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Resolution No. 9671y � 1 RESOLUTION NO. 9671 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A FIRST SUPPLEMENTAL AGREEMENT BY AND BETWEEN THE 5 CITY OF VERNON AND THE CITY OF LOS ANGELES REGARDING THE USE OF 2006 URBAN AREAS SECURITY 6 INITIATIVE GRANT FUNDS AND AUTHORIZING THE PURCHASE OF EQUIPMENT BY JOINING ON THE COUNTY OF LOS ANGELES CONTRACT AWARDED TO L.N. CURTIS & SONS 8 9 WHEREAS, on November 6, 2007, the City Council of the City of 10 Vernon adopted Resolution No. 9456' approving an Agreement with the City 11 of Los Angeles (Contract Number C-113101) (the "Agreement") for the 12 'distribution of 2006 Urban Area Security Initiative (112006 UASI") grant 13 funds to the Fire Department for ^training of Haz Mat and USAR teams in 14 the sum_of $257,580.00 effective August 28, 2006 through March 31, 15 2008; and 16 WHEREAS, the City of Los Angeles and the City of Vernon seek 17 to supplement'the Agreement (i) to add funds in the amount.of 18 $213,902.00 that was omitted from the Agreement due to a technical 19 error, thereby raising -the total grant funds to the sum of $471,482.00 20 and (ii) to extend the time of performance to September 30, 2008; and 21 WHEREAS, in order to obtain reimbursement, the City of Los 22 Angeles is requiring,the City to execute a supplement to the 23 Agreement; and 24 WHEREAS, Fire Department requested reimbursement for the 25 purchase of Southern California Area Personal Protective Equipment 26 Consortium Respiratory Protection Products such as air cylinders, 27 backframe harnesses, facemasks with headnets and voice amplification 28 communication_ systems and victim supply bags (the "Equipment") under 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the 2006 UASI grant; and WHEREAS, the County of Los Angeles and L.N. Curtis & Sons entered into Contract No. MA-IS-43634-1, RFP-IS-1012-2 (the "Contract") under which L.N. Curtis & Sons ("L.N.") provides self- contained breathing apparatus (complete system including backframe/harness, air cylinder, facemasks and other parts) and accessories as well as training videos and maintenance programs to Los Angeles area cities; and WHEREAS, L.N. has provided the Fire Department with a quote dated July 8, 2008 to provide the Equipment for the sum of $213,863.57, which includes tax; and WHEREAS, the Fire Chief has recommended that the Equipment be purchased from L.N. in accordance with the County of Los Angeles Contract; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of Subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to issue a purchase order to L.N. for the Equipment to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED.BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereina�ove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the First .Supplemental to Agreement Number C-113101 of City of Los Angeles Contract with the City of Los Angeles (the "First Supplemental Agreement"), in substantially the same form as the. copy - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor'Pro-Tem to execute said First Supplemental Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Agreement. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute any and all documents necessary for the purpose of securing the additional grant funds and to take any action deemed necessary to implement and carry out the terms and conditions of the First Supplemental Agreement and/or this Resolution. SECTION 6: The City Council of the City of Vernon hereby authorizes the Purchasing Agent, or her designee, to purchase the Equipment from L.N., in accordance with the Contract with the County of Los Angeles, by issuance of a purchase order and authorizes the City Administrator, or his designee, to sign and delivery any and all. documents necessary in connection therewith for, and on behalf of, the City of Vernon. SECTION 7: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send two executed First Supplemental Agreements to: Eve LaDue, Compliance Specialist Office of the Mayor, Homeland Security and Public Safety City of Los Angeles 200 N. Spring Street, Room 303 Los Angeles, CA 90012 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28_ SECTION 8: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 215t day of July, 2008. ATT T: ELA I Clerk - MA Name: Leonis'--C. Maiburg Title: Mayor - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 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. 9671, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 21, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) - 5 - MANUELA G RO City Clerk EXHIBIT A FIRST SUPPLEMENTAL TO AGREEMENT NUMBER C-113101 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SUPPLEMENTAL AGREEMENT to Contract Number C-113101 of City of Los Angeles Contract is made and entered into by and between the City of Los Angeles, a municipal corporation (hereinafter called the "City,"), and the City of Vernon, a municipal corporation (hereinafter called "City of Vernon" or "Contractor'). WITNESSETH WHEREAS, the City and the City of Vernon have entered into an Agreement wherein the City of Vernon shall provide certain services and the City shall pay for them using UASI 06 Grant Funds, said Agreement effective August 28, 2006 through March 31, 2008 shall hereinafter be referred to as the Agreement; and WHEREAS, the Grantor has extended the ending date of UASI 06 on a project -by -project basis; and WHEREAS, the City and Contractor now seek to continue Contractor's services as described elsewhere in this Agreement; and WHEREAS, on April 18, 2006, the Los Angeles City Council authorized (CF# 07-0582) a contract with the Contractor, allocating $471,482 in UASI 06 Grant Funds, for certain services as described in Section 202.A of the Agreement; and WHEREAS, there was a technical error in the Agreement which allocated only $257,580; and WHEREAS, the City and the Contractor are desirous of correcting this technical error; and WHEREAS, the City is authorized to correct this technical error, and add additional time to the Agreement, pursuant to Los Angeles Administrative Code Section 14.8; and WHEREAS, the City and Contractor seek to supplement the -Agreement to _(a) add Two Hundred Twelve Thousand Nine Hundred Two Dollars ($213,902) for a new total of $471,482; (b) extend the Time of Performance and (c) make such other changes as are required in connection with the foregoing, all as detailed elsewhere in this Agreement. First Supplemental Agreement 1 7/08 City of Los Angeles & City of Vernon UASI 06 NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Contract No. C-113101 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. Section 201, Time of Performance, is deleted and replaced by revised Section 201, Time of Performance: The term of this Agreement shall commence on August 28, 2006, and end as follows: training, as specified in this Agreement, must be completed by September 30, 2008 plus any additional period of time as is required to. complete the close out activities; the purchase and distribution of equipment, as specified in this Agreement must be completed by November 28, 2008 plus any additional period of time as is required to complete the close out activities. Alternatively, this Agreement may terminate earlier upon the final disbursement of all.of the Grant Amount (as defined in Section 301) Said term is subject to the provisions herein. This amendment adds additional time, determined by the Grantor, for the completion of the Agreement. 3. Section 301A, Payment of Grant Funds and Method of Payment, is amended by deleting the current total dollar amount of $257,580 and replacing it with the new total dollar amount of $471,482. This amendment adds funds in the amount of $213,902 that were omitted from the Original Agreement due to a technical error. 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) pages which constitute the entire understanding and agreement`of the parties. First Supplemental Agreement 2 7/08 City of Los Angeles & City of Vernon UAST 06 IN WITNESS WHEREOF, the City and City of Vernon have caused this Agreement to be executed by their rll li11 al ifhnri-7orl rnr%roc ^-4-fi,,-- - --'-' APPROVED AS TO FORM AND IliJG11lGUVGJ. For: THE CITY OF LOS ANGELES LEGALITY: ROCKARD J. DELGADILLO, City ANTONIO R. VILLARAIGOSA, Attorney Mayor By By Deputy City Attorney' Antonio R. Villaraigosa, Mayor Homeland Security and Date Public Safety, Mayor's Office Date ATTEST: Karen E. Kalfayan, City Clerk By Deputy City Clerk Date APPROVED AS TO FORM: For: City of Vernon, a municipal corporation By Cit� Attorney Je f A. By Harrison Date Leonis C. Malburg, Mayor Date ATTEST: By City Clerk Manuela Giron Date oily uUaii Icaa LR.CI IJC IVUIIIIJef. Internal Revenue Service ID Number: Council File%OARS File Number: _ Said Agreemenfis Number _ Date of Approval of City Contracts First Supplemental Agreement 3 7/08 City of Los Angeles & City of Vernon UASI 06 0 EXHIBIT I i a AGREEMENT Contractor: City of Vernon City Contract Number C- ID TABLE OF CONTENTS Section Descri tion 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 §203. This Section is Left Intentionally Blank III PAYMENT §301. Payment of Grant Funds and Method of Payment IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein §402. Applicable Law, Interpretation and Enforcement §403. Integrated Agreement §404. Excusable Delays §405. Breach §406. Prohibition Against Assignment or Delegation §407. Permits §408. Non Discrimination and Affirmative Action §409. Los Angeles City Business Tax Registration Certificate UASI 06 GoVt-PSA i Vernon Paae 5, 5 6 7 7 7 ir 11 11 11 11 12 12 12 12 13 5/07 TABLE OF CONTENTS Section Description Pane §410. Bonds 13 §411. Indemnification 13 §412. Conflict of Interest 14 §4.13. Insurance (This Section is Left Intentionally blank) 15 §414. Restriction on Disclosures 1.5 §415. Statutes and Regulations Applicable to All Grant Contracts 15 §416. Federal, State, and Local Taxes 23 §417. Inventions, Patents and Copyrights 23 §418. Earned Income Tax Credit 25 §419. Equal Benefits Ordinance 25 §420. Contractor Responsibility Ordinance. 25 §.421. Slavery Disclosure Ordinance25 §422. Child Support Assignment Orders 25 §423. MBENVBE V DEFAULTS, SUSPENSION TERMINATION AND AMENDMENTS §501. Defaults 26 §502. This Section is Left Intentionally Blank 26 §503. This Section is Left Intentionally Blank 26 §504. This Section is Left Intentionally Blank 26 §505. Amendments 26 VI ENTIRE AGREEMENT §601. Complete Agreement 27 §602. Number of Pages and Attachments 27 Execution (Signature) Page 28 UASI 06 Gov't PSA ii 5/07 Vernon EXHIBITS Exhibit A Insurance (Not applicable to this Agreement) Exhibit.B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Lobbying Exhibit D This Section is Left Intentionally Blank Exhibit E Grant Assurances Exhibit F Equipment Ledger Exhibit G Allowable Cost Matrix Exhibit H Authorized Training Exhibit I Authorized Exercises Exhibit J Authorized Planning Exhibit K Authorized Organizational Activities Exhibit L Reimbursement Request Form Exhibit M Purchasing Detajl Worksheet UASI 06 Gov't PSA 5/07 Vernon AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City,"), and City of Vernon, a municipal corporation (the "City of Vernon" or "Contractor"). WITNESSETH. WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"), through the Office of Grants and Training (G&T), has provided financial assistance directly to selected Jurisdictions through the Fiscal Year (FY) 2006 Urban Areas Security Initiative ("UASI 06"); and WHEREAS, this financial assistance is administered by the City of Los Angeles and is overseen by the California Office of Homeland Security (OHS); and WHEREAS, this financial assistance is being provided to address the unique equipment,. training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Los Angeles/Long Beach Urban Area ("LAILBUA") consists of the City of Los Angeles, the City of Long Beach, the unincorporated area of the County of Los Angeles, and 27 participating jurisdictions, including City of Vernon); and WHEREAS, the G&T awarded a UASI 06 Grant of $64,448,000 ("Grant Funds") to the City of Los. Angeles, as a Core City, for use in the LA/LBUA; and WHEREAS, the City has designated the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office") to provide for terrorism prevention and emergency preparedness; and . WHEREAS, the Mayor's Office now wishes to distribute UASI 06 Grant Funds throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of Vernon and others; WHEREAS, the City and City of Vernon are desirous of executing this .Agreement as authorized by the City Council and the Mayor (refer to Council File Number 07-0582) which authorizes the City to prepare and execute the. Agreement. NOW; THEREFORE, the City of Los Angeles and City of Vernon agree as follows: UASI Gov't PSA 5/07 I fNTRODUCTION §101. Parties.to the Aareement The parties to this Agreement are: A. The City, a municipal corporation, having its principal office at 200 North Spring Street, Los Angeles; California 90012; and B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa Fe Avenue, Vernon, CA 90058 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized. to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Los Angeles shall be, unless otherwise stated In the Agreement: Arif Alikhan, Deputy Mayor Office of the Mayor Homeland Security and Public Safety 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Phone: (213) 978-0687 Fax:. (213) 978-0718 Arif.Alikhan@la.city.org 2. The representative of City of Vernon shall be: Manuela Giron, City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Phone: (323) 583-8811 Fax: (323) 826-1438 ngiron@ci.vernon.ca.us with a copy to: UASI Gov't PSA 5107 David Lazar,. Battalion Chief Vernon Fire Department 3375 Fruitland Ave Vernon, CA 90058 Phone: (323) 583-4821, ext .512 Fax: (323) 583-0495 dlazar@ci.vernon.ca.us B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Part City of Vernon is acting hereunder as an independent party, and not as an agent or employee of the City of Los Angeles. No employee of City of Vernon, is, or shall be an employee of the City of Los Angeles by virtue of this Agreement, and City of Vernon shall so inform each employee organization and each employee who is hired or retained under this Agreement. City of Vernon shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City of Los Angeles. §104. Conditions Precedent to Execution of This Agreement City of Vernon shall provide copies of the following documents to the City of Los Angeles, unless otherwise exempted. A. This Section is left intentionally blank B, Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415L of this Agreement and. attached hereto as Exhibit B and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit C and made a part hereof. City of Vernon shall also file. a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by City of Vernon. UASI Gov't PSA 5/07 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on -August 28, 72006 acid end on March 31, 2008, or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant. Funds A Vernon and the City have previously completed a mutually approved Budget/Expenditure Plan, hereinafter "Budget." The Budget contains detailed listings of items for expenditure under the terms of this Agreement, which is incorporated herein by this reference.' Any request by Vernon to modify the Budget must be`niade In writing and must be approved in writing by the City during the term of this Agreement B. City of Vernon shall provide any reports requested by the City regarding performance of. the Agreement. Reports shall be in the form requested by the City, and shall be provided in a timely manner. C. Any equipment acquired pursuant to this Agreement shall be authorized in http;//ww.w.rkb.miot.org and Appendix D, Allowable Cost Matrix, to the FY 2006 Homeland Security Grant Program, Program Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit G. City of Vernon shall provide the City a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the UASI 06 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of G&T Financial Guide. Any equipment acquired or obtained with Grant Funds: Will be made available. under -the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Is consistent with needs as identified in the State Homeland Security Strategy and will -bed' ployed in conformance with that plan; 3. Will be made available .pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner UASI Gov't PSA 5/07 consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. Equipment acquired pursuant to. this Agreement shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G&T Financial Guide. For the purposes of this subsection, "Equipment" is defined as nonexpendable_ Property that is not consumed or does lose `Its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1) electronics communications equipment for stationary or vehicular use, including cellular -telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers. (monitors and CPU's); terminals and printers. 