Resolution No. 95201 RESOLUTION NO. 9520
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
4 SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF LOS
5 ANGELES AND THE CITY OF VERNON REGARDING THE USE OF
2005 URBAN AREAS SECURITY INITIATIVE GRANT FUNDS
6
7 WHEREAS, on May 3, 2006, the City Council of the City of
8 Vernon adopted Resolution No. 9026 approving an Agreement (the
9 "Agreement") with the City of Los Angeles ("Los Angeles") for the
10 distribution of 2005 Urban Area Security Initiative grant funds to the
11 Police and Fire Departments for equipment (the "2005 Grant"); and
12 WHEREAS, on March 1.9, 2007, the City Council of the City of
13 Vernon adopted Resolution No. 9272 approving a First Amendment to
14 Agreement Number C-109877 with Los Angeles to extend the time of
15 Performance of the Agreement to March 31, 2007; and
16 WHEREAS, the Police Department requested reimbursement for
17 the purchase of additional terrorism related equipment in 2007 under
18 the 2005 Grant; and
19
WHEREAS,
in order to
obtain the
reimbursement, Los
Angeles
20
required the City
to execute a
supplement
to the Agreement to
extend
21 the time of performance of the Agreement through December 31, 2007;
22 and
23 WHEREAS, in order to meet the urgent need to secure grant
24 funds, the Chief of Police and Lt. Daniel Calleros executed a
25 Supplemental Agreement on December 27, 2007, subject to ratification
26 by the City; and
27 WHEREAS, the City desires to approve and ratify the actions
28 of the Chief of Police and Lt. Daniel Calleros in executing the
1 Supplemental Agreement to extend the time of performance of the
2 Agreement.
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 execution of the Supplemental Agreement
10 Between the City of Los Angeles and the City of Vernon by the Chief of
11 Police and Lt. Daniel Calleros on December 27, 2007, a copy of which
12 is attached hereto as Exhibit A and incorporated by reference.
13 SECTION 3: The City Clerk of the City of Vernon shall,
14 certify to the passage of this resolution, and thereupon and
15 thereafter the same shall be in full force and effect.
16 APPROVED AND ADOPTED this 7th day of January, 2008.
17
18
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20 Name: Leonis C. Malburg
21 Title: Mayor
22 ATTEST:
23
24
25 MA UELA GIRON, City'Clerk
26
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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. 9520, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, January 7, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIR N, ity Clerk
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EXHIBIT A
SUPPLEMENTAL AGREEMENT
BETWEEN THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS SUPPLEMENTAL AGREEMENT to Contract No. C-109877
between the City of Los Angeles, a municipal corporation ("City"), acting through the
Mayor's Office, Homeland Security and Public Safety and the City of Vernon
("Contractor") is entered into with reference to the following:
WHEREAS on or about October 1, 2004, the City and the Contractor
entered into Contract No. C-109877 (hereinafter the "Original Agreement"), pursuant to
the Urban Area Security Initiative Grant 2005 (UASI '05), whereby the City distributed
UASI '05 Grant Funds, and the Contractor agreed to address the unique equipment,
training, planning and exercise needs of the area, to assist it in building an enhanced and
sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism;
and
WHEREAS, on April 27, 2007, an amendment to Contract
No. C-109877 was executed to extend time of performance through March 31, 2007 and
WHEREAS Contract No.. C-109877 expired on March 31, 2007 and the
City and Contractor now agree to continue Contractor's service to December 31, 2007 by
executing this Supplemental Agreement, as authorized by the Los Angeles Administrative
Code Section 14.8; and
NOW, THEREFORE, the parties hereby covenant and agree as follows:
Contract No: C-109877 is attached hereto as Exhibit 1 and incorporated
herein by this reference. The terms and conditions of said Contract shall be
the terms and conditions of this Supplemental Agreement, except as
expressly modified herein.
2. Term: The term of this Supplemental Agreement shall be from March 31,
2007 to December 31, 2007.
3. Compensation: There is no change to Section 301, Payment of Grant
Funds and Method of Payment.
4. , Except as herein amended, all terms and conditions of the Agreement shall
remain in full force and effect.
5. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original, but all of which together will constitute
one and the same instrument. This Agreement includes three (3)
City of Los Angeles & City of Vernon i 12/07
Supplemental Agreement
UASI 05
pages which constitute the entire understanding and agreement of the
parties.
