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Resolution No. 09953
~•.i - - ~ 1 RESOLUTION N0. 9953 2 3 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A • 4 SECOND. SUPPLEMENTAL AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF LOS ANGELES 5 REGARDING THE USE OF 2006 URBAN AREAS SECURITY 6 INITIATIVE GRANT FUNDS 7 WHEREAS, on November 6, 200:7, the City Council of the City 8 of Vernon adopted Resolution No. 9456 approving an Agreement with the 9 City of Los Angeles (Contract Number C-113101) (.the "Agreement") for 10 the .distribution. of 2006 Urban Area Security Initiative ("2006 UASI") 11 grant funds to the Fire Department for training of Haz Mat and USAR 12 teams in the sum of $257,580.00 effective August 28, 2006 through 13 March 31, 2008; and 14 WHEREAS, on July 21, 2008, the City Council of the City of 15 Vernon adopted Resolution No. 9671 approving a-First Supplemental to 16 Agreement"Number C-113101 ("First Supplemental",) with the City of Los 17 Angeles to add funds in the amount of $213,902.00 that was omitted 18 from the Agreement due to a technical error, thereby raising. the total 19 grant funds to. the sum of $471,48.2.00 and. to extend the original time 20 of performance period .term of certain items; and 21 WHEREAS,- on or about December 10 2008, the. California 22 Governor's Office of Homeland Security extended the subgrantee 23 performance period-for the UASI 2006 grant from March 31, 2008 to 24 September 30, 2009; and 25 ~ WHEREAS, the lawsuit initiated by All~Star Fire Equipment 26 against L.N. Curtis & Sons in Federal Court for the CBRN-Self 27 Contained Breathing Apparatus was recently settled and the City can 28 move forward to submit a request for reimbursement for the equipment I 1 purchase, subject to the execution of a second supplemental agreement; 2 and 3 WHEREAS, the City of Los Angeles and the-City of Vernon seek 4 to further amend or modify the Agreement and First Supplemental to 5 extend-the time of performance of all budget-line item projects to be 6 completed to March 31,.20.09; and 7 WHEREAS, the Fire Chief by memorandum dated April 25, 20Q9 8 has recommended that the Second Supplemental to Agreement Number C- 9 113101 be approved. and executed. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 11 CITY OF VERNON AS FOLLOWS: 12 SECTION 1: The .City Council of the City of Vernon hereby 13 -finds and determines that the .recitals contained hereinabove are true 14 andcorrect. 15 SECTION 2: The. City Council of the City of Vernon hereby 16 approves the Second Supplemental to Agreement Number C-113101 of .City 17 of Los Angeles Contract with the City of Los Angeles (the "Second 18 Supplemental Agreement"), in substantially the same form as the copy 19 which is attached hereto as Exhibit A and incorporated by reference. 20 SECTION 3: The City Council of the City. of Vernon hereby 21 authorizes the-Mayor or Mayor Pro-Tem to execute said Second 22 Supplemental Agreement for, and on behalf of, the City of Vernon and 23 the City Clerk, or Deputy City Clerk, is hereby. authorized to attest 24 thereto. 25 SECTION 4: The City Council of the City, of Vernon hereby 2b authorizes the City Administrator, or his designee, to-make whatever 27 nonsubstantive, administrative and/or text changes, upon advice of 28 counsel, to the Second Supplemental Agreement. I 1 SECTION 5: The City Council of the City of Vernon hereby 2 authorizes the City Administrator, or his designee, to execute any and: 3 all documents necessary for the purpose of securing the additional 4 grant funds and ~to take any action deemed necessary to implement and 5 carry out the terms and conditions of the Second Supplemental 6 Agreement and/or this Resolution..- 7 SECTION 6: .The City Council of the City of Vernon hereby 8 directs the City Clerk, or her designee, to send two executed Second 9 Supplemental Agreements. 10 SECTION 7: The City Clerk of the City of Vernon shall 11 certify to the passage of this resolution, and thereupon-and 12 thereafter the-same shall be in full force and effect. 13 APPROVED AND ADOPTED this 11th day of May, 2009. 14 .~~~/J~1 15 Hilario Gonzales -Name: 16 17 Title: Mayor / ____j "¢e 18 ATTEST: 19 ~ 2 0 UELA GIRON, ~~Ci Clerk 21 22 , 23 24 25 ' 26 27 28 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) . 3 4 I, MANUELA.GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9953, was 6 duly, adopted by the City Council of the City of Vernon at a regular N 7 meeting of the City Council duly held on Monday, May 11, 2009 and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 12 UELA GIRON, C'ty Clerk 13 (SEAL). 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - SECOND SUPPLEMENTAL TO AGREEMENT NUMBER C-11.3101 OF CITY OF LOS ANGELES CONTRACT " BETWEEN. THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SECOND SUPPLEMENTAL ("Second Supplemental") to Agreement Number C-113101 of the City of Los Angeles Contract is made and entered-into by and be#ween 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 Gty and the City of Vernon have entered into that certain Agreement Number C-113101- of City of Los Angeles Contract (hereinafter "Agreement") wherein -the City of -Vernon shall. provide certain services and the .City shall pay for them using grant .funds from the Urban Area Security Initiative for year 2006 ("UASI. 06"); said-Agreement having a term of August 28, 2006 through March 31; 2008, the execution of-such Agreement being authorized by the Los Angeles City Council (C.F: # 07-0582) and WHEREAS, on or about December. 10, 2008, the California Governor's Office of Homeland Security extended the subgrantee pertormance period for the UASI 06 .grant from March 31, 2008 to September 30, 2009; and ' WHEREAS,- Section 505 of the Agreement provides for amendments to the Agreement; and` WHEREAS, on, or about August 22, 2008, a First Supplemental Agreement to the Agreement (the "First Supplemental").was executed by the City and Contractor to (a) extend the original pertormance period term of certain budget line item projects to be completed pursuant to the Agreement and (b) correct certain technical errors regarding budget allocations for the Agreement, such action taken pursuant.. to authorization. provided. under. Section 14.8 of the ..Los-Angeles Administrative Code;. and WHEREAS,. the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office"), which has been designated by the City to administer the :Agreement and.. the. project contemplated therein, desires to further amend or modify the Agreement and the First` Supplemental for the purpose ofi extending the time of pertormance of all budget line item projects to be completed pursuant- to the Agreement to March 31, 2009 pursuant to -authorization provided under Section 14:8(x) of the. Los Angeles Administrative Code;Nand Second Supplemental, UASI `06 1 12/08 City of Los Angeles & City of Vemon WHEREAS, the. City and the City of Vernon are desirous of entering into this Second Supplemental for the purpose of amending or modifying the Agreement and the First Supplemental as authorized by Section 14.8 of the Los Angeles Administrative Code which authorizes the City to prepare and execute an Amendment to the Agreement for the purpose of (a) extending the.. time of performance for Agreement. Number C-113101 of City of Los Angeles Contract and the related First Supplemental to March 31, 2Q09 as more fully set forth below;. and (b) making. such other. changes as are required. in connection with the foregoing, all as detailed elsewhere in this Agreement; and WHEREAS,. this Second Supplemental is necessary and proper to continue and/or complete certain activities authorized under the Agreement and the first Supplemental. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. The Agreement and the First Supplemental, both of which are attached hereto as Exhibit 1, are revived by this Second Supplemental and incorporated herein by this-.reference.-.The terms-and conditions. of said Agreement and First Supplemental shall be the terms and conditions of this Second Supplemental, except as expressly modified herein. 2. Term: The performance period term of this Second Supplemental shall be as follows: (a) For training:. The. performance period shall be-,from October 1, 2008 to March 31, 2009. Such term modifies the term of the Agreement and First Supplemental which was originally from August 28, 2006 to March 31, 2008, and subsequentlyextendto September 30, 2008 by the First Supplemental. (b) For purchase and distribution: The performance period shall be from November 29 2008 to March 31, 2009. Such term modifies the term of the Agreement and First Supplemental which was originally from August 28, 2006 to March 31, 2008, and subsegtaently extend to November 28, 2008 by the-First Supplemental. (c) For all other budget line item projects to be completed pursuant to the Agreement and First Supplemental, the performance period shall be from March 31, 2008 to March 31, 2009. Such term modifies the term of the Agreement. which was originally from August 28, 2006 to March 31, 2008. 3. Except as herein amended ormodified, all terms and conditions of the Agreement and the First Supplemental shall remain unchanged and in #ull force. and :effect by way of this. Second Supplemental 4. Ratification Clause: Due to the .need for the Contractor's services to be provided continuously on an ongoing basis, Contractor may have provided Second Supplemental, UASI '06 2 12/08 City of Los Angeles & City of Vernon services prior to the- execution of this Second Supplemental To the extent that said services were performed in accordance-with the terms and conditions of this First Supplemental, those services are hereby ratified. 5. This Second Supplemental 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 Second Supplemental includes four (4) pages. and one (1) Exhibit which constitute the entire understanding and agreement of the parties. Second Supplemental, UASI '06 3 12108 City of Los Angeles & City of Vemon IN WITNESS WHEREOF, the City and the City of Vernon have caused this Second. Supplemental to be executed by their duly authorized representatives. APPROVED AS TO FORM: = THE CITY OF LOS ANGELES, a municipal corporation ROCKARD J. DELGADILLO,: City Attorney. = ANTONIO R. VILLARAIGOSA, Mayor By - Deputy City Attorney - By Date = Antonio R. Villaraigosa, Mayor Homeland Security and -ATTEST: Public Safety, Mayor's Office KAREN E. KALFAYAN, City Clerk _ Date By Deputy City Clerk. Date APPROVED AS TQ FORM: THE CITY OF VERNON a municipal, corporation By 13y . City Attorney = Date Date ATTEST:.... By Clerk Date City Business License Number: . Internal Revenue Service ID Number: Council File/OARS File Number: Date of Approval Said Agreement is Number of City Contracts Second- Supplemental, UASI '06 4 12/08 City of Los Angeles & City of Vernon EXHIBIT 1 • . . ~ , AGREEMENT Contractor: City of Vernon City Contract Number f ~ ~ j 1 i - 1 ' ~ I~ ~ T : LE ©F G NTH, +~1TS Section De~criation INTRODUGTION §101. Parties to the Agreement 5 §102. Representatives of the Parties and Service of Notices 5 §1 fl3. Independent Party §104. Conditions Precedent to Execution of this Agreement 6 II TERM AND SERV~~ TO BE PROVIDED §201. Time of Performance 7 - §202. Use of'Grant Funds ~ _ §203. This Section is Left Intentionally Blank ~ I11 PA §303. Payment of Grant funds and Method 4f Payment 10 IV T NDARQ,,PROVISIONS §401. Construction of Provisions-and Titles Herein 11 §402. Applicable Law, tnterpretation and Enforcement 11 §403. Integrated Agreement 11 §404. Excusable Delays 11 §405. Ereach 12 §406.. Prohibition Against Assignment or Delegation 12 §4fl7'. Permits 1 §40$. Non Dfscrimina6on and Affirmative Action 12 §40g. Los An eles Gi Business T g ty ax Registration Certificate ~ 3 UA~106 Gov't PSA j 5/07 Vernon TAF~L>^ OF CONTE Secti~gn Description. page §440, Bonds 1~ §411. Indemnification 13' §412, Conflict of IntBrest ~ 14 §413. Insurance ('this Section is Left intentionally blank) 1 §414. Restriction on Disclosures 15 X415. Statutes and Regulations Applicable to All Grant Dontracts 15 §41 Federal, State, and Local Taxes 23 §417. Inventions, Patents and Copyrights 23 §418. Eamecl Income Tax Credit 25 §419. Equal Benefits Ordinance 25 §42Q. Contractor Responsibility Ordinance 25 §421. Slavery. Disclosure Ordinance 25 §422. Child Support Assignment Orders 25 §423. t1ABEMIBE V - . D?tJITS SUSPENSION TB,~MINATIONa AND AMEI~DM~NI'S_ §5A1. Defaults 26 §502. This Secfion is Left Int~:ntionally Blank 26 §503. This Section is Left Intentionally dank 26 §504. This Section is Left Intentionally Blank 26 §505. Amendments 26 , VI ENTIRE AGF~,EEM,~NT X601. Complete Agreement 27 §502. Number of Pages and Attachments Z7 Execution (Signature) Page 2$ UAsui 06 Coif f'SA ii X107 Vetnon _ E Exhibit A Insurance (Not applicable to-this Agreemen#} Exhibit. B Certification R~g~rding Debarment, Suspension, Ineligibility and Voluntary Exclusion bower Tier Covered Transactions Exhibit C certification Regarding Lobbying Exhibit D This Section is Left intentionally Blank Exhibit E Crane 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 Datail Worksheet i i UASi 06 Gov't PSA Iii. x/07 iVemc?n . AGREEMENT NUMBER QF CITY CQNTRACTS BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF Vl=RNC~N • THIS AGREEMENT is made and entered into by and between the City of Los Angeles, ~ municipal corporation (the City,"), and City of Vemon, a municipal corporation {the "City of Vernon" or "Contractor"). ~~fN~~~r~i • WHEREAS, the U.S. L?epartnent of Homeland Security ("DHS" or "Grantor"), through the G~ffice of Grants and Training (G~fi), has provided fnanaal assistance directly to selected)'urisdictions 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 Ofilee ofi Homeland seourity (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 Las Angeles/!tong Beach Urban Area {"LA/L.BUA")consists-of the City of Los Angeles, the City of long Beach,. the unincorporated area aF the Cpunty of Los Angeles, and 27 participating jurisdictions, 'including City of Vernon); and • WHEREAS, the G&T awarded a UASI 06 Grant of $64;448,000 ("Grant Funds") to the City of Los Angeles, as a Core City, for use in the U~/LBUA; and WHEREAS, the City has designated the Office of the Mayor, Off+ce of Homeland Security and Public Safety ("Mayor's pifice") to provide fdr terrorism prevention and emergency preparedness; and . WHEREAS, the Mayor's Office now wishes to dis#ribute UASI 06 Errant Funds throughout the LAILBUA, as further detailed in this Agreement {"Agn3emerit") to City of Vernon and others; WHEREAS; the City and City of Vernon are desirous of executing this .Agreement as authori~eci by the City Council and the Mayor (refer to Counal File Nurreber 07~0$B~) whi.^:h authorises the City to prepare and execute the. Agreemenf. NQW; THEREf*QRE, tFte City of Los Angeles and City of VQman agree as foNows: UASI Godt PEA ~1~ I ItVTR~____~` OQU_CTItaN §101. Parties to the Aareement The parties to this Agreement are: A. The City,. a municipal corporation, having its. principal office a# 200 North Spring Street, Los Angeles, California 90012; and 13. City of Vernon, a r,~unicipai ~rporation, having its principal office at.4305 Santa Fe Avenue, Vernon, CA` 90058 §102. Reoresen ativp of the Parties and So ice of Not+ces A, The representatives of the respective.. parties who are authorized. to administer this Agreemen# and to whom format notices, demands and communicatic~ris shall be given are as follows: 1. The representative of the City of Los Angeles shall be, unless otherwise stat$d in the Agreement: Arif Alikhsn Deputy Mayor office ot` the Mayor . Hpmeland Security and Public Safety 200 N. Spring street, Room 303- Los Angeles, CA 90012 . Phone: (213) 9~&0687 Fax: _ (213) 97&07.1.8 Arif.Alikhan@Iaeity.Qrg . 2. The represen#ative of City of Vernon shall be: Manuela Giron,-City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Phone: (323) 553--8811 Ftic; (323) 826.-1438- ngiron~di.vemon:ea.us with a copy to: UAS1 Gott PSA David Lazar, .Eiiattalion Chief Vernon fire Department ~ . 335 Fruitland Ave Vemon, CA 9pOv8 Phone: (3~3) 583-4821, ext .512 Fax: (323) 583y04g5 dlazar@c.vernon.ca.us B. Formal notices, demands and communications to be given hereunder by either party'shal! be made'in writing and may be effected by personal delivery or by registered or certifed.mail, pottage prepaid:, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the Warne .of the person designated #o receive the notices, demands or communications or the address of such parson is changed, written no#ice shall be given, in accord with: this seCtion,:within five (5) business days of said change. §103. Independent Barty City of Vemon is acting hereunder as an independent party, and not as an agent or employee of the City of ~.os Angeles. No employee of City of Vemon, is, or shall bean employee of the City of Los. Angeles:~y virtue of this Agreement, and City of Vernon shall soinform 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 went or employee of the City of Los Angeles. §104. Conditions Prec~dent~o.,xECUtion 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. Certifcations Regarding Ineligibility, Suspension and Rebarment as required by Ex®cutive Order 1 ~~49 in accordance wifh Section 4151*: of this Agreement and. attached hereto as exhibit B and made a park hereof. C. Certificatigns .and Qisclosures Regarding Lobbying in accordance with Section 4150 of this Agreement and attached hereto as Exhibit C and mach a part hereof. City of Vemon shall also file a ©isdlosure Form at the end of each calendar quarter in whicht there occurs any event requiring disclosure or which materially effects the accuracy of the infcsrmation contained in any pisclosure Form previously ailed ley City of Vernon: UASI Gov't P3A Slo7 T-~~,Q SERVICE~s TO g~ PRpyJpl=p §201, Time of Perform~ce The term of thisAgreemen# shall commence on August 28, 2006 and end on March 31, 2008, or uppn the final disbursement of all of the Gran# Amount (as defined m Secfron 301 } and any addi#ional 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 Bydget/ExRenditure Klan, hereinafter "Budget " 'The gadget contains detailed listings of items for expenditure under the terms of this Agreem®nt -which is incx~rporated herein by this reference: Any request by Vemon,to modify the Budget must be'made in writing and must-be approved in Wuriting by the City during the term: of#his Agreement 6. City of V®mon 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 pr©vided.in a timely manner.. C. Any equipment acquiredpursuant to this Agreement sha11 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 ~xhikit G, City of Vernon shalt 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 Q6 Grant can be found at OMB Circular'A-102, Title 28 C.F;F~. Part 66.36, and Office of G&T Financial Guide. Any equipment acquired or.obtained with C3rant funds: 1. Will be made available under the California t~isaster and Civil. defense ..Master Mutual Aid Agreement in cpnsultation with representatives df the various fire, emergency medical, hazardous materials response services, .and Iaw enforcement agencies within the jurisdiction of the applicant; 2. Is c~ansis#ent`with needs as identified in the State Morneland Security Strategy and will bg deployed In conformar,s with that plan, 3. INitl be made available pursuant to applicable terms of the California Disaster and Civil Deferi~e Master M~tuai Aid Agreement and deployed with personnel trained in the use of such egtaipritent in a manner 41A~1 Gov't PSA 5/07 ~I I . - consistent with the California i~aw Enforcement Mutual Aid Plan or the Califomia 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 Officeof G8~1` Finanaai Guide. for the purposes of this subsection, "~quipmenf" is defined as nonexpendable. property that is not consumed or does lose'its identity by being-incorporated into another item: of equipment, which costs $S,OOq or more per unit, or is expected to have a useful life of one (1) Year or mare. Items costing less than $5,Q0(i, but falling into the following categories are also considered f quipment:`(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, glectri~ typewriters, personal computers (monitors and C{'U's), terminals end printers, 7. !