Allowable Cost Matrix
Exhibit H
Authorized Training
Exhibit I
Authorized Exercises
Exhibit J
Authorized Planning
Exhibit K
Authorized Organizational Activities
Exhibit L
Reimbursement Request Form
Exhibit M
Purchasing Detail Worksheet
UASI 06 Gov't PSA III 5/07
Vernon
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS AGREEMENT is made and entered into by and between the City of Los
Angeles, a municipal corporation (the "City,"), and City of Vernon, a municipal
corporation (the "City of Vernon" or "Contractor").
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"),
through the Office of Grants and Training (G&T), has provided financial assistance
directly to selected jurisdictions through the Fiscal Year (FY) 2006 Urban Areas Security
Initiative ("UASI 06"); and
WHEREAS, this financial assistance is administered by the City of Los Angeles
and is overseen by the California Office of Homeland Security (OHS); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Los Angeles/Long Beach Urban Area ("LA/LBUA") consists of
the City of Los Angeles, the City of Long Beach, the unincorporated area of the County
of Los Angeles, and 27 participating jurisdictions, including City of Vernon); and
WHEREAS, the G&T awarded a UASI 06 Grant of $64,448,000 ("Grant Funds")
to the City of Los Angeles, as a Core City, for use in the LA/LBUA; and
WHEREAS, the City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ("Mayor's Office") to provide for terrorism prevention and
emergency preparedness; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 06 Grant Funds
throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of
Vernon and others;
WHEREAS, the City and City of Vernon are desirous of executing this
Agreement as authorized by the City Council and the Mayor (refer to Council File
Number 07-0582) which authorizes the City to prepare and execute the Agreement.
NOW, THEREFORE, the City of Los Angeles and City of Vernon agree as follows:
UASI Gov't PSA 5/07
I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North Spring
Street, Los Angeles, California 90012; and
B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa
Fe Avenue, Vernon, CA 90058
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications shall
be given are as follows:
The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
Arif Alikhan, Deputy Mayor
Office of the Mayor
Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0687
Fax: (213) 978-0718
Arif.Alikhan@lacity.org
2. The representative of City of Vernon shall be:
Manuela Giron, City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-8811
Fax: (323) 826-1438
ngiron@ci.vernon.ca.us
with a copy to:
UASI Gov't PSA 5/07
David Lazar, Battalion Chief
Vernon Fire Department
3375 Fruitland Ave
Vernon, CA 90058
Phone: (323) 583-4821, ext .512
Fax: (323) 583-0495
dlazar@ci.vernon.ca.us
B. Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
City of Vernon is acting hereunder as an independent party, and not as an
agent or employee of the City of Los Angeles. No employee of City of
Vernon, is, or shall be an employee of the City of Los Angeles by virtue of this
Agreement, and City of Vernon shall so inform each employee organization and
each employee who is hired or retained under this Agreement. City of Vernon
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 of Los
Angeles.
§104. Conditions Precedent to Execution of This Agreement
City of Vernon shall provide copies of the following documents to the City of Los
Angeles, unless otherwise exempted.
A. This Section is left intentionally blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with Section 415L of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit C and made a part
hereof. City of Vernon shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of the information contained in any Disclosure
Form previously filed by City of Vernon.
UASI Gov't PSA 5/07
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on August 28, 2006 and end on
March 31, 2008, or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A Vernon and the City have previously completed a mutually approved
Budget/Expenditure Plan, hereinafter "Budget." The Budget contains detailed
listings of items for expenditure under the terms of this Agreement, which is
incorporated herein by this reference. Any request by Vernon to modify the
Budget must be made in writing and must be approved in writing by the City
during the term of this Agreement
B. City of Vernon shall provide any reports requested by the City regarding
performance of. the Agreement. Reports shall be in the form requested by the
City, and shall be provided in a timely manner.
C. Any equipment acquired pursuant to this Agreement shall be authorized in
http://www.rkb.mipt.org and Appendix D, Allowable Cost Matrix, to the FY 2006
Homeland Security Grant Program, Program Guidance and Application Kit,
incorporated by reference, and attached hereto as Exhibit G. City of Vernon
shall provide the City a copy of its most current procurement guidelines and
follow its own procurement requirements as long as they meet the minimum
federal requirements. Federal procurement requirements for the UASI 06 Grant
can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of
G&T Financial Guide.
Any equipment acquired or obtained with Grant Funds:
Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant;
2. Is consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
UASI Gov't PSA 5/07
- consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G&T Financial Guide.
For the purposes of this subsection, "Equipment" is defined as nonexpendable
property that is not consumed or does lose its identity by being incorporated into
another item of equipment, which costs $5,000 or more per unit, or is expected to
have a useful life of one (1) year or more. Items costing less than $5,000, but
falling into the following categories are also considered Equipment: (1)
electronics communications equipment for stationary or vehicular use, including
cellular telephones acquired by lease or purchase, and (2) electronic office
equipment, including facsimile machines, copiers, electric typewriters, personal
computers (monitors and CPU's), terminals and printers.
Equipment shall be used by City of Vernon in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. City of Vernon shall make Equipment available for use on other projects or
programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for other use
shall be given to other programs or projects supported by the awarding
agency.
3. A ledger, attached hereto as Exhibit F, shall be maintained for each item
of Equipment acquired for the program. This record must be updated
biannually and forwarded to the City. The record shall include: (a)
description of the item of Equipment, (b) manufacturer's model and serial
number, (c) Federal Stock number, national stock number, or other
identification number; (d) the source of acquisition of the Equipment,
including the award number, (e) date of acquisition; (f) the per unit
acquisition cost of the Equipment, (g) records showing maintenance
procedures to keep the Equipment in good running order, and (h) location
and condition of Equipment. Records must be retained pursuant to 28
C.F.R. Part 66.42, and Office of G&T.
4. All equipment obtained under this Agreement shall have an LA/LBUA
identification decal affixed to it, and, when practical, shall be affixed where
it is readily visible.
5. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every year or prior to
any UASI, State or Federal monitor visits.