6. Ratification Clause: Due to the need for the Contractor's services to be
provided continuously on an ongoing basis, Contractor may have provided
services prior to the execution of this Supplemental Agreement. To the
extent that said services were performed in accordance with the terms and
conditions of this Supplemental Agreement, those services are hereby
ratified.
City of Los Angeles & City of Vernon 2 12/07
Supplemental Agreement
LIASI 05
IN WITNESS WHEREOF, the City of Los Angeles and the Contractor 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
Public Safety, Mayor's Office
Date
ATTEST:
FRANK T. MARTINEZ, City Clerk
By
Deputy City Clerk
Date
(Contractor's Corporate
For: City of Vernon
Seal or Notary)
By
Print Name even M_ Tnwl Ps
Title Chi f o f P n 9 i rP
Date December 27, 2007
ATTEST:
By
Print Name Lt, Dan; ej_
Title Grant- Adman z+-rni-n
Date December 27 2007
k-.ny ou5mess License Number:
Internal Revenue Service ID Number:
Council file/OARS File Number: Date of Approval
Said Agreement is Number of City Contract
City of Los Angeles & City of Vernon 3 12/07
Supplemental Agreement
UAS105
Contract No. C-109877 EXHIBIT 1
AGREEMENT
Contractor:
C--k oc�g� *�
Said Agreement is Number of City Contracts
Section Number and Table
TABLE OF CONTENTS
I
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
TERM AND SERVICES TO BE PROVIDED
§201 Time of Performance
§202 Use of Grant Funds
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 Gov't PSA i
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Paae
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TABLE OF CONTENTS
Section Number and Table Page
§410
Bonds
14
§411
Indemnification
14
§412
Conflict of Interest
15
§413
insurance (Intentionally left blank)
16
§414
Restriction on Disclosures
16
§415
Statutes and Regulations Applicable to All Grant Contracts
16
§416
Federal, State, and Local Taxes
23
§417
Inventions, Patents and Copyrights
23
§418
Earned Income Tax Credit
24
§419
Equal Benefits Ordinance
24
§420
Contractor Responsibility Ordinance
25
§421
Slavery Disclosure Ordinance
25
§422
Child Support Assignment Orders
26
V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501 Defaults 27
§502 Suspensions (Intentionally left blank) 27
§503 Compliance With Grant Assurances 27
§504 Notices of Suspension and Termination (Intentionally left blank) 27
§505 Amendments 27
VI
ENTIRE AGREEMENT
§601 Complete Agreement 28
§602 Number of Pages and Attachments 28
Execution (Signature) Page 29
UASI Gov't PSA ii 08/05
T
'
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
Contractor's Authorized Expenditures
Exhibit E
Authorized Equipment
Exhibit F
Authorized Training
Exhibit G
Cash Encumbrance Form
Exhibit H
Cash Request Form
Exhibit I
Equal Employment Opportunity Plan
Exhibit J
Grant Assurances
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AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY
AND THE CITY OF Vernon
THIS AGREEMENT is made and entered into by and between the City of Los
Angeles, a municipal corporation (hereinafter called the "City,"), and City of Vernon, a
municipal corporation (hereinafter called "City of Vernon" or "Contractor").
WIT NESSETH
WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor'),
through the Office for Domestic Preparedness (ODP), has provided financial assistance
directly to selected jurisdictions through the Fiscal Year (FY) 2005 Urban Areas Security
Initiative ("UASI 05"); 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 Urban Area ("LAUA") consists of the City of Los
Angeles, the unincorporated area of the County of Los Angeles, and 16 cities with
contiguous borders, including City of Vernon); and
WHEREAS, the ODP awarded a UASI 05 Grant of $55,944,662 ("Grant Funds")
to the City of Los Angeles, as a Core City, for use in the LAUA; and
WHEREAS, the City has designated the Office of the Mayor, Criminal Justice
Planning ("Mayors Office") to provide for Criminal Justice Planning and terrorism
preparedness; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 05 Grant Funds
throughout the LAUA, as further detailed in this agreement ("Agreement") to City of
Vernon and others;
WHEREAS, the projects which are the subjects of this agreement, hereinafter
called the Agreement, has been established by the City as one of the above described
programs, and has been funded in the Mayor's Office budget by the U.S. Department of
Homeland Security, Urban Area Security Initiative Program (Grantor); and
WHEREAS, the services to be provided herein are of a professional, expert,
temporary, and occasional nature; and.