~-gtaipment st~aA be used.by pity of Vernpn in the program or project for which it was. aagtaired~as longas needed, whether or not the projecf or progr-arr~ cAntinues to be supporter 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 caf Vernon shall make Equipment available foruse on other projects or ..programs currently or previously supported by tl~e 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 indude:• (a.) description of the item of Equipment, {b) manufacturer's model and serial .number, (c) Federaal Mock number, na#ional stock number, or other identification numt~er, (d) the sourcQ 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 goad running, order, and (h) location and condition of ~quiprnent. I~tecords-must be retained pursuant to 28 C.il.1~~. Part 66.42, and Office of (~~T. " 4. All equipment obtained under this Agreement shall have.an I.AILEE~ttJA idertti#ication decal affixed to it,. and,. when practical, shall be affixed where it is readily visible. 5. A physirral inventorjr of the Equipment shall be teken and the results reconciled with the Equipment records at {asst once every year or prior to .any UASI; Mate or Federal monitor visits; U14SI Gov't PsA 5/0~' i D. Any training paid pursuant to this Agreement shall conform to the guidelines as _ listed in FY 2008 Homeland Security Grant Program, Program Guidance and Applicationo Kit; page 84 (attacfied as Exhibit H) and must be pry-autl~cri~ed by • NHS at http://www.calguard.ca.gov/cajs-hs/nonslg~pFom~.htrn. A catalpgue of Grantor approved- and ~ponaored training courses is available at http//www.ojp.usdoj.govlodpftrpir~ing.htm: Any exercise paid. pursuant to-this Agreement shall conform to the guidelines as listed In PY2Q0.8 Homeland and .Security Grant Program, Program Guidance and Application-Kit, pg 84 and 85• (exhibit Detailed Homeland Security exercise and evaluation Program Guidance is ;available at Mttp://hseep,dhs.gov. F. Any planning paid pursuant #o this Agreement shall Conform to the guidelines as listed in FY 2006 Homeland and Security Grant F~rogram, Program tuidarace and ' Application Ki#; pg 8U acid 81 (t=xhibit J). Any organisational activities paid pursuant to this Agreement shall cflnform to the guidelines as listed ~n FY 2006-Homeland acid Security Grant I~rogram, Program .Guidance and .Application Kit, pg 82 and 83 (Exhibit K). §203. This Section is Left lntentipnally Blank • IJAS~ Gov't PSA 5/tt7 III - PAY...~~..,' §30'1. Payment of Grant•F,gpsts and Method of P~rr~ent A. The City of Los Angeles. shah pay to City of Vernon the gran# amount:Two .Hundred Fifty*Seven Thousand Five Hundred Eighty dollars ($257,5-80) to be used for purchase of equipment, plahrting, exereis~s, organizational activities, and training as described in Section 2t)2 above. The Gran# Amount represents - the amount allocated to City of Vernon in the PY 06 UASI grant award notice. B. City of Vernon shall provide quarterly invoices to the City reques#ing payment - and all suppofing documentation. Each reimbursement: request shall be ' accompanied by the Reimbursement Request Forrr~. (attached hereto as Exhibit L) and Purchasing Detail Worksheet (attached hereto as Exhibi# M) detailing the _ expenditures made by City of Vernon as authvnd by Section 20~ atiove. Igor . equipment for which Vernon is requesting reimbursement, all appropriate bank- up documcnta~Qn must be attached to the reimbursement form; including invoices, proof of payment and packing slips. Por training reimbursements, Vernon mus# ~ndudp a dopy of the class roster verifying training attendees; proof that an CaH~ tracking ntamber has been assigned to the course, and ti~eshee#s 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, Gity of Vernon may procure equipmen# through the "Equipment Purchase Assistance Program," as more fully described in "f=iscal 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 tie 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'shail submit to . the City of Los Angeles a final report reconciling the full amount of the Agreemen#, 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 #urned in all supporting documentation . and comple#ed the requirements of this Agreernert#. E. It is understood that the City makes no commitment to fiand this Agreement beyond the terms set forth herein. F. This Section is left.intentionally blank. Funding for aA periods of this Agreement is subject to the continuing availability to the-City of fed®ral funds for this program. The Agreement may be terminated ' UASJ Gov't PsA ~?0~' S r _ immediately -upon written notice to City.of Vernon of a loss or reduction of federal grant funds.) UA~i Gov't PEA 5/0~' IV ST,~NDARQ~PROVISIfJNS , .§401. Construction of Provisions~nd Tit„Ig~,rein All titles or subtitles appearing herein have been inserted for convenience and shalt not be deemed to affect the meaning ar construction of any of the terms or provisions hereof. The iangua~e of this Agreement shah be construed accordirig , tc~ its fair rn~aning 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. T'he singular shall include the plural. if there is - mare than one Contractor as identified herein, unisss expressly stated otherwise, their obligatlOns and. liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to indude the genders not used. §40~. Aaolioable.law. Jntergre, t~~,nn,;,~d ~nfQrcem~nt R4>!wT i Wy,~~. Each party's pertormance 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 overthis Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Intearat~~J A,gree___rr~ent This Agreement se#s forth ail 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. X404. ~,~ccu~abJ~~De_ lays In the event that pertarmance on the. part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the #aul# and negligence of said party, Wane of the parties shah 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 nc~t be limited to, acts of (god 4r of the public enemy; insurrection; acts of the Federal Government or any unit of State or 4.dcal acvernrnent in either sovereign pr contractual capacity; fires; floacis; epidemics; quarantine UAS1 Gov't PSA g - restrictions; s#rikes, freight embargoes or delays in transportation; to the ex#ent that they ace not caused by the party's wiflfui or.negiigent acts or omissions and to the ex#ert# that they are beyond the party"s reasonable control. §405. - r , _ ch Except for excusable delays, if any party fails to perform; in whole or in part, any promise, covenant, or agreern®nt set forth herein, or should any representation made by it be untrue, -any aggrieved party may avail itself of alt rights. and remedies, at law or equity, in the courts, of law. laid rights and remedies are cumulative of those provided far herein exEept that ~n no event. shall 2ny pa; ty recover more than once, suffer a penalty or forteiture, or be unjustly ' compensa~d. §40fi._ Prohibition Aaainst Assia~ nmen~or Dels~ga#ion City ofi 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, ar otherwise transfer any of itsduties hereunder.- §407. Pests City of Vernon and- its. officers, agents and employees shall obtain and maintain .all permits aad lic~:nses necessary for City of Vemon's performance hereunder -and shall pay any fees required therefore. City of Vemon #urther certifes to immediately notify the City of any suspension; termination, lapses; non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and___: Affirmative Ac#on City of .Vernon shall comply with the applicable nondiscrimination and. afFimaative .action provisions of the laws of the United States of America, the State of ~alifomia, and the City.. !n pertorming this Agreement, City. of Vemon :shall nQt discriminate in its. employment practices against any employee or applicant#or employment. because of such person's race, religion, national origin, ancestry sex, sexual orientation, age, physical handicap, mental dsabili marital status, domestic par-trier status or medr,~l condition. Ci ty of Vernon shall comply with, 1=xecutive Crder,11246, enthled "l,~qual employment t)pportunity,° as amended by Irxecutive Qrder 113'5, and as supplemented in f~epartrnent of Labor regulations (~1 CRS Part 60). -City of Vernon shall comply with the provisions of the Los Angeles Administrative Code Sections 1©.8_thrvugh 1A,13, to the extent applicable hereto.- if this Agreement contains a consideration in excess of $500 but not more: than $5;00, UA51 C~v't PSA . 5107 the I~qual Employment. practices provisions of this Agreement shall be the manila#ory centred prpviaions set forth in l.os Angeles Administrative Code Section 10.8.3, in which .event. said pravisioras are incorporated herein by this reference. If this Agreement contains a consideration in excess of X5,000, the Affirmative Action Program of this Agreement shall be the mandatory. ttjntr~ct provisions set forth in Los Angeles Administrative Code Section 10.13.4, in.which event said .provisions are incorporated herein by this reference. City pf Vernon shall also comply with all rules, regulations, and policies of the Glty's Board of Public~Works, Office of Contract Compliance relating to nondiscrimination and affirma~ve action, including the filing of all forms required by City. If required, City of Vernon shall subnr~it an aqua! I`mployment 4pporlunity Plan ("EEOf~°) to the DOJ Office of Civil Rights ("C~CR") in accordance with guidelines listed at http//www.ojp.usdoj.gov/ocr/eeop.htm, ~ Any sut~cor7tract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall be sub}ect to the provisions of this § 408. §409. 1. os AnaeIQ~.City Business Tax Regi~ption Ce ificate Under the terms of this Agreement, -the City's Business Tax Ordinance (Article 1, Chapter 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 l.qs Angeles Administrative Code Sections 11.4? through 11.88.: - §41.1. Indem~nfication Bach of the parties to this Agreement is a public eratity: In contemplation of the provisions of Section $95.2 of the Government Code of the State of California impoctng certain tort liability jointly upon public entities, solely by reason of swch entities being parties to an Agreement~as defined by Section 80~ of said Code,.. the parties hereto, es between tfiemselves, pursuant to the authorization contained in Section 855.4and 895.fi of Bald Code, will each assume the full liability imposed upon it or upon any ~f 1#s officers, agents, or employees bylaw, for injtJr~r caused by a negligent Qr wrongful. act or omission occurring in the performance of this. Agreement; to the: earns: extent that such liability would be imposed in the absence. of Section 895.2 of-said Code. To achieve the: atxwe- stated-purpose, each party indemnifies and holds harmless the nth®r party sole~y 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. UA~1 Gov't PEA ~/flT §412. Co~of Interes# A. The Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting, or adminlstr-sting any subcontr~c# supported (in whole or in part) by 1=ederal 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 sh©uld have known that: 1. A member of such person's imm®diate family, Qr domestic partner or organisation has a fnancial interest in the subcontrac#; 2. The subcontractor is someone with whom such person has or is negatia~ng any Prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Govemmertit Code §87"1 OA et sag, i# such person were a public: officer, because such person would have a "fiinancaa! or other interest" in the subcontract: . B. Definitions: 1. The #erm "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, motherin'law, brother in law, Sister in law; son in law, daughter in law. 2. The term "financial or other interest" includes but is not Gmi#ed to: a. Any direct or indirect financial interest in the speck contract, including a cornrnission or fee, a share of the proceeds, prospect of. a promotion or of future employment, a profs#, or any other form of financial reward. b. Any of the following in#erests. in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; bwnersfiip 'of five percent or more of the stock; employment in a managerial Gapac~ty; or membership on the board ofi directors or governing body. C. (This Sec#'wn is left int~intionally blank.) D. The Contractor further covenants that no officer, director, employee, or agent shall solicit or acxept gratuities, favors; anything of monetary value: from any actual ar 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 farmer director, officer, or empbyee within a one year period following the termination of the relationship between said .person and the Contractor. F. Prier tt> obtaining the pity's approval of any subcontract, ttte 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. Far further clarification of the meaning of any of the terms used herein, the parties agree that. references shat( be made to the g~ridelines, 1'~leS, anc~ lawn of the City of l:oS ~Angefes, State of California,-end Federal regulations regarding conflict of interest. H. The Contractor-warrants that it .has not paid ar 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, officeo or employee pf Contractor .shall have in#erest, direct or indirect,. in any contract or subcontract or the proceeds thereof for work to be parfQrmed 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. nsur a (Phis Section is left intentionailly blank) §414. Restric, Lion on Distylosur~s Any repdrts, analysis, studies, :drawings, information,. or data generated as a result of this Agreemen# are to be governed by the California Public Records Act (Calii'ornia ~ovemment Code Sec. 625U et seq.:). §415. tat. - e nd , ° e = I 'on e ~ L nt o , Tact - . A. Clty of`Vernon shall complywith:-all applicable requirements of state; federal, CQUnty and City of:Los Angeles laws; executive orders, regula#ions, program and administrative requirements, policies and .anjr other requirements governing this Agreement: City of Vernon shall comply with state and federal laws and regula#ion~ pertaining to labor, wages, hours, and other conditirans of employment. City of Vernon. shail~ comply. with new, amended, or revised laws, rQgulations, ai~dVor procedures that apply tp the performance of this Agreement. Thee. rsq~tirenients include, but are not limited tv 1. f,.M n em~:nt d' ~ C' cut r UA~I Gov't PEA 5/U7 City of Vernon.shaft comply with OM8 Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational #nstitutions); QMB Circular A-87 (Cost Principles for State, Local, and lndian tribal Govemrnents); OMB Circular A-102 (G-rants and ~gopera~ve Agreements with State and Local Governments); Cornnton Rule, Subpart C for public agenaes or OMB Circular A-910 (Uniform AdministrafrVe Requirements for Grants and Other Agreements with Institutions of Higher education, Hospitals and- Other Non-Profit, Organisations); OMB Circular A-12~ (Cost Principles for Non-Profit Organizations); OMB Circular A133 (Audits of States, Local Govamments, and Non-Proft Organizations. 2. Single Audit Act If Federal funds are used in the performance of this Agreement, .City of Vemon shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec..7.501 et s. eq.; City Oouncil action dated February 4,.1987 (C.F. No. 84 2259 S1); and any adrrtintsfrative regula#iori or field. memos implementing the Act. ' 3. Amer#carts with tsabil,~tio ` City of Vemon hereby certifies that it will comply wttli the Americans with Disabilities Act 42, USC 12101 et and its implernenttng 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 bisabilities Act. City of Vernon will not discriminate against persons wcith disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the City. of Vemon, relating. ttt this Contract, to the extent allowed hereunder, .shall be subject tv the provisions of this paragraph. 4. po#~tiGal and ~ectarian Act~yity Preh,~ihi~ ~ . None of the funds, materials, property or services provided directly or indirectly under this Agreement shall f.