1. Equipment shall be used by City of Vernon in the program or project for which it was acquired, as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 2. City of Vernon shall make Equipment available for use., on other projects or programs currently or previously supported by the Federal Government, providing such use will.not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given toother programs or projects supported by the awarding agency. 3. A ledger, attached hereto as Exhibit F., shall be maintained for each item of Equipment acquired for the program. This record must be updated biannually and forwarded to the. City. The record shall include: (a.) description of the item of Equipment, (b) manufacturer's model and serial .number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment. Records must be retained pursuant to 28 C.F.R. Part 66.42, and Office of G&T. 4. All equipment obtained under this Agreement shall have -an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year or prior to any UASI, State or Federal monitor visits. UASI Gov't PSA 5/07 D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland Security Grant Program, Program Guidance and Application Kit, page 84 (attached as Exhibit H) and must be pre -authorized by OHS at http://www.caiguard.ca.gov/cajs-hs/nonslgcpForm.htm. A catalogue. of Grantor approved and. sponsored training courses is available at http://www.'ojp.usdoj.gov/odp/training.him-. �. Any exercise: paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 84 and 85 (Exhibit 1). Detailed Homeland Security. Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov. F. Any planning paid pursuant to this Agreement. shall conform to the guidelines as listed in FY 2000 Homeland and Security Grant Program, Program Guidance and Application Kit; pg 80 and 81 (Exhibit J). G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 82 and 83 (Exhibit K). §203. This Section is Left Intentionally Blank UAS.1 Gov't PSA 6107 III PAYMENT §301. Pavment.of GrantFunds and Method of Payment A. The City of Los Angeles shall pay to City of Vernon the grant amount'Two Hundred Fifty -Seven Thousand Five Hundred Eighty dollars ($257,580) to be used for purchase of equipment, planning, exercises, organizational activities, and training as described in Section 202 above. The Grant Amount represents the amount. allocated to City of Vernon in the FY 06 UASI grant award notice. B. City of Vernon shall provide quarterly invoices to the City requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request Form. (attached hereto as Exhibit L) and Purchasing Detail Worksheet (attached hereto as Exhibit M) detailing the expenditures made by City of Vernon as authorized by Section 202 above. For equipment for which Vernon is requesting reimbursement, all appropriate back- up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, Vernon must include a copy of the class roster. verifying training attendees,. proof that an OHS tracking number has been assigned to the course, and timesheets and payroll registers for all training attendees. For regional project reimbursements, City of Vernon must include approval from the lead agency for all submitted invoices. C. Notwithstanding anything. to the contrary herein, City of Vernon may procure equipment through the "Equipment Purchase Assistance Program," as more fully described in "Fiscal Year 2006, Homeland Security Grant Program, Program Guidelines and Application Kit, page 50. Under this program, City of Vernon may select. equipment from Fischer Scientific, the Grantor will pay the vendor directly, and the dollar amount of § `301A of this Agreement shall be reduced by the corresponding amount. City of Vernon shall notify the City of Los Angeles thirty (30) days prior to using the "Equipment Purchase Program,".and shall submit to the City of Los Angeles a final report reconciling the full amount of the Agreement, ninety (90) days before the Agreement terminates. D. Payment of final invoice shall be withheld by the City of Los Angeles until the City has determined that City of Vernon has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein. F. This Section Is left.intentionally blank. G. Funding for all periods of this Agreement Is subject to the continuing availability to the City of federal funds for this program. The Agreement may be terminated UASI Gov't PSA 5/07 immediately upon written notice to City of Vernon of a loss or reduction of federal grant fundsA UASI Gov't PSA 5/07 c 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. Aoplicable Law Interpretation and Enforcement Each party's performance hereunder shall comply with. all applicable laws of the United States of America, the State of California, and the City: This Agreement shall be enforced and interpreted under the laws of the State of California and the City. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction .over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written .or oral, relating thereto. This Agreement may be amended only as provided for herein. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall. incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God -or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine UASI Gov't PSA 5J07 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's.willful or negligent acts or omissions and to the extent that they are beyond the pariy'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 aggrievedparty 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.. Prohi ition 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 Veenon'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, UASI Gov't PSA 5/07 the Equal Employment practices provisions of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Code Section 10.8.3, in which event said provisions are incorporated herein. by this reference. If this Agreement contains a consideration in excess'of $5,000, the Affirmative Action Program of this Agreement shall. be the mandatory contract provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which event said provisions are incorporated herein by this reference. City of Vernon shall also comply with all rules, regulations, and'policies of the City's Board of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative action, including the filing of all forms required by City. .If required, City of Vernon shall submit an Equal Employment Opportunity Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at http://www.ojp.usdoj.gov/ocr/eeop.htm, Any subcontract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall.be subject to the provisions of this § 408. §409. Los Angeles City Business Tax Registration Certificate Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1, Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is not applicable. §410. Bonds Duplicate copies of all bonds which may be required hereunder shall conform to City requirements .established by charter, ordinance or policy and shall be filed with the Office of the City Attorney for its review in accordance with Los Angeles Administrative Code Sections 11.47 through 11.56. §41.1. 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 Agreerrient-as defined by Section 8.95 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4'and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees bylaw, for injury caused by.a negligent or wrongful act or omission occurring in the performance of this Agreement; to thesame extent that such liability would be imposed in the absence of Section 8..95.2 of said Code. To achieve the above - stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 8.95.2. 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 5/07 §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 seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" includes but is not limited to domestic partner, and/or those persons related by blood or marriage, such as husband, wife, father, mother; brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law. son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. (This Section is left intentionally blank.) D. The Contractor further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). UASI Gov't PSA ' 5/07 E. The Contractor shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. F. Prior to obtaining the City's approval of any subcontract, the Contractor shall disclose to the City,any relationship, financial or otherwise, director indirect, of the Contractor or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. G. For further clarification of the meaning of any Of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the City of Los Angeles, State of California, .and Federal regulations regarding conflict of interest. H. The.Contractor warrants that it has not paid or given and will not pay or give to any third person any money or. other consideration for obtaining this Agreement. I. The Contractor covenants that no member, officer or employee of Contractor shall have interest, direct or indirect,. in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure. as such employee, member or officer or for one year thereafter. J. The Contractor shall incorporate the foregoing subsections of this Section into every agreement that.it enters into in connection with this project and shall substitute the term "subcontractor" for the term "Contractor and "sub subcontractor" for "Subcontractor". §413. Insurance (This Section is left intentionallly blank) §414. -Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq..). §415. Statutes and Regulations Applicable To All Grant Contracts A. City of Vernon shall comply with all applicable requirements of state; federal, County and City of Los Angeles laws-, executive orders, regulations, program and administrative requirements, policies and :any other requirements governing this Agreement. City of Vernon shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment.. City of'Vernon. shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not Jimited to, 1. Office of Management and Budget (OMB) Circulars UASI Gov't PSA 5l07 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 far Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act If Federal -funds are used in the performance of this Agreement, City of Vernon shall adhere to the :rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et.seq..; City Council action dated February 4, 1987 (C.F. No. 84 2259 S1); and any administrative regulation or field memos. implementing the Act. 3. Americans with Disabilities Act City. of Vernon hereby certifies.that it will comply with the Americans with Disabilities Act 42, USC §§ 12101 et seg.,and its implementing regulations. City of Vernon will provide reasonable accommodations to allow qualified individuals. with disabilities to have access to and to participate in its programs., services and activities in accordance with the provisions of the Americans with Disabilities Act. City of Vernon will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the City of Vernon, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and. Sectarian Activity Prohibited None of the funds, materials, property ,or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election: or defeat of any candidate for public office: Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement, shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement.provides for more than $100,000.00 in grant funds or more than $150,000 in loan. funds, City of Vernon shall submit to the City a Certification Regarding Lobbying and a Disclosure Form, if .required, in UASI Gov't PSA 5/07 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 file4or 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 dos Angeles unless authorization to remove them is granted in writing by the City. UASI Gov't PSA 5/07 7. Subcontracts and Procurement City of Vernon shall comply with the federal and City of Vernon standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements; third party agreements, consultant service contracts and construction subcontracts. City of Vernon shall ensure that the terms of this Agreement with the City are incorporated into all Subcontractor Agreements. The City of Vernon shall submit all Subcontractor Agreements to the City for review rior to the release of any funds to -the subcontractor. The City of Vernon shall Withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor City of Vernon shall comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit.systems for programs funded under one of the 19 statutes or regulations. specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R. 900, Subpart F). City of Vernon shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C.. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Ad,(40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction subagreements, and the Hatch Act (5 USC §§1501-1508 and 7324-7328). City of Vernon shall comply with the Federal Fair Labor Standards;Act (29 USC § 201) regarding wages and hours of employment.. None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et seg. 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. 88-362) 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 UASI Gov't PSA 5/07 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) §6523 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 Vill 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 inthe specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental City of Vernon shall comply, or has already complied, with the requirements of Titles If 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 11 738;(c) protection of wetlands pursuant ,to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 1 1988; (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.G. §§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. UASI Gov't PSA 5/07 City of Vernon shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S:C. §§4801 et seq.) which prohibits the use of lead - based paint in construction or rehabilitation of residence structures. City of Vernon shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. City of Vernon shall ensure that the facilities under its ownership, lease or supervision which shall be utilized'in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in. the project is under consideration for listing .by the EPA, By signing this Agreement, City of Vernon ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public resources Code §21000 et sea: and is not impacting the environment negatively. City of Vernon shall comply with the:Energy Policy and Conservation Act (P,L. 94-163, 89 Stat. 871). City of Vernon shall comply, If applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11. Preservation City of Vernon shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), E0.11593 (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 arnendment.