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D. Any training paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2006 Homeland Security Grant Program, Program Guidance and
Application Kit, page 84 (attached as Exhibit H) and must be pre -authorized by
OHS at http://www.calguard.ca.gov/cajs-hs/nonslgcpForm.htm. A catalogue of
Grantor approved and sponsored training courses is available at
http://www.ojp.usdoj.gov/odp/training.htm.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2006 Homeland and Security Grant Program, Program Guidance and
Application Kit, pg 84 and 85 (Exhibit 1). Detailed Homeland Security Exercise
and Evaluation Program Guidance is available at http://hseep.dhs.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2006 Homeland and Security Grant Program, Program Guidance and
Application Kit, pg 80 and 81 (Exhibit J).
G. Any organizational activities paid pursuant to this Agreement shall conform to the
guidelines as listed in FY 2006 Homeland and Security Grant Program, Program
Guidance and Application Kit, pg 82 and 83 (Exhibit K).
§203. This Section is Left Intentionally Blank
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ul
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall pay to City of Vernon the grant amount Two
Hundred Fifty -Seven Thousand Five Hundred Eighty dollars ($257,580) to be
used for purchase of equipment, planning, exercises, organizational activities,
and training as described in Section 202 above. The Grant Amount represents
the amount allocated to City of Vernon in the FY 06 UASI grant award notice.
B. City of Vernon shall provide quarterly invoices to the City requesting payment
and all supporting documentation. Each reimbursement request shall be
accompanied by the Reimbursement Request Form (attached hereto as Exhibit
L) and Purchasing Detail Worksheet (attached hereto as Exhibit M) detailing the
expenditures made by City of Vernon as authorized by Section 202 above. For
equipment for which Vernon is requesting reimbursement, all appropriate back-
up documentation must be attached to the reimbursement form, including
invoices, proof of payment and packing slips. For training reimbursements,
Vernon must include a copy of the class roster verifying training attendees, proof
that an OHS tracking number has been assigned to the course, and timesheets
and payroll registers for all training attendees. For regional project
reimbursements, City of Vernon must include approval from the lead agency for
all submitted invoices.
C. Notwithstanding anything to the contrary herein, City of Vernon may procure
equipment through the "Equipment Purchase Assistance Program," as more fully
described in "Fiscal Year 2006, Homeland Security Grant Program, Program
Guidelines and Application Kit, page 50. Under this program, City of Vernon may
select equipment from Fischer Scientific, the Grantor will pay the vendor directly,
and the dollar amount of § 301A of this Agreement shall be reduced by the
corresponding amount. City of Vernon shall notify the City of Los Angeles thirty
(30) days prior to using the "Equipment Purchase Program," and shall submit to
the City of Los Angeles a final report reconciling the full amount of the
Agreement, ninety (90) days before the Agreement terminates.
D. Payment of final invoice shall be withheld by the City of Los Angeles until the City
has determined that City of Vernon has turned in all supporting documentation
and completed the requirements of this Agreement.
E. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set forth herein.
F. This Section is left intentionally blank.
G. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
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immediately upon written notice to City of Vernon of a loss or reduction of federal
grant funds.\
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IV
STANDARD PROVISIONS SOzsn
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Contractor herein and in any amendments hereto includes the party or parties
identified in this Agreement. The singular shall include the plural. If there is.
more than one Contractor as identified herein, unless expressly stated otherwise,
their obligations and liabilities hereunder shall be joint and several. Use of the
feminine, masculine, or neuter genders shall be deemed to include the genders
not used.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the City. This Agreement
shall be enforced and interpreted under the laws of the State of California and
the City.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
UASI Gov't PSA 5/07
restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
City of Vernon may not, unless it has first obtained the written permission of the
City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
City of Vernon and its officers, agents and employees shall obtain and maintain
all permits and licenses necessary for City of Vernon's performance hereunder
and shall pay any fees required therefore. City of Vernon further certifies to
immediately notify the City of any suspension, termination, lapses, non renewals
or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
City of Vernon shall comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of
California, and the City. In performing this Agreement, City of Vernon shall not
discriminate in its employment practices against any employee or applicant for
employment because of such person's race, religion, national origin, ancestry,
sex, sexual orientation, age, physical handicap, mental disability, marital status,
domestic partner status or medical condition. City of Vernon shall comply with
Executive Order 11246, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CRF Part 60).
City of Vernon 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 $500 but not more than $5,000,
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the Equal Employment practices provisions of this Agreement shall be the
mandatory contract provisions set forth in Los Angeles Administrative Code
Section 10.8.3, in which event said provisions are incorporated herein by this
reference. If this Agreement contains a consideration in excess of $5,000, the
Affirmative Action Program of this Agreement shall be the mandatory contract
provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which
event said provisions are incorporated herein by this reference. City of Vernon
shall also comply with all rules, regulations, and policies of the City's Board of
Public Works, Office of Contract Compliance relating to nondiscrimination and
affirmative action, including the filing of all forms required by City.
If required, City of Vernon shall submit an Equal Employment Opportunity Plan
("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines
listed at http://www.ojp.usdoj.gov/ocr/eeop.htm,
Any subcontract entered into by the Contractor relating to this Agreement, to the
extent allowed hereunder, shall be subject to the provisions of this § 408.
§409. Los Angeles City Business Tax Registration Certificate
Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1,
Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is
not applicable.
§410. Bonds
Duplicate copies of all bonds which may be required hereunder shall conform to
City requirements established by charter, ordinance or policy and shall be filed
with the Office of the City Attorney for its review in accordance with Los Angeles
Administrative Code Sections 11.47 through 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Section 895.4'and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees bylaw,
for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. City of Vernon
certifies that it has adequate self insured retention of funds to meet any obligation
arising from this Agreement.
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§412. Conflict of Interest
A. The Contractor covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract supported
(in whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California
Political Reform Act, California Government Code §87100 et sea. if such
person were a public officer, because such person would have a "financial
or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic partner
and/or those persons related by blood or marriage, such as husband, wife,
father, mother, brother, sister, son, daughter, father in law, mother in law,
brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract,
including a commission or fee, a share of the proceeds, prospect of
a promotion or of future employment, a profit, or any other form of
financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or
more; ownership of five percent or more of the stock; employment
in a managerial capacity; or membership on the board of directors
or governing body.
C. (This Section is left intentionally blank.)
D. The Contractor further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary value from any
actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any officer,
employee, or agent).
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E. The Contractor shall not subcontract with a former director, officer, or employee
within a one year period following the termination of the relationship between
said person and the Contractor.