~e used for any partisan political activity, or ro further the election~or defeat of any candidafie for public office: Neither shall any funds provided under this AgreemQnt be used for any purpos~_ deslgnet3 to support or defeat any pending legislation yr ....administrative regulation. None~of the funds provided pursuant to tf}is Agreement shall be used for any sectarian purposa or to support or benefit any sectarian activity. If this Agreement provides for more. than $100,000.00 in grant funds or mare than $150,000 in loan funds, City of Vemon shah submit to the City a . Certification Regarding Lobbying. and a Disclosure Porm, if .required; in UASI Gcw't PSA 5/07 accordance with 31 tJSC 1352. A copy of the certificate is attached . here#o as Fachibit G. No funds will be released to City of Vemt~n until the Certitrcatior~ is filed. City of Vernon shall file a. Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which rna#erially affects the accuracy of any of the information contained in any Disclosure Farm previously filed by City of Vernon. City of Vernon shah require that the language of this Certification be included. in the award documents for all sub-awards at all tiers and that all subcontractors shall certify and disclose: accordingly.. 5. Records lnsneptlon At anytime-during normal business hours-and as often as the City, the U.S. Comptroller General and the Auditor. General of the Mate of California may deem necessary, City of Vernon shall make. available for examination all Qf its records. with respect to all matters covered by this Agreement. The City, the U.$. Comptroller General and.the Auditor General of the Mate of California shall have the authority to audit, examine and make excerpts or transcripts frpm records, including al! City of Vemon's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to"ali matters covered by this Agreement. City of Vernon agrees to provide any reports requested by the. City regarding performance of the Agreement, 6. ~e„~ords~Mainten,~nce ~tecgrds, in their originalform, shall be maintained in acxordance with requirernerrte prescribed by the City with aspect 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 Agr®ement and after final disposition of all pending maters. "Pending matters" include, but are, riot 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 Anginal form pertaining to matters revered ky this Agreement, shall at all times be retained within the County of los Angeles unless authorisation to remove them is granted in writing by the Gity. UASI Gov't PSA 7. Subcontracts and Procurement City of Vemon shall comply with the federal and City of Vernon standards in-the award of any subcontracts. For purposes of this Agreement, subcontracts shah include but`nat be limited to purchase agreemen#s, rental or lease agreements,. third party agreements, consultant service contracts snd construction subcontracts. . City of Vemon shall ensure that the terms of this Agreement with the City are- incorporated into all Subcontractor Agreements. The City ©f Vemon shalhsubrnit a!1 Subcontractor Agreerrients to the City fcsr reviaw ri r to the_ release of anv funds to the subcontractor. The City of Vernon shall . withhold funds to-any subcontractor agency that fails #a comply with the terms and conditions of this Agreement end their respective Subcontractor Agreement; 8. abor City of Vemon shall comply with the Intergavemmental Personnel Act of 1870 (42 U.S.C. §4728-4760 relating tp prescribed requiremen#s for _ merit systems for programs funded under one of the 19 statutes or regula#ions.specified- in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C.F.R..9QO,:Subpart F) City of Vernon shall comply, as applicable:, with the provisions of the Davin-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (4U U.S.C.- §276c~and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (4Q 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 Vemon shall comply with the federal Fair Labor Standards Act (29 USC § 209) regarding wages and hours of employment.. None of the funds shall be used to promote or deter UnioMabor organising activities. CA Gov't Code Sec. 16845 ~t.sea. - 9. ~C.i. it Ri t = City of Vemon shall comply with aN. federal statutes relating to nontliscrimiriation, These include but are not limited to: (a) Title VI of the Crvil F'tights Act of-1964 (F'.L. 88-352) which,prohibits tliscrirnination on the basis of race, color or national origin;, (b) Title IX of the Education Arreertdments of 1972, as amendad (2(3 U.S.C, §€1681- 683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act cif 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 5l07 i prohibits discrimination on the basis of age; .(e) the Drug Abuse Office and Tredtrnent Act of 1972 (F'.L. 92-255), as amended, relating to nonoiscrimir~ation~ on the basis of drug abus..e; (f) the Compr®hensive 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 alcghalism (g) §523 and 527 of the. Public Ne~lth service Act of 1912 (42 ~.~,C. §§29Q dd~3 and 290 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title-VIII of the Ciuil Rights Act of 19G8 (~42 U.Q.C. §§3601 et seq.); as amended, relating to non-discrimination'in the sale, rental or financ6ng of hoUSing; {i) any other nondiscrimination provisions in-the specific ststute(s) under which application for Federal assistance is being rnade•, (j) the requirements of any other nondiscrimination ststute(s) which . may apply~to the application;.and (k) F?,L. 93348 regarding the protection of human sub)ects involved in research, development, and related activities supported by this award of assistance. 10. Er~uir~nment~l City of Vernon shall comply; or has already complied, with the requirements of T`ities 11 and 111 of the Uniform relocation Assistance and Meal Property.Acquisition Policies Act of 1974 (P.I.. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal orfederally-assisted programs. These requirements apply to allinterests in real property-acquired for project .purposes regardless of Federal participation in purchases. City of Vernon shall comply with environmental standards which may be , presa'ibed pursuant to-the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91.190) and F~cecutive Qrder (EO)11514; (b) .notification of violating -facilities pursuant t© EQ 11738; {c) protection of wetlands pursuant#o ~O 11990, (d)evaluation of flood ha~rds in floodplains in accordance with EC 11988; (e) assurance of project car~sis#$npy with the approved Mate management program developed under the Coaster done Management Act of 197 (16 tJ.S.C. §§1451- et~seq,); (f) conformity'of federal octivns to State (glean Air) lmplementati4n 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 (F'.L. 93-523); {h) protection of endangered species under the Endangered Species Act of 1973; as amended (P.4.. 9~2fl5); and (i) Flood Disaster Protection Act of 193 ~102(a) (F~!,L. 93=234). City of Vernon shell comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.G. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers ~ystern. UASI Gov't PSA 5/0 City of Vernon shall comply with the l.ead~Based Paint Poisoning Prevention Act (42 U.S:C. §§4891 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 resfores and maintains-the chemical, physical and biological integrity cif the Nation's waters. City of Vernon shall ensure that the facilities under its ownership, lease or supervision which. shall be utilized in the aceornplishment of this project are not listed in the Environrrtental P'rotectivn Agency's (EPA) list of Violating Facilities and that if will notify the Federal Grantor agency of the . receipt of any communication from the Director of the EPA t)fFce of .Federal Activities indicating that a #acility to be used in. the project is under consideration for 1't-sting by the _E~'A. by signing this Agreement, City of Vernon ensures that.it is incompliance with the California Environmental Quality Act {CEQA), Public resources Code §21 OOU et and is not impacting the environment negatively. City of Vernon shall comply with the Energy Policy and Conservation Act {P,L. 94=163, 89 Stet. 871). City of Vernon shall comply, if applicable, with the'provision of the Coastal barrier Resources Act. (P.L. 97-348) dated Qctober 19, 1982 (16 UDC 3501 et: seq) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11 Presenra#icn City of Vernon- shall comply with Section 10t3 of the National Nistorie Preservation Act of 1966, as amended (16 U.S.C. §474), EO 11593 (identification and protection of historic properties), and the Archaeological -and Historic Preserve#ion Act of 1974 {16 U.S:C. §§469a-1 et seq.). 12. Suspension:;an Debarment .City of Vernon shall comply with Federal Register, Volume 68, Number . 228, regarding Suspension and DebarmQnt, and Gity of Vernon shall submit a Certification Regarding Debarment;required by Executive Order 12549 and:any amendment thereto laid Certif~c~atit~n .shall be submitted to the city c~ncurrent:with the execut±rsn of this Agreement and shall certify that neither City of Vernon nor its principals: are presently debarred, suspended,. proposed for debarment, declared ineligible or vvlr~ntarily ..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 inducted in tits award. doc~.rments for all sub~award at all tiers and that all subcontractors.shall certify accord+'ngly: UASI Gov't pSA 5ro7 13. Llrug-Free. Workplace City of Vernen shall comply with the federal prug-Free Workplace Act of 198$, 41 USC §701, 28 CFR-Part 67; the Califomia Drug-Free Workplace Act of 199p, CA Gov't Cade 8350-8357, 14. Miscellaneous City of Vernon shall comply with the Laboratory Animal Welfare Act of - 1966, as amended (P.L. 89-544, 7 USG §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 osiers, 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, andlor procedures that apply to the perForrnance of this Agreement. These .requirements include, but are not limited to: 1. Ti#!e 26 Code of Federal Regulations (CPR) Part 66; X012372; Department of Justice (DOJ) Offee of Judicial Programs (OJP) Office of the Comptroller, Financial Guide; U.S. Department of Homeland Security, Office of Mate and Local Government Coordination and Preparedness, C?fFce for pomestic Preparedness, Urban;Areas Security Initiative Grant Program 1/; OdP WMD Training bourse Catalogue; and DOJ Office for Civil Rights. Standardised Emergency Management System (BENS) requirements as stated in the Califomia Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 86A~'.1(e)-and CCR Title 19, 2445- 2448. Provisions of 28 Cf=R applicable to grants and cooperative agreements, inclwding Fart 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; Fart 30, Intergovernmental Review of [3epartment of Justice Programe and A~:tivities; Part 35, Nondiscrimination on the Basis of Disability in State and l,ocai Gov~mment services; Pert 38, equal Treatment of Paith~based Qrgani~ations; Part 42, N4ndiscrirflination/Equalemployment Qpportunities Policies and Procedures; Part f1, Procedures #or1mplernenting the National Enviroi~rt~elta! Policy Act; Part 63, l~loodplain Management and Wieland Protaction Procedures; Part 64, Ftoodplain tanagement and Wetland Protection Procedures; federal laws or regulations applicable to federal Assistance Rrograrns;: Part 69f New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for grants artd Cooperative UASI Godt PSA x/07 Agreements (including sub-awards) with Institutions of Migher 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 IJSC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims azf Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs. Financial and Administrative Guide for Grants, M7100.1, and alt other applicable federal laws; orders, circulars, or regulations. 2. Travel Ext~enses City.vfVernon as provided herein 'shall be compensated for.City of Veman's .reasonable travel expenses incurred in the performance. of this Agreement; to inetude travel and per diem, unless otherwise expressed. City bf Vernon's total travel for in-State.and/ar out-af--State anti per diem cos#s shall be included in the contract budget(s), All travel including out- of~State travel not included in the bradge#{s}.shall not be reimbursed without prior written authorization from the 'Mayor's Office: City of Vernon's admlriistrative*related travel and: per.. diem reimbursement costs shall be reimbursed based on the City of Vemon's policies and procedures. For programmatic-related travel costs, City of Vemon's reimbursement rates shall not exceed the amounts established by the State Department of Personnel Administration Rules and Regulations, PML. 97-024, Scotian 599.619, dated July 1; 1991` and Section b99.631, 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 p'unds, the Grantor required an authorized representative of the City to sign certain prornise~ regarding the way the Grant Funds would be spent ~("Grant Assurances"}, attached hereto`as t+xhitiit . 1;3y signing - these Grant Assurances, the City t3ecame liable- tot the Grantor for any funds that are used in violation of the grant requirements. City of ~/emon shall be liable to tine Grantor for any funds the Grantor determines that City of Vernon used in violation of these Grant Assurances. City of Vernon shill. indemnify and hold' harmless the .City for any sums the Grantor detemtines City of Vernon used. in violation of the Crrant Assurances. 11AS1 Gov't PSA 5/0~ §416. Federal, State .and; local.'T'axes Federal, State and local taxes shall be the responsibility of City of Vernon as an independent party and not as a City employee. §417. In~entiorts. Patertta and,Gogyri, h~ts- A. Reportinq'rocedur~e for lnve If any project produces any invention or discovery (Invention) patentable ar , 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 lnvention 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 Crantcr, tha Grantor -shall determine whether to seek protection on the lnvention. The Grantor Shag determine haw the rights in the Invention, including rights under any patent issued thereon, will be allocated and. administered in order to protect.the public interes# consistent with the policy ("Policy") embodied in-.the Federal Acquisition Regulations..System, which is based on Ch. 18 of ~#ie 3~ U.S.G. Sections 200 et seq. (Pub,.!.. 95=517, Pub. l.. 98=620, 37 CFR pert 401); Presidential Memorandum qn Government Patent Policy to the Heads of the Executive Departments aril Agencies, dated ~/18/198~}; and F~xecutive order 12591, 4/10!8.7, 52 FR 1 X414, 3 CFR, 1987: Comp.; p. 220 (as amended by executive Order 12618, 12/22/87, 52 ~R 4$661, 3 CFR, 197 Comp., p. 26~).. Contractor herek~y agrees to be bound by the Policy, and will ecantrac#uully require its personnel to be bound by the Policy.: B. Rights tq Use Inventions City shall have an unencumbered right, and anon-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. Copvriaht 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 discr8tion, may copyright the Material. If the City declines tca copyright the.Material, the City shall have an urlenc3um~iered right,. and a nonexclusive, irrevocable, royalty- freeJicenae, to use, m~nufacture,.improve upon, and allow others to do so for all government purposes, any Material developed under this Agrment., 2. Tire Grantor shall `have an unencumbered right, .and anon-exclusive,. irrevocable, royatty~free license, to use, manufacture, improve upon, and UASI Gov't PSA 5/Q7 allow others to do so for ail government purposes, any Material developed under this Agreement ar any copyright purchased under this Agreement. 3. Contractor shall. comply with 24 CFR 85,34. d. Ric #~t to Data The Grantor and the City shall have unlimited righ#s or copyright license to any data first praducsd or delivered under this Agreement, "Unlimited rights" -means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the publiE, grid perf~~ 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 Gran#or acquires the data under a copyright license as set forth in 48 CFF~ 27.4.04{f)(2) instead of unlimited sigh#s. (48 CFR 27.444(x)). E. Obliaations~inding on Subcon(,r~ctors 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 Incame 7'~x 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. Eaual 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 ~t®sponsibil~v Ordnance 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 ~ sea.:., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code, §421. Stav~, e~,;,rv Disels~sur„~ ordinance Under- the terms df this Agreement, City of Vernon is exempt from compliance v~?ith the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. §422. Child Suooo . A~sinnment Orders Under the terms of this Agreement,. City of Vernon is exempt from compliance with the Ch'rld Support Assignment Orders Ordinance, Section 1.0.10 of the Los UAS1 Gov't t'SA 5/Q7 Angeles Administrative Code. Gity v'f Vernon shall comply with California Family Code section 5230 et seq. as applicable.. §423. Minority, Women And Other Busin+~ss En#erprlse~utreach Program It is the policy of the City to provide minority business enterprises (MBls), women b~asineSS enterprises (WB~~) and a!I o#her business enterprises an equal oppc~rtwnity to participa#e in. the perfcirmance of all Contractor core#racts, including procwrement, eons#naction and persona! services. This policy applies to all Contractors and Sub-Contractors: UASI Gov't PSA 5/U7 . v FAULTS. SUSPENSION TERMINATIQN AND AMENDMENTS §501. Defaults Should .City of Vernon fail for any reason to comply with the contractual obligations of this Agreement within the time specifed by this Agreement, the City reserves the right to terminate the Agreement, reserving ali rights under state 'and fiederal 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 Vemon, and any increase or decxease in the amount of compensation which are agreed to by the City and City of Vernon steal! be incorporated into this Agreement by a Written amendment properly executed and signed by the person authorized to bind the parties thereto. City of Vemon agrees to comply with all future City Directives, or any rules, amendments or requirements promulgated by the City affecting this Agreement. UASI Gov't FSA ~/U~, . _ vl ENTIRE AGREEMENT §60.1. Complete Agreement This Agreement contains the full-and complete Agreement t~eeta~een tF~e two parties, Neither verbal agreement nar conversation with any ofFcerar employee of either party shall affect or modify any ofi the terms and conditions of this Agreement. §602. Nurnber_ of .Pag_es and_Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includestwenty-eight (28) pages and. thirteen (13) Exhibits~which constitute the entire understanding and agreement of .the parties.. UASI Gov't PSA 8107 IN WITNESS WHEREOF, the•City and City of Vernon-have caused this Agreement to be executed by their duly authorized representatives. APPROVE[) AS'T'O FORM ANC LEGALITY: For: THE CITY OF LOS- ANGELES ROCKARD J. DELGADILLO, City Attorney ANTONIO . V RAI ,Mayor Garry sy Deputy City Attorney !3y Ant nio R. Villaraigosa, Mayor Data 1 ~-~9~ Hgrrielet~d Security and Public Safety, t\tlayor's Office ATTEST: Date . ~ . FRANK T: MARTiNEZ, City Clerk ep y City Clerk Date o~.