UASI Gov't PSA 4 0 8/ 0 5
WHEREAS, pursuant to Los Angeles City Charter Section 1022, the City Council
or designee has determined that the work can be performed more economically or
feasibly by independent contractors than by City employees; and
WHEREAS, the City and City of Vemon are desirous of executing this
Agreement as authorized by the City Council and the Mayor {refer to Council File
Number dated ) 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 08/05
� I �
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 Main
Street, Los Angeles, California 90012; and
B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa
Fe Avenue, California 90058.
§102. Representative of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this agreement and to whom formal notices, demands and communications shall
be given are as follows:
1. The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
Joe Jackson
Office of the Mayor, Criminal Justice Planning Office
City of Los Angeles
200 N. Spring Street, Third Floor
Los Angeles, CA 90012
2. The representative of the City of Vernon shall be:
Bruce V. Malkenhorst, Jr.
Acting City Clerk
4305 Santa Fe Ave.
Vernon, CA 90058
With copy to:
UASI Gov't PSA 6 08/05
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) working days of said change.
§103. Indeaendent 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. Proof of insurance as required by the City in accordance with Section 413 of this
Agreement and attached hereto as Exhibit A and made a .part hereof. (Not
applicable to this Agreement).
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 7 0 8/ 0 5
11
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on October 1, 2004 and end
December 31., 2006, 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. City of Vernon shall utilize the Grant Amount provided in Section 301 only for the
specified purposes authorized by the UASI 05 Grant, and for those items set
forth in Exhibit D. City of Vemon` shall notify the City of Los Angeles immediately
if the City of Vernon seeks to modify any of the specified purposes set forth in
Exhibit D.
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
Appendix A to the UASI 05 Grant Application, incorporated by reference, and
attached hereto as Exhibit E. City of Vernon must follow its own procurement
requirements as long as they meet the minimum federal requirements. Federal
procurement requirements for the UASI 05 Grant can be found at OMB Circular
A-102, Title 28 C.F.R. Part 66.36, and DOJ Financial Guide, Part III, Chapter 10.
D. Any training exercise paid pursuant to this Agreement shall have been pre -
authorized as provided by Appendix B to the UASI 05 Grant Application,
incorporated herein by reference, and attached hereto as Exhibit F.
E. 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 Terrorism Annex to the State's
Emergency Plan, 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 suchequipment in a manner
UASI Gov't PSA 8 08/05
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual aid Plan.
F. Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and DOJ Financial Guide, Part 111,
Chapter 6. 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 projector
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 record shall be maintained for each item of Equipment acquired for the
program. This record must be updated yearly 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 DOJ Financial Guide, Part
Ill, Chapters 6 and 12.
4. All equipment obtained under this Agreement shall have an 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 two years.
UASI Gov't PSA 9 0 8/ 0 5
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 of One
Hundred Thirty Three Thousand One Hundred Eleven Dollars ($133,111) to be
used for purchase of equipment and training as described in Section 202 above.
The Grant Amount represents the amount allocated to City of Vernon in the FY
'05 UASI grant award notice. '
B. The City of Vernon may make UASI purchases without having to front its own
funds. Once purchases are cleared through Vernon's internal procurement
process, a copy of the purchase order, a copy of the invoice and/or quotation for
that item, and a Cash Encumbrance Form, attached hereto as Exhibit G, shall be
submitted to the City of Los Angeles for approval.. After approval is granted, the
City of Vernon shall obtain from its vendor a final invoice, and present it to the
City of Los Angeles three weeks before delivery. The final invoice shall be
accompanied by a Cash Request Form, attached hereto as Exhibit H, detailing
the expenditures made by City of Vernon as, authorized by Section 202 above'.
Upon receipt of the final invoice, the City of Los Angeles will process a check in
the final invoice amount to the City of Vernon. Upon delivery, the City of Vernon
will forward to the City of Los Angeles, a copy of the item's packing slip, the
physical storage location, and the internal tracking number for the item.