F. Prior to obtaining the City's approval of any subcontract, the Contractor shall
disclose to the City any relationship, financial or otherwise, director indirect, of
the Contractor or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws of
the City of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
H. The Contractor warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
I. The Contractor covenants that no member, officer or employee of Contractor
shall have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his/her tenure as such employee, member or officer or for one year thereafter.
J. The Contractor shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and "sub
subcontractor" for "Subcontractor".
§413. Insurance (This Section is left intentionallly blank)
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250 et seq.).
§415. Statutes and Regulations Applicable To All Grant Contracts
A. City of Vernon shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. City of Vernon shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. City of Vernon 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:
Office of Management and Budget (OMB) Circulars
UASI Gov't PSA 5/07
City of Vernon shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB Circular
A-87 (Cost Principles for State, Local, and Indian Tribal Governments);
OMB Circular A-102 (Grants and Cooperative Agreements with State and
Local Governments); Common Rule, Subpart C for public agencies or
OMB Circular A-110 (Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and
Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for
Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non -Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement, City of
Vernon shall adhere to the rules and regulations of the Single Audit Act,
31 USC Sec. 7501 et seq.; City Council action dated February 4, 1987
(C.F. No. 84 2259 S1); and any administrative regulation or field memos
implementing the Act.
3. Americans with Disabilities Act
City of Vernon hereby certifies that it will comply with the Americans with
Disabilities Act 42, USC §§ 12101 et seg., and its implementing
regulations. City of Vernon will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance with the
provisions of the Americans with Disabilities Act. City of Vernon will not
discriminate against persons with disabilities nor against persons due to
their relationship to or association with a person with a disability. Any
subcontract entered into by the City of Vernon, relating to this Contract, to
the extent allowed hereunder, shall be subject to the provisions of this
paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be used for
any purpose designed to support or defeat any pending legislation or
administrative regulation. None of the funds provided pursuant to this
Agreement shall be used for any sectarian purpose or to support or benefit
any sectarian activity.
If this Agreement provides for more than $100,000.00 in grant funds or
more than $150,000 in loan funds, City of Vernon shall submit to the City a
Certification Regarding Lobbying and a Disclosure Form, if required, in
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5.
11
accordance with 31 USC 1352. A copy of the Certificate is attached
hereto as Exhibit C. No funds will be released to City of Vernon until the
Certification is filed.
City of Vernon shall file a Disclosure Form at the end of each calendar
quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of any of the information contained in any
Disclosure Form previously filed by City of Vernon. City of Vernon shall
require that the language of this Certification be included in the award
documents for all sub -awards at all tiers and that all subcontractors shall
certify and disclose accordingly.
Records Inspection
At any time during normal business hours and as often as the City, the
U.S. Comptroller General and the Auditor General of the State of
California may deem necessary, City of Vernon shall make available for
examination all of its records with respect to all matters covered by this
Agreement. The City, the U.S. Comptroller General and the Auditor
General of the State of California shall have the authority to audit,
examine and make excerpts or transcripts from records, including all City
of Vernon's invoices, materials, payrolls, records of personnel, conditions
of employment and other data relating to all matters covered by this
Agreement.
City of Vernon agrees to provide any reports requested by the City
regarding performance of the Agreement.
Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the City with respect to all matters covered on
file for all documents specified in this Agreement. Original forms are to be
maintained on file for all documents specified in this Agreement. Such
records shall be retained for a period of five (5) years after termination of
this Agreement and after final disposition of all pending matters. "Pending
matters" include, but are not limited to, an audit, litigation or other actions
involving records. The City may, at its discretion, take possession of,
retain and audit said records. Records, in their original form pertaining to
matters covered by this Agreement, shall at all times be retained within the
County of Los Angeles unless authorization to remove them is granted in
writing by the City.
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7. Subcontracts and Procurement
City of Vernon shall comply with the federal and City of Vernon 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.
City of Vernon shall ensure that the terms of this Agreement with the City
are incorporated into all Subcontractor Agreements. The City of Vernon
shall submit all Subcontractor Agreements to the City for review prior to
the release of any funds to the subcontractor. The City of Vernon shall
withhold funds to any subcontractor agency that fails to comply with the
terms and conditions of this Agreement and their respective Subcontractor
Agreement.
8. Labor
City of Vernon shall comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for
merit systems for programs funded under one of the 19 statutes or'
regulations specified in Appendix A of OPM's Standards for a Merit
System Personnel Administration (5 C.F.R. 900, Subpart F).
City of Vernon shall comply, as applicable, with the provisions of the
Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40
U.S.C. §276c,,and 18 U.S.C. §874), the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally -assisted construction subagreements, and the Hatch Act (5 USC
§§1501-1508 and 7324-7328).
City of Vernon shall comply with the Federal Fair Labor Standards Act (29
USC § 201) regarding wages and hours of employment.
None of the funds shall be used to promote or deter Union/labor
organizing activities. CA Gov't Code Sec. 16645 et sea.
9. Civil Rights
City of Vernon shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to; (a) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) The Age
Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which
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prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to non-discrimination in the sale, rental or
financing of housing; (1) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being
made; 0) the requirements of any other nondiscrimination statute(s) which
may apply to the application; and (k) P.L. 93-348 regarding the protection
of human subjects involved in research, development, and related
activities supported by this award of assistance.
10. Environmental
City of Vernon shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide
for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
City of Vernon shall comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental quality
control measures under the National Environmental Policy Act of 1969
(P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to
State (Clean Air) Implementation Plans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended (P.L. 93-523); (h) protection of endangered species
under the Endangered Species Act of 1973, as amended (P.L. 93205);
and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
City of Vernon shall comply with the Wild and Scenic Rivers Act of 1968
(16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
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City of Vernon shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -
based paint in construction or rehabilitation of residence structures.
City of Vernon shall comply with the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.) which restores and maintains the chemical,
physical and biological integrity of the Nation's waters.
City of Vernon shall ensure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of this project
are not listed in the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
By signing this Agreement, City of Vernon ensures that it is in compliance
with the California Environmental Quality Act (CEQA), Public Resources
Code §21000 et seg. and is not impacting the environment negatively.
City of Vernon shall comply with the Energy Policy and Conservation Act
(P.L. 94-163, 89 Stat. 871).
City of Vernon shall comply, if applicable, with the provision of the Coastal
Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et. seq.) which prohibits the expenditure of most new Federal funds
within the units of the Coastal Barrier Resources System.