- ~ _ ' .,4, , APPROVED AS FORM: For: City of Vernon, a municipal.corporation By tto-y _R_ lay _ .f Date (a 3oLa~ Date ~ d J ATTES . sy ity Clerk Date /~sfo~ City Business Lidense Number: Internal R~;Venue Service ID Number: _ Council File/tJARS Fife Number: Dateyof Approval City Contract Number ' C / / ~ ! ~ ! IJASt nowt PSA 5107 . EXHIBIT A INSURANCE - . (Not applicable to this Agreement.} EXHIBIT B CE82TIFICATION REGARDING DEBARMENT 1 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIB~I,ITX 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 24.51 U, Participants' responsibilities. (REA,.D ATTACHED INSTRUCTIQNS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participaUion in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance fiends 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. French, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATNE January 8, 2008 ~ SIGNATURE DATE INSTRUC~ONS FOI2. CERTIFICATION ' 1: By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification asset out below. f 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 recipientof Federal assistance funds learns'that its certification was erroneous, when submitted or'has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible,"'lower-tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12349. 3. 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 participationin 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- VoluntaryExclusion -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 prospectiveparticipant in a lower tier covered transaction that it is not debarred; suspended, ineligible, or voluntarily excluded from the sovered~transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it detemunes the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement ar Non-Pro. urement Pro ra . S. Nothing contained in the foregoing shaft be coastrued 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 nonmally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph S 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 12EGARDING LOB]~YING Certification far Contracts. Grants Loans and .0oonera~tive 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 ernplayee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 1~ederal 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 Foram-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 subrecpients shall certify and disclose accordingly. 4. This. certification is a material representation of fact-upon u+hich 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 sha1T 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'!'. breach, CityAdminiatrator ' NAME AND TITLE OF AUTHORIZED REPRESENTATIVE January 8, 2008 SIGNATUR> DATE , INSTRUCTIONS FOR CEI~,TIF~CATI.ON 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification asset out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when ibis transaction was enured into, If it is later determined. that the prospective recipient of Federal assistance funds la?owingly rendered an erroneous certifcation; in addition to other remedies available to the Federal Government, the dnpartmcnt 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 tune the prospective recipient of Federal assistance funds learns that its certification was erroneous; whensubmittea or has become erroneous by-reason of changed circumstances. " 4. The terms "covered transaction," "debarred," "suspended," "ineligible;" "lower tier covered transaetlOn °t artiGl ant,O' ersOri ° ° covered transactio " ° rinCl a ° ° ~P P 'P Primary n, p p 1, ,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. iransaetian, 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 he clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," wihout 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 certificadomof a prospective participant in a lower tier Fovered 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 notrequired to, cheek the List of Parties" Excluded from Pmcureglggt nr Non»Proe}~retnent Piro aws. 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 inforpnation of a participant is not required to exceed that which is normally possessed by s 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 LEI~T INTENTIONALLY BLANK EXHIBIT E G~tAIV7 ~?~SURANCES Office o~~Homeland Security Grant Assurances (Ali Applicants) Name of Applicant: . Address: City: State: Zip Code: Telephone Number: Fats Number:: (~..~,r~ E-Mail Address: As the duly authorized representative of the applicant, I certify that the applicant named above: L 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 ly the awarding agency. S. Will initiate and complete the work within the applicable tirine 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 Hommeland Security Grant Program Pags 43 7. Will comply, if applicable, with the Lead4Based 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. Wi11 comply with all federal statues relating to nondiscrimination. These include but are not limited tae a. Title VI of the Civil lLights 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 1992, as antended (2p U.S:C. 1 G81-1683 and 1685-1686), which prohibits discrunianation on the basis of sex; c. Section 504 of the Rehabilitation Act of 19'73, as amended (29 U.S.C. § 794) which prohibits dscriinna#ion on the basis of handicaps; d: The~Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which proh*bits discrimination on the basis. of age; e. The Drug Abuse Office and Treahnent Act of 1972 (P.L. 92-255) as mended, relating to nondiscrimination on the basis of drug abuse; f: The Comprehensive Aleohol_Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 19'70 (1'.L. 91-61.6), as amended, relating to nondiscrimination on the basis of alcohol aliuse or alcoholism; . g. 523- and 529 of the Public. Health Service Act of 1912 (42 U.S.C. 29U 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 amend- ed, 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, CFIt, 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 19'70 (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 assistedprograms. 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 insurancepurchase requirements of Section 102(aj of the Flood Disaster Protection Act of 1973 (P.L,. 93234) 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 nay be prescribed pursuant to the fallowing: a. institution of environmental quality control measures under the National Environmental -Policy Act o~ 1969 (P:I,. 91-190) and Executive Order (EO) 11314; b. notification of violating facilities pursuant to EO 1.1738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 1198°8; e. assurance of project consis. tency 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 uncles Section FY06 Homeland Security Grant Program. page ~}g 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 underthe 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. 93-2USj. 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 Aet of 1968 (16 U.S:C." 1271 etseq.) related to protecting components or potential components of the national wild and scenic rivers system. 12. Wili 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), EC 11593 -(identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 ( 6 U.S.C. 469a=1 et seq). _ 13. Will comply with Standardized Emergency Management System (SEIVIS) 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. I4: Has requested through the State of California, federal financial'assistance to beused 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 xefunded 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 4'128-4763) .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. fora Merit System of Personnel Administration (S,C.F.R. 900, Subpart F~. 16. Wiil comply with provisions of the Hatch. Act (5 U.S.C. Sections 150.1.=1508 and 7324;7328] which liimit the political activities of empioyees whose principal employment- activities are funded in whole or in part with federal funds. 17. Will comply with P,L. 93-348 regatding the. protection of human subjects involved in research, development, and related activities supported by this award ofassistance, 18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. i.,. 89-54.4, 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. Fl}06 Hotrneland Security Grant Program.. Page 45 19. Will comply with the nc~inin?urn wage and maximum hour provisions of the Federal Fair Labor Standards Act.(29 U.S.C. 20.1), 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-'n, the Copeland Act (40 Z.T.S.C. Section 276c and 18 U.S:C: Sections 1374), and the Contract Work Hours-and Safety Standards Act (4U: U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub-agreements.. 21. Will not make any award or pcnmit 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 undex Executive Order 12549 and 126$9, "Debarment and~Suspension." 22. Agrees that: - a. No federal appropriatedfunds-have been.pad 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 o~ 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, gran# 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 cooperatve 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 ties 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 $1 U,000. and not. more than $140,000 for each such failure.. 23. Agrees that equipment acquired or obtained with grant hinds: a. Will be made`available under the California Disaster and Civil Defense Master Mutual Aid Agreetitent in consultation with representatives of the various fire, emergency medical, hazardous materials response services; and law enforcement agencies within the jurisdiction ofthe applicant. b. Is consistent with needs as identif ed 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 iVtaster Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the Calfonnia Law Enfbrc~ent Mutual Aid Pion or the California Fire Services and Rescue Mutual Aid Plan. FY06 Homeland Security Grant Program ~ ` . ~Pa a 46 g 24. Agrees that funds awarded under this grant will be used to supplement existing funds-for program activities, and will not supplant (replace) non-federal funds. 25. Will comply with all applicable: Federal statutes, regulations, policies; guidelines and requirements, including OMB Circulars A-Z1, A-87, A102; A-110, A-12?, and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in -Title 28, Code of Federal Regula#ions, Part G6 or 70, that govern the application, acceptai;ce and use of Federal funds for this federally~asssted project. 26. 'Will comply, and assure the compliance of all its subgrantees and contractors; with the nondiscrimination. requirearients of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(4), or the Juvenile Justice and. Delinquency Prevention. Act, or the Victims of Crime Act, as approp~;at~; 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. 2'7. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including a. Part 18, Administrative Review Procedures; b. Part ~0, Criminal Justice Information Systems; . c Part 22, Con#Identiality of Identifiable Research and Statistical: Information; d. .Part ~3; Criminal Intelligence Systems Operating Policies; e. Part 30, Intergovert~xental Review of Department of Justice Programs and Activities; f. Part 35, Nondsscritinaton 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, 1Vondserimnation/l~qual Employment Opportuiutes Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplan Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs,, 1. .Part 66, Uniform Adnnnistrative Requirements for Grants and Cooperative Agreements to Stateand-Local Governments. m. Part 67; Government-Wide Debarment and Suspension (Non-Procurement) n. Part 69, New Restrictions on Lobbying o. Part 70, Uniforms Administrative Requirements for Grants and Cooperative Agreements (including: sub+awards) with Institutions of Higher'Learning,`Hospitals and other Non»Pro~t Organizations: p. Part 83, Government=Wide Requirements for a 1Jrug-Free. Workplace (grants) 28: Will ensure that the facilities under its ownership, lease or supervision which-shall be utilized in the aceomplislament of t}usproject are not listed in the Envirortmental 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 Qf Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. F~06 Homeland Security Grant Program _ _ Page 47 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA)1990. 30. Will, in the event a. Federal or State court or Federal or State administrative agency makes a finding. of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the' finding to the Office of Civil Rights, .Office of Justice Programs. 31. Will provide an Equal Employment Opportunity Plan, ~ 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 ~e~ieral funds within the units pf 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. 3fi. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants itt pr-irnary 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 notwithin a three-year period preceding t1~is 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 conunission of embez2lemeni; theft, forgery, bribery, falsification or :destruction of reecords, 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 conatnssion ofany of the offenses enumerated in paragraph (1 xb) of this certification; and (cl) Have not within a three,year period preceding this application had one or more public transactions (Federal, .State, or . local) terminated for cause or de€ault; 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 he 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 adrug=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 re iced b em to y paragraph (a) that, as a condition of p yment under the grant, the employee will ' (1)-Abide by the terms of the statement; and (2) Alotify the employer in writing of his ox 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)(2j 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; (f1 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) Talang appropriate personnel action against such an employee, up to and including ten~iination, eonsistert with tine requirements of the Rehabilitation Act of 1973, as emended; or (2) Requu7ng such employee to participate satisfactorily in a. drug abuse. assistance or rehabilitation program approved for such purposes by a Federal, State, orlocal-health, law enforcement, or other appropriate agency; . FYOb Homeland Security Grant Program ...Page- 49' (g) Making a good faith effort to continue to maintain adrug-free workplace Through innpiementation ofparagraphs (a), (b), (c), (d), (e), and (fj: . _ ~ As the duly authorized representative of.the applicant, I hereby certifythat 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 agceernent for and on behalf of the said applicant.. . Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: FYU6 Homeland Security Cirarit Program Page'. 50 _ EXHIBIT F EQUIPMhNT LEDGER d~ o~ = a p . c - .4~.e ~U QQ'.., Z C.;, V1 0 a U Q y ~ O gi W ` Q ~ C QU:.;,- v ' bC } H s i a ~ Nom A w N ~ 7n m e a}~ m ~a4 0,-..~~ ° ~~~d as ~?~~w~ ~ ~ " t' a 1= s 0 E - _ a~ ; ' a a A EXHIBIT G ALLpWA6LE COST MATRIX ~ ~ ~ . ' A~'PENDIX ~ ,ALLOWABLE COST MATRIX Table 13 I+Y 2006 AUowstble Cost Matrix _1'Ublic education & outreach Develop and itnplemcpt homeland securl su X• Y Y Y Y Y ` :.y' y ~ tY pPort programs and adopt orgoing DIiS National Ynitiativas , y Y Y Y` 'Y y - _x Y nevelop sad enhance plans and protocols y Develop or conduct assessments Y .Y Y Y" Y Y ` X X . Establish, enhance, or evaluate Gi izcn Corps related Y Y Y Y -.Y X 'Y Y Y Y Y 'Jt volunteer programs Y Y Y Y X Y Y Y Y y. Hiring of full- or pert.time staffor coatrattlconsultants - to assist with Planning activities (not for the ptttpose of - hiring public safety Pcnonnal fulfilling traditional ' public safety duties) Y Y Y Y X V Y Y X Y Y Conferences to facilitate planning activities - Matsrialsrequired to conduct planning activities y' Y Y Y X Y Y y y Y' TreveVper diem related to planning activifies ' 'Y ~ Y Y Y Y. y y t~vertime end bsckfill costs (IAW operational Cost y Y Y Y Y Y Y y y y Y Y Guidance) Y Y Y Y Y Y Y ~ y tither project areas with prior approval from G&T Y X Y Y ;X Y y X Y, Y. Y Qvertlirie for information, invcstigatlve, and ' intelligci?ce sharing activities (upto 25 percent oi'tha allocation) Y Y Reimbursement for select operational eltpcnsrs associated with increased securhy measuras at eriacal _ infrastruqure site; incurt>zd during periods of DFCS- Y Y y declated Cade Orange Hiring of full- part-time stali'or oontrectoi's-for enxrgency management acHvitics - Y Y Y Fliring of contractors/consultants for pafticipation in informatloMntelligense analysts and sharing groups or fusion c~entar activities (limited to 2S pertetit of the Y Y ailocaGon); D~1 Personat Protektivc Equipment ' X y' Y Y Y Y: Y Y ~Y• lrxplosiva I)mvicc Mitigation and RemediatiorS Equipment Y~ Y Y~ Y. Y Y Y CBRNE Operational Search and Rescue Equipment YYY'Y. YYYY•X Informatlan Technology Y Y Y' Y Y ~ Y Y Y 'Y Cyber Security Enhancement ui ment Eq Y Y~ X Y:: -Y Y Y Y Y Y lnteroperable Communications Equipment :y y y: y' Y Y .Y y y Y Detection Equipment Y Y Y. Y Y Y Y Y Y y Decontamination Equipment Y Y Y Y Y Y: Y Y y° irvledicai Supplies and Limited Phtumaceuticals Y Y Y Y Y Y Y Y Y Y Power Egwpment Y Y Y. 