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 2005, Homeland Security Grant Program, Program
Guidelines and Application Kit, page 44. 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. The City of Vernon shall advance its own funds and seek reimbursement for any
training exercises. The City of Vernon shall provide to the City invoices
requesting payment, accompanied by a Cash Request Form, attached hereto as
Exhibit H, detailing the expenditures authorized in Section 202. Payment of final
invoices shall be withheld by the City of Los Angeles until. the City has
determined that Vernon has completed the requirements of this Agreement.
E. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set herein.
F. This section intentionally blank.
UASI Gov't PSA 10
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G. Funding for all periods of this contract is subject to the continuing availability of
federal funds for this program to City of Vernon. The Agreement may be
terminated immediately upon written notice to City of Vernon of a loss or
reduction of federal grant funds.
UASI Gov't PSA 11 0 8 / 0 5
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
Irrthe 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
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
UASI Gov't PSA 12 08/05
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,
the Equal Employment practices provisions of this Agreement shall be the
UASI Gov't PSA 13 0 8 / 0 5
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 the OCR
letter dated July 29, 2002, attached to the UASI 05 Grant application as
Appendix E, incorporated herein, and attached hereto as Exhibit I.
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.
UASI Gov't PSA 14 0 8 / 0 5
§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
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:
The term "immediate family" includes but is not limited to domestic partner
andtor 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. No members of the Board of Directors may be employed by the Contractor if this
Contractor is a corporation.
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,
UASI Gov't PSA 15 0 S / 0 5
employee, or agent).
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, direct or 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 its enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and
"sub -subcontractor" for "Subcontractor".
§413. insurance (Intentionally Left Blank)
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250 et 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 stater 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:
UASI Gov't PSA 16 08/05
1. , Office of Management and Budget (OMB) Circulars
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 Vemon, 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
UASI Gov't PSA 17 0 8 / 0 5
Certification Regarding Lobbying and a Disclosure Form, if required, in
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.
7. Subcontracts and Procurement
City of Vernon shall comply with the federal and City standards in the
award of any subcontracts. For purposes of this Agreement, subcontracts
UASI Gov't PSA - 18 0 8 / 0 5
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), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards
for federally -assisted construction subagreements.
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 be used to promote or deter Union/labor organizing
activities. CA Gov't Code Sec. 16645 et seg,
Hatch Act (5 USC §§1501-1508 and 7324-7328).
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
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
UASI Gov't PSA 19 0 8 / 0 5
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 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.
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.
UAS I Gov't PSA 20 0 8/ 0 5
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).
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.
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.
UASI Gov't PSA 21 08/05
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 123721
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 Il; 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 42,
Nondiscrimination/Equal employment Opportunities Policies and
Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 64, Floodplain Management and Wetland
Protection Procedures; and Federal laws or regulations applicable to
federal Assistance Programs.
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.
UASI Gov't PSA 22 1 08/05
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.
§416. Federal. State and Local Taxes
Federal, State and local taxes shall be the responsibility of City of Vemon 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, 12/22187, 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.
UASI Gov't PSA 23 0 8/ 0 5
C. Copyright Policy
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
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
Unless otherwise exempted in accordance with the provisions of the Equal
Benefits Ordinance (EBO), Section 10.8.2.1 of the Los Angeles Administrative
Code, this Contract is subject to the provisions of the EBO as amended from
time to time.
A. During the performance of the Contract, the Contractor/Consultant
certifies and represents that the Contractor/Consultant will comply with the
UASI Gov't PSA 1 24 08/05
EBO. The Contractor/Consultant agrees to post the following statement in
conspicuous places at its place of business available to employees and
applicants for employment:
"During the performance of a Contract with the City of Los Angeles,
the Contractor/Consultant will provide equal benefits to employees
with spouses and its employees with domestic partners. Additional
information about the City of Los Angeles' Equal Benefits
Ordinance may be obtained from the Department of Public Works,
Bureau of Contract Administrator, Office of Contract Compliance
Section at (213) 847-6480."
B. The failure of the Contractor/Consultant to comply.with the EBO
will be deemed to be a material breach of the Contract by the
Awarding Authority.
C. If the Contractor/Consultant fails to comply with the EBO the Awarding
Authority may cancel, terminate or suspend the Contract, in whole or in
part, and all monies due or to become due under may be retained by the
City. The City may also pursue any and all other remedies at law or in
equity for any breach.