11. Preservation
City of Vernon shall comply with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological
and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
12. Suspension and Debarment
City of Vernon shall comply with Federal Register, Volume 68, Number
228, regarding Suspension and Debarment, and City of Vernon shall
submit a Certification Regarding Debarment required by Executive Order
12549 and any amendment thereto. Said Certification shall be submitted
to the City concurrent with the execution of this Agreement and shall
certify that neither City of Vernon nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any federal department
head or agency. City of Vernon shall require that the language of this
Certification be included in the award documents for all sub -award at all
tiers and that all subcontractors shall certify accordingly.
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13. Drug -Free Workplace
City of Vernon shall comply with the federal Drug -Free Workplace Act of
1988, 41 USC §701, 28 CFR Part 67; the California Drug -Free Workplace
Act of 1990, CA Gov't Code §§ 8350-8357.
14. Miscellaneous
City of Vernon shall comply with the Laboratory Animal Welfare Act of
1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
City of Vernon shall comply with all applicable requirements of state and federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular grant program. City
of Vernon shall comply with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Agreement. These requirements
include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of
the Comptroller, Financial Guide; U.S. Department of Homeland Security,
Office of State and Local Government Coordination and Preparedness,
Office for Domestic Preparedness, Urban Areas Security Initiative Grant
Program II; ODP WMD Training Course Catalogue; and DOJ Office for
Civil Rights.
Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code
Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-
2448.
Provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal
Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 35, Nondiscrimination
on the Basis of Disability in State and Local Government Services; Part
38, Equal Treatment of Faith -based Organizations; Part 42,
Nondiscrimination/Equal employment Opportunities Policies and
Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Weland
Protection Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to federal
Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70,
Uniform Administrative Requirements for Grants and Cooperative
UASI Gov't PSA 5/07
Agreements (including sub -awards) with Institutions of Higher Learning,
Hospitals and other Non -Profit Organizations; and Part 83, Government -
Wide Requirements for a Drug Free Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice
and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1, and all
other applicable federal laws, orders, circulars, or regulations.
2. Travel Expenses
City of Vernon as provided herein shall be compensated for City of
Vernon's reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
City of Vernon's total travel for in-State.and/or out -of -State and per diem
costs shall be included in the contract budget(s). All travel including out -
of -State travel not included in the budget(s) shall not be reimbursed
without prior written authorization from the Mayor's Office.
City of Vernon's administrative -related travel and per diem reimbursement
costs shall be reimbursed based on the City of Vernon's policies and
procedures. For programmatic -related travel costs, City of Vernon's
reimbursement rates shall not exceed the amounts established by the
State Department of Personnel Administration Rules and Regulations,
PML 97-024, Section 599.619, dated July 1, 1997 and Section 599.631,
and as amended from time to time.
3. Noncompliance
City of Vernon understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant
funds, and repayment by City of Vernon to City of any unlawful
expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative
of the City to sign certain promises regarding the way the Grant Funds would
be spent ("Grant Assurances"), attached hereto as Exhibit E. By signing
these Grant Assurances, the City became liable to the Grantor for any funds
that are used in violation of the grant requirements. City of Vernon shall be
liable to the Grantor for any funds the Grantor determines that City of Vernon
used in violation of these Grant Assurances. City of Vernon shall indemnify
and hold harmless the City for any sums the Grantor determines City of
Vernon used in violation of the Grant Assurances.
UASI Gov't PSA 5/07
§416. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of City of Vernon as an
independent party and not as a City employee.
§417. Inventions. Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation, processes
and business methods made in the course of work under this Agreement, the
Contractor shall report the fact and disclose the Invention promptly and fully to
the City. The City shall report the fact and disclose the Invention to the Grantor.
Unless there is a prior agreement between the City and the Grantor, the Grantor
shall determine whether to seek protection on the Invention. The Grantor shall
determine how the rights in the Invention, including rights under any patent
issued thereon, will be allocated and administered in order to protect the public
interest consistent with the policy ("Policy") embodied in the Federal Acquisition
Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et
seq. (Pub. L. 95-517, Pub. L. 98=620, 37 CFR part 401); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive
Departments and Agencies, dated 2/18/1983); and Executive Order 12591,
4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive
Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). Contractor
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -
free license, to use, manufacture, improve upon, and allow others to do so for all
government purposes, any Invention developed under this Agreement.
C. _Copyright Policy
1. Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material (Material) is developed under this
Agreement, the author or the City, at the City's discretion, may copyright
the Material. If the City declines to copyright the Material, the City shall
have an unencumbered right, and a non-exclusive, irrevocable, royalty -
free license, to use, manufacture,. improve upon, and allow others to do so
for all government purposes, any Material developed under this
Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon, and
UASI Gov't PSA 5/07
allow others to do so for all government purposes, any Material developed
under this Agreement or any Copyright purchased under this Agreement.
3. Contractor shall comply with 24 CFR 85.34
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Contractor shall require all subcontractors to comply with the obligations of this section
by incorporating the terms of this section into all subcontracts.
§418. Earned Income Tax Credit
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§419. Equal Benefits Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§420. Contractor Responsibility Ordinance '
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of the Contractor Responsibility Ordinance (CRO), Section
10.40 et seg., of Article 14, Chapter 1 of Division 10 of the Los Angeles
Administrative Code.
§421. Slavery Disclosure Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles
Administrative Code.
§422. Child Support Assignment Orders
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the Child Support Assignment Orders Ordinance, Section 10.10 of the Los
UASI Gov't PSA 5/07
Angeles Administrative Code. City of Vernon shall comply with California Family
Code Section 5230 et seq. as applicable.
§423. Minority. Women, And Other Business Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises (MBEs),
women business enterprises (V1BEs) and all other business enterprises an equal
opportunity to participate in the performance of all Contractor contracts, including
procurement, construction and personal services. This policy applies to all
Contractors and Sub -Contractors.
UASI Gov't PSA 5/07
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should City of Vernon fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
City reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§502. (This Section is left intentionally blank.)
§503. (This Section is left intentionally blank.)
§504. (This Section is left intentionally blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by City of Vernon, and any increase or decrease in the amount of
compensation which are agreed to by the City and City of Vernon shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
City of Vernon agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
UASI Gov't PSA 5/07
vl
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes twenty-eight (28) pages and
thirteen (13) Exhibits which constitute the entire understanding and agreement of
the parties.