'Y Y .Y y y Y CBRNE Reference Matoriats Y Y Y Y Y~ •Y Y Y. Y Y Y. Y . CBRNE Incident Response Vehicles Y Y Y Y Y Y .Y Y Terrorism]peident;PreventionEquipment Y Y Y Y y y y y Physical ecurity ~hancemcnt Equipment y y y y y y Y Y Inspection and Screening Systems _ 'Y Y Y Y y . Agriculture Terrorism Prevention, Response and.' Mitigation Equipment ~ .Y Y ' C6RNl~ Response V?atercraft Y Y Y CBRNE Aviation Equipment - Y Y Y, Y y _ CBRNE Logistical Su on Equipment Y~ Y Y Y Y Y Y Y Y Intervention Equipment Y y .Y Y' Y Y Other Authorized Equipment X Y• y Y.. Y Y Y Y .Y Y Y Ovetttnrie and backiifl`for etFtergency preparcdnC~S and rospQnsa per;ohnel attending-G&T-sponsored and X Y Y ~f Y Y Y Y Y y ved-tralnin das_ Overtime and backfill expenses for part-firoe and vt)lunteer emergency rtsponso personttelparticip8ting ''Y 7;' • Y .y ` Y Y• Y Y; 9t In.Q&T trainin Training workshops and conftrgnces _ Y x Y- Y ~'Y Y . ~X :Y Y 'Y Full- orpart-time staff or contractors/can5ultants, Y• Y Y:. =Y Y Y •Y• Y Y Y 'Y .X Y ' 'ravel y Y .y Y Y Y X` Y Y Y Y y X Sup lies Y` Y Y Y Y 'Y Y Y•.X .y Y Y Other items Y Y Y X .Y 'Y Y Y :Y D-2 • t Exercise'planningworkshop Y~'Y Y' Y _Y Y Y.. Y y Fuli• or part-time staff or cbntractors/consuts Y Y ,Y~ -Y Y, •Y ~ , ~ Y Oyertittre and backfdl costs including expenses for part time and volunteer emergency response personnel a'. Y Y Y 'lt= Y.. Y .y participating in G&T exercises Travel Y Y Y~ Y, Y Y Supplies Y X Y Y :Y Y Y. ,y Other items Y' Y Y..;X Y Y Y Y luring of fltll-~ part-tirite staffor ' . , , c;omraccors/consultants to assist with the managentenE . afHSGP, implementation of State 1f~omelanQ Security Y Y~ 'Y Y Y Y Y Y Strategy, application rerptlrements, carnPlianee With re rtin and data collection r u~ementa Dcvclo merit of 0 • . P pereting plans for tnformatiott ~ collection and processing necessary to: respond to D&T Y Y Y ,Y Y Y Y Y Y` Data "calla pvertimo and bacltfitl costs _ Y_ X Y Y Y. Travel Y Y Y> X Y Y Y Y , Mceting related expenses Y X Y Y Y .Y Y. Y Y Authocizcd office ai Y ~ - ~ went ~ Y Y• Y X Y Y Y Y Y Y Rexutring cxpenspsauch as those associated with cat! phones anti faxes during the period of Qerforntance of Y y X Y Y Y X 7i' the Giant Pro rani • Leasiiig or tenting of space For newly hired petsonnta Burin the. iodof orma ce of the Grant_Pro am Y Y Y Y Y. d-3 . , Costs outlined in the following table at+e NOT allowed unless designated by a Those - designated by a """ace only allowable in a limited capacity.. Check the specific program $uidanc~ fqr detailed information. General use software, computers andaclatcd equipment, vehicles, licensing fees ~ ~ * :;x Weapons,end Ammunition Construction and Renovation t (ONprLaYrf~Utiaited renovation isalioweble in.highlighted y1F- • * ,~a * - programs) ~ !r -y 1r1 r Hiring of public safety personnel for'tFie purpose of fuititiing traditional public safety duties * ' * ir' Activltie3 unrelated to the cotnplation and . implementation of HSCP -;.ak' * , , Other items not in accordance with 1hmAEL or - - previously listed ellawablc costs * ; ~e 3 t 1 I ~ I~XHI~IT H AUTHARIZE~ TRAININt~ . + FY 3006 HOMELAND sECUR[7YGRANT iRU()RAM-DECEMBER 2,2005 - • C.4. T- ram F~ 3906 UASI fumds may bw ased to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training.related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academieslinstitutions, universities, or junior colleges, Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery -from natural, technical; or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated an the Goal, Examples of such programs inoludc but-arc not limited to C13RNB terrorism, critical int}astructure protection, cyber secuuity, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G&T-sponsored and approved icaining courses. UASI funding may also be-used for training citizens in awareness, prevention, protection, response, recovery. skills PREPAREDNESS DiRBC7'ORAIE'$.OFFtCB OF 4ilEAN'rSAI~S 7'RA1l~Ik~7a , .84 ExHiBlr I AUTHORIZED EXERCISE: FY 2008 HUMQLAND SECi1RI7Y QRANf PRUORAh1- DECBMB4t 3, 2005 C.S. E_ rcises AU Urban Areas-are required to develop a Muhi-year Exercise Plan and submit it to G&T on an annual basis. While Urban Area specifc, this-plan must tie into the iV(ulti:vear Exercise Plan developed by the State, and be in line with the Urban Area Homeland Security Strategy. Further, Urban Ares are encouraged to develop a Multi=year Plan and Schedule that takes into consideratpn antiei~ated training needs of the Urban Area for at least the immediate yoar, with exercises tieing timed to provide responders the vppott+mity. to utilize training received. T'hls combined schedule should;also ensure that training and exercises complement each other. An exarnpie ot`a combined Multi year Training and. Exercise flan can be found at the HSE$P Website or G&'1' Secure Portal, . Further guidance concerning EFWs can be found in the HS)~EP volumes. Urban-Areas are eligible to apply for exercise direct. support, but must do so incoordination with the SAA. YREYAREDN6SS DIItECTOgg7'E'S p}'~ICB Ux oRANTS AND TRAINING ~ ~5 EXHIBIT J AUTHORISED PLANNING FY 3006 NOMF:I.AND S3~RITY GRANT FROGRAM - DRCG~MDLR Z, X008 C. Aatharized Program Ezpenditures Allowable expenditures for the 1~712tmG UASI progr~in comport with FY 2006 SHSP (except for the use of funds for operational costs). Please refer to Appendix D foe a summary of authorized and unauthorized UASI expenditures. C.1. Pl n>n _ Urban Areas may use FY 2U(16=UASI funds for multi-discipline planning efforts to prioritize needs, update preparedness strategies, alloeat~ resources, and deliver preparedness programs. These efforts include the collodion and analysis of intelligence and information and the development of policies, plan, procedures, mutual aid agceetnents, strategies, and other publications that comply with relevant taws, regulations, and guidance necessary to perforin assigned missions and tasks. It is explicitly permissible to use planning funds to hire government and/or contractor personnel to conductplanning activities described here. Similar to SHSP, FY 2006 UASI funds may be used for a range of homeland security planning activities, such as • Developing and implementing homeland security support programs and adopting DHS national initiatives including-but not limited to the following; o Implementing-the National Preparedness Goal and Guidance. ' o Implementing and adopting N1MS. o Modifying existlng incident rnanagcmcnt and Emergency Operating Procedures (EDPsj to ensure proper aligmnent with the N[tP 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 #o 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. • Devclo~ing related terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or During mitigation and recoveryr. o Multi-discipline preparation across first responder immunity, including EMS for response to catastrophic events and eats: of terrorism. 0 1?ublic information/edueation: printed and. electronic materials, public service announcements, seminars/town Ball meetings, weti postings coordinated through iocai Citizen Corps Coancls. o Citizen Corps volunteer programs and other activities to strengthen citizen participation. PR81'AREUNESS DIRECTORATE'S oFfICE QF GRAN'r5 AND TRAINING 8l) FY 3006 ilOMG1.HND SF,CURiTY GRANT PROGRAM -,DECEMBER 2; 2005 o Conducting public education campaigns, including promoting individual,. family and business emergency preparedness; ptomoting the Ready campaign; and/or cresting Mate, regional or local emergency preparedness efTorts that build upon the Ready campaign. o Eva{uating Cll' security equipment and/or personnel requirements to protect and secure sites. o CIP cost assessments, including resoul+ces (financial, personnel, etc.) required for security "enhancementsldeployments. • Developing and enhancing plans and protocols, including but not limited to: o Developing or enhancing EOI's and operating procedures, o Developing terrorism preventionldeterrence 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 eyber security plats. o Developing or enhancing cyber risk mitigation plans. o Developing or enhancing agricuiture/food security risk mitigation, .r+sponse, and recovery. plans. _ o Developing publicfprivate sector partnership emergency response, assessment, andresource 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 N1t1S. o Developing or enhancing evacuation plans. a 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/securiry 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: PRE!!AREDNES5 plREC'rORATE'S OFFICEOFGRAN'PSRND TRAINING 81 EXHIBIT K AUTHORIZED ORGANIZATIONAL AlTNITIES ' FY 2006 IIOMR/1Np Sf?CURrrY GRANT PROGRAM - DECIiMDER 3003 C.~. r!Q8d12at10Q States and Urban Areas may use lY 2006 UASI funds to support select organization activities. Statesand 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 ~5 nercgn~ of the gross amount of " the allocation for this program.inay be used for operational expenses ar?d 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 Dl-1S-declared heightened alart. UAS><: Up to 25 percent of FY 2Q06 funds niay 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 1 S percent rosy be used for costs incurred only during Coda Orange. • Operational overtime costs incurred at National Special Security Events i;~ISS~s) 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 operationaloveriime expenses incurred by the State (up to a maximum of ~5 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 partttcrships. 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; disrugting,.and preventing acts of terrorism, costs eligible for reimbursement under this policy arc 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. W support select operational expenses associated with increased security. measures at critical infrastructure sites in the following authorized categories: • Baekfill and overtime expenses for staffing State or local emergency operations centers (Et7Cs) • Hiring of contracted security. for critical irtfeustructttre silos • Public safety overtime • National4uard deployments to protect ttriticat infrastructure sites, including all resources that are pact of the standard National Guard deployment package • !Harassed border security: activities in coordination with CBP as outlined iri Information Bulletin #13S.IS` Proposed openrtionak actevities should emphasise thaee measures will in¢rgse border security in direct ' ~ coordinatiofl with Cl3P personnel, State; local, and Trlbel law ent`orcentencpctaoonet.rnay provide increased enforcement pr,rsence by gendally increasing thew patrol presea~ alt the border; by providing atidit'wnal.iraffic PREPAREDNESS DIRECTORA'rE's OFFICEOF GRANTS ANDTRAINING $2 FY 20061~MELANQ Spd?ltA1TY GRANT PRQGRAM- DECP.MBER 2, 2ttD5 Consumable costs, such as fuel expenses, are not allowed except as part.of the standard National Guard deployment package. 3. Overtime costs are allowable for personnel io;participate in information, investigative, and intelligence sharing activities specifically related to hamefand security. This includes activities such as anti=terrorism task forces, Joint Terrorism Task Forces (JTTF}, Area Maritime Security Committees (as required by-the Maritime Transportation Security Acf of 2003), and Terrorism Early Warning (TEW) groups. 3. Grant funds maybe used towards the hiring of new staff and/or contractors fo serve as intelligence analysts w.support in1'ormation/intel(i$ence.fusion eapabllities. In order to be hired as an Intelligence Analyst, stafi'and/orcontractorpcrsonnel must have successfully completed, training to ensure baseline proficiency ift Intelligence analysis and production. furthermore, costs associated with hiring new intelligence analysts are allowable only for the period of perfomtattce of the~FY~200~ UASI rind LETPP programs. Upon close-out of the FY 3066 grants, States and Urban Areas shall be responsible for supporting the sustainment costs for those intelligence analysts, ' The. International Association of Law EnforcemeTrt Intelligence Analysts' (IALEIA) - Edueatonai Standard # (page 14 of the IAI,IIA Analytic Standards booklet) provides standards on the categories oftraining needed for inteltigence analysts. These include sub3ect~matter eatpertise, analytic methodologees, customer-service ethics; information handling and _pt+ocessing skills, critical thinking skills, computer literacy, and objectivity and intellectual honesty. -Successful completion-the following courses satisfies she intelligence analyst training requirements • Intelligence Analyst Training Program (FLETC). • Foundations.of Intelligence Analysis Training: (International Association of Law Enforcetnents'Intelligence Analysis).. Additional courses are being identified and wilt be. shared as soon as possible. A cerNflcate ojcompletion ajsuch lraining nt~st be on;Jtle with t>re SArI -and should be made available !o Preparedness Officers upon request upon the kiting of personnex . control su p4rt at the bordersnd at border patrol traffic check p points; and by enhancing their parti~ipatign.in.the Integrated Border gnforcement~ Team;. Thu.pol;cy does not resillt m s chan$c ar~extension of Federal authority to State, '1 ribal, of toes! Iew edforcemenE agencies to'enfol~ce 1Federsl immigration laws, if Federal imrnigtat'lon v[olations are enC4uittered, wnsistenl with current practices; State, local, and Tribal agenales may ret'er those violations t<i CBP authorities for appropitate action. No funds may be obligated or drawn down. in support of these activities without HQ-CBP approval of 9perationat plans and without st~bmiss'ion to and approval by G&T of budget detail worksheets. State, local, at+d'fribal law enfomemtnt agene{os shall rR~t nsa this ttmding to supplant.routine patrol and {aw alforeement operations or aaivities in order to pert`orni other activities not ~diractiy related to providing an enhanced-law cnforcemrnCpresence. FREPAREDNFSS DIRECT©RATE'S.OFFIGE OF GRANTS AND TRAINING $3 EXHIBIT L REIMBURSEMENT REQUEST FORM ~i7`Y ©F 1.QS AN(siri.,l<S ' UR~Ai`1 AI~~A SE~URI7Y 9ii1TiAT30l~ tsRAF~'7' . ~mirt~tbursert~ertY i~eque~t Farm Re#t?rn Reimbursement Requests toto: ~acnEt ?t:~te~, Corgi City: ^Aayctt's t?fiici; of HorrtefT~nd Security and Public Scfe#y 2001. Spring St., Room Zvi-i75A FZegUBSting Agertt'y: Lcs Angeles, CA 900t~ Phane:2i3.970.070'i 'f~eltYl#IUrS&El"tEt1iT~8riUtj: ,,,_,._...fU Fax 21s.978.0Tl8 racYiei.4~t~tGht~iiac~fi,{~orri Pra~er~d By: - Fht71~e i~Jo. UASi FY63 Pan ~ it JAFU'i t-Y;;~ G Piei;isct: marls fhis box to indiGaftr firsai UASI FY03 °arf.2 i',,. UASi FY05 i.int;: request far reirrbitrsei~tent ~'yp~ rf ~xpt~~di~ure Authaei'zecl revia~usl~ Ctarr~n~ ~urr~uf~#i~r~ ~~leftr~ ~`atal Atx;!otzrt~ 1:2eque~fi Rer~ueet €e~u~~~ E uipn~ent , _ ~ m _ . ^ . Exercise ' ~ , r Trei; iirt - _ ~ ~ ~'lanniil t A i{ = ~ir[`~~il7i IC~i 1 arift~Ti tiP.Jr 3; ~'i f.: Mafia ement &.A~imin ,,,w4. TJ?is reiT?~bursemertf bls~im is in a!J respe:•ts flue, correct, c?TtCt a!l a°Xp~'ndltJfBS '1?{~rS !?3'r7d~' ?n c'iCCDPG~tnCE` wJ#!? applicable laws, rules, reyulatians, end z~ran# candtJir7ns and sssuraraLes. In addition; this claln? is fir cQSt incurred within rile ~ranf P:?rformancA J'eriod. Also, all suopc~rtint~ dvcurrentatlan related #t~ tJ?ese ex~tenditares wJll be Tatained in aecordanaa wifh ~ranf ~uidelires. Authorized i3eparfinertt Approval: Please I'~errtit l~a~tnenf ta: Print game Name Titre; Address Ssgnr+:i~re date City State Zip Phone No. (c~xtensianj Fax fdn, Reference Na. f-Titan Address _ - ` . _ Tsi he'rr~rat~ileY.eii by 1~S?5 A~et~iariti i.ep~rfrrteltt . ~ ' RHS7(.7E5 Reimbursement RtiGusst By._ Trans.~ctian IU:._~..~____~ 62ta-._....__~... CHS/flc3 Reitribursomeni Received:~.,,,__ flash Receipt Ne-_~-__,.~ J1r No. T ransier to Lli:part Ilafe;__ J~ Nn.. EXHIBIT M RIJRCHA5ING t)ETA1L WORKSHEET FIRST SUPPLEMENTAL TO AGREEMENT NUMBER CC-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-1,~,131Q1 of City of Las 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 t °Contractor~). WITH)=SSETH 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 Gran# Funds; said Agreement effective August 2$, 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 seekto 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 O6 Grant Funds, for_certain services as described in Section 202.A of the . Agreement; and WHEREAS, there was a tecfinical 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 Cade Section 14.8; and WHEREAS, the City and Contractor seek to supplement the Agreement to (a) add. Two Hundred Twelve Thousand Nine I~lundred Two Dollars ($213,902] for a-new total of $47`1,482; {b) extend the Time of Performance and (c) make such other changes as are required in connection with the foregoing., afl as detailed elsewhere in this Agreeme- nt. - First Supplemental Agreement 1 7108 City of Los Angeles & City of Vernon UASI 06 , NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Contract No. C-113101 is attached hereto as F~xhibit 1 and. incorporated herein by this reference. The terms and conditions of said Contract shall be the terms and conditions of-this Supplemental Agreement, except as expressly modified herein. 2. Section 201, Time of Performance, is deleted and replaced by revised Section 201, Time of Performance: The term of this Agreement shall commence on August 2$, 2006, and end as follows: training, as specked in this Agreement, must be completed by September 30, 2408- 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 plusany additional .period of time as is required to complete the close ou# 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 subjec# 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 $213,902 that were prnitted from. the Original Agreement due to a technical error. 4. Except as herein.amended, all terms and conditions of the Agreement shall remain in full force-and effect. 