D. Failure to comply with the EBO may be used as evidence against the
Contractor/Consultant in actions taken pursuant to the provisions of Los
Angeles Administrative Code Section 10.40 et seq., Contractor
Responsibility Ordinance.
E. If the Office of Contract Compliance determines that a
Contractor/Consultant has set up or used its Contracting entity for the
purpose of evading the intent of the EBO, the Awarding Authority may
terminate the Contract on behalf of the City. Violation of this provision may
be used as evidence against the Contractor/Consultant in actions taken
pursuant to the provisions of the Los Angeles Administrative Code Section
10.40 et seq., Contractor Responsibility Ordinance.
§420. Contractor Responsibilily 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.
UASI Gov't PSA 25 08/05
§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 Angeles Administrative Code. City of Vernon shall
comply with California Family Code Section 5230 et seq. as applicable.
UASI Gov't PSA 26 08/05
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 intentionally left blank.)
§503. 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 J. 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.
§504. (This section intentionally left blank.)
§505. Amendments
Any change in the terms of this Agreement. including changes in the services to
be performed by 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 Contract.
UAS I Gov't PSA 27 0 8/ 0 5
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 thirty (30) pages and ten (10)
Exhibits which constitute the entire understanding and agreement of the parties.
UASI Gov't PSA 28 08/05
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
ROCKARD J. DELGADILLO, City Attorney
By�Y
Deputy City Attorney
Date Ko .200
ATTEST:
FRANK T. MARTINEZ, City Clerk
I
I
�. \ o 1-1
APPROVAL AS TO FORM:
By
City Attorney for LOity of Vernon
Date 5 — 2 --0 fo
Eric Fresch
ATTEST
By: l
,20kn ( A tiiLj C*v ,Clerk
Execut-d this a " day of
2005
For: THE CJ71 OF LOS ANGELES
'lam
Jbe Jackson
OFFICE OF CRIMINAL JUSTICE
PLANNING
Executed this 3rd day of
May , 2M 2006
For: City of Vernon,
a municipal corporation
By
L IS C. MALB , Mayor
Date � 1 l 10'f
Bruce V. Ma1k nhor t, Jr.
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
Said Agreement is Number of City Contracts
UASI Gov't PSA 29 0 8/ 0 5
EXHIBIT A
(This page intentionally left blank)
UASI Gov't PSA 30 0 8/ 0 5
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants'
responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify
to any of the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
AGREEMENT NUMBER
City of Vernon
CONTRACTOR/BORROW ER/AGENCY
Bruce V. Malkenhorst, Jr., Acting City Clerk
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
UASI Gov't PSA 31 0 8 / 0 5
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 knowinglyenters 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:
UASI Gov't PSA 32 08/05
EXHIBIT C
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
City of Vernon
CONTRACTOR/BORROWERIAGENCY
Bruce V. Malkenhorst, Jr., Acting City Clerk
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE-
DA
UASI Gov't PSA -33 08/05
EXHIBIT D
CONTRACTOR'S AUTHORIZED EXPEDITURES
UASI Gov't PSA 34 0 8/ 0 5
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AUTHORIZED EQUIPMENT
APPENDIX A TO THE UASI 2005 GRANT APPLICATION
UASI Gov'tPSA 35 08/05
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EXHIBIT F
AUTHORIZED TRAINING
APPENDIX E AND F OF THE FY 2005 HOMELAND SECURITY GRANT PROGRAM
GUIDELINES
UASI Gov't PSA 36 48 / 0 5
Eligiblefederal Terrorism Training Courses
This information has been drawn from the Compendium of Federal Terrod m Training for State and Local
Audiences. Grantees can access this list of eligible federal terrorism preparedness courses electronically
on the Training section of the ODP webstte(htto://www.oip.usdoi.aov/odp&Wning htm) and click on the
course name to view all course information. The additional course information is also available directly
through the Compendium at http•/Avww fame Goy/com mMiu nfmdex iw
Sponsor. U.S., Army Dugway Proving Ground, Special Programs Division
Advanced incident Command System (ICS)
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
reaerai uepartmenvAgency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
Advanced Radiation incident Operations (ARID)
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
Advanced Safety Operations and Management
Federal DepartmentlAgency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor FEMA/National Fire Academy
Anent Characteristics and Toxicity --First Aid and Special Treatment (ACTFAST)
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Basic Incident Command
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
reaerar uepartmenvAgency--,. Department of. Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Command and Control of Incident Operations
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
F-1
Sponsor.