UASI Gov't PSA 5/07
IN WITNESS WHEREOF, the City and City of Vernon have caused this Agreement
to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For: THE CITY OF LOS ANGELES
ROCKARD J. DELGADILLO, City Attorney
ANTONIO V L RAI S , Mayor
By fir? aff
,/
Deputy City Attorney
By v
Antonio R. Villaraigosa, Mayor
Date 1"'d�S
Homeland Security and
Public Safety, Mayor's Office
Date = n 7 20M
ATTEST:
FRANK T. MARTINEZ, City Clerk
By
ep y City Clerk
Date-
APPROVED AS FORM:
For: City of Vernon,
a municipal corporation
r
By
Vttoknl y
By
Date 1013 0 Id
Date ® .
ATTES
By
ity Clerk
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number' C / / 3- J 0 /
UASI Gov't PSA 5/07
EXHIBIT A
INSURANCE
(Not applicable to this Agreement.)
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
AGREEMENT NUMBER
City of Vernon
CONTRACTOR/BORROWER/AGENCY
Eric T. Fresch, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNA
January 8, 2008
DATE
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting tlus document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal assistance
fends learns that its certification was erroneous, when submitted or has become erroneous by reason of
changed circumstances.
4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or
Non -Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntary excluded'from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for each
such failure.
AGREEMENT NUMBER
City of Vernon
CONTRACTOR/BORROWER/AGENCY
Eric T. Fresch, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
January 8, 2008
SIGNATURE DATE
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension acid/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal assistance
fimds learns that its certification was erroneous, when submitted or has become erroneous by -reason of
changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency
with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it detennines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or
Non -Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
EXHIBIT D
THIS SECTION IS LEFT INTENTIONALLY BLANK
EXHIBIT E
GRANT ASSURANCES
Name of Applicant:
Address:
City:
Telephone Number:
Fax Number:
E-Mail Address:
Office of Homeland Security
Grant Assurances
(All Applicants)
State:
Zip Code:
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the federal Department of Homeland Security and sub -granted through the State of California.
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs.
3. Will give the federal government, the General Accounting Office, the Comptroller General of the
United States, the State of California, through any authorized representative, access to and the
right to examine all paper or electronic records, books, papers, or documents related to the award;
and will establish a proper accounting system in accordance with generally accepted accounting
standards or awarding agency directives.
4. Will provide progress reports and such other information as may be required by the awarding
agency.
5. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or personal
gain for themselves or others, particularly those with whom they have family, business or other
ties.
FY06 Homeland Security Grant Program Page 43
7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
residence structures. Will comply with all federal statues relating to nondiscrimination. These
include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and
1685-1686), which prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which
prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which
prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to
nondiscrimination on the basis of drug abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under which application
for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
8. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.
(P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally assisted programs. These requirements
apply to all interested in real property acquired for project purposes regardless of federal
participation in purchases.
9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
10. Will comply with environmental standards which may be prescribed pursuant to the following:
a. institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with EO 11988;
e. assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
f. conformity of federal actions to State (Clean Air) Implementation Plans under Section
FY06 Homeland Security Grant Program Page 44
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
g. protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended, (P.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of 1973, as amended,
(P.L. 93-205).
i. California Environmental Quality Act (CEQA). California Public Resources' Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
11. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation
of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
469a-1 et seq).
13. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
14. Has requested through the State of California, federal financial assistance to 'be used to perform
eligible work approved in the applicant's application for federal assistance. Will, after the receipt
of federal financial assistance, through the State of California, agree to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
c. Separately account for interest earned on grant funds, and will return all interest earned, in
excess of $100 per federal fiscal year.
15. Will comply with the Intergovernmental Personnel Act of 1970 (42 US C. Sections 4728-4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
16. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded
in whole or in part with federal funds.
17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
FY06 Homeland Security Grant Program Page 45
19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the
Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor
standards for federally assisted construction sub -agreements.
21. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension."
22. Agrees that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any federal grant,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal grant or cooperative agreement;
b. If any other funds than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member of
Congress in connection with the federal grant or cooperative agreement, the undersigned
shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions;
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under grants
and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and
disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure. ,
23. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid
Agreement in consultation with representatives of the various fire, emergency medical,
hazardous materials response services, and law enforcement agencies within the
jurisdiction of the applicant.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
c. Will be made available pursuant to applicable terms of the California Disaster and Civil
Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of
such equipment in a manner consistent with the California Law Enforcement Mutual Aid
Plan or the California Fire Services and Rescue Mutual Aid Plan.
FY06 Homeland Security Grant Program Page 46
24. Agrees that funds awarded under this grant will be used to supplement existing funds for program
activities, and will not supplant (replace) non-federal funds.
25. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133, E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in
Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and
use of Federal funds for this federally -assisted project.
26. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the
Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable
Federal laws, orders, circulars, or regulations.
27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
including
a. Part 18, Administrative Review Procedures;
b. Part 20, Criminal Justice Information Systems;
c. Part 22, Confidentiality of Identifiable Research and Statistical Information;
d. Part 23, Criminal Intelligence Systems Operating Policies;
e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities;
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government
Services;
g. Part 38, Equal Treatment of Faith -based Organizations;
h. Part 63, Floodplain Management and Wetland Protection Procedures;
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures;
j. Part 61, Procedures for Implementing the National Environmental Policy Act;
k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or
regulations applicable to Federal Assistance Programs.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
m. Part 67, Government -Wide Debarment and Suspension (Non -Procurement)
n. Part 69, New Restrictions on Lobbying
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub -awards) with Institutions of Higher Learning, Hospitals and other
Non -Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants)
28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA)
list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility
to be used in the project is under consideration for listing by the EPA.
FY06 Homeland Security Grant Program Page 47
29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.
30. Will, in the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of
the: finding to the Office of Civil Rights, Office of Justice Programs.
31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
32. Will comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide.
33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348)
dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources System.
34. Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program.
35. Understands that, failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
36. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67,
Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year
period preceding this application had one or more public transactions (Federal, State, or .
local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application.
FY06 Homeland Security Grant Program Page 48
38. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart
F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an on -going drug -free awareness program to inform employees about
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
A Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted
(1) 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
(2) Requiring such employee to participate satisfactorily in a. drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
FY06 Homeland Security Grant Program Page 49
(g) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with
the above certifications.