5. This Agreement may be executed in one or more counterparts,. each of which will be deemed an original,. but all of which together will constitute one and the same instrument. This Agreement includes three (3) pages which constitute the entire under$tanding -and agreement of the parties. First Supplemental Agreement 2 7/08 City of Los Angeles & Gity of Vernon UASI 06 , IN WITNESS WHEREOF, the City and City of Vernon. have caused this A reement to be executed b _their dul. authorized re resentatives. - . APPROVED AS TO FORM AND For: -THE CITY OF LOS ANGELS LEGALITY: ROCKARD J. DELGADIL.LO, City ANTONIO ILLARAIGO$A, Attorney Mayor B B _ y - _ . Deputy City Attorney Ant nio R. Villaraigosa, Mayor Homeland Security and .Date- _ Public Safety, Mayor'S Office -Date AU614 2008 ATTEST: Karen E. Kalfayan, City Clerk sy Deputy City Clerk Date _~2 APPROVED AS TO FORM: For: City of Vernon, a municipal corporation By _ Y Je ©H rison _ B - Le is C. Malbu g, Ma or ®ate _ _'7 ~ . _ 410 g Date ATTEST: - c By ; Git~ Clerk Man ~aa Glron Date- - - r " City business License Number. Iniemal Revenue Service IQ Number. Council File/OARS (rile Nu er Date of Approval - Said Agreemsnf is Nurrtber p. _ of City Contracts First Supplemental Agreement' 3 7/08 City of Los Angeles & City of Vernon UASL 06 - I r f ~ ~ ~ ik ~ k ~ ~,g ~ ~ ~ ~:~I ~ 9 ~ ~ r ~ _ ~ I i ~ ~ ~ ~ r w~' ~ jet J,~ "ii; t r~ ~ ~ 7 ~ _ - y 7 ~ ~~"cis i ' 4305 Santa >~e Avenue, Vernon, California 90058 ~ ~ Telephone (323) 583-8811 May 12, 2009 I Arif Alikhan, Deputy Mayor Office of the Mayor, Homeland Security and Public Safety City of Los Angeles 200 N. Spring Street, Room 303 Los Angeles, CA 90012 Re':: Second Supplemental Agreement to .Agreement Number C-113101 - Use of 2006 Urban Areas Security Initiative Grant Funds Dear Mr. Alikhan: Transmitted herewith are two partially executed second supplemental agreements, as referenced above, approved by City Council on May 11, 2009, through Resolution No. 9953. Please return_gne fully executed original supplemental agreement to the undersigned. If you have., any questions regarding this matter, please call F''ire Chief .Mark•Whitworth, at (323) 583-8811 ext. 280. Very truly yours, f ~ e_~ly G~r~~:n City. Clerk NG c: dj c: Mark Whitworth Sharon Duckworth Resolution'.No. 9953 Agreement File No. 09-076 F~cCusiveCy TndustriaC ' SECOND SUPPLEMENTAL TO AGREEMENT NUMBER C-113101 OF - CITY OF LOS ANGELES.GONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SECOND SUPPLEMENTAL ("Second Supplemental") to Agreement Number C-113101 of the City of Las 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 end the City of Vernon have entered into fihat certain Agreement Number C-113101 of City of .Los Angeles Contract (hereinafter "Agreement")wherein the City of Vernon shall provide certain services and the City shall .pay for them using grant funds from the Urban Area Security Initiative - for year 2006 ("UASI 06"), said Agreement having a term of August 28, -2006. through March 31, 2008, the execution of such Agreement being authorized by the Los Angeles City Council (C.F. # 07-0582) and .WHEREAS, on or about Decemberl0, 2008, the California.Governor's Office of Homeland Security extended the subgrantee performance period forthe UASI 06 grant from March 31, 2008 to September 30,2009; and 'WHEREAS, Section 505 of the Agreement provides-for amendments to the Agreement; and. WHEREAS, on or about August 22, 2008, a First Supplemental Agreement to the Agreement .(the "First Supplemental") was. executed by the-City and Contractor to (a) extend the original pertormance period term of certain budget line item projects to be completed pursuant to the Agreement and (b) correct certain technical errors regarding budgef allocations fo'r the Agreement, such action taken pursuant to authorization provided. under Section 14.8 of the Los.Angeles Administrative Code; and- WHEREAS, -the Office.'of the Mayor, .Office of Homeland Security .and- ' Public Safety ("Mayor's. Office"), which has been designated by the City to administer the Agreement and the project contemplated therein, 'desires to .further amend or modify the Agreement and the First- Supplemental for the purpose of extending the time of performance of all budget line. item projects to be completed pursuant to the Agreement to March 31, 2009 pursuant to .authorization provided under Section 14.8(a) of the Los Angeles Administrative Code; and Second Supplemental, UASI'06 1 12/08 City of Los Angeles & City of Vernon WHEREAS, the City and -the City of Vernon are desirous of entering into this Second SupplementaF for the purpose of amending or modifying the Agreement and_the First Supplemental as authorized by Section 14.8 of the. Los Angeles Administrative .Code which authorizes the City to prepare and execute an Amendment to the Agreement for the purpose of (a) extending the .time of performance for Agreement Number C-113101 of City of Los Angeles Contract and the related First Supplemental to March 31; 2009 as more fully set forth below; and {b) .making such other changes as are required in connection with the foregoing, all as detailed elsewhere in this Agreement; and 1NHEREAS, this Second Supplemental is necessary and proper- to continue and/or complete certain activities. authorized under the Agreement and .the First Supplemental. ...NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. The Agreement and the First Supplemental, both of which are- attachedhereto as Exhibit 1, are revived by this Second Supplemental and ..incorporated herein by this reference. The terms and conditions of said ' Agreement and-First Supplemental shall be the terms and conditions of this Second Supplemental, except as expressly modified herein. 2. Term: The performance period term of this Second Supplemental .shall be as follows: (a) For training: The performance period shall be from October 1, 2008 to March 31, 2009. -Such term modifies the. term of the Agreement and First Supplemental which was originally from August 28, 2006 to March 31, 2008, and subsequently extend to September 30, 2008 by the First Supplemental. (b) For purchase and distribution: The performance period shall be .from November 29., 2008 to March 31, 2009.. Such term modifies the term of the Agreement and First Supplemental which was originally from August 28, 2006 to March 31, 2008, and subsequently extend to November 28, 2008 by the First ' . Supplemental. (c) For all other budget line item projects to be completed- pursuant to the Agreement and Firsf.Supplemental, the performance period shall be from March ;31,- 2008 to March 31, 2009. Such term modifies the term of the Agreement .which was originally from August 28, 2006 to March 31, 2008. 3. Except as herein amended or modified, a!I terms and conditions of the Agreement and the First Supplemental shall remain unchanged and in full- ~ ~ . force and effect by way of this Second Supplemental. 4. Ratification Clause: Due to the need for the Contractor's services to be provided .continuously on an ongoing basis, Contractor-may have provided Second Supplemental, UASI '06 2 ~ 12~og City of. Los Angeles & City of Vernon i services prior to.the:execution of this Second Supplemental To the extent that said services were performed in accordance with the terms and conditions of this -First Supplemental, those services are hereby ratified. . , S, This Second Supplemental may be executed in one or mare counterparts, each of which will be deemed an original, but all of which together will constitute one and the same ins#rument. This Second Supplemental includes four (4) pages and one (1) Exhibit which- constitute the entire understanding and agreement of the parties. Second Supplemental, UASI '06 3 ~Z~pg City of Los Angeles & City of Vernon 1N WITNESS WHEREOF, the City and the City of Vernon have caused this Second Supplemental to be executed by their duly authorized representatives. APPROVED AS TO FORM: THE CITY OF LOS A NGELES, a municipal corporation ROCKARD J. DELGADILLO, City Attorney ANTONIO R. VILLARAIGOSA, Mayor By Deputy City Attorney BY Date Antonio R. Villaraigosa, Mayor Homeland Security and _ = Public Safety, Mayor's Office ATTEST: KAREN E. KALFAYAN, City Clerk Date I 1 i ~ 3 BY Deputy City Clerk f Date = r APPROVED ASTO FORM: THE CITY OF VERNON a municipal corporation _rl - c By _ . Date ~~?`~o Date /'z-. ~ ~ ~ ATTEST: - , gy .Clerk Date v I _ ~ - , City Business License Number: Internal Revenue Service ID Number: _ ~ Council File/OARS File Number: Date of Approval Said Agreement is Number of City Contracts .Second Supplemental, UASI '06 4 12/08 City of Los Angeles, & City of Vernon EXHIBIT 1 ~ r is . gib. A, ~3~EM~AtT' Contraet~r:. City of Vemon City. Confrect Number ~ ~ ~ ~ ~ r - 1 i ~ , ' i J i i. . TA~QF .~?N_TI. TS 5 . ~ t~,n Des,j t r p I INT , D~~~~T~ . . §:101. Parties to the Agreement - g §142. F~epres8ntatives of.t~e Parties and service of Notices . X103. Independent Party ~ ~ ~ ~1 d4. Conditions I?recedent to Execution of this Ag~sement ~ 8 II . ~'ERf~ AMD ~EF~~~rT~.,~~ P 4a/IDID §201. Time of i?erforrnance 7 §202. Use of Grant ~uncis ~ §203. This. Section is Left Intentionally Blank 7 .Ill ;PB,~N:t ~ §301. Payment of grant Funds and Method of Payment ~ p IV ~~~D_:qF D,,,~',,~QVi3,lf §401. Construction of Provisions and Titles Herein 11 §402. Applivable Law, trltefpretation and Enforcement 11 §40~. Interrated Agreament 11 ~#0~. Excusable 13alays ~ 1 Q~. Breach- 12 Prohibition Against Assignment or Qelegatfon 12 §447. Rennits ~ ~ 12 §~L48. Nqn l~Iscr-irraination and Affirma~v~t Action 12 §~Q9. ~.as Angeles Cify Business Tax Registration Certificate 13 . . UA~I (~B Gov't FSA? . i 5107 Vmrnon TAB;L~,~F;Cl;3N~,Ts Section I~.escrloi~ion ~ ~ I §410. Bends 13 §491. Indemnifieation 13 §412. Conflict of It~tereet 14 §4:13. Inswr~nce_('i'his Section is Left intentionally blank) 15 x'14. Re$tric#ior~ on Di~olasufes ~ ~ :15 X415. Statutes ar~d Regulatinris Applicable to AlI Grant Contracts 15 X78. t'ederal~ State, er~d.Local Taxes X417. Invgntlons, Patente and copyrights 23 X448. famed Income 'fax er-edit 25 §499. ~qw~l I~~ilefits Ordin~nc~: ~ 25 §!420. Contravtdr Respon~ibllity Ordinance §4~1. Slavery 17i~~losur~ i~rdin~rce §422. Child Support~Assigrtment Orders 25 . §423. i1A6~/WBE V . F' - U IJSI~ : T A.. N - ND AN'Y'. §5'09. Defaults 26 §502. Thi$ Section is Left intentionally Blank 26 §503. This SeCtiort~is-Left Intentionally Blank 26 §5Q4. This Section is Left lntentic~nally >k~tar~k 26 • • ~ §505. Amendments 26 VI ~NTI1~~A~R , ~ Mf=NT §801. Complete Aga'e®raent ~ ~ ~ 2~ §602. Number ofi Pages and Attachments ~7 . ~acecution (~rignature) Page 28 UA3106 GoWf ~'$A ~ ~i X10 •V®nion . ' F,~chibit A Insuranee (Not ~ppliceble to this A9resrnent) F~xhibit.B Certification Regarding Debarment, suspension, ineligibility and Voluntary Exclusion L~ow+er Tier Cpvtr~d Transactions Exhibit .C Certification Regar-ding Lobbying Exhibit D This Section is Left intentionally Blank Exhibit E Cant Assurances . Exhibit ~ Egt~ipr~ent Ledger . fichibit t~ l~llowalile Chas#~ Matrix ' Exhibit H Authorized 'gaining Exhibit I Authpri~ed Exerci~~s Exhibit J Authorized. Planning ~xhibtt K Aiathprized C~rgani~ationai Activlties~ FTxhibit L RelrnbursemEnt Request Farm Exhitait M ~ ~ Purdhasing De't~ii Worksheet i UAS106 Qgv't PEA ~ ~ Vernon ~ iii . ~lo~ AGR~~MINT NUMBER 4F CITY C©NTRACTS • • THE C1TY Op I.QS ANGELES AND 7'WE Ct'f`Y~C~F V~RNt~N ' • THIS AGI3EEMEN'f is made and entered into by end between the City of Lqs Angeles, a municipal corporation (the "City.,'), and City of Vem~n, a municipal corporation (the "City s~f Vemon" or "Contraet~r"). • • 1~Yl~~l~~~I~ • WM~RF,-A~, the U.~ Department of Homeland Security ("pHS" or "Grantor"), through the Gffice of ~r~ants and Training (C$fi), has provided finanaal assistance dirdctijr to select~:d.jurrsdicttr~ns through the Fiscal Year.(~Y) 2t~R6 Wrl~an Areas Security . Initiative.("UAS.I Q6"); anal tNHEF~IrAS, this fiinaneial assistance is administered by the City of Los Angeles and is ovet~aen by the California l7ffice of Homeland SeoWrity (OHS); antl • WHERI*A?S, this tinartcial assistance is being provided to address tha uhique equipment,. tra~nin~, planning, and exerase needs of large urban arias, and to assist therfi in building an enhanced and sustainable capaGtty tQ prevent; respond to, and' ' recover from threats or acts of terrorism; and WHERI=AS, the tros Angeles/Long Beach Urban Area ("L,A~I;BUA")consists of the Ci#y of Los Angeles, =fife .City of Long $eaoh, the unincorporated area of the Cotirlty • of Los Angeles, end 27 p~r~icipating jurisdicticans, including City of Vernon); and, WMEt~EAS, the. C:&T awarded a VA~3106 Grant of $f4;448,00t) ("rant Funds") t© the City of Las. Angeles, as a Core City, f©r usa in the t~A/LBtJA; and WHEREAS, the City has designated the C)ffioe•of the Mayor, G)ffice of Harneland Security and Public Safety ("May©r's Office") to provide for #errorism preventron and emergency pr~parsdne~s; and . ~ . WHEREAS, the Mayor's CJffice• now wishes~to distribute UASI Ot; Grant Funds throughout t1iQ LA/LB•UA, as furthier dQtailed in this Agreement ("Agreem®nt") to ~ity,of - V®mpn and others WWi~REAS; the City and Clly crf Vernon are desirous of executing tfii$ ,Agreement a~ authorized by the City Council Arid the Meyar (refer to .twounoil ails . Number 07•Q5$~) which authorizes the City to prepare and execute the. Agreern8nt. NSW; ~'kIEREf~QR~, the pity of Los Angeles and Gtfiy of Vernon agree as follows: ~ , WASi-Gov't PsA 5/0~` . I . ~ ~J~t~ODl1CTLON §901 Parties ta.fhe Agreement • The partios to this Agreement are: • A. The Cfty,. a municipal corporation, having. its. principal office a# 200 North Spring street, L~oS Angelus, ~alifomia 9~t312; and B• City of Vernon; a rnun~pal corporation, Having its prinapal office at 4345 Santa. F~: Avenue, Vernon, GA 9U058 §102. ReQr~,~Qta~~~.4ft~he R~~ i~~~_°f~ , A, The repre$entstives of the respeotiv~ p?artie~ who ate authoii~ed. to administer this Agreement find #o wham~tormal notices, demands and communications shah be given are as follows: . 1. The representative of-the City of Los Angeles shall be, unless atherwiso std#ed irx the Agreerr~eMt: . Arif Alil~han, Qeputy Mayor -Office of the Mayor Homeiartd Sodarity and I'~ublic Safety QUO ~ spring Street; Room -303 l.os A~ngele~, !~A 90012 • Phone: {213) 9fi8-0687 Fax:. {213) 9~$-QT18 Arif.Alikhari~la.~ity.org 2. The representative of City of Vemon shall 6e: Manusle Giron, City Clerk 4305 Santa Fe Avenue ' Vemorr, CA 90058 ~ . Phonic {323).553:-8$11 l=aic: {323) t3~Ci-143$ ngUdn~ci,vemon'.ca,us with a copy. tn: u~sl t~o~rt PsA ~o David Lazar, .t~ra#taliGn Chief Veman Icire Glepartment 33'75 Iruitland Ave Vernon; CA $Q058 Phpne: (3~~) 583.4821, ext .~12 Fax: (3~3) 583-!3495 dla~r(~ci.verrjon.ca~us ~B: ~on~al r~ot~ees, demer~ds and communica#i0ns tcz be given hereunder by either party'shall b~ rnade'in writing and may be effected by porsonal delivery or by registered qr certified mail, pci~t~ge prepaid, return receip#-requested and.shall be deemed ~mrnunicated as of tfie date of msilirrg. C. If ttte nan~e.of the person designated to ceOeive the notirea, demands or comrrrur~ic~tions dr the address of such person is changed, written notice shad ' be given. in.a~oar~i ~tl~ this section, within five (5) business: days wf saki change. §10~: irrderaenden#F~erty . ~ity`of Vernon is acting hereunder as an-in~apenderat party, and. not as an ag~n# or en7piOyee 4f thy: City of Les Angeles. Nc~ employee of City crf Vernon, is; or shall be an employee of the City of tsos Angeles by virtue of this Agreement, and City of Vernon shall sty ~inf~irm esch employee-4rgarlixatron and each dmployae who i5 hired or retained under thi$ Agre$rnen#. City of Vernon shell not represent' or otherwise hold ~aut its~lfi or any of its directrrS, officers, . partners,. employees, yr agents to bean agen# yr employee. of -the pity of Li~~ Angeles. 104. C n s i? - d nt _ : t' .n of.. i A t .e ; e : . City of Vernvra shall prov. ide c~pi~s of then following documents to the City of Los Angeles, unless: Otherwise exempted. A. This ~ectiori is left in#entionaily blank B. Certifica#ions Regarding Ineligibility, S~ispen~ivn end t~aberment es r~quir~d by l xecutirr~ (~rd~r 1 ~9 in accordance with ~ectipn 415, o'f this. Agr~emen~ and. attavh®d hereto as exhibit ~ arrd made a pr~r# hereof. C. Certifications-.arid t~is~loswres ~iegarding I~abbying in acccrrla~nc with ~ecti0n 41~~.t~ of this Agreement ®nd atteched hereto as exhibit C and rrtade ~ part- - hereof. City pf Verrnon shell alse.?? file. a QisclQSUre porm at the end Af each caleruiar quarter in whit-h there occurs ar~y event regrririr~g disclosure or which materially effect tFre acxura,cy of the inftirnl~ition c~n#ained in any ~nisclosure rLc~rm presviOUSiy fil®d by City cif Vernon. . UASI ©ov'E FSA 3/0~ • i ~ II TERM ~.~Q ,,~~VIC , S T4 B~ PRCV,~QI D - §20i. Time, f,Rbrfmrmance - . 'rho tend:af thinAgree~a~t-chap commer~oe Qn~August 28,2006 and end on . March 31; 2Q013, or upon the final disbursement of all of the GrantAmount (as . ~ defiined m .~ecliQn ~p1) and: any ~additicanal~ period of time as is required tc complete. arty ne~e_s~ary,close out sctlvities: Said term is subjeet tc~ the provisions herein: - §202. Use;of Grant ends _ A Vernon apd tl~e-City Move prevlou$ly completed a mutua)ly approued Budg~tlcp~dlture Flan, hQreinafter "Budgets" the budget contains datailed listings of items #or expenditure under the terms afthin Agreement; whivh is . mcc~rpor~t~d herein by this rQference: Any cequ~st ~y Vemon tct modifiy the Budget must be' made. in wn'ting and must b~ apprgved, in yirriting by the City . during the t~rrn of this.Agrsement t~. City of Vernon sha8 provide any rep~oets requested fay the City r~arding . performance: af.tFia Agreement; Reports shall be'in the farm r~eques#ed by the City, .and shall be provided in a timely manlier. C. Any equipment a,aqu~red pursuant to this Agreement Shall be euthori~ed in http:/lwww:rkb.niipt.~?rg and Appendix D, Allowable Cost Matrlx, to fife FY. 2006 Homeland Security Grant Program, Program Guidance and Application Kit, incorporated by reference,:and attached hereto as ~xhiblt C.. City:of Vernon shaA provide the: City a- oppy of its mast current procearernent guidelines and follow its own procurement~requirements as long as they meet, the minimum federal requiren7e~nts. Federal procurement requirements for the UASI (i6 Grant can be fotand at OMB Circular A-102,-'Title 28 C ~.Fi: Inert 66.36, and Office of G&T financial wide, . Any equipment acquired or.obtained with gent i"unds i . Will be made available. under the California l~i~ster and Civll. 