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, declaredineligible 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: UASI Gov't P&A 5/07 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. 1.4. r 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 stateand federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. City of Vernon shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to. 1: Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, Financial Guide; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Peeparedness, Office for Domestic Preparedness, Urban Areas Security Initiative Grant Program II; ODP WMD Training Course Catalogue; and DOJ; Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter. 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445- 2448. Provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, ,Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Weland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs;. Part 69., New Restrictions on Lobbying, Part 70, Uniform Administrative Requirements for Grants, and Cooperative UASI Gov't PSA 5/07 Agreements (including sub -awards) with Institutions of Higher Learning; Hospitals and other Non -Profit Organizations; and Part 83, Government - Wide Requirements, for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 US C 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the'provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71,00.1, and all other applicable federal laws, orders, circulars, or regulations. 2. Travel Expenses City.of Vernon as provided herein 'shall be compensated for.City of Vernon's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. City of Vernon's total travel for in-State.and/or out -of -State and per diem costs shall be included in the contract budget(s). All travel including out - of -State travel not included in the budget(s) shall not be reimbursed without prior written authorization from the Mayor's Office. City of Vernon's administrative -related travel and per diem reimbursement costs shall be reimbursed based on the City of Vernon's policies and procedures. For programmatic -related travel costs, City of Vernon's 'reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML 97-024, Section 599,619, dated July 1; 1997 and Section 599.631, and as amended from time to time. 3. Noncompliance City of Vernon understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by City of Vernon to City of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the City to sign' certain `promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit E. By signing these Grant Assurances, the City became liable to the Grantor for any funds that are used In violation of the grant requirements. City of Vernon shall be liable to the Grantor for any funds the Grantor determines that City of Vernon used in violation of these Grant Assurances. City of Vernon shall indemnify and. hold harmless the City for any sums the Grantor determines City of Vernon used in violation of the Grant Assurances. UASI Gov't PSA 5107 §416. Federal, State and Local Taxes Federal, State and local takes shall be the responsibility of City of Vernon as an independent party and not as a City employee. §417. Inventions, Patents and Copyrights A. Reoortina 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 part401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414., 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order .12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). Contractor hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions - - City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty - free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Corwright Policy 1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the author or the City; at the City's discretion, may copyright the Material. If the City declines to copyright the.Material, the City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty - free license, to use, manufacture,, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.. 2. The Grantor shall'have an unencumbered right, and a non=exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and UASI Gov't PSA 5107 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. Egual Benefits Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of Section 10.37.4 of the Los Angeles Administrative Code. §420. Contractor Responsibility Ordinance ' Under the terms of this .Agreement, City of Vernon is exempt from compliance with the provisions of. the Contractor Responsibility Ordinance (CRO), Section 10.40 et sea:, of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code. §421. Slavery Disclosure Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the Slavery. Disclosure Ordinance, Section 10.41 of the Los. Angeles Administrative Code. §422. Child Support Assignment Orders Under the terms of this Agreement, City of Vernon is exempt from compliance. with the. Child Support Assignment Orders Ordinance, Section 10.10 of the Los UASI Gov't PSA 5/07 Angeles Administrative Code. City of Vernon shall comply.with California Family Code Section 5230 et seq. as applicable. §42.3. Minority. Women, And Other Business Enterprise Outreach Program It is the policy of the City to provide minority business enterprises (MBEs), women business enterprises (WBEs)'and all other business enterprises an equal opportunity to participate in the performance of all Contractor contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub -Contractors. UASI Gov't PSA 5/07 V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501. Defaults Should City of Vernon fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the City reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. (This Section. is left intentionally blank.) §503. (This Section is left intentionally blank.) §504. (This Section is left intentionally blank.) 5505. 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 withall future City Directives, or any rules, amendments or requirements promulgated by the .City affecting this Agreement. UASI Gov't PSA 5/07 VI . ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions -of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in -two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty-eight 0) pages and thirteen (13) Exhibits which constitute the entire. understanding and agreement of the parties. UASi Gov't PSA 5107 IN WITNESS WHEREOF, the'City and City of Vernon have caused this Agreement to be executed by their duly authorized representatives. APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES ROCKARD J. DELGADILLO, City Attorney 0� I , Mayor ANTOanioR. By Deputy City Attorney By Date aigosa, Mayor Homeland Security and Public Safety, Mayor's Office Date ATTEST: FRANK T. MARTINEZ, City Clerk By ep y City Clerk Date APPROVED AS FORM: For: City of Vernon, ! a municipal_ corporation r By C ttoVny By Date 1 Oj 3 a Id Date Q _.. ATTEST - By ity Clerk / Date City Business License Number: Internal Revenue Service ID Number -.- Council File/OARS File Number: Date of Approval City Contract Number' UASI Gov't PSA 5/07 EXHIBIT A INSURANCE (Not applicable to this Agreement.). EXHIBIT B CERTIFICATION REGARDING DEBARMENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 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. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROWER/AGENCY Eric T. Fresch, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE -- - January 8, 2008 SIGNATURE DATE INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of.Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to'tbe 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," "lowef 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. G. 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'transactfon, 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 rrom Procurement or Non -Procurement Proerams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to reader in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excludede from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. EXHIBIT C CERTIFICATION REGARDING LOBBYING CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants Loans and. Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated finds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or ` cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency; a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying' in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to -file -the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000- for each such failure. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROWER/AGENCY Eric T. Fresch, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE 7 January 8, 2008 SIGNATURE DATE INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension 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 Rinds 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 i 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 povered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded - - ---transaction, p. n is dde idepthe metod and frequ nc unless bwhi h it determinesknows that the eligibility of itsurinci aalrs. Eac t inay frequency Y. principals. Each participant may,but is not required to, check the List of Parties Excluded from Procureient or Non -Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. EXHIBIT D THIS SECTION IS LEFT INTENTIONALLY BLANK EXHIBIT E GRANT ASSURANCES Office ofHomeland Security Grant Assurances (All Applicants) Name of Applicant: Address: City: State: Zip Code:_ Telephone Number: Fax Number: E-Mail Address: As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the federal government, the General Accounting Office, the Comptroller General -of the United States, the State of California, through any authorized representative, access. to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as.inay 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. r x vo riomeiana �iecunty Grant Program Page 43 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 48.01 et seq.) which prohibits theuse of lead based paint in construction or rehabilitation of residence structures. Will comply with all federal statues relating, to nondiscrimination. These include but are not limited to: a. Title VI of the Civil'Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.-C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol. Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of.alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 296 dd-3 and 290 ee 3), as amended, relating. to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title, 28, :CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(N) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s) which may apply to the application. 8. WiIl comply, or has already complied, with the requirements of Titles lI and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired.as a result of federal or federally assisted. programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P-L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10',000 or more. 10. Will comply with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National.Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (BO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 1198$; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §.§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans under Section FY06 Homeland Security Grant Program Page 44 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 74010 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. 93405). i. California Environmental Quality Act (CEQA). California Public Resources -'Code Sections 21080=21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. 11. Will comply with the Wild and Scenic Rivers Act of.1968 (16 U.S.C. §§ 1271 et.seq.).related to protecting components or potential components of the national wild and scenic rivers system. 12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C, 469a-1 et seq). 13. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 14: Has requested through the State of'California, federal financial assistance to 'be used to perform eligible work approved in the applicant's application for federal assistance., Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $1.00 per federal fiscal year. 15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U:S C. Sections 47284763) 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 Standarda for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 16. Will comply with provisions of the Hatch Act_ (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Will: comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held'for research, teaching, or other activities supported by this award of assistance. FY06 Homeland Security Grant Program Page 45 19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Aet.(29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C: Sections 874), and the Contract. Work Hours and Safety Standards Act (40 U.S.C. Sections 321-333), regarding labor standards for federally assisted construction sub -agreements. 21. Will not make any.award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in.Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 22. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an. officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification 'of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any .agency, a Member of Congress, an officer or an employee of Congress, or employee of a Memb.cr'of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and.submit Standard Form LLL, "Disclosure of Lobbying Activities;" in accordance. with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon. which .reliance was. placed when this transaction was made. or entered into. Submission of this certification ie a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file therrequired certification shall be subject to a civil penalty of not less than $10,000 and notmore than $100,000 for each such failure. 23. Agrees that equipment acquired or obtained with grant funds: a. Will be made available; under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services; and law enforcement agencies within the jurisdiction of the applicant. b. Is.consistent with needs as identified.in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. c. Will be made available pursuant to applicable. terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. FY06 Homeland Security Grant Program Page 46 24. Agrees that funds awarded underthis grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 25. Will comply with all applicable. Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and use of Federal funds for this federally -assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars; or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including a. Part 18, Administrative Review Procedures; b. Part 20, Criminal Justice Information Systems; c. Part 22, Confidentiality of Identifiable Research and Statistical Information; d. Part 23, Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; g. Part 3 8, Equal. Treatment of Faith -based Organizations;, h: Part 63, Floodplain Management and Wetland Protection Procedures; i.. Part 42, Nondiscrimination/$qual Employment Opportunities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.. I. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. in. Part 67, Government -Wide Debarment and Suspension (Non -Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including, sub -awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations. p. Part 83, Government=Wide Requirements for a Drug Free Workplace (grants) 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this:project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. r r uo riomeiana Ziecunty tirant Program Page 47 29. Will comply with Subtitle A, Title it of the Americans with Disabilities Act (ADA) 1990: 30. Will, in the event a. Federal or State court or Federal or State administrative agency makes a finding. of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the' finding to the Office of Civil Rights, Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal fund& within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that, failure to comply with any of the above assurances may result in suspension, .termination or reduction of grant funds. 36. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission. of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or. local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State; or local) with commission of any of the offenses enumerated in paragraph, (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or . local) terminated for cause or default; and B.. Where the applicant is unable to certify to any of the statements in this certification, he or she sball attach an explanation to this application. FY06 Homeland Security Grant Program Page 48 38. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an .on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring . in the workplace; (c). Making it a requirement that each employee; to be engaged in the performance of the grant be given a copy of the statement required -by paragraph (a); (d) Notifying .the employee in the statement required by paragraph (a) that, as a condition.of employment under the grant, the employee will (1) Abide by the terns of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving -actual-notice of such conviction. Employers of convicted 'employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (1) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, Up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a. drug abuse assistance or rehabilitation program approved for such purposes by.a Federal, State, or local -health, law enforcement, or other appropriate ageficy; YV06 Homeland Security Grant Program Page 49 (g) Making, a good faith .effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (6), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with, the above certifications. The undersigned represents that he/she is. authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent:_ Printed Name of Authorized Agent: Title: FY06 Homeland Security Grant Program Date: Page 50 EXHIBIT F EQUIPMENT LEDGER I a !n ,w UI N y All a> P v - W Q O � ~ 0 tr � U.w& 44 C Cf ti ti d a 0 a a Q U G EXHIBIT G ALLOWABLE COST MATRIX APPENDIX D �- ALLOWABLE COST MATRLX l Table 13 -, FY 2006 Allowable Cost Matrix . Personal Prolebtive Equipment X Y Y �,,RONExplosive oil Device Mitigation and Remediation ,Equipment Y Y; Y Y, Y. if Y Y CBRNE Operational Search and Rescue Equipment : •_ Y`;YY-:Y Y V.-Y. Y Infoimation Technology .- Cyber Security Enhancement Equipment Y. Y. X Y Y Y Y 'y X' Y Y Y Y. Y y Interoperable Communications Equipment V_ Y .f Y Y. Y' -.•Y TV Y .Y :Y• 'y .y y Detection Equipment .Y. y Y Y Y X Y Y Y Y Y Y Y Y Decontamination Equipment Medical Supplies and Limited Pharmaceuticals Y Y Y Y y. Y Y Y y Y Power Eqa) men# Y y- y 'Y Y Y. y Y Y V. Y CBRNE Reference Materials Y Y Y. Y Y Y Y Y Y Y Y Y Y X. Y Y Y Y CBRNE Incident Response=Vohicles Y Y Y Y Y Y Y Y Y Y. .Y Terrorism Incident Prevention Equipment y y y Y, 1, Physical Security Enhancement Equipment Y Y Y Y• Y- Y Y Y Inspection and Screening Systems y y X Y y Y X Agriculture Terrorism Prevention, Response and Mitigation Equipment Y Y Y CBRNE Response Watercraft. Y Y Y Y Y Y Y CBRNC Aviation Equipment Y Y CBRNE Logistical Support Equipment y Y y= -y y Y Y Y y intervention Equipment Y Y •Y 1f Y Y Other Authorized Equipment . Y YTy y• ;;X Y �, y .�, X Y AWN 04ertI—---nd 4-ackfilifar_emecgency.preparedness-and- response persohgelattending G&T-sponsored and. Y Y Y Y Y Y Y Y Y Y s roved train....classes Overtime and bac&fill expenses for part-time and volunteer emergency response personnel•participating. 'Y y Y -Y X Y Y. Y �, I I&T tr.bmin Training -workshops and conferences Y Y Y Y�.:Y Full —or part -times or contractor Y YY Y Y Y" y Y. Y. consultants X Y. Y_ N Travel Y .Y Y,. Y `Y Y Y ..Y `y . Supplies Y Y.:Y tf X Y Y Y Y Y Y Y Y Y':.y Y Y Other items X 'Y .Y Y'.Y 'Y Y Y Y Y D-2 Exercise' planning workshop Y :Y y..Y y y y Y +..Y Full- or part-time staff or cbntractorslconsultants Y Y ;Y -Y Y; ;X' Y y y Overtime, and back fill.costs 'including- expenses for part-time and volunteer emergency response personnel y Y' Y' Y y Participating in G&T exercises. Y Travel Y Y Y. y Y• Y. Supplies ,Y' y Y Y Y Y Y :Y y Oilier items Y y y Y•: Y Y. Y Y Y Y. y Hiring: of fjll- or pan -time staff or contractors/oonsultants to assist with the management of fISGP, implementation -of State Homeland Security y y y "y y y Strategy, application requirements, compliance with y y y re rain ..and data collection re uirements Development of operating plans for Information collection and processing necessary to respond to G&T Y Y Y Y y y Y Y .Data. calls ,Y Overtime and back ull costs y Y Y Y y • Travel Meeting related expenses Y Y Y Y: Y Y Y Y Y Y Y y Authorized office equipment Y Y Y Y Y Y Y Y Y Y .Y . Y Y Y ,. Y Y Y Y Y Recurring expenses such as those associated with cell phones and fazes during the period of performance of y y y y y y the Giant Pro ram y y Leasing or tenting of space for newly hired personnel Burin the eriod of rformance of the Grant Pro am Y Y Y y Y Y. y. D-3 Costs outlined in the following table are NOT all bwed unless designated by a "*". Those designated-by.a " " are only allowable in a limited capacity. Check the specific program guidance for detailed information. Unauthorized Prograin Expenditures General use software, computers and related equipment, vehicles, licensing fees ; Weapons and Ammunition Construction and Renovation rz . (ONLY limited renovation is allowable in highlighted Hiring of publiCsafety personnel for the purpose of .. fulfilling traditionai public safety duties „ >* Activities unrelated to the completion and y implementation of HSGP Other items not in accordance with the AEL or previously listed allowable costs D4 EXHIBIT H AUTHORIZED TRAINING I FY1MFiOMELANDSECURITYGRANTPRoORAM-DECEMBER2,2005 CA. Training, FY 2006 UASI funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training Program. Allowable training -related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academies/institutions, universities, or junior colleges, Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery'from natural, technical, or inaflmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved training courses. UASI funding may also be used for training citizens. in awareness, prevention, protection, response, recdvery skills . PREPAREDNESS DIRECTOPATE'S.OFFICE OF ORANTSAND TIiAININO 84 EXHIBIT AUTHORIZED EXERCISES FY 2006 HOMELAND SrOURITY GRANT PROGRAM- DECEMBER 2, 2005 C.5. Exerc_ ises All Urban Areas are required to develop a Multi -year Exercise Plan and submit it to G&T on an annual basis. While Urban Area specific, this Dian must tie into the Multi -year Exercise Plan developed by the State, and be in line with the Urban -Area Homeland Security Strategy. Further, Urban. Areas are encouraged to develop a Multi year Plan and Schedule that takes into consideration anticip'atea training needs of the Urban Area :for at least the immediate year, with exercises being timed to provid6 responders the opportunity. to utilize.iraining received. This combined schedule should also ensure that training and exercises complement each other. An example of a combined Multi -year Training and Exercise Plan can be found at the HSEEP Website or G&T Secure Portal. Farther guidance concerning EPWs can be found in the HSEEP Volumes, Urban Areas are eligible to apply for exerci the SAA. se direct support, but must do SO in coordination with. I'RBPAREDNESS DAtWTORATE'S OFFICE OF GRANTS AND TRAM No 84 85 EXHIBIT J AUTHORIZED PLANNING 0 FY 2006 HOMELAND SECIIRITY GRANT PROURAM •- DBCEMbLR 2, 2UO3 C. Authorized Program Expenditures Allowable expenditures for the FY 2006 UASI program comport with FY 2006 SHSP (except for the use of funds for operational costs). Please refer to Appendix D for a summary of authorized and unauthorized UASI expenditures: C.I. Plainning Urban Areas may use FY 2006-UASI funds for multi -discipline planning efforts to prioritize needs, .update preparedness strategics, allocate resources, and deliver preparedness programs. These efforts include the collection and analysis of intelligence and information and the development of policies, plans, procedures, mutual aid agreements, strategies, and other publications that comply with relevant laws, regulations, and guidance necessary to perform assigned missions and tasks. It is explicitly permissible to use planning funds to hire government and/or contractor personnel to conduct planning activities described here. Similar to SHSP, FY 2006 UASI funds maybe used for a range of homeland security planning activities, such as • Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: o Implementing the National Preparedness Goal and Guidance, o Implementing and adopting NIMS. o Modifying existing incident management and Emergency Operating Procedures (ECIPs)-to ensure proper alignment with the NRP coordinating structures, processes, and protocols, o Establishing or enhancing mutual aid agreements, o Developing communications and interoperability protocols and solutions. o Conducting local, regional, and Tribal program implementation meetings. o Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC. o Designing State and local geospatial data systems. o Conducting public education and outreach campaigns, including promoting -individual familyand-business, emergency preparedness; alerts and warning§ education; and evacuation plans. Developing related terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery. o Multi -discipline preparation across first responder community, including EMS for response to catastrophic events and acts_ of terrorism, o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils. o Citizen Corps volunteer programs and other activities to strengthen citizen participation. PREPAREDNESS DIRECTORATE'S OFFICN.OF GRANTS AND TRAINING 80 FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2; 2005 o Conducting.public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State; regional or local emergency preparedness efforts that build upon the Ready campaign. o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites. o CIP cost assessments, including resources (Financial, personnel, etc.) required for security enhancements/deployments. • Developing and enhancing plans and protocols, including but not limited to: o Developing or enhancing EOPs and operating procedures. o Developing terrorism prevention/deterrence plans. o Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies. o Developing or enhancing border security plans. o Developing or enhancing cyber security plans. o Developing or enhancing cyber risk mitigation plans. o Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans. o Developing pubiio/private sector partnership emergency response, assessment, and resource sharing plans. o Developing or updating local or regional communications plans. o Developing plans to support and assist special needs jurisdictions, such .as port authorities and rail and mass transit agencies. o Developing or enhancing continuity of operations and continuity of government plans. o Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRP. o Developing or enhancing evacuation plans. o Developing or enhancing citizen surge capacity. a Developing -or _conducting_assessments, including butnot -limited to: o Conducting point vulnerability assessments at critical infrastructure sites/key assets and developing renlediation/security plans. o Conducting cyber risk and vulnerability assessments. o Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources. o Activities that directly support the identification of specific catastrophic incident priority response -arid recovery projected needs across disciplines (e.g, law enforcement, fire, EMS; public health, behavioral health, public works, agriculture, information technology, and citizen preparedness). o Activities that directly support the identification and advance preparation of pre - designated temporary housing sites. PREPAREDNESS DIRECTORATE'S OFFICE OF URANTS AND TPA1NIM, B I EXHIBIT K AUTHORIZED.ORGANIZATIONAL ACTIVITIES 9 FY 2006110MELAND SECURITY GRANT PROGRAM - DECRMnER 2, 2005 C.2. Oreahization States and Urban Areas may use FY 2006 UASI funds to support select organization activities. States and Urban Areas must justify proposed expenditures of UASI funds to support organization activities within their Investment Justification "submission using. historical data and other analysis to substantiate their proposals. No more than 25 percent of the gross amount of the allocation for this program ritay be used for operational expenses and overtime costs for the three (3). operational activities noted below. 1. Operational overtime costs associated with increased security measures at critical infrastructure sites during periods of DHS-declared heightened alert. UASI: Up to 25 percent of FY 2006 funds may be used in UASI jurisdictions. Of this amount, up to 10 percent may be used for costs incurred during Code Yellow or Orange. • The remaining 15 percent may be used for costs incurred only during Code Orange. • Operational overtime costs incurred at National Special Security Events (NSSEs) in UASI jurisdictions, as designated by the Secretary of Homeland Security, are also allowed. • States with UASI jurisdictions can use funds retained at.the.State level to reimburse eligible operational overtime expenses incurred by the State (up to a maximum of 25 percent of the State share of the UASI grant). However, those activities must directly support increased security measures enacted in the UASI jurisdictions. States should be judicious in the use of Federal grant funds when protecting critical infrastructure and should ]average public/privato partnerships. States should also consider the use of private assets in the protection of private facilities: In support of these efforts for enhanced capabilities of detecting, deterring, disrupting, and preventing acts of terrorism, costs eligible for reimbursement under this policy are identical to those deemed allowable under previous Code Orange alerts. Therefore, subject to the conditions stated above, States and local .governments may use FY 2006 UASI funds to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories`: • Backfill and overtime expenses for staffing State or local emergency operations centers (EOCs) • Hiring of contracted security for critical infrastructure sites • Public safety overtime • National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package • Increased border security activities in coordination with CBP as outlined in Information Bulletin #135.13- " Proposed operational activities should emphasize those measures that will increase border security in direct coordination with CDP personnel. State, local, and Tribal law enforcerimentpersonnel.may provide increased enforcement presence by generally increasing their patrol presence at the border, by providing additional.traffic PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 82 FY 2006HOMF.LAND SECURITY GRANT PROGRAM- DECEMBER 2, 2005 Consumable costs, such as fuel expenses, are not allowed except as part.of the standard National Guard deployment package. 