Eligible Federal Terrorism Training Courses
Coftyll of Operatlorm at Mufti -Alarm Incidents
tent/Agency: Department of Homeland Security, FEMA, National Fire Academy
/ National Fire Academy
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
r-eoeral Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor FEMA / National Fire Academy
Critical Response Team C RTI Trainina
Federal Department/Agency: Department of Defense
Sponsor. CBC, PBA, ARC, and GP
Ememencv Response to Crlminal/Terrodst Incidents
Federal Department/Agency:Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Ememencv Response to Terrorism: Awareness
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
Emergency Response to Terrorism: Basic Concepts
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
Emergency Response to Terrorism: Self -Study
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National, Fire Academy
Ememencv Response to Terrorlsm: Tactical Considerations --EMS
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Emeraency Response to.Tenrorism: Tactical Considerations --Hazardous Materials
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor: FEMA / National Fire Academy
Field Management of Chemical and Blolonical Casualties
Federal Department/Agency: Department of Defense
Sponsor. U.S. Army Medical Research Institute of Chemical Defense (MRICD)
F-2
Eligible Federal Terrorism Training Courses
Fundamentals Course for BMIalwksl Response
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor FEMA / Emergency Management Institute
Incident Command for Hiahrise Orations
Federal Depadment/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA / National Fire Academy
Incident Command for Structural Collapse Incidents
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA/ National Fire Academy
Incident Command System for Law Enforcement Agencies
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
Incident Command System for Public Works
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
Incident Command System Self -Stu ft
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA-National Fire Academy
Incident Command System/Emergency Operations Center IICS/EOC1 Interface
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management institute
Incident Response to Terrorist Bombings - Awareness
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor NMT, EMRTC, member of NDPC
Incident Safety Officer
Federal Department/Agency: Department of Homeland Security, FEMA, National Fire Academy
Sponsor. FEMA/ National Fire Academy
Intermediate Incident Command System (ICS)
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
Personal Protecdve Eguioment
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor. FEMA / CSEPP
Preparing for and Managing the Consequences of Terrorism
Federal Department/Agency: Department of Defense
Sponsor. National Interagency Civil -Military Institute (NiCI)
F-3
Eligible Federal Terrorism Training Courses
R"CT FAST -11 Video/DVD (Refresher of Anent Characteristics and Taxiaologv First Aid and
SDAcial Treatment)
Federal DepartmentlAgency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Security Training Commes• Response to Weapons of Mass Destruction
Federal Department/Agency: Department of Transportation
Sponsor. Federal Transit Administration
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
Terrorism Plannina Course
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor: FEMA / Emergency Management Institute
Use of Auto -Injectors by Civilian Emergency Medical Personnel
Federal Department/Agency: Department of Homeland Security, FEMA, Chemical Stockpile Emergency
Preparedness Program
Sponsor: FEMA / CSEPP
Federal Department/Agency: Department of
for Domestic Preparedness
Sponsor: Office for Domestic Preparedness
for Domestic Preparedness
Sponsor. Office for Domestic Preparedness
, Border & Transportation Security, Office
& Transportation- Security, Office
Weapons of Mass Destruction Crime Scene Management for Emergency Responders
Federal DepartmenVAgency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: Community Research Associates (CRA)
Weapons of Mass Destruction HazMat Evidence Collection
Federal Department/Agency: Department of Justice - Federal Bureau of Investigation
Sponsor: Community Research Associates (CRA)
Federal Department/Agency: Department of Defense
Sponsor. CBC, PBA, ARC, and GP
WMD AIM CBT ADPIlcation Disk 1: Incident Commander and Staff
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD AIM CBT AnDlication Disk 2: HAZMAT - First Responder
Federal Department/Agency: Department of Energy
Sponsor: DOE
F-4
Eligible Federal Terrorism Training Courses
WMD AIM CST Application Disk 3• Hospital and EMS - F
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD AIM CST Applicatkm Qjjk 4: General Education
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD CST Disk 1: Chemical Exerci$g
Federal Department/Agency: Department of Energy
Sponsor. DOE
WMD CST Disk 2: Sioloaical Exemise
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD CST Disk 3: High-Exploolve Exercise
Federal Department/Agency: Department of Energy
Sponsor. DOE
WMD CST Disk 4: Radioloaical Exercise
Federal Department/Agency: Department of Energy
Sponsor: DOE
WMD Radiolonical/Nuclear Awareness Train -the -Trainer
Federal Department/Agency: Department of Energy
Sponsor: NNSA/NV and NCEE
WMD Radiolonical/Nuclear Course for HazMat Technicians
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: NNSA / NV, NCEE, member of NDPC