The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
FY06 Homeland Security Grant Program
Date:
Page 50
EXHIBIT F
EQUIPMENT LEDGER
w
CL
EXHIBIT G
ALLOWABLE COST MATRIX
APPENDIX D - ALLOWABLE COST MATRIX
Table 13 — FY 2006 Allowable Cost Matrix
D-1
ersonal Protective Equipment y
Y
y Y
Y
Y
Y
Y
y
xplosive Device Mitigation and Remediation
[EquipmentY
Y
Y
X
Y
Y
Y
Y
BRNE Operational Search and Rescue EquipmentY'
YYYnformation
Technology
Y
Y
Y Y Y Y
Y'
Y
Y
Y
Y..
Y
Y
Cyber Security Enhancement Equipment
y
Y-
Y Y _y Y
Y
Y
:Y
Y
Interoperable Communications Equipment
Y
Y
Y. y` Y
Y
Y
Y
Y
Y
Y
Y
Detection Equipment
Y
Y
Y Y
Y
Y
Y
Y
Y
Y
Decontamination Equipment
Y
Y
Y
Y
Y
Y-
Y
Y
Y
Medical Supplies and Limited Pharmaceuticals
y
I Y
I y Y y
y
y
Power Equipment
Y
y
Y y y
y
Y
Y
Y
CBRNE Reference Materials
y
Y
Y Y Y •y
y
Y
Y
Y
Y
Y
CBRNE Incident Response Vehicles
Y
Y
Y Y TV
Y
y
Y
Terrorism Incident Prevention Equipment
Y
'Y
Y
Y
Y
Y
Y
Y
Physical Security Enhancement Equipment .
Y
Y
Y Y
Y
Y
Y
Y
Inspection and Screening Systems
y
y
y y
y
Y
Y
Agriculture Terrorism Prevention, Response and
Mitigation Equipment
Y
Y
Y
CBRNE Response Watercraft
Y
y
Y
Y
Y
Y
Y
CBRNE Aviation Equipment
y
y.
CBRNE Logistical Support Equipment Y
y
y y y
Y
Y
Y
Y
Intervention Equipment y
y
yI
Y
Y
Y
Other Authorized Equipment Y
Allowable Training Costs
Y• Y
Y
Y
.Y
Y
X
Y
Overtime and backfill for emergency preparedness and
En
LZ
response personnel attending G&T-sponsored and Y
Y
Y y y y
Y
y
y
y
approved trainingclasses
Overtime and backfill expenses for part-time and
volunteer emergency response personnel participating
Y
Y
Y. Y Y Y
Y.
Y
y.
Y
in G&T training
Training workshops and conferences Y
.Y
Y Y::V `Y
Y
Y
Y
Y
Y Y
Full- or part-time staff or contractors/consultants Y
Y
y, _y y y
y y
y
Y
Y
Y
.Y
Y
Travel Y
Supplies
Y
Y Y Y Y
Y
Y
Y
Y
Y Y
X
Y
Y
Other items Y
Y Y X Y 'Y
Y Y Y Y Y
Y YIN
y y y
Y
y
Y°
able Exercise Related Costs
ob
[mil
Exercise planning workshop
Y,, N
V Y Y
Y
Y
Y
Y
Full- or part-time staff or contractors/consultants
y Y
,Y. Y Y;
Nz
.Y
Y
Y
Overtime and backfill costs including expenses for
part-time and volunteer emergency response personnel
X y
y y Y.
Y
Y
Y
participating in G&T exercises
Travel Y Y I' YWx
Y
Y
Supplies Y T Y Y
Y
y
Ocher items Y Y: Y
Y
Hiring of full- or part-time staff or
contractors/consultants to assist with the management
of HSGP, implementation of State Homeland Security Y Y X Y Y
Y
Y Y
Y
Strategy, application requirements, compliance with
reporting and data collection requirements
Development of operating plans for information
collection and processing necessary to respond to G&T
Y
Y
Y
,Y
Y
Y
Y
y
Y
Data calls
Overtime and backfill costs
Y
y
Y
Y
Y
Y.
Travel
Y
Y
Y
Y:.
Y
Y
Y
Y
Y
y
Meeting related expenses
Y
Y
Y
Y
Y
Y
Y
Y
Y
y
Authorized office equipment
Y
Y
Y
Y
Y
Y
Y
Y
Y Y
Recurring expenses such as those associated with cell
phones and faxes during the period of performance of
Y
Y
Y
Y
Y
y
Y
Y
the Grant Pro ram
Leasing or renting of space for newly hired personnel-tl--during
the period of performance of the Grant Program
Y
Y
Y
Y
Y
YT
Y1 -
1
D-3
Costs outlined in the following table are NOT allowed unless designated by a "*". Those
designated by a "*" are only allowable in a limited capacity. Check the specific program
guidance for detailed information.
Unauthorized Progi,ain Expenditures
General use software, computers and related equipment,
vehicles, licensing fees
Weapons and Ammunition
Construction and Renovation
(ONLY limited renovation is allowable in highlighted
programs)
-- -
•
Hiring of public safety personnel for the purpose of
-
fulfilling traditional public safety duties
'�*
Activities unrelated to the completion and
implementation of HSGP
air
Other items not in accordance with the AEL or
previously listed allowable costs
D-4
EXHIBIT H
AUTHORIZED TRAINING
FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005
CA. Training
FY 2006 UASI funds may be used to enhance the capabilities of State and local emergency
preparedness and response personnel through development of a State homeland security training
program. Allowable training -related costs include:
1. Establishment of support for, conduct of, and attendance at preparedness training
Programs within existing training academies/institutions, universities, or junior colleges.
Preparedness training programs are defined as those programs related to prevention,
protection, response, and or recovery from natural, technical, or manmade catastrophic
incidents, supporting one or more Target Capabilities in alignment with national priorities
as stated in the Goal. Examples of such programs include but are not limited to CBRNE
terrorism, critical infrastructure protection, cyber security, and citizen preparedness.
2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved
training courses. UASI funding may also be used for training citizens in awareness,
prevention, protection, response, recovery skills
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING
84
EXHIBIT I
AUTHORIZED EXERCISES
FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005
C.5. Exercises
All Urban Areas are required to develop a Multi -year Exercise Plan and submit it to G&T on an
annual basis. While Urban Area specific, this plan must tie into the Multi -year Exercise Plan
developed by the State, and be in line with the Urban Area Homeland Security Strategy. Further,
Urban Areas are encouraged to develop a Multi -year Plan and Schedule that takes into
consideration anticipated training needs of the Urban Area for at least the immediate year, with
exercises being timed to provide responders the opportunity to utilize training received. This
combined schedule should also ensure that training and exercises complement each other. An
example of a combined Multi -year Training and Exercise Plan can be found at the HSEEP
Website or G&T Secure Portal. Further guidance concerning EPWs can be found in the HSEEP
Volumes,
Urban Areas are eligible to apply for exercise direct support, but must do so in coordination with
the SAA.