2. Overtime costs are allowable for personnel to -participate in information, investigative, and intelligence sharing activities specifically related to homeland security. This includes activities such as anti -terrorism. task forces, Joint Terrorism Task Forces (JTTI+), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002); and Terrorism Early Warning (TEW) groups. Grant funds may be used towards the hiring of new staff and/or contractors to serve as intelligence analysts to support inform ation/ilttelligence fusion capabilities. In order to be hired as.an Intelligence Analyst, staff and/or contractor personnel must have successfully completed training to ensure baseline completed in intelligence analysis and production. Furthermore, costs,associated with hiring new intelligence analysts are allowable only for the period of performance of the FY 2006 UASI and LETPP programs. Upon close-out of the FY 2006 grants, States and Urban Areas shall be responsible for supporting the sustaimucrit costs for those intelligence analysts, The International Association of Law Enforcement Intelligence Analysts' (IALEIA) Educational Standard # 7 (page 14 of the IALEIA Analytic Standards booklet) provides standards on the categories of training needed for intelligence analysts. These include subject -matter expertise, analytic methodologies, customer -service ethics, information handling and.processing skills, critical thinking skills, computer literacy, and objectivityand intellectual honesty. Successful completion the following courses satisfies the intelligence analyst training requirement; Intelligence Analyst Training Program (FLETC). Foundations of Intelligence Analysis Training (International Association of Law Enforceinents Intelligence Analysis), Additional courses are being identified and will be.shared As soon as possible. A certificate of rompletion_of._such'.training. must -ke on fl1e with..(h_eSAA gad sh uld be_made available . . to Preparedness Officers upon request upon the hiring of personnel, control support at the border and at.border patrol traffic checkpoints; and by enhancing their participation in.the Integrated Border Enforcetnent-Teams. This -policy does not result in a change or•extension of federal authority to Slate, Tribal, or local law enforcement agencies to enforce Federal immigration laws. If Federal immigration violations are encountered, consistent with current practices, State, local, and Tribal agencies may refer those violations to CBP authorities for appropriate action. No funds may be obligated or drawn down in support of these activities without HQ=CBP approval of operational plans and without submission to and approval by G&T of budget detail worksheets. State, local, and Tribal law enforcement agencies $hall not use this funding to supplant routine patrol and -law enforcement operations or activities in order to perform other activities not directly related to providing an enhanced law enforcement presence, PREPAREDNESS DIRECTORATE'S.OPFICE OF GRANTS ANDTRAININO 83 EXHIBIT L REIMBURSEMENT REQUEST FORM 0 CITY OF LOS ANGELES URSAM' AREA SECURITY INITIATIVE GRANT Rainibursement Request i"arrn Re turn Re?imbunwtug Lit Regy ta; Rachel Tkatrh Mayor's Offirhi of Homeland security and Public Safr:ly 200 N. Spring fk, Room MA-175A Los Angeles, CA 90012 Rhone: 213,978.0701 Fax:213.978.0718 rachel.fttgh�il t;it� org IJASI FY03 Ant 1 f_l UASI FY04 ['i UASI FY03 Ptaii 2 0 UASI FYE95 0 Core City: Requesting Agency: ReimbursementPpriod:� Prepared By: Phone No.: Moose mark this box to indicaie final Line: request for reinibursenerd 11711 okuthorii—e—d7. Freviously Current Ckiritizlative Typo of Expenditure Balance Total A nourtt request Requgst Request E ui ment rs ` r Exercise .,., Trainin,, Planning . 10peratibnalActivities �_ _ _. a.�=. �' �, -��•� Nlana ement &.Admifr � y This reimbursement c101in is in all respt;:.tS true, correct, and all. expenditures were meide it'r accordance with applicable haws, rules, regulations, and grant conditions and assurances. in addition, this cialm is for cost incutmd within the Grunt Pefibanance period. Also, alf supporting documarltation related to these expenditures will be retained in a=ordance with grunt guldefines. ,Authorized Department Approval: Please Remit Payment to: Print Name Name ?itla< Address Signature r Cate -wily State— Lip Rhone No, extension Fax No. Reference No. E-mail Address f� hE� ^.urt Id tell by H�P�. A� �t ntir+� rJefrsrbnent DHSIOES Reimbursement Request By: Trmnaction lD:._ _ 17H810ES Reiniburswi t Received:Gash Receipt No--_--__-----...., JV No. Transfer to Depad Date: - �._._.._� W No. _ _ w EXHIBIT M PURCHASING DETAIL WORKSHEET 0 1 i� I I i �� -r 1-7:7 0 0 Li Cl 0" n -n m m xa VERNON FIRE DEPARTMENT OFFICE MEMORANDUM To: Nelly Giron, City Clerk From: David Lazar, Assistant Chief Date: September 9, 2008 Subject: Executed Supplemental Agreement LA City/Vernon Nelly, Enclosed is the Executed Supplemental Agreement between the City of Los Angeles and the City of Vernon for the UASI 2006 Grant. This is for your records. I have also made a copy for my records. Please contact me if you have any questions. Thanks f David Lazar Assistant Chief PArF 1 OFFICE OF THE MAYOR ANTONIO R. VILLARAIGOSA August 25, 2008 David Lazar, Assistant Chief Vernon Fire Department 4305 S. Santa Fe Ave. Vernon, CA 90058 RE: Executed Supplemental Agreement City of Los Angeles/City of Vernon Dear Chief Lazar Please find enclosed an original duplicate of the executed Supplemental Agreement to Contract C-113101 between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2006 Urban Area Security Initiative grant. If you have any further questions please contact me at (213) 978-0707 or Eve.LaDue C7,lacit". Very truly yo s, A,,, Eve LaDue Office of the Mayor Homeland Security and Public Safety EL Encl. 200 NORTH SPRING STREET • Los ANGELES, CALIFORNIA 90012 PHONE: (213) 978-0600 • FAX: (213) 978-0750 EMAIL: MAYOR@LACITY.ORG FIRST SUPPLEMENTAL TO AGREEMENT NUMBER C-113101 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SUPPLEMENTAL AGREEMENT to Contract Number C-113101 of City of Los Angeles Contract is made and entered into by and between the City of Los Angeles, a municipal corporation (hereinafter called the "City,"), and the City of Vernon, a municipal corporation (hereinafter called "City of Vernon" or "Contractor"). WITNESSETH WHEREAS, the City and the City of Vernon have entered into an Agreement wherein the City of Vernon shall provide certain services and the City shall pay for them using UASI 06 Grant Funds, said Agreement effective August 28, 2006 through March 31, 2008 shall hereinafter be referred to as the Agreement; and WHEREAS, the Grantor has extended the ending date of UASI 06 on a project -by -project basis; and WHEREAS, the City and Contractor now seek to continue Contractor's services as described elsewhere in this Agreement; and WHEREAS, on April 18, 2006, the Los Angeles City Council authorized (CF# 07-0582) a contract with the Contractor, allocating $471,482 in UASI 06 Grant Funds, for certain services as described in Section 202.A of the Agreement; and WHEREAS, there was a technical error in the Agreement which allocated only $257,580; and WHEREAS, the City and the Contractor are desirous of correcting this technical error; and WHEREAS, the City is authorized to correct this technical error, and add additional time to the Agreement, pursuant to Los Angeles Administrative Code Section 14.8; and WHEREAS, the City and Contractor seek to supplement the Agreement to (a) add Two Hundred Twelve Thousand Nine Hundred Two Dollars ($213,902) for a new total of $471,482; (b) extend the Time of Performance and (c) make such other changes as are required in connection with the foregoing, all as detailed elsewhere in this Agreement. First Supplemental Agreement 1 7/08 City of Los Angeles & City of Vernon UASI 06 NOW, THEREFORE, the parties hereby covenant and agree as follows: Contract No. C-113101 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. Section 201, Time of Performance, is deleted and replaced by revised Section 201, Time of Performance: The term of this Agreement shall commence on August 28, 2006, and end as follows: training, as specified in this Agreement, must be completed by September 30, 2008 plus any additional period of time as is required to complete the close out activities; the purchase and distribution of equipment, as specified in this Agreement must be completed by November 28, 2008 plus any additional period of time as is required to complete the close out activities. Alternatively, this Agreement may terminate earlier upon the final disbursement of all of the Grant Amount (as defined in Section 301) Said term is subject to the provisions herein. This amendment adds additional time, determined by the Grantor, for the completion of the Agreement. 3. Section 301A, Payment of Grant Funds and Method of Payment, is amended by deleting the current total dollar amount of $257,580 and replacing it with the new total dollar amount of $471,482. This amendment adds funds in the amount of $213,902 that were omitted from the Original Agreement due to a technical error. 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) pages which constitute the entire understanding and agreement of the parties. First Supplemental Agreement 2 7/08 City of Los Angeles & City of Vernon UASI 06 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 For: THE CITY OF LOS ANGELES LEGALITY: ROCKARD J. DELGADILLO, City ANTONIO ILLARAIGOSA, Attorney Mayor 94— P By Y Deputy City Attorney Ant nio R. Villaraigosa, Mayor �/ �S-�-DES Homeland Security and Date Public Safety, Mayor's Office AUG 14 2008 Date ATTEST: Karen E. Kalfayan, City Clerk By Deputy City Clerk Date �Ia s� APPROVED AS TO FORM: For: City of Vernon, a municipal corporation By Q-/k A/,'� 1 Ci torn By'�" Je A. H- -rison -7 1-,-, � Le tiis C. Malbu °g, Ma or Date 0 �%/ Date ATTEST: By City Clerk Manuela Giron Date City Business License Number: Internal Revenue Service ID Number: Council File%OARS File Nu er• Date of Approval _ Said Agreement is Number % . of City Contracts � avOemeANO-\ First Supplemental Agreement 3 7/08 City of Los Angeles & City of Vernon UASI 06 EXHIBIT 1 AGREEMENT Contractor: City of Vernon City Contract Number C- % / TABLE OF CONTENTS Section. Description P—.9_. INTRODUCTION §101. Parties to the Agreement 5 §102. Representatives of the Parties and Service of Notices §103. Independent Party 5 6 §104. Conditions Precedent to Execution of this Agreement 6 I! TERM AND SERVICES TO BE PROVIDED §201. Time of Performance 7 §202. Use of Grant Funds 7 §203. This Section is Left Intentionally Blank lil PAYMENT §301. Payment of Grant Funds and Method of Payment 10 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 11 §402. Applicable Law, Interpretation and Enforcement 11 §403. Integrated Agreement 11 §404. Excusable Delays 11 §405. Breach §406. Prohibition Against Assignment or Delegation 12 §407. Permits 12 §408. Non Discrimination and Affirmative Action 12 §409. Los Angeles City Business Tax Registration Certificate 12 13 UASI 06 Gov't PSA i Vernon 5107 1 I i TABLE OF CONTENTS Section Description §410. Bonds §411. Indemnification §412. Conflict of Interest §413. Insurance (This Section is Left Intentionally blank) §414. Restriction on Disclosures §415. Statutes and Regulations Applicable to All Grant Contracts §416. Federal, State, and Local Taxes §417. Inventions, Patents and Copyrights §418. Earned Income Tax Credit §419. Equal Benefits Ordinance §420. Contractor Responsibility Ordinance §421. Slavery Disclosure Ordinance §422. Child Support Assignment Orders §423. MBE/WBE V DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS. §501. Defaults §502. This Section is Left Intentionally Blank §503. This Section is Left Intentionally Blank §504. This Section is Left Intentionally Blank §505. Amendments VI ENTIRE AGREEMENT §601. Complete Agreement §602. Number of -Pages and Attachments Execution (Signature) Page UASI 06 Gov't PSA Vernon Page 13 13 14 15 15 15 23 23 25 25 25 25 25 26 26 26 26 26 27 27 28 6/07 EXHIBITS Exhibit A Insurance (Not applicable to this Agreement) Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Lobbying Exhibit D This Section is Left Intentionally Blank Exhibit E Grant Assurances Exhibit F Equipment Ledger Exhibit G Allowable Cost Matrix Exhibit H Authorized Training Exhibit I Authorized Exercises Exhibit J Authorized Planning Exhibit K Authorized Organizational Activities Exhibit L Reimbursement Request Form Exhibit M Purchasing Detail Worksheet UASI 06 Gov't PSA 5/07 Vernon AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City,"), and City of Vernon, a municipal corporation (the "City of Vernon" or "Contractor"). WITNESSETH WHEREAS, the U.S. Department of Homeland Security (THS" or "Grantor"), through the Office of Grants and Training (G&T), has provided financial assistance directly to selected jurisdictions through the Fiscal Year (FY) 2006 Urban Areas Security Initiative ("UASI 06"); and WHEREAS, this financial assistance is administered by the City of Los Angeles and is overseen by the California Office of Homeland Security (OHS); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Los Angeles/Long Beach Urban Area (" LA/LBUK) consists of the City of Los Angeles;' the City of Long Beach, the unincorporated area of the County of Los Angeles, and 27 participating jurisdictions, including City of Vernon); and WHEREAS, the G&T awarded a UASI 06 Grant of $64,448,000 ("Grant Funds") to the City of Los. Angeles, as a Core City, for use in the LA/LBUA; and WHEREAS, the City has designated the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the Mayor's Office now wishes to distribute UASI 06 Grant Funds throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of Vernon and others; WHEREAS, the City and City of Vernon are desirous of executing this Agreement as authorized by the City Council and the Mayor (refer to Council File Number 07-0582) which'authorizes the City to prepare and execute the Agreement. NOW, THEREFORE, the City of Los Angeles and City of Vernon agree as follows: UASI Gov't PSA 5/07 I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The City, a municipal corporation, having its principal office at 200 North Spring Street, Los Angeles, California 90012; and B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa Fe Avenue, Vernon, CA 90058 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom format 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: Arif Alikhan, Deputy Mayor Office of the Mayor Homeland Security and Public Safety 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Phone: (213) 978-0687 Fax: (213) 978-0718 Arif.Alikhan@lacity.org 2. The representative of City of Vernon shall be: Manuela Giron, City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Phone: (323) 583-8811 Fax: (323) 826-1438 ngiron@ci.vernon'.ca.us with a copy to: UASI Gov't PSA 5/07 David Lazar, .Battalion Chief Vernon Fire Department 3375 Fruitland Ave Vernon, CA 90058 Phone: (323) 583-4821, ext .512 Fax: (323) 583-0495 dlazar@ci.vernon.ca.us B. Formal notices, ;demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party City of Vernon is acting hereunder as an independent party, and not as an agent or employee of the City of Los Angeles. No employee of City of Vernon, is, or shall be an employee of the City of Los Angeles by virtue of this Agreement, and City of Vernon shall so inform each employee organization and each employee who is hired or retained under this Agreement. City of Vernon shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City of Los Angeles. §104. Conditions Precedent to Execution of This Agreement City of Vernon shall provide copies of the following documents to the City of Los Angeles, unless otherwise exempted. A. This Section is left intentionally blank B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415L of this Agreement and attached hereto as Exhibit B and made a part hereof. C. Certifications .and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit C and made a part hereof. City of Vernon shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by City of Vernon. UASI Gov't PSA 5/07 n TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on August 28, 2006 and end on March 31, 2008, or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A Vernon and the City have previously completed a mutually approved Budget/Expenditu're Plan, hereinafter "Budget." The Budget contains detailed listings of items for expenditure under the terms of this Agreement, which is incorporated herein by this reference. Any request by Vernon to modify the Budget must be'made in writing and must be approved in writing by the City during the term of this Agreement B. City of Vernon shall provide any reports requested by the City regarding performance of. the Agreement. Reports shall be in the form requested by the City, and shall be provided in a timely manner. C. Any equipment acquired pursuant to this Agreement shall be authorized in http://www.rkb.mipt.org and Appendix D, Allowable Cost Matrix, to the FY 2006 Homeland Security Grant Program, Program Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit G. City of Vernon shall provide the City a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the UASI 06 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of G&T Financial Guide. Any equipment acquired or obtained with Grant Funds: 1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan; 3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner UASI Gov't PSA 5/07 consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. Equipment acquired pursuant to this Agreement.shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G&T Financial Guide. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1) electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers. Equipment shall be used by City of Vernon in the program or project for which it was acquired, as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 2. City of Vernon shall make Equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 3. A ledger, attached hereto as Exhibit F, shall be maintained for each item of Equipment acquired for the program. This record must be updated biannually and forwarded to the City. The record shall include: (a.) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment. Records must be retained pursuant to. 28 C.F.R. Part 66.42, and Office of G&T. 4. All equipment obtained under this Agreement shall have -an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every year or prior to any UASI, State or Federal monitor visits. UASI Gov't PSA 5/07 D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland Security Grant Program, Program Guidance and Application Kit, page 84 (attached as Exhibit H) and must be pre -authorized by OHS at http://www.caiguard.ca.gov/cajs-hs/nonslgcpForm.htm. A catalogue of Grantor approved and. sponsored training courses is available at http://www.ojp.usdoj.gov/odp/training.htm. E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 84 and 85 (Exhibit 1). Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 80 and 81 (Exhibit J). G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2006 Homeland and Security Grant Program, Program Guidance and Application Kit, pg 82 and 83 (Exhibit K). §203. This Section is Left Intentionally Blank UASI Gov't PSA 5107 III PAY_ §301. Payment of Grant Funds and Method of Payment A. The City of Los Angeles shall pay to City of Vernon the grant amount Two Hundred Fifty -Seven Thousand Five Hundred Eighty dollars ($257,580) to be used for purchase of equipment, planning, exercises, organizational activities, and training as described in Section 202 above. The Grant Amount represents the amount allocated to City of Vernon in the FY 06 UASI grant award notice. B. City of Vernon shall provide quarterly invoices to the City requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request Form (attached hereto as Exhibit L) and Purchasing Detail Worksheet (attached hereto as Exhibit M) detailing the expenditures made by City of Vernon as authorized by Section 202 above. For equipment for which Vernon is requesting reimbursement, all appropriate back- up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, Vernon must include a copy of the class roster -verifying training attendees, proof that an OHS tracking number.has been assigned to the course, and timesheets and payroll registers for all training attendees. For regional project reimbursements, City of Vernon must include approval from the lead agency for all submitted invoices. C. Notwithstanding anything. to the contrary herein, City of, Vernon may procure equipment through the "Equipment Purchase Assistance Program," as more fully described in "Fiscal Year 2006, Homeland Security Grant Program, Program Guidelines and Application Kit, page 50. Under this program, City of Vernon may select equipment from Fischer Scientific, the Grantor will pay the vendor directly, and the dollar amount of § 301A of this Agreement shall be reduced by the corresponding amount. City of Vernon shall notify the City of Los Angeles thirty (30) days prior to using the "Equipment Purchase Program,".and shall submit to the City of Los Angeles a final report reconciling the full amount of the Agreement, ninety (90) days before the Agreement terminates. D. Payment of final invoice shall be withheld by the City of Los Angeles until the City has determined that City of Vernon has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the City makes no commitment to fund this Agreement beyond the terms set forth herein. F. This Section is left -intentionally blank. G. Funding for all periods of this Agreement is subject to the continuing availability to the City of federal funds for this program. The Agreement may be terminated UASI Gov't PSA 5/07 immediately upon written notice to City of Vernon of a loss or reduction of federal grant funds.) UASI Gov't PSA 5/07 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Contractor" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural If there is. more than one Contractor as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law Interpretation and Enforcement Each party's performance hereunder shall comply with. all applicable laws of the United States of America, the State of California, and the City. This Agreement shall be enforced and interpreted under the laws of the State of California and the City. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine UASI Gov't PSA 5/07 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any Promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406.. Prohibition Against Assignment or Delegation City of Vernon may not, unless it has first obtained the written permission of the City: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits City of Vernon and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for City of Vernon's performance hereunder and shall pay any fees required therefore. City of Vernon further certifies to immediately notify the City of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative. Action City of Vernon shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the City. In performing this Agreement, City of Vernon shall not discriminate in its employment practices against any employee or applicant for employment. because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. City of Vernon shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). City of Vernon shall comply with the provisions of the Los. Angeles Administrative Code Sections 10.8 through 10.13, to the extent applicable hereto. If this Agreement contains a consideration in excess of $500 but not more than $5,000, UASI Gov't PSA 5/07 the Equal Employment practices provisions of this Agreement shall be the . mandatory contract provisions set forth in Los Angeles Administrative Code', Section 10.8.3, in which event said provisions are incorporated herein. by this reference. if this Agreement contains a consideration in excess of $5,000, the Affirmative Action Program of this Agreement shall. be the mandatory contract provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which event said provisions are incorporated herein by this reference. City of Vernon shall also comply with all rules, regulations, and policies of the City's Board of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative action, including the filing of all forms required by City. If required, City of Vernon shall submit an Equal Employment Opportunity Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at http://www.ojp.usdoj.gov/ocr/eeop.htm, Any subcontract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Los Angeles City Business Tax Registration Certificate Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1, Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is not applicable. §410. Bonds Duplicate copies of all bonds which may be required hereunder shall conform to City requirements established by charter, ordinance or policy and shall be filed with the Office of the City Attorney for its review in accordance with Los Angeles Administrative Code Sections 11.47 through 11.56. §411. Indemnification Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4'and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above - stated purpose; each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. City of Vernon certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. UASI Gov't PSA 5/07 §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 seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. (This Section is left intentionally blank.) D. The Contractor further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). UASI Gov't PSA 5/07 E. The Contractor shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. F. Prior to obtaining the City's approval of any subcontract, the Contractor shall disclose to the City any relationship, financial or otherwise, director indirect, of the Contractor or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. G. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the City of Los Angeles, State of California, and Federal regulations regarding conflict of interest. H. The Contractor warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. I. The Contractor covenants that no member, officer or employee of Contractor shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. J. The Contractor shall incorporate the foregoing subsections -of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "Contractor" and "sub subcontractor" for "Subcontractor". §413. Insurance (This Section is left intentionallly blank) §414. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §415. Statutes. and Regulations Aoalicable To All Grant Contracts A. City of Vernon shall comply with all applicable requirements of state, federal, County and City of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and .any other requirements governing this Agreement. City of Vernon shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment.. City of Vernon shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars UASI Gov't PSA 5/07 City of Vernon shall comply with OMB Circulars, as applicable; OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act If Federal -funds are used in the performance of this Agreement, City of Vernon shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; City Council action dated February 4, 1987 (C.F. No. 84 2259 S1); and any administrative regulation or field memos implementing the Act. 3. Americans with Disabilities Act City of Vernon hereby certifies that it will comply with the Americans with Disabilities Act 42, USC §§ 12101 et sea., and its implementing regulations. City of Vernon will provide reasonable accommodations to allow qualified individuals. with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. City of Vernon will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the City of Vernon, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election ordefeat of any candidate for public office: Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement provides for more than $100,000.00 in grant funds or more than $150,000 in loan funds, City of Vernon shall submit to the City a Certification Regarding Lobbying and a Disclosure Form, if required, in UASI Gov't PSA 5/07 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. UASI Gov't PSA 5107 7. Subcontracts and Procurement City of Vernon shall comply with the federal and City of Vernon standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. City of Vernon shall ensure that the terms of this Agreement with the City are incorporated into all Subcontractor Agreements. The City of Vernon shall submit all Subcontractor Agreements to the City for review grior 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 0PM'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. §276coand 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction subagreements, and the Hatch Act (5 USC §§1501-1508 and 7324-7328). City of Vernon shall comply with the Federal Fair Labor Standards Act (29 USC § 201) regarding wages and hours of employment.. None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et sea. 9. Civil Riahts 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 UASI Gov't PSA 5/07 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 Vlll 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; 0) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental City of Vernon shall comply, or has already complied, with the requirements of Titles II and III of the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. City of Vernon shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO.) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management . Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234). City of Vernon shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. UASI Gov't PSA 5/07 City of Vernon shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead - based paint in construction or rehabilitation of residence structures. City of Vernon shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. City of Vernon shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, City of Vernon ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et sea. and is not impacting the environment negatively. City of Vernon shall comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). City of Vernon shall comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11. Preservation City of Vernon shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 12. Suspension and Debarment i 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, declaredineligible 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: UASI Gov't PSA 5/07 13. Drug -Free Workplace City of Vernon shall comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701, 28 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§ 8350-8357. 