WMD RadiolooicailNuciear Responder Operations Course
Federal Department/Agency: Department of Homeland Security, Border & Transportation Security, Office
for Domestic Preparedness
Sponsor: NNSA / NV, NCEE, member of NDPC
WMD Scenarios
Federal Department/Agency: Department of Homeland Security, FEMA, Emergency Management
Institute
Sponsor. FEMA / Emergency Management Institute
WMD/Terrorism Chapter Leadership Course
Federal Department/Agency: Department of Defense
Sponsor: CBC, PBA, ARC, and GP
F-5
EXHIBIT G
CASH ENCUMBRANCEFORM
UASI Gov't PSA 37 0 8/ 0 5
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EXHIBIT H
CASH REQUEST FORM
UAS I Gov't PSA 38 0 8/ 0 5
EXHIBIT I
EQUAL EMPLOYMENT OPPORTUNITY PLAN
OCR LETTER DATED JULY 29, 2002
ATTACHED TO THE UAS12005 GRANT APPLICATION AS APPENDIX E
UASI Gov't PSA 39 '08/OS
EXHIBIT J
GRANT ASSURANCES
UASI Gov't PSA 40 U 8/ 0 5
Office of Homeland Security
Grant Assurances
Name of Applicant: Cb of Los Angglej
Address: 200 North Spring Street Room M175
City: Los An ales State: CA Zip Code: 90012
Telephone Number: (2131978-0714
Fax Number: (213) 978-0718
E-Mail Address: jjackson a@Mpy r Tacit r�org
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'subgranted 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 Comptroller General of the United States, the State of
California, through any authorized representative, access to and the right to examine all
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. •
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.
FY05 Homeland Security Grant Program Page 40
8. 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 DC 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 VM of the Civil Rights Act of 1968 (42 U.S.C. § 3601 at 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, CM 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.
9. Will comply, or has already complied, with the requirements of Titles .0 and III of the .
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (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.
10. 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.
FY05 Homeland Security Grant Program Page 41
l I
11- 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
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).
12, 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.
13. 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).
14. 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.l(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448.
15. 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.
16. 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, $ubpart F).
FY05 Homeland Security Grant Program Page 42
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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;
a 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 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 than $10,000 and not more than $100,000 for each such
failure.
FY05 Homeland Security Grant Program Page 43
24. 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 Terrorism Annex to the State's Emergency
Plan, and will be deployed in conformance with that plan.
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.
25. 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.
26. Will comply with all/applicable Federal statutes, regulations, policies, guidelines and
.requirements, including OMB Circulars A-87 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, that govern the application, acceptance and use of
Federal funds for this federally -assisted project.
27. 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.
28. Will comply with 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 42, Nondisedmination/Equal
Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the
National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection
Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.
29. 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.
30. Will comply with Subtitle A, Title H of the Americans with Disabilities -Act (ADA) 1990.
r i ua nomeiana Secunty (;rant Program Page 44
31. 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.
32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
33. Will comply with the financial and administrative requirements set forth in the current edition
of the Office of Justice Programs (OJP) Financial Guide.
34'. 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.
35. 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,
36. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
The undersigned represents that he/she is authorized by th above named applicant to enter into this
agreement for and on behalf of the said applican
Signature of Authorized Agent:
Printed Name of Authorized Agent: Joe Jackson
Title: Director, Criminal Justice Planning Office Date: April 6.2005
FY05 Homeland Security Grant Program Page 45
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 17, 2008
TO: Steve Towles, Chief of Police
FROM: Kristen Enomoto, Deputy City Clerk K-
RE: RESOLUTION NO. 9520 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the
Execution of a Supplemental Agreement Between the City
of Los Angeles and the City of Vernon Regarding the
Use of 2005 Urban Areas Security Initiative Grant
Funds
Transmitted herewith is a cop
y of Resolution No. 9520, as
referenced above, which was approved by City Council on January
7, 2008, and a copy of the partially executed supplement to
agreement C-109877.
Thank you.
KE:dr
c: Sharon Duckworth
Mark Whitworth
Resolution No. 9520
Agreement 08-003
SUPPLEMENTAL AGREEMENT
BETWEEN THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS SUPPLEMENTAL AGREEMENT to Contract No. C-109877
between the City of Los Angeles, a municipal corporation ("City"), acting through the
Mayor's Office, Homeland Security and Public Safety and the City of Vernon
("Contractor") is entered into with reference to the following:
WHEREAS on or about October 1, 2004, the City and the Contractor
entered into Contract No. C-109877 (hereinafter the "Original Agreement"), pursuant to
the Urban Area Security Initiative Grant 2005 (UASI '05), whereby the City distributed
UASI '05 Grant Funds, and the Contractor agreed to address the unique equipment,
training, planning and exercise needs of the area, to assist it in building an enhanced and
sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism;
and
WHEREAS, on April 27, 2007, an amendment to Contract
No. C-109877 was executed to extend time of performance through March 31, 2007 and
WHEREAS Contract No. C-109877 expired on March 31, 2007 and the
City and Contractor now agree to continue Contractor's service to December 31, 2007 by
executing this Supplemental Agreement, as authorized by the Los Angeles Administrative
Code Section 14.8; and
NOW, THEREFORE, the parties hereby covenant and agree as follows:
Contract No. C-109877 is attached hereto as Exhibit 1 and incorporated
herein by this reference. The terms and conditions of said Contract shall be
the terms and conditions of this Supplemental Agreement, except as
expressly modified herein.
2. Term: The term of this Supplemental Agreement shall be from March 31,
2007 to December 31, 2007.
3. Compensation: There is no change to Section 301, Payment of Grant
Funds and Method of Payment.
4. Except as herein amended, all terms and conditions of the Agreement shall
remain in full force and effect.
5. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original, but all of which together will constitute
one and the same instrument. This Agreement includes three (3)
City of Los Angeles & City of Vernon 1 12/07
Supplemental Agreement
UASI 05
pages which constitute the entire understanding and agreement of the
parties.
6. Ratification Clause: Due to the need for the Contractor's services to be
provided continuously on an ongoing basis, Contractor may have provided
services prior to the execution of this Supplemental Agreement. To the
extent that said services were performed in accordance with the terms and
conditions of this Supplemental Agreement, those services are hereby
ratified.
City of Los Angeles & City of Vernon 2 12/07
Supplemental Agreement
UASI 05
IN WITNESS WHEREOF, the City of Los Angeles and the Contractor have caused
this Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY: For: THE C OF LOS ANGELES
ROCKARD J. DELGADILLO, City Attorney
ANTONI R. V LLARAIGO ayor
By _CZP'
Deputy City Attorney By
Date � 2 -Z /- O� Antoni . Villaraigosa, Mayor
Homeland Security and
Public Safety, Mayor's Office
ATTEST: Date 1 a ZOOS
FRANK T. MARTINEZ, City Clerk
By
Deputy City Clerk
Date l �'
(Contractor's Corporate For: City of Vernon
Seal or Notary)
By
Print Name
Title
Date
ATTEST:
By
Print Name
Title
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
Said Agreement is Number C 01877--5A I of City Contract
City of Los Angeles & City of Vernon 3 12/07
Supplemental Agreement
UASI 05
IN WITNESS WHEREOF, the City of Los Angeles and the Contractor 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
(Contractor's Corporate
For:
City of Vernon
Seal or Notary)
By
Print
Name Steven M. Towles
Title
Chief of Police
Date
December 27, 2007
ATTEST:
C�
By���
Print
Name Daniel Cal l eros
Title
Grant Administrator
Date
December 27, 2007
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
Said Agreement is Number of City Contract
City of Los Angeles & City of Vernon 3 12/07
Supplemental Agreement
UAS1 05
Police Department
City Of Vernon
January 30, 2008
TO: Eric Fresch, City Administrator
FROM: Steve Towles, Chief of Police
SUBJECT: Urban Area Security Initiative Grant FY 05 Contract Amendment
The enclosed document is an original duplicate of the executed Supplemental Agreement between the
City of Los Angeles and the City Of Vernon in connection with Fiscal year 2005, Urban Areas Security
Initiative Grant.