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAIN]No &4
85
EXHIBIT J
AUTHORIZED PLANNING
FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2W>
C. Authorized Program Expenditures
Allowable expenditures for the FY 2006 UASI program comport with FY 2006 SHSP (except
for the use of funds for operational costs). Please refer to Appendix D for a summary of
authorized and unauthorized UASI expenditures.
C.1. Planning
Urban Areas may use FY 2006 UASI funds for multi -discipline planning efforts to prioritize
needs, update preparedness strategies, allocate resources, and deliver preparedness programs.
These efforts include the collection and analysis of intelligence and information and the
development of policies, plans, procedures, mutual aid agreements, strategies, and other
publications that comply with relevant laws, regulations, and guidance necessary to perform
assigned missions and tasks. It is explicitly permissible to use planning funds to hire government
and/or contractor personnel to conduct planning activities described here.
Similar to SHSP, FY 2006 UASI funds may be used for a range of homeland security planning
activities, such as:
Developing and implementing homeland security support programs and adopting DHS
national initiatives including but not limited to the following:
o Implementing the National Preparedness Goal and Guidance.
o Implementing and adopting NIMS.
o Modifying existing incident management and Emergency Operating Procedures
(EOPs) to ensure proper alignment with the NRP coordinating structures,
processes, and protocols.
o Establishing or enhancing mutual aid agreements.
o Developing communications and interoperability protocols and solutions.
o Conducting local, regional, and Tribal program implementation meetings.
o Developing or updating resource inventory assets in accordance to typed resource
definitions issued by the NIC.
o Designing State and local geospatial data systems.
o Conducting public education and outreach campaigns, including promoting
individual, family and business emergency preparedness; alerts and warnings
education; and evacuation plans.
Developing related terrorism prevention activities including:
o Planning to enhance security during heightened alerts, during terrorist incidents,
and/or during mitigation and recovery.
o Multi -discipline preparation across first responder community, including EMS for
response to catastrophic events and acts of terrorism.
o Public information/education: printed and electronic materials, public service
announcements, seminars/town hall meetings, web postings coordinated through
local Citizen Corps Councils.
o Citizen Corps volunteer programs and other activities to strengthen citizen
participation.
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 80
FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005
o Conducting public education campaigns, including promoting individual, family
and business emergency preparedness; promoting the Ready campaign; and/or
creating State, regional or local emergency preparedness efforts that build upon
the Ready campaign.
o Evaluating CIP security equipment and/or personnel requirements to protect and
secure sites.
o CIP cost assessments, including resources (financial, personnel, etc.) required for
security enhancements/deployments.
Developing and enhancing plans and protocols, including but not limited to:
o Developing or enhancing EOPs and operating procedures.
o Developing terrorism prevention/deterrence plans.
o Developing plans, procedures, and requirements for the management of
infrastructure and resources related to HSGP and implementation of State or
Urban Area Homeland Security Strategies.
o Developing or enhancing border security plans.
o Developing or enhancing cyber security plans.
o Developing or enhancing cyber risk mitigation plans.
o Developing or enhancing agriculture/food security risk mitigation, response, and
recovery plans.
o Developing public/private sector partnership emergency response, assessment,
and resource sharing plans.
o Developing or updating local or regional communications plans.
o Developing plans to support and assist special needs jurisdictions, such as port
authorities and rail and mass transit agencies.
o Developing or enhancing continuity of operations and continuity of government
plans.
o Developing or enhancing existing catastrophic incident response and recovery
plans to include and integrate Federal assets provided under the NRP.
o Developing or enhancing evacuation plans.
o Developing or enhancing citizen surge capacity.
Developing or conducting assessments, including but not limited to:
o Conducting point vulnerability assessments at critical infrastructure sites/key
assets and developing remediation/security plans.
o Conducting cyber risk and vulnerability assessments.
o Conducting assessments and exercises of existing catastrophic incident response
and recovery plans and capabilities to identify critical gaps that cannot be met by
existing local and State resources.
o Activities that directly support the identification of specific catastrophic incident
priority response and recovery projected needs across disciplines (e.g. law
enforcement, fire, EMS, public health, behavioral health, public works,
agriculture, information technology, and citizen preparedness).
o Activities that directly support the identification and advance preparation of pre -
designated temporary housing sites.
PREPAREDNESS DIRECTORATE'S OFFICEOF GRANTS AND TRAINING 81
EXHIBIT K
AUTHORIZED ORGANIZATIONAL ACTIVITIES
FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005
C.2. Oreanization
States and Urban Areas may use FY 2006 UASI funds to support select organization activities.
States and Urban Areas must justify proposed expenditures of UASI funds to support
organization activities within their Investment Justification submission using. historical data and
other analysis to substantiate their proposals. No more than 25 percent of the gross amount of
the allocation for this program may be used for operational expenses and overtime costs for the
three (3) operational activities noted below.
1. Operational overtime costs associated with increased security measures at critical
infrastructure sites during periods of DHS-declared heightened alert.
UASI: Up to 25 percent of FY 2006 funds may be used in UASI jurisdictions.
• Of this amount, up to 10 percent may be used for costs incurred during Code Yellow
or Orange.
• The remaining 15 percent may be used for costs incurred only during Code Orange.
• Operational overtime costs incurred at National Special Security Events (NSSEs) in
UASI jurisdictions, as designated by the Secretary of Homeland Security, are also
allowed.
• States with UASI jurisdictions can use funds retained at the State level to reimburse
eligible operational overtime expenses incurred by the State (up to a maximum of 25
percent of the State share of the UASI grant). However, those activities must directly
support increased security measures enacted in the UASI jurisdictions. States should
be judicious in the use of Federal grant funds when protecting critical infrastructure
and should leverage public/private partnerships. States should also consider the use
of private assets in the protection of private facilities.