14. Miscellaneous City of Vernon shall comply with the LaboratoryAnimal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.). B. Statutes and Regulations Applicable To This Particular Grant City of Vernon shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. City of Vernon shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, Financial Guide; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, Urban Areas Security Initiative Grant Program ll; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445- 2448. Provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Weland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs;. Part 69., New Restrictions on Lobbying, Part 70, Uniform Administrative Requirements for Grants: and Cooperative UASI Gov't PSA 5/07 Agreements (including sub -awards) with Institutions of Higher Learning; Hospitals and other Non -Profit Organizations; and Part 83, Government - Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of thecurrent edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. 2. Travel Expenses City.of Vernon as provided herein 'shall be compensated for City of Vernon's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. City of Vernon's. total travel for, in -State. and/or out -of -State and per diem costs shall be included in the contract budget(s). All travel including out - of -State travel not included in the budget(s) shall not be reimbursed without prior written authorization from the Mayor's Office. City of Vernon's administrative -related travel and per diem reimbursement costs shall be reimbursed based on the City of Vernon's policies and procedures. For programmatic -related travel costs, City of Vernon's reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML 97-024, Section 599.619, dated July 1, 1997 and Section 599.631, and as amended from time to time. 3. Noncompliance City of Vernon understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by City of Vernon to City of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the City to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit E. By signing these Grant Assurances, the City became liable to the Grantor for any funds that are used in violation of the grant requirements. City of Vernon shall be liable to the Grantor for any funds the Grantor determines that City of Vernon used in violation of these Grant Assurances. City of Vernon shall indemnify and. hold harmless the City for any sums the Grantor determines City of Vernon used in violation of the Grant Assurances. UASI Gov't PSA 5/07 §416. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of City of Vernon as an independent party and not as a City employee. §417. Inventions,, Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Contractor shall report the fact and disclose the Invention promptly and fully to the City. The City shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the City and the Grantor, the Grantor shall determine whether to seek .protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on, Ch. 18 of title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FIR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FIR48661, 3 CFR, 1987 Comp., p. 262). Contractor hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty - free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightabie material (Material) is developed under this Agreement, the author or the City, at the City's discretion, may copyright the Material. If the City declines to copyright the -Material, the City shall have an unencumbered right, and a non-exclusive, irrevocable, royalty - free license, to use, manufacture, .improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The Grantor shall 'have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and UASI Gov't PSA 5/07 1 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. Oblioations Binding on Subcontractors Contractor shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §418. Earned Income Tax Credit Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of Section 10.37.4,of the Los Angeles Administrative Code. §419. Equal Benefits Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of Section 10.37.4 of the Los Angeles Administrative Code. §420. Contractor Responsibility Ordinance ' Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of the Contractor Responsibility Ordinance (CRO), Section 10.40 et sea., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code. §421. Slavery Disclosure Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. §422. Child Support Assignment Orders Under the terms of this Agreement, City of Vernon is exempt from compliance with the Child Support Assignment Orders Ordinance, Section 10.10 of the Los UASI Gov't PSA 5/07 Angeles Administrative Code. City of Vernon shall comply with California Family Code Section 5230 et seq. as applicable. §423. Minority. Women, And Other Business Enterprise Outreach Program It is the policy of the City to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all Contractor contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub -Contractors. UASI Gov't PSA 5/07 V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501. Defaults Should City of Vernon fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the City reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. (This Section. is left intentionally blank.) §503. (This Section is left intentionally blank.) §504. (This Section is left intentionally blank.) §505. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by City of Vernon, and any increase or decrease in the amount of compensation which are agreed to by the City and City of Vernon shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. City of Vernon agrees to comply with all future City Directives, or any rules, amendments or requirements promulgated by the City affecting this Agreement. UASI Gov't PSA 5/07 VI ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.. §602. Number of Pages and Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty-eight (28) pages and thirteen (13) Exhibits which constitute the entire understanding and agreement of the parties. UASI Gov't PSA 5/07 IN WITNESS WHEREOF, the Clty and City of Vernon have caused this Agreement to be executed by their duly authorized representatives. APPROVED AS TO FORM AND LEGALITY: For: THE CITY OF LOS ANGELES ROCKARD J. DELGADILLO, City Attorney By 44K. ANTONIO V L RAI , Mayor Deputy City Attorney By V Date l-2k-D$ Antdnio R. Villaraigosa, Mayor Homeland Security and Public Safety, Mayor's Office Date FM ATTEST: FRANK T. MARTINEZ, City Clerk By is ep Vy City Clerk Date APPROVED AS FORM: For: City of Vernon, i a municipal corporation By C tto n y By'�`�' Date t 013 0 Id Date ATTES By Pity Clerk Date City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: Date of Approval City Contract Number' C.10l UASI Gov't PSA 5/07 EXHIBIT A INSURANCE (Not applicable to this Agreement.) EXHIBIT B CERTIFICATION REGARDING DEBARMENT rl 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) The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROWER/AGENCY Eric T. Fresch, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE January 8, 2008 SIGNATURE DATE INSTRUCTIONS FOR CERTIFICATION I. 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," "principals" "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non -Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded'from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. EXHIBIT C CERTIFICATION REGARDING LOBBYING CERTIFICATION REGARDING LOBBYING Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her, knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER City of Vernon CONTRACT OR/B ORRO WER/AGENCY Eric T. Fresch, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Jan SIGNATURE t DATE M: INSTRUCTIONS FOR CERTIFICATION I. 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 fiords learns that its certification was erroneous, when submitted or has become erroneous by -reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered �� transaction, participant, person, primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detennines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non -Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. EXHIBIT D THIS SECTION IS LEFT INTENTIONALLY BLANK EXHIBIT E GRANT ASSURANCES Name of Applicant: Address: City: Telephone Number: ( Fax Number: E-Mail Address: Office of'Homeland Security Grant Assurances (All Applicants) State: Zip Code: - As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Security and sub -granted through the State of California. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, through any authorized representative, access. to and the right to examine all paper or electronic records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. FY06 Homeland Security Grant Program Page 43 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will comply with all, federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1073, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and 1. The requirements on any other nondiscrimination statute(s) which may apply to the application. 8. Will comply; or has already,complied; with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases.' 9. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 10. Will comply with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. conformity of federal actions to State (Clean Air) Implementation Plans under Section FY06 Homeland Security Grant Program I Page 44 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); .and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-2.05). i. California Environmental Quality Act (CEQA). California. Public Resources' Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. 11. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 13. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 14. Has requested through the State of'California, federal financial assistance to'be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 16. Will comply with provisions of the Hatch Act, (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 17. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held'for research, teaching, or other activities supported by this award of assistance. FY06 Homeland Security Grant Program Page 45 19. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.'S:C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub -agreements. 21. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 22. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an. officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with. the making of any federal grant, the entering into of any cooperative agreement, and the extension; continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities;" in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 23. Agrees that equipment acquired or obtained with grant funds: a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. c. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. FY06 Homeland Security Grant Program Page 46 24. Agrees that funds awarded underthis grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 25. Will comply with all applicable. Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110, A-122, and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66 or 70, that govern the application, acceptance and use of Federal funds for this federally -assisted project. 26. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars; or regulations. 27. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including a. Part 18, Administrative Review Procedures; b. Part 20, Criminal Justice Information Systems; c. Part 22, Confidentiality of Identifiable Research and Statistical Information; d. Part 23, Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities; f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; g. Part 38, Equal Treatment of Faith -based Organizations; h. Part 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. in. Part 6.7, Government -Wide Debarment and Suspension (Non -Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations. p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants) 28. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. FY06 Homeland Security Grant Program Page 47 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 30. Will, in the event a Federal or State court or Federal or State administrative agency makes a fmding. of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the, finding to the Office of Civil Rights, Office of Justice Programs, 31. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 32. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide, 33. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 34. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 35. Understands that, failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. 36. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission, of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, (c) Are'not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State; or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or . local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. FY06 Homeland Security Grant Program Page 48 38. As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying .the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her, conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a. drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; FY06 Homeland Security Grant Program Page 49 (g) Making'a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: FY06 Homeland Security Grant Program Page 50 EXHIBIT F EQUIPMENT LEDGER c V N a ga t LLI CAy (p a> a ►= :Z E a o .ao mhy� es n D-omw� J w c h W EXHIBIT G ALLOWABLE COST MATRIX APPENDIX D — ALLOWABLE COST MATRIX Table 13 - FY 2006 Allowable Cost Matrix ruomc eaucation & outreach Develop and implement homeland seculi su Y Y Y Y Y Y Programs and adopt ongoing DHS National Mid fives Y .Y Y Y r Y Y 1y7y . DLUuusn, ennance, or evaluate Citizen. Corps related " I I r Y ty I IV volunteer programs Y Y Y Y Y Y Y Y Y Y Hiring offull- or pert -time staffor contract/consultants Y to assist with planning activities (not for the.purpose of hiring public safety personnel fulfilling traditional public safety duties) Y Y Y Y Y y Y y y y y y Conferences to facililato planning activities Materials required to conduct planning activities Y Y Y Y Y Y Y Y. Y Y Fravellper diem related to planning activities Y Y Y Y Y Y Y Y Y overtime and backftll costs (IAW operational Cost Y Y Y Y Y Y Y Y Y Y Y Y 3uidance) Y Y Y Y Y Y Y Y Y Xher project areas with orinr annrn i --- UVOrlhtie for information, investigative, and intelligence. sharing activities (up to 25 percent of the allocation) Y Y Reimbursement for select operational expenses associated with increased security measures at critical Infrastructure sites incurred during periods of DHs- Y Y declared Code Orange Y Hiring of full- part-time staff or contractors for emergency management activities - y y Hiring of contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities (limited to 25 percent of the Y Y allocation) Lim Y D-2 Exercise'planning workshop X%'Y king Y Y Y Y Y. y y Full -or part-time staff or contractors/consultants Y Y ,Y° Y Y; :Y' •Y y y Overtime. and baekfill costs including. expenses for .Y part-time and volunteer emergency response personnel X y Y Y Y y participating in G&T exercises .X Travel Y Y Y Y Y Supplies Y ,�; Y y Y Y' Y Y :Y Other items Y' : Y Y� Y Y Y Y Y' y Y_ Y y Hiring of full- or part-time staff or contractorskonsultants to assist with the management of HSGP, implementation of State Homeland Security Y Y V y y y y y YStrategy, application requirements, compliance with reporting and data collection recluirements Development of operating plans for information collection and processing necessary to respond to G&T Y Y Y ,Y Y Y Y y y Data calls Overtime and baekfill costs y y Y Y Y Y. Y• Travel Meeting related expenses Y Y Y V. Y Y Y Y Y y Authorized office equipment Y Y Y Y• Y Y 1, Y Y Y Y Y Y Y y y Y Y Recurring expenses such as those associated with cell Y Y y phones and faxes during the period of performance of Y Y y Y Y Y the Grant Program. y Leasing or renting of space for newly hired personnel during the period of Performance of the Grant Pro ram Y Y Y Y Y Y Y D-3 Costs outlined in the following table are NOT allowed unless designated by a "•". Those designated by a "*" are only allowable in a limited capacity. Check the specific program guidance for detailed information. D-4 EXHIBIT H AUTHORIZED TRAINING FY 2006 HOMELAND SECURITY GRANT PROGRAM- DECEMBER 2, 200S W1• CA. Trai in FY 2006 UASI funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training -related costs include: l . Establishment of support for, conduct of, and attendance at preparedness training Programs within existing training academies/institutions, universities, or junior colleges.. Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery from natural, technical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated an the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, eyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved training courses. UASI funding may also be used for training citizens in awareness, prevention, protection, response, recovery skills PREFAREONESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING .84 EXHIBIT I AUTHORIZED EXERCISES FY 2006 HOMELAND SWURITY GRANT PROGRAM - DECEMBER 2, 2005 C.5• Exercises All Urban Areas are required to develop a Multi -year Exercise Plan and submit it to G&T on an annual basis. While Urban Area specific, this Alan must tie into the Multi -year Exercise Plan developed by the State, and be in line with the Urban Area Homeland Security Strategy. Further, Urban Areas are encouraged to develop aMulti-year Plan and Schedule that takes into consideration anticipated training needs of the Urban Area for at least the immediate year, with exercises being timed to provide responders the opportunity to utilize training received. This combined schedule should also ensure that training and exercises complement each other. An example Of a combined Multi -year Training and Exercise Plan can be found at the HSEEP Website or G&T Secure Portal. Further guidance concerning EPWs can be found in the HSEEP Volumes, Urban Areas are eligible to apply for exercise direct support, but must do so in coordination with the SAA. PREPAREDNESS DIRECTORATES OFFICE OF GRANTS AND TRAINING ea ss EXHIBIT J AUTHORIZED PLANNING FY 2006 HOMELAND SECURITY GRANT PROGRAM •- DECEMBER 2, 2005 C. Authorized Program Expenditures Allowable expenditures for the FY 2006 UASI program comport with FY 2006 SHSP (except for the use of funds for operational costs). Please refer to Appendix D for a summary of authorized and unauthorized UASI expenditures. C.I. Planning Urban Areas may use FY 2006 UASI funds for multi -discipline planning efforts to prioritize needs, update preparedness strategies, allocate resources, and deliver preparedness programs. These efforts include the collection and analysis of intelligence and 'information and the development of policies, plans, procedures, mutual aid agreements, strategies, and other publications that comply with relevant laws, regulations, and guidance necessary to perform assigned missions and tasks. It is explicitly permissible to use planning funds to hire government and/or contractor personnel to conduct planning activities described here. Similar to SHSP, FY 2006 UASI funds may be used for a range of homeland security planning activities, such asc • Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: o Implementing the National Preparedness Goal and Guidance. o Implementing and adopting NIMS. o Modifying existing incident management and Emergency Operating Procedures (EOPs) to ensure proper alignment with the NRP coordinating structures, processes, and protocols. o Establishing or enhancing mutual aid agreements. o Developing communications and interoperability protocols and solutions. o Conducting local, regional, and Tribal program implementation meetings. o Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC. o Designing State and local geospatial data systems. o Conducting public education and outreach campaigns, including promoting individual, family and business emergency preparedness; alerts and warnings education; and evacuation plans. Developing related terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery. o Multi -discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism. o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils. o Citizen Corps volunteer programs and other activities to strengthen citizen participation. PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 8a FY 2006 HOMELAND SECURITY GRANT PROGRAM - DECEMBER 2, 2005 Conducting public education campaigns, including promoting individual, family and business emergency preparedness; promoting the Ready campaign; and/or creating State, regional or local emergency preparedness efforts that build upon the Ready campaign. Evaluating CIP security equipment and/or personnel requirements to protect and secure sites. CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: o Developing or enhancing EOPS and operating procedures. o Developing terrorism prevention/deterrence plans. o Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies. o Developing or enhancing border security plans. o Developing or enhancing cyber security plans. o Developing or enhancing cyber risk mitigation plans. o Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans, o Developing public/private sector partnership emergency response, assessment, and resource sharing plans. o Developing or updating local or regional communications plans. o Developing plans to support and assist special needs jurisdictions, such as port authorities and rail and mass transit agencies. o Developing or enhancing continuity of operations and continuity of government plans. o Developing or' enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRP. o Developing or enhancing evacuation plans. o Developing or enhancing citizen surge capacity. Developing or conducting assessments, including but not limited to: o Conducting point vulnerability assessments at critical infrastructure sites/key assets and developing remediation/security plans. o Conducting cyber risk and vulnerability assessments. o Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify. critical gaps that cannot be met by existing local and State resources. o Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g, law enforcement, fire, EMS; public health, behavioral health, public works, agriculture, information technology, and citizen preparedness). o Activities that directly support the identification and advance preparation of pre - designated temporary housing sites. PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 81 EXHIBIT K AUTHORIZED ORGANIZATIONAL ACTIVITIES FY 2006 I10MELAND SECURITY GRANT PROGRAM — DECEMBER 2, 2005 C.2. Organization States and Urban Areas may use FY 2006 UASI funds to support select organization activities. States and Urban Areas must justify proposed expenditures of UASI funds to support organization activities within their Investment Justification submission using. historical data and other analysis to substantiate their proposals. No more than 25 percent of the gross amount of the allocation for this program may be used for operational expenses and overtime costs for the three (3).operational activities noted below. 1, Operational overtime costs associated with increased security measures at critical infrastructure sites during periods of DHS-declared heightened alert. UASI: Up to 25 percent of FY 2006 funds may be used in UASI jurisdictions. • Of this amount, up to 10 percent may be used for costs incurred during Code Yellow or Orange. • The remaining 15 percent may be used for costs incurred only during Code Orange. • Operational overtime costs incurred at National Special Security Events (NSSEs) in UASI jurisdictions, as designated by the Secretary of Homeland Security, are also allowed. • States with UASI jurisdictions can use funds retained at the State level to reimburse eligible operational overtime expenses incurred by the State (up to a maximum of 25 percent of the State share of the UASI grant). However, those activities must directly support increased security measures enacted in the UASI jurisdictions. States should be judicious in the use of Federal grant funds when protecting critical infrastructure and should leverage public/private partnerships. States should also consider the use of private assets in the protection of private facilities-. In support of these efforts for enhanced capabilities of detecting, deterring, disrupting, and preventing acts of terrorism, costs eligible for reimbursement under this policy are identical to those deemed allowable under previous Code Orange alerts. Therefore, subject to the conditions stated above, States and local governments may use FY 2006 UASI funds to support select operational expenses associated with increased security measures at critical infrastructure sites in the following authorized categories: • Backfill and overtime expenses for staffing State or local emergency operations centers (EOCs) • Hiring of contracted security for critical infrastructure sites • Public safety overtime • National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package • Increased border security activities in coordination with CBP as outlined in Information Bulletin #135.Is 13 Proposed operational activities should emphasize those measures that will increase border security in direct coordination with CBP personnel. State, local, and Tribal law enforcement personnel may provide increased enforcement presence by generally increasing their patrol presence at the border; by providing additional traffic PREPAREDNESS DIRECTORATE'S OFFICE OF GRANTS AND TRAINING 82 FY 2006 HOMELAND SECURITY GRANT PROGRAM— DECEMBER 2, 2DOS Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package. Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security. This includes activities such as anti -terrorism task forces, Joint Terrorism Task Forces (JTTF), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), and Terrorism Early Warning (TEW) groups. Grant funds may be used towards the hiring of new staff and/or contractors to serve as intelligence analysts to support information/intelligence fusion capabilities. In order to be hired as an Intelligence Analyst, staff and/or contractor personnel must have successfully completed training to ensure baseline proficiency in intelligence analysis and production. Furthermore, costs associated with hiring new intelligence analysts are allowable only for the period of performance of the FY 2006 UASI and LETPP programs. Upon close-out of the FY 2006 grants, States and Urban Areas shall be responsible for supporting the sustainment costs for those intelligence analysts. The International Association of Law Enforcement Intelligence Analysts' (IALEIA) Educational Standard # 7 (page 14 of the IALEIA Analytic Standards booklet) provides standards on the categories of training needed for intelligence analysts. These include subject -matter expertise, analytic methodologies, customer -service ethics, information handling and.processing skills, critical thinking skills, computer literacy, and objectivity and intellectual honesty. Successful completion the following courses satisfies the intelligence analyst training requirement: Intelligence Analyst Training Program (FLETC). Foundations of Intelligence Analysis Training (International Association of Law Enforcements Intelligence Analysis). Additional courses are being identified and will be shared as soon as possible. A certificate of completion of such training must be on file with the SAA and should be made available to Preparedness Officers upon request upon the hiring of personnel, control support at the border -and at border patrol traffic checkpoints; and by enhancing their participation in the Integrated Border Enforcement Teams. This.policy does not result in a change or -extension of Federal authority to State, Tribal, or local law enforcement agencies to enforce Federal immigration laws. If Federal immigration violations are encountered, consistent with current practices, State, local, and Tribal agencies may refer those - violations to CBP authorities for appropriate action. No funds may be obligated or drawn down in support of these activities without HQ-CBP approval ofoperational plans and without submission to and approval by G&T of budget detail worksheets. State, local, and Tribal law enforcement agencies shall not use this funding to supplant routine patrol and, law enforcement operations or activities in order to perform other activities not directly related to providing an enhanced law enforcement presence. PREPAREDNESS DIRECTORATE'S.OPFICEOFGRANTS ANDTRAINING 83 EXHIBIT L REIMBURSEMENT REQUEST FORM CITY OF LOS ANGELES URBAN AREA SECURITY INITIATIVE GRANT RSeirnbursernent Request Form Return Epia ursem� it Req_u_c�sts to: Rachel "V.a:ch friayor's Office, of Hornetank1 Security and Public Sstety 200 N. Sprinp, St., Rnarn #Mii-17SA Los Angeles, CA 20012 Phone: 213.978.0701 -Fax: 21 &978.0715 t� ltel..k�atr��h��?i�cty;�src:i UASI FY03 Part 1 0 UASI FY04 G UASI FY03 Par1.2 J UASI FY05 ❑ Core City: Requesting Agency: Reimbursement Period., � —to Prepared By:- Phattc No,: Please mark this raox to indicate fi tax Line: request for reirnbursennert; L, Type of ExpenditureeBalance Authorized Total Arnount Request urrent Request cumulative Request. uipment Exercise Training Planning�- t2perational Activities Management &.Adryiiyn Totai« [ F"xil.- •.Y,.7ro?�..s fi, i.�..—. 3.'"...a;-k? .;.5 ..�F-,s z .:r », ar-. M k'. ..::t tK This raimbursement cleirn is in all respects true, correct, and all €xp.1 r lditures viere mare in accordence with applirahle laws, rules, regulations, and grant conditions anrt assurances. In addition; this rfaim is for cost incurred within the Gnwit Performance Period. Also, all suppr riing docurrartation related to these expenditures will be stained in accordance with giant,guideGres. Authorized Department Approval: please, Remit Payment to: :Tint Narne. Title Cate _W Phone No. (extension) Fax No. Name Address _ f, State— Z.P_.. Reference No, tea tai :corrtp16t6d liy HSPS Ac^crC;n�tnc� DHS.10ESReimbursenientRequestBy:.__Transactiont_l:___--.._.._._....._. Dater.____., DHS/OES Reir bmarnent Received:--____. Gash Receipt No._.,_,_-,-------- JV No. _..._....:........._.__._ Transfer to Depart Date:-_ --- .iv No.._ EXHIBIT M PURCHASING DETAIL WORKSHEET IT7 77 i 1 1 � i I l j{ i j� j� ml i� iI I� � ��I ILI Ii ��! 1; I� i� i� too, 1�, g 1.`9(._ III 77 i,( I{�I � < I 0 1) D li El A C r— c 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 28, 2008 Ms. Eve LaDue, Compliance Specialist Office of the Mayor, Homeland Security and Public Safety City of Los Angeles 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Re: First Supplemental Agreements to Agreement Number C-1113101 - Use of 2006 Urban Areas Security Initiative Grant Funds Dear Ms. LaDue: Transmitted herewith are two executed first supplemental agreements, as referenced above, approved by City Council on July 21, 2008, through Resolution No. 9671. Please return one fully executed original amendment to the undersigned. If you have any questions regarding this matter, please call Fire Chief Mark Whitworth, at (323) 583-8811 ext. 280. Very truly yours, Nell y ron City Clerk NG:dr c: Mark Whitworth Sharon Duckworth Resolution No. 9671 Agreement File No. 08-067 E ,cfusivefy Industriaf