4~efense Master Mt~tuel Aid Agreem®nt in c,onswitatign with.represgntetives of the various fire, emergencry medical, hezardAUS rinaterials respansts services,. .and-law enfor<:emQnt agencie. a within the ju~sdi~otien of the appii~nt~ . 2. Is ccrnS+stent with needs as identified in the State Morneland ~eeuriry 3trateg~i and will be deployed in cc~nforman with that plan; 3. lllliti be med~ tijreilahle pursuant to .appNrat3f4: terms 4f the Cal'rfomia [~~saster and Civi(t~efense Master ~Autwal Aii.AgreQment end deployed with personnel trained in the use of such equipment in a manner II UA$f C~av't PSA ~ 5/0'~ i - ~ - 1 - - - f - ~ - . ctmsistent with the California Law Enfttresment Mutual .i~id Plan or the ' California l=ire ~•ervi~ceS ar7d I~esoue MutWa1 Aid plan. . ~quiprnent acquired pu~uant to, this Agreement shall tae subject to ~tht requirements of'I`die 2i~, C.F.R. f6 32. B6.~~ and t3ffice of ~&fi ~inandal Quide.. : . For the purposes of this subsection, "~quipr~ent" is defined as nonexpendable. . property that' is not consumed yr dtaes Icise'its identity fay being incorporated into another item of equipment; which costs ~~3,DQ0 or rrtc~re per unit, ~a~ is exp®cted to .have a usaftai life Qf or'te (9) year or marg. lterris restittig less than $5,t~00, but faiNng :into the f©Ilr~vu~ng +categories ark also eonsideretl equipment: (1) . electronics camrnunications equipment for stationary or vehicutar use; including cellular telephones acquir~at by lease or ptarehasQ, and .elQCtronto office . equipment, including fat~tmile machines, Copier, electrtC typewriters, persc~nel computers (rr~onttors and Cl~t:?'s),.terminals and pc+rtters, ~~uipmer~t shall tie us~i.by pity of Vernon in #fi~e prt~gi~am. or projieaffor which it was. ~c~hir~cf as long at3 rteerded, whether or nbt the prejept- or °prQgrarn c~ntinWes to be supported by ~ederai funds: V1Then no k~r~gt°r needed fog tYte original program pt' project, the.~quipmt~nt meY be used in • other.aCtivlties Cuirently or pr~eviciusljrsupparted ~y a ~eder'at agency. 2. City of Vemon~.Stjall make equipment avaitabie f©r use on other projects or programs faun`aritiy or previously suppprted~by the federal ~oventrler~t, providing such use will not Interfere with the work on the pro~eot5 or program for which it was originally aaqulred. f=irst pr®ferenoe for other use shalt be given to.other.programs or projects ~u~pdrted by the awarding agency. ' . 3. A.ledger. attac~heo hereto as exhibit shall ba mairltainad fear each.item ©f ~q~ipmeritac~uired for the progmm~ rtt~is record must tai updated biannually and forwarded to the City. The ree~ord shall tndude: ,(aj dasaripbon of the item of t~qui~ment, (b) manufacturer's model Arid aerial nurnbtgr, (o) f=ederal Mock nember, rtsitior~el s#eck nwmtaer, or other . id®ntittc~ation number; (d) the source of aaquisititan-of the quiprnent, including the award numtaer, (e) date. ctif acquisition; (f1 the, per unit . . acquisition cost of the Lquipmdnt, (g) records showing rtiaintenance . procedures to keep the equipment in good rynning order, and. (h) location and s~t~diticih of ~qulprr~ent. ~ke~rde must be retairYecl ~i~rsuerit to 28 . C l".F~: ~I~srt 66~4~, artd fJftce of ~~i~`.. • 4. All pquipra~ent obtained under this Agreement.shall have.ari'L.A/L,~UA identificaLQn decal mixed tty it, arid, when pTeotic~l, shah be afl~nced where ' it is r~dily visibly. 5. A physltral tnveritory of the Lquipmei~t shall be taken and ttie results rtioiled with ttie equipment recxards st leastt ones every Year cr prior to any UA~t, St~ita or fyeiterel monster visits; UAS1 ~o~'t PEA 51©7 D, A?ny training paid pursuant to ibis Agreement shall conform to the guidelines as . listed m FjY 2008 Homeland Seamty Grant Program, Pn~gram Gu>dance end Application. Klt,. paga t34 (atteCh~d as ~achibit ht) ahd must ba pryauthorized by . ' pM~ at h#tpaJ/wuvwr~alguard.~a.gov/cajs~hs/nonslgcpf~orm.htm. A catalogue. of Grants~r approved and. saorisored training courses is avallaf~le at http:Ilwiww:ojp.usdoJ gavfodp/training.htm~. ~ ~ ~ Any exercise pa(d pursuan# to this Agreement shalhc~nform tQ the guidelines as listed in ~Y 206 Hc~melarld and security 4rantPragwarn,: Prr~grarrt C3uidanCe and Application IGt, pg 8~4 and 8~ (~ichibit i) [~etniled Ht~meland Security Exeoise . and evaluation I~rograrrt C3utdahce is ava~lat#le at http:Jfhseep,dh$.gov. F. Any planning paid.~purswant to this Agreerrieftt: shall conform ~tca the gufdefines as listed in ~Y ~UOP Momel~nd and. Seaurlty.~rant pr~ram; Program O;uidance and . Applii~tion I~it; pg '80 and 81 (~athibtt J). . G. Any 4rganiz~tionai activities paid pursuant to this Agreement shall conform to the guidelin~;s as listed in ~ 2006 ~Momeland ar~d Security (~r~nt Program, Program Cuidance.and Application Kit, pg 82 and 8~ (Cchitait 1<). §2~3. This Section is Left Intentionally Blank UAs i C3ov't I~SA i i ' ! . itl P~:M §3Uy. Pavm,,~t n~f „~~nt~.~~1~~51~,psl.~,~t-Mod cif p~v~p;,f A. The City of t~os Angele$ ehall pay to City of Verson the grant ainount;lwo Hundred FiftyM$even ~'hpusand I=ive Flundr~d eighty dgiiars ($~$7,$8Q) io be used for pi~rchas~ of equipment, planrtin~, e~c0rrises, organi~tional activities; and training as descf+ibed in ~ectiQn 2ga above, The grant Amount.represents the amount allocated to City of Vernvrt in tho (1$ tlA51 grant-award notice. B. ~ City of Vempn shall. Rrovide quarterly invoices tQ the pity requesting payment . and all su~p#rhrtg dQCUmer~tatinn dean reirnbw~er~ent request shall be . . accompanied qy the ~teirr~bursemertt ~oqueai: f~~imt. (atiaehed heretA as ~arhibit L}anti pur~hasir~g l5etail 1Alorksteet (attached here#c as Irichlblt M) de#aili?tg the experxiitures reeds by. pity of Vsrrwn ~sauthc~cid by°~e~ion ~Q~ above. For . . equipment for wtlich Vamon is,rtrquee#i~g reimbur~5amen#, all a~prop~a#~e back- . up doc~urner~te~on mint be attached to tfie r~ml~ureem~nt form, ir~duding tnvpides, ~prdof df payment and paGkirtg sups. f~or tfaining reimbure~ments, Vemc~r~ must-indwdc a campy of the Gasp roster~verifying#raintr~g attencYees, progf Chet are C~M~ trecittrig humberhas been aesigried`to~the course, and tirne~heets and payroll reg~stera for all irairling attendees: For regional prnJect reimbursements, Gity of Veman must include Approval frprri the lead ag®ncy #or all subtnltted invoices. G. Notwithstanding anything. tv the contraryr herein, City of Vemon may procure equipment thirough the "~~uipment Purchase Assistance Program,"~as more fully describedin "Fiscal Year 2006, Hgmsland ~ec~rity grant program, progcem . (3uideiines and Application Ki#, page 90. lJndcr this program, pity of Vemwn may select. ®qu- ipment from Fischer ~aentific, the Grantor will pay the Vendiar directly, and the dollar amount of § 301A of this Agreement shall be reduced by the.: . corr~spdMding amount. pity of Vemon shell notify file pity of Los AngelES thirty ' (30) days prior to using the, "~quipmenf Rurchase program,":and sha8 submit to . the pity of ~s Angeles a final report reoonciling the full amount of the . Agr~sern®nt, Min®ty (90) days. before the Agreement terminates. tJ. Payment of final involve shall be withheld by the i~ity of I.vs Angeles until the pity has dete~minsd that Glty of~Vemon has turned in all supporting documentation and completed the raquirsrnents of this Agreerrient. It is understood that the City makes ne cctnntiitment t4 fund -this Agr'edment beyond the_ terms set forth herean. F. This ~ec~lon is left.intentionally blank. ~ . Funding for all periods of this Agreement is subject to the caandnuing avallabili(y to the t ity :of federal funds for this prt~gran~... The Agreement n,~y be terntirtat®ci ' WASI 4ov't PEA ~/07` ` , ( ' . _ immediately upon written notice to City.of Version of a loss or reduction of federal grant fund~.1 . uASi nowt Psn ~ Croy i • I • IV • ~TANDARQ-•PE2UVl~hDNS .m' §401. Con,~tructign ot` Pravis(ons 1~~,~H~reir~ All titles or subtitles appearing herein have been inserted far' convenience arad shall not lie deemed to affect the meaning or eanstructlon of any of the terms or ' peovislons hereof: The language of this Agreement shall be const~ed acex~rdirig . to ifs fair meaning grad not strictly for or against either party. The word ~ Contractpr" herein and in any amendm~:nts hereto includes the party or parties identified in this Agreement. The singular shall include the plural.. ff there is. mare than one C~vrtitfiactor as identified herein, unless eXpressly stated otherwise, their obliga#idns and liebtlities hereunder shall be Joint and several. Use of the ' feminine, mesr~line, or neuter genders shall be deet~ed to induda the g®nders - riotused, §402. ApAtiofa~(g-Law Int~ror;~rl„~i,L,F~r~frnent Each party's p®rfonrance hereunder shatl comply with.all appllcable.laws of,the United Mates of America, the State of .Cali#oFnia, and the City:, This Agreement shall b+s enforced and interpreted under the laws of the State of Califiornia and the City.. If any pert, terfn ar provision of this Agreement shall be held void,. illegal, unenforceable, ar in conflict with any law of a federal, state or local gov~arnment having jurisdlotion over this Agreement, the validity of the remaining portions of ' provisi©ns shall not bt affected thereby. §~403.In~~~,,,A+~ree~erat This Agreement sets forth all of the rights and duties of this parties with resp®ct to the subject matter hereof, and replaces any and all previous agreements or .understandings, whether written or oral, relating~thereto. This Agreement maybe amended only as provided for.herein. • §404. ~xcusable.;D.elays . In the event that performance on the part of any party hereto shall lae delayQd or suspended ae a re~utt taf ciroumsta~nces beyond the reesonabie ~ontcol and without the fault and negligence of said party,.-none of the parties shali.inc~ur any liability tG the gtfter parties as a result Qf ~tCh delay or- suspension. Ciroums~nc~ deemed to be beyond the oQntrc~l of the parties hereunder shall include, dui npt t~ limited to, ac#s ©f. hod ar. of the public enemy; insurf~tiian; sets c?f tt~ federal t~vernment or any unit of State ar ~c~al aovemment in . either s+~vereign dr cchntraotwal bapacity; fires; fiQOCls; epidemics; quarantine UASI ~o~Y f'a5A r reatrictioris; .strikes, freight embargoes or d~aleys in tran'sportatian; to the extrnt #I~at they pare not caused ay the p~rty?s willful or.negligent acts ~or ornissit~ns and to this extent that they are beyond th® parts reasonable cwnfrol: §4Q5. eh except for exeusebie detays,.if arty party fails to perform, in whpfe or in part, any prorraise covenant, or'agrpement &et forth herein, or sf7ould any representation made by It-bc, untrue; ~any.aggrieved. party may avail itself~of ail rights..and. . remedial; at law or equity, in-the. equrts,af law Said rights and remedies.are cumulative of those provided for h°erein e~cccpt tha#~in no event,ahall ary party recpver mpr~ than once, suffer a,perislty or forfeiture, or be ur'tjustly ' cornpertsated: . §406., f''rQhi rtion Aaa~hst AssiarimeQ~r~' e(,t C1ty of Ver~aon may nQt, unless i# his first csbtained the written permission of the Gity: A. Assign pr otherwise alienate.any of its tights hereunder, including the .right to .payment; or B, delegate, subcon~act, or otherwise transfer any of its duties hereunder. §407. h,~ ermits • - Gity of Vernon and' its officers, agents and ®mpioyees shall obtain and maintain aif porrrrit~ .and lcc~naes nec~s~ary fwr Catjr of Vernon's performance hereunder and shall pay any. fees required therefore. City of 1/emon further certifies to inirhediately notify the t ity of any suspensiQn~ temrirtation, lapse&; non renewals or restrictions of licenses, certificates, or other documents. §408. I~o,~discri~,~io„ lj atL~ff.>~ata City Qf Vemon ~~hatl comply .with #h~ appli~eat~le nondi~Crimination and. affirrrrative action prYavisivns ofi the laws of the united Sta#cs of America, the State of . California, and pity. In performing this Agreement, City. of Verrtnn Shill not discriminate: In ita employment practices ogaii~st any employee etr applii~nt iar ®mRlgymer~t beoausp of such pemarti'e rae?e; religion, r~tiotral origin, arteestry, sex, sexual.Qrierttstiart; age, phy~cal~ handi~p,: mental disability, marital status, . ~ domecttc partner status ~oi-medical cctnditiQn. i ity cif V~mari shall oe?mply with. ~x~t~ative 4rder;91~~18, Entitled "~tlual 14m~sloyrrtent Qpportunity," as amended by Icecutlve (~rdar 11375; and ras supplemented in I~epartrnent of I;abdr . regulations (?~1 GFtlr dart fi0),.. City of Vernon shall comply with the {~rpvisic~ns of the ~.QS Angeles Administra#ive Coda Sections 1Q.tt thrt~ugh 1Q.1S,.to the extent appiir3able heretA. `If this. Agreement ccmtains a cansidrrrai#~on In exc-ess of >$~QO but, not rnpre than ~~;fJ00, uti~i nowt P;~A ~ro~ i r the equal employment practicces provisions of this Agreemernt shall be-the rnandatory.t~ntt~ct provisions set forth in tos Angeles Administ+'ative Code Section 10.8.x; in whloh:even# mid provrsc~ns ate ineorporat~cl herein•t~y tYtis reference. if this Agreement contains a consideration in excess of $5,OO.Q, the • Affirmative Aeon Program of .this Agreerrien# sftall. be the mandatory contreet provisions ~t forth in 4os.Angeles Administrative Cade Section 10..8.4; in.which event. said: prQVisic~trs are incorporated herein by this referende. pity of Vernon • shail.also cc~rrtply with. all rwles, regtalatipns, and policies of the Cit~r's hoard of Public•W.or'ks, Office of Contract Cornpli~ric@ rela#ing to nondisorir'nination and affirmative: ac~tiQn, incltading the filing of ail foi(ms required by City. If required; City of Vernon shall swbr~it an Equal ~rnployment~Opportunity Plan • (">*i«o~') to fife qOJ tqe of Eivil Rights ("QCR') in accordance with gt~ideiin~s listed at http:!/www.pjp.usdoj.govlvcr/eeop.htm, • Any s~tbcontract.entered into by the~Contractor relating to this ABreentent, to the extent allowed hereuntler, shall be subject to the provisions of this ~ 4[18. §409. ~+'t~~i~~±~Bu i_~ nest, Ts R~ea~stration Cp'~~~ Under the t®rrr~s~of this Agreemen#, the City's Husiness Tax prdinanoa (l~rticle 1, • Chapter 2, .~ei~t(ons 21.Ob and following, of the Los Angeles.. Muriioipal Cody) is .not appliCabl~. §410. Bonds. Duplicate copies of all bonds which may be required hereunder shalt conform to City requirErnerrts.established by.charter; ordinance or-policy and shall be filed with ~;e t~ffice.pf the_.City Attorney for Its review in accordance with I,Qs Angeles Admirtistr~tlve [rode Sections 1.1.47 thr~gh 11:5fi. §41.1. Indemnification • Bach of tiae~ parties to this Agreement is a putalic arttity: In contempiati~n of the provisions of~~ectic~tt.89$:~ of the (iravernrnent Code of the State of California imposing certain tgrt liability jointly upon gttl~lic. eritititas, solely by neon of such ent+s being parties to an Agreemertt~~s defined by ~e~c#ior ofi ir~id Code, the parties. hereto; as between themselves, pursuant to the awthottatian ' ctmtairted In ~ediort 898.4'and 89.6 of said `ode, wilt ®adt ass~:tne the full liability in~pcasetl wpr~n it or upon arty of its nfir's; agents; or ernpir,yees bylaw, for injury ciatased, by`a negligent of wt~ngful rest aW' orriisslon=ac~u~i~ in'the perforrrtartce. oi: this: Agreement 1hs~ ~tKre r~zterrt thansuc>tt liiaibifity weuld tea . • impps~. in the alasenCe of Seatir~r~ 8~~1' of said-Code. • T`o ~aohit~ve the.' above- stated purpose, each party irtdemnifi+ss a~ Ftctlds herrnless the c~ti>er ~nrty'~Qlaly by virtue cat said section 89.2. 'the pr4vision.of Sian 277$ c?f fhe.Cnliforalia Civil Cade is rnsde .apart h~etct if fatly sett forth herein. City of`Vemort certitias th8t it h;~s adequate self irtsered retentiprl itf fuMds to mtt ~r,y obtigatir~n arising troth this Agreement. . UA~I C3owt PSA ~f4t7 - - ii §412 Coact ~;.Int, erect . A: '1~he Contractor covenants that nctine of its directors, offleers, ,employees, or' ; agents shall participate in selecting, 'or administrating any subcontract supported (in whole or in par#) by Federal funds wh®re such person is a dit~ectvr, officer-, ®niployee or agent. of the subcontractor, or where the selacticn of subcontractors is or has the appearance of being motivated by a desire for personal gain .for themseives~or others such as.family business, :etc.; or where such person knaw5 or should have known that: 1. ;A member of-such person's immediate family, or dWmestic partner or organi~tion has a fnancial interest in the subcontract; 2._ TMe subcflntr~otoT is someone with whom such person has or is negotiating any prospective ernpioyment; ~ ar . ' 3. The participation of such person would be prcahibited,by the Califomie Poii~caal Reform Aot; tralifornia ~ovemrnent. bode §87100 ~ ff such person were a public: officer; because such p~rsbn woult eve a "financial ar outer int~r~st" in the sub~ntract; B. Defnitions: 1. The term "immediate familyN includes. but is not limited to domes~c partner andlor those p~;rspns related by .blood cir marriage, ~uati as husband; wife, father; mother, brother, sister, son, daughter, father in law, mother in law, brother in law, slstsr in law; son in law, daughter in law. The terr~n "financial or other interest" includes but is not limited tQ: ' a. ~ -Any direct or indirect financial 'rntere~t in the speafic contract, including a commission grf+~e; a shere ofthe proceeds, prospect of. ' .a pror~?otion or of future e>~tptoyment, a profit, or any other form of financial reward. b. Any of the. fallowing interests in the subcontraotor awnership: partnership interest Qr other beneficial intei-ast of five percent or more; ownership of five percent or rt~nre of the stack, employment . ~ . In a managerial oap~c~ty; or rYtembership on the taoard ofdirect6rs ` or gvv~ming body: . G. (This See#ion .is left intentionally blank.) D. The ~ontrac#or further covenants thet r~o offir~er, direGti~r, emptayee, or agent shall solicit or accept gratuities; ,favors; anything oi' rrtonetary value. from any actual.or potential subcontractor, supplier, a party to a sulk agreemt~ttt, (or persons who are otirterwi~i in a pasifion to benefit from the .actions of any offlcsr, . employee, or agent). . tJA51 CaoV't PSA 5107 . _ E. The-Contrabtcr?r shall not subcontract with a form®r directpr, offir,,er, or employee within a one y~r period following the termination of the relationship between ' . said persigr~ snd the :Contractor. ~ • F. l~rQr tc ob#aining the City's approval of any sub~trrdct; the Contractor shall disclose to tfe City any rela#ionship, finanaal car otherwise, direct, or. indirect, of the ~ontna~tor or any of its officers, direbtors ar employees or-their immediate • family with the prapoaed s~ibcontr~r~tar grid its off+cers, dire~tt~rs or employees. G. For further ciar~eation 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 Las Angeles, State of California, end Federal regulations regarding conflict of interest. . M. The Contractor warrants that it has not paid pr given and will~raot pay or give to any third person any money.or. ath~r- consideration for obtaining this Agreement. 1. _ThQ Contractor covenants that no member, officer or employee of Contractor shall have interest, direst or indirect; In ariy contract pr subconti~c~ cr• the • proceeds thereof far work to be performed In connection with this, pro)®ct dwiing • . his/her tenure as such employee, member or officer or for one year thereafter: J. the Contractor shall inGOrporate the foregoing subsections~of this section into every agreement that~it enters into in connection witFt this project and shall substitute ~e tern "subcontract©r"•for the term "Contractor" and "sub subcontrae~or" for "Subc;ontractor". • §413. Insu~rance_ {'this Section is left intentionallly blank) §414. ~~es ` trs~,p,4~p Q~s~o.~u Ahy reports, analysis, studs®s, .drawings, infortYiatian,, or data generated as a result of this Agreement are to be governed by the California Public Records Act •(Califorilia Government Code Sao. 650 et seq.:). §415. t , ~ . - : ' T , , , A: City of Ver#~iari shall comply with.:~II applii~ble r+erquii`ements of s#ate~ federal, Cc?unty antl City of t~o~ Angele:a Iowa; ~~~iYu#ive orxlers, regulations, program and. • . adrnirtiistrative re~uirerYterits, pc~flcies aid any Qthsr r~uiremi~ts governing this Agreetnerif. City of Vem4n shall ct4rnply witNr state and federal laws and regulations pertaining to labor, waga.s, hours, a>'~d atF>~r cendifions of • Qmp>ayrrten#.. City of Vernon. sha11• e~?inply w#th .new, amended,. or revised laws, regulatis~ns, and/or procedures that apply t4 thei perfori~anaa ~f this Agrc~nt~it. The~a,requlren~ents irydlWCla, but are not limited to . 1. UA~I C3ov't PEA ~/0~' , City Qf Vernon.shall comply with OMB Circulars, as applicable; OMB Circular A-~1 (Ct~ist Principles ft~r ~ducaticnal Institutlaris); (FMB Circular. A-87 (Cost Principles for Mate, Local, and in~ian'I'ntal t~ovemments); CMB Circular A-102 (Grants and Cooparative Agreements with Mate and Local ~ovemments)•, Ccamrntin Rule, subpart C for_pubiic agenaes or .OMB GiralarA-110 (Unifom Administrative Requr®ments fir Grants and Other Agreements with institutions cf Higher Educatron, Fiaspitals and Other Non,Profit Organi~atior~s); QM$ Circular A-12~ (Ctiist Principles for Non-Prot Organi~a#ions); 4M~ Circular A~133 (Audits Hof States, local ~avemments, and Non-Pro~it.Organl~ations. 2. Sin~le,~udit~Act If Federal fund$ are used in the performance 4f this Agreement, City of Verrian shall adh®re to ttte r~loa and regulations of the Bingle Audit Aet, ~1~ USG 75Q1 et sett ; pity ~uncil action dated i=ear<,~ry 4, 1.987 (C.lr, No. 8~F ~~~Q'S1); and any adminl~tratly® regulation or field memos irnplernenting tMe Act. 3. ~~IiL~s wr ~;,r~i,,~bllities A,~ct ~ . , pity of Vernon hereby t~ertifes.that it will comply with ttie Americans with Disabilities Act 4~; U$G 12101 ~ , and its implem~ntirtg regulations. -City of Ven~on will provide reasonable accotrrmodations to ' allow qualified individuais.with disabilities to have access to and to participate in its prrigrams, services and aQtivities in acavrdance with the provisions of the Amc~riaans with Disabilities Act.- City of Vernon will not discrrnin~t~ ~gafnst persons with disabilities nor against persons due to their rely#Qriship to or association with a person wl#h a disability.- Any subcontrac# entered into lay the City of Vernon, relating to this Contract, to the extent allowed hereunder, shall be subject to the prc~vislons of this paragraph. 4. P~,litl~al and ~ect~a~,an Acbyity pr~h,,,~lbit d None of the funds; mat®rials, property or services provided directly or indirectly wilder this- Agreement sfiall .f~ 'used for any partisan political activity, or to further tine eleatian ~or defeat-4f any carididafe for public offipe. Neither shall any fu?ads trrovidsd uridpr~this Agreenont~be used for any purp4so, designad to,euprt 6~' defaat any fending le~faletion 6r adrnlni~tratlve regulation. None~c~f the funds provid~eci pursuant to tnls Agreement shall be used for any sc~C#arian purpgse iii to support orbaneflt -any. sectadan ac~iivity. ' If this AgC~em~nt.provides far mere. than $100,0OO.OQ,in grant funds a' more than $1 ~Q,000 in loan, funds; City of Vernon shall submit to the City a Certificatir~n l~e~arding tc?bbying at~d a Ciisdosure Form, 'rf.required, in UA~I C~ov't:P~A aocordanc~ with 31 USC 1352. A capy.of the. Certificate is attached ~ . herd es ~thiljlt C. No #unds will be refeasecl tp. City of Verrhon untif the Ccrtifieatian is filed. City ~af Vernon shall file a, Wisclos~are Form at.the and pf eac,h calendar- . ~uert~r in whiph there o~ura any event requirir~g.disclosure or which materially affects the accuracy of any of the in#onnatioh ccantained in any Qi~cloSUre. Dorm previously filed by City of Vernon. City of Vernon shall require .that the language of thin Cerpfication be included in the award documentb for all sub~awartis at all tiers and that all subcpntractors shall certify and diseaose accordingly.. . 5• ~lL~,~~$r~e~tiT, At anjr time during normal business hours and as often as .the City, the U ta4mptrplier General and the Auditor General of the State of , Calif~rr~ia fey deem necessary, City of Vernon -shall make. available for ex~rnination all of its records with respec# tQ all matters coverer! by this Agreement: The City, the U.~. Comptroller General and.the Auditor ~ . C3®neral c+i` the State of Caiffomia shall have the authority to. audit, exani'ine and~make excerpts or transcripts~from records, induding all City . cF Vernon's ir~voice~, materials, payrolls, records of personnel, conditions of employment and other. data relating to "ail matters covered by this Agr~rnent. City of Vernpn agrQes tp provide any reports requested by .the City regerding• perfQrmancF: of the Agreemenf• I~~,riht~t,an~~ Rep?rds, in'their original #orrn, sftiall be maintained in accaordance with. ' requirements pi'eSCribed ley tfte City with r8speet to all matters covered on file~for ail documents specified in this. Agreement.. Original forrps. are to be maintained ~orr file for all dsacuments sper~fr~.d,.in this Agreemen#. Such• . records shall tie retained for a'perfpd of tive yeors after termination pf ' this Agreement acrd after~flnai dispdsftion of all pending:mattei's. "PQnding matters".include, but ark ribt.li~niteCl to; an a~tdlt,, lit~ga#iQr~ pr ©ther aotiona involving records: ~`he city may, ~at.its discretiurti,.take ppssesSign af, retail ~nd.owdit said! rea~rds, R~cards, in tMetr original fom~r pertaining t4 matte. c~verect kty this Agreement, III at all times be retained within the - ~ ~ Caur~t~? of L.os Angeles witless authcarizatiQn t4 remove ihetn is granted irti wri~rtg py the City. ~ ~ ~ UA~I Gov't PSA SJ07 ~ 7. Sub~eon,~t~s and ~Prracur,~n~,0# City of Vernon shall comply with the fed®ral and City of Vernon standards in the:award of any subcpntracts. For pwrpQS.es of this Agreement, sul~ntrac~ shall include but rtot be limited to purchase t~greements, rental or.lease agreemen#~, third party agreements, consultant service contfacts~nd-.construction subcontracts. City of Vernon shall ensure that the terms of this Agreement with the City are incorporated into. all Subcontrao#or Agreements. The City ofi Vemon shall swbmt all ~uboontracforAgreemenis to~the City for review nano ~ ~ . the. r asg ~ an funds t~,tl~e s~~r~onr. 'rtfie City of. Vemon shall ...Y.~ withhold funds to any subapntreotQr agency that fails to comply with the terms aFld conditions of this Agreement and their respective Subcontractor Agreement. g: ~.abor City of Vemon shall comply with the Intergovernmental l'ersannel Act of 1070 (4~ I.S.C. §§47284768) relating to prescribed requirements for ~ . • merit systems for programs funded under one of the 19 statutes or' regwiattons. speoifi~:d in Appendix A of OPM's Standards .fora Merit SystQm I?eraonnel Administration (5 C.F.R. `900, Subpart F). City of Vernon shall. comply, as applicable, with the previsions of the Davis Bacon Aot (40 U $:C ~§278a to 276a-7), the Copeland Act (40 U 5.C §276c and 18 U ~ C. §874), the Contract Work Mours and Safety ~tan~ard>3 Ao~ (40 U.S.C. §§~27-383), regarding iobor standards far federellyassisted construction subagreemerits, and the Hatch Ac# (5 USC §1501~16ta8 and 7324~T32$:). " City of Vernon shall comply with the )~ederal Fair Labor Standards Act (29 USC 201) regarding wages :and hours of employment.. None of the Bands shall be -used. to promote or deter Union/labor organiaring activitaes. CA Gov't Code See. 16645 City of Vemon ghall comply with all. ~~edoraf statutes relating: tp . nendisc~iminatian. these ~nciude lout ere not lunited to: (a) Tifle VI of the Civil Rlghta ACt o'f 1964 (F~ L 13i~~35~} which prcahii~its discrimir~atibn.on the basis. of race, color or national origln•, (b.) Titlo IX of the ~ducatian ' Anicndment; of 1972, as amended (2fl U,S.C. §§16.81-16$3, antl 1686- - 1886.), which prdhi~iits dscrirninatiah on the basis Qt sex; (p~ section 504 ~ . ' of the Rehabilatation.~Act of 1.93, as ern~rided (291J.5,~. §:'~94), which pr4hit~lts ciisCrirtiihatlon on the basis r?f I~andie~ps;.(d) i'he Age . C~iscrimination act of 1975, es amended (42 U.S.C. §§6101-6107}, which ' UA$I Gov't PsA x/07 prohit~its discrimination on the basis of age; (e) the Qr4tg Abuse Office and Treatment Act of 9972 (P~.L_ 92,250, as amended, relating to . ' nor?dintriatton~ on the basis of drug abuse; (f) the CaatprlaMensive Alt~hol AC~use and Aic~holism Preventipn, Treatment and Rehabilitation aGt of 99~a (P.L, g7~flty) as. arner~ded relating to nondiscrimination on the basis bf elcghol abuse pr aicchalisrn (g) ~§6~~ and_5~7 of the Pubiic . Health Service AGt of 1912 (+4~ U S.C..§§29t~ ddrt~ and 290 ee 3), .as amended, relating 'to confidentiality of alcohol grid drug abuse patient reGOrds (h) '~itJe Vlll of the -Civil Rights Aet pf 1956 (42 U S:C, §§601 et seq,), as arnended;:relating tc> non~tiisc~imiriatign in the sale, rents) or finarioing of hausmg; ~(i) any other nandiscrimir#ation prdvisians in. the - specific statwte(s) .under which application for. F~ecieral assistance is being made; (t) t17e requirarnents of any other npndisatmiriatien statute(s) which . may~~pply>to the. applit~tior~; acid (k) i~.L. 9.348 regarding the protection of human subjects Involved in research, deveiapment; anti related agtivities supported .by this award of assistance. 10. Enviromcne?atal . City of Vernon. shalt comply, or has already ogmpl(ed, with the requirements of fifties it and lil of the Unifgmi relt~cativn Assistance and Reap Property Acquisition Rolioies Act. of 19~q (f~.L. 91.640) whigli provide . for fair and~equitabie treatment:of persona displaced or whose property Is acquired as a result of pederal orfed®raliy-assisted programs. These requirements apply to atl •interests in rash property acquired for project purposes regardless of federal participatipri in purcha$es. City of Vemor~ shall comply-with environmental standards which may bQ pres~lbed pursuant to the fglt~awing (a) institution of environmental quality control measures under the National ~nvironrnentai Policy Acf ofi 1969 ~ ~ (P.l,. 81-190) and Executive Order (EO)11 a14; (b) notification of violating facilities pursuant to ~O 11 i38; (o) protection of wetlands pursuant to EO I . 19 990; (d)evaluation of iiaod •hazards in tlppdplains in acicordance with 11886;. fie) assurance of prcy~ect canaisten~r with the apprpved Sts#e managernen~ program derrelep~l ardor the ~bastal Yono'Mahag~ement . Aat of 192 (1t# U'~.C. §§1~t5'I et`'seq,); (f) corifonrity of federal actions to . • State. (Mean Air) Implem®ntation Flans under Sectign.1~t3(d) gf~the Glean Air AEt of 1965, as amended (4~ l,i.S.C: §§441 et seq.); (g) protec#ion of underground sources of drinking water under the cafe [~nnkin8-Water Aot .rtf '194, as amended (P.i,:. ~~;528.), (h)~pr+aten gf~endar~.d species vender the E~ruiangt~red ~pedes /~?c3t of 1.57, as emended (f~.4, 98205)", and (ij p'tood t~isaat~r F~rote~gn Act caf 19'3 ~102(a) (P.,L'. ~~-X3.4):.. . ctty of Verr~an sha11 comply with the Wild and Scer?ic Rivers Act of 1968 (96 U.~ C. fi~1271 et seq..) related tct~pr4te~nq cgnlptinents or poten#al comj~canei~ts of the national wlld and scenic rives system. tJA;~I Gov't PEA ' ' s/07 i City of Vernon shah comply with the lead Based Paint Poisoning Prevention Act (42 U.S;C. §§4801 et sue.) which prohibits: the use of lead- based paint in construction or rehabilitation of residence structures. City of Vernon shall comply with the Fed®ral Wetsr Poilufion Control-Act {33 IJ.S.C. § 1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. City of Vemmn shall ensure that the faciiitiee under its ownership, Icase or supervision which shall be u#ili~ed~in the ac~arnpiishment of this project are not listed in the Environmental ~Protectictn Agency's (EPA) list of Violeiing ~aalities aril that ft wilt notify the federal Grantor agency of the receipt of any cQmmuriicatian from the biredtor of the BPA office of Federal Activities indioatirrg tf~af a facility tp tae used in the project is under consideration for listing .by the ~I~A. 8y signing this ~Agraement,~ City of Veman ensures that it is it compliance with the CailFi~rnia Environmental ~uallty Act (C~+QA), Pui~lic ~te~urces •Code §21'440 Qt and is not impacting the environment negatively. City of Vernon shall comply with the,~nergy Policy and Conservation Act (F~.t,. 9M163, 89 Stet. 871), City of Vernon shall comply, if applicable, with the'provision of the Coastal Barrier Resources Act (Pa.. 97-345) dated [~otcberl9, 198 (16 USC ; 3501 et: seq:) which prohibfts the ~xp~nditure of mast new Federai.funds within the units of the Coastal Barrier` Resources System. 11. Rr~~er~ratton City of Vernon shall comply with section 146 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), i±Q 1'!593 (identiticatipn and protection of historic prop.erties), and the Archaeological and Wistoric RresQrvation Act of 19'4 (16 U.Q.C. §§469x;1 et seq.). 12. ~sogps~otts,~barmen City of Venngn shall comply with Redert~i Register, Volume:B8, Number_ 2~8; ragardirig suspension and Qebarinsnt, and pity of Vem4n shall submit a Certion Rpgardirig Qebat~rnpnt.required by Executive order 1 ~~49 and .any amendment. thereto, Said Certification .shalt tie: submitted to the. Ctty concurrerut:with the exacwtictn of this Agreerrrent aril shah certify that neither City of Veman nor its prirrap?als are presently debarred, suspended, proposed far debarment, decitar~ed. ineligible qr voluntarily exuded from. participation in this trancti4n by any fedes~l department head, or agency. City of Vernictn shat! require that the language of this Certifiication fie included in ti~a award do~rna~ts for all swb»award at a. II tiers grid that all subccntractars.shali certify .accacdingiy: UAaI Gov't PEA 5!07 . i i. 13. DcPt'~; l~~f~tPlace City of Vernon shall comply with the fed®ra1 Drug-Free W©rkplace Act of 198$, 41 USG §7U1, 2.8 CPR Pait,67; the California Drug•Fre~ Workplace Act ofi 199p, CA Gov't Code 850-8357. ~ • 1.4. Mi~ellarl~us . City of V+~rr~on shall comply with the.Laboratory Animal Welfare Act of 18.6, as amended (P.L.. 89-54~, 7 U$C ~§2131 et seq.).. B. Statutes and R~gulatlpns Applicable Ta This Particular Grant ~ City of Verngn shall comply with. all appiIcat~le requirements of state. and federal .laws, .e~eoutive orders, regulations, pro~cam and administrative requirements, policies: and .any other requirements governing this particular grar-it program. City of Vernon shall pomply.with new,,amended, or_r®vised laws, regulations, slnd/or • procad~ree.that apply to the perl`ortnance of thls Agreement. These requirements mdude, but;are not,limited to: 1. Title Code of F®deral Regulations (Gi~R) Part 66 X012392; pepartm~rit of Justice (DOJ) Offce of Judicial Programs (OJP:) G;ffice of the Cornptraller, financial Gulale; IJ.S. f~epartment of Womeland security, Office of eta#e and Local.Govemment Coordina#ion and Pfeparedness, Of~~e far DQrnestc 1?feparadness, Urhan Areac security lnitlative Grant F'rogr~ln II.ODP WMDTraining Ccaurse ~afalogue; and DOJ off ce for Civil Rights. Standardlx~d ~mergertcy Management System (SUMS) requirements as Ste#~d in the Calffomia Emergency Services Act, Government Cede . Chapter 7 of ~Sivision 1 of Title § 13u0~'.1(~).and CCFt '~'ltle 1 J, 2445 244'8.'. ProtiaiQns of 28 C~'R appii~ble to grants and, cooperative agr®ements, including ~~rt 18, Administrative F~eview Procedures; Part 2p, Criminal Justloe Information Systems; Part Z2, CQnfdent2lity of Idontiii`able ~tasearch anc Sta#isticai informotion; earl Criminal Intelligence " ' • Systems ~?p~rating Polioies Part 3tJ, Intergovbmmental review of f~epar#msnt of Justice Progrt~.rrYa arid. Aativitles; Rant 35; Norydiscrirnination 4n. tf'e Basin of C!ieability in: State and 4Fii dcrremment Services; F'srt 3lii, equal ~'re~ttment ©f-POitttMbas+sd t~rgani~tions; Part 42; ~ . Ni~ndiscrimir~atipn/~qual ernpla~yment t~rtur~ities Policies and Procedures; Part f1; t~rgceclures ft3r Iniplei~~ri#ing tfle Nalicinal . t~nvironrner~tal Policy Aot; Dart f3, ~o~lp-.lain Ma~iagement and- Wieland • . Protection Procedures; Part~64~,' f~lioodpla'in Management and Wetland Protection. Procedures;• Federal laws ar regulations appl'~eable to federal Ass9stanoe Prctgrartis,: Part f~; [~i~nr Istnr~luris Qn Lobbying; Part 90, Uniforol Mdrriiriistratjve i~equirerrrents ft~r Gram and Coepereitive . u~isi ~nwt wsA • ~ro~ i Agreements (including sub-