In support of these efforts for enhanced capabilities of detecting, deterring, disrupting, and
preventing acts of terrorism, costs eligible for reimbursement under this policy are identical to
those deemed allowable under previous Code Orange alerts. Therefore, subject to the conditions
stated above, States and local governments may use FY 2006 UASI funds to support select
operational expenses associated with increased security measures at critical infrastructure sites in
the following authorized categories:
Backfill and overtime expenses for staffing State or local emergency operations centers
(EOCs)
• Hiring of contracted security for critical infrastructure sites
• Public safety overtime
• National Guard deployments to protect critical infrastructure sites, including all resources
that are part of the standard National Guard deployment package
• Increased border security activities in coordination with CBP as outlined in Information
Bulletin #135,IT
13 Proposed operational activities should emphasize those measures that will increase border security in direct
coordination with CBP personnel. State, local, and Tribal law enforcement personnel may provide increased
enforcement presence by generally increasing their patrol presence at the border; by providing additional traffic
PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 82
FY 2006 HOMELAND SECURITY GRANT PROGRAM- DECEMBER 2, 2005
Consumable costs, such as fuel expenses, are not allowed except as part of the standard
National Guard deployment package.
2. Overtime costs are allowable for personnel to participate in information, investigative, and
intelligence sharing activities specifically related to homeland security. This includes
activities such as anti -terrorism task forces, Joint Terrorism Task Forces (JTTF), Area
Maritime Security Committees (as required by the Maritime Transportation Security Act of
2002), and Terrorism Early Warning (TEW) groups.
3. Grant funds may be used towards the hiring of new staff and/or contractors to serve as
intelligence analysts to support information/intelligence fusion capabilities. In order to be
hired as an Intelligence Analyst, staff and/or contractor personnel must have successfully
completed training to ensure baseline proficiency in intelligence analysis and production.
Furthermore, costs associated with hiring new intelligence analysts are allowable only for the
period of performance of the FY 2006 UASI and LETPP programs. Upon close-out of the
FY 2006 grants, States and Urban Areas shall be responsible for supporting the sustainment
costs for those intelligence analysts.
The International Association of Law Enforcement Intelligence Analysts' (IALEIA)
Educational Standard # 7 (page 14 of the IALEIA Analytic Standards booklet) provides
standards on the categories of training needed for intelligence analysts. These include
subject -matter expertise, analytic methodologies, customer -service ethics, information
handling and processing skills, critical thinking skills, computer literacy, and objectivity and
intellectual honesty. Successful completion the following courses satisfies the intelligence
analyst training requirement:
• Intelligence Analyst Training Program (FLETC).
• Foundations of Intelligence Analysis Training (International Association of Law
Enforcements Intelligence Analysis).
Additional courses are being identified and will be shared as soon as possible. A certificate
of completion of such training must be on file with the SAA and should be made available
to Preparedness Officers upon request upon the hiring of personnel.
control support at the border and at border patrol traffic checkpoints; and by enhancing their participation in the
Integrated Border Enforcement Teams. This policy does not result in a change or extension of Federal authority to
State, Tribal, or local law enforcement agencies to enforce Federal immigration laws. If Federal immigration
violations are encountered, consistent with current practices, State, local, and Tribal agencies may refer those
violations to CBP authorities for appropriate action. No funds may be obligated or drawn down in support of these
activities without HQ-CBP approval of operational plans and without submission to and approval by G&T of budget
detail worksheets. State, local, and Tribal law enforcement agencies shall not use this funding to supplant routine
patrol and law enforcement operations or activities in order to perform other activities not directly related to
providing an enhanced law enforcement presence.
PREPAREDNESS DIRECTORATE'S, OFFICE OF GRANTS AND TRAINING 83
EXHIBIT L
REIMBURSEMENT REQUEST FORM
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRAN'
Reimbursement Request Forms
RePtr,ri 1 r i�r ar rr er;t t ea is ^:
Raci1ei
'v,iay tr's O :c,E: of t'iomvand cir cavity and ,"i;bi:„ Si
Ou €4, Sp,i-, g Si _ R-ooE i #Pa'-175A
Phone: 213.978,0701:
Fax: 2?;;,:}78J' 718
UASi FY03 Pad, I '..l UASi FY0'4 0
UASI FYi„ ? r- 2 0 UASi FY 5 0
Gore € ity:
Requesting Agency:
liil �Sf3i tv'ti tlai'i �w ... `O
Prepared By,
P Fie,.
rif3�""'
Line: request for reirnburs's�-nerl� LJ
This reirryd?t/fSf.Merlt Glcainl iS i0 all rt,spec'm true. `,`Offe,,t, and edit ex'p`.':-lditure,'s 1were imade in c"ccoiFiaoc %
with applicaabVe i� vvs, rulers regulations, and grant coed dons :and assuraiwes, In addition this cla, n
lS for cost incurred vvith,;n the ;ai`ant PeribP"i`r'.ga=e Period, Also, a i Slly'J' purl:'ng documentation related IG
these r: ypenditur-es will be retained in accordance vifth, grant guidelines.
Authorized epartr ent Approval:
Print Name
Please Remit Payment to;
ramq
Address
Phone. No. (extension) Fax No,
EEC be compleleid by H PS Accountr,,g i.:`f.'.pprtrrnent
DHISWOE S Reimvi.irse;r ent Request Bv,-, 8 n ac:'sr. !D3
}I )S/:.3ia.a 'irirish:ir.`iU>71e:ri R{:tivr�+eC. �il�i.93� I'.FiG'i�.{1: fztt7-_...... J
................ !% No.
i ransfe, to Depart J% it at No..
EXHIBIT M
PURCHASING DETAIL WORKSHEET
/00000
cc cc
yy\§(
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 15, 2007
Ms. Laura Shin, Compliance Specialist
Mayor's Criminal Justice Planning Office
City of Los Angeles
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Re: 2006 UASI Agreement - Use of 2006 Urban Areas Security Initiative
Grant Funds
Dear Ms. Shin:
Transmitted herewith are two executed agreements, as referenced above,
approved by City Council on November 6, 2007, through Resolution No.
9456.
Please return one fully executed original agreement to the attention
of the,undersigned.
If you have any questions regarding this matter, please call Mr. Mark
Whitworth, at (323) 583-8811 ext. 280.
t Very truly yours,
el y Gi o
City Clerk
NG:dr
c: Mark Whitworth
Sharon Duckworth
Resolution No. 9456
Agreement File No. 07-129
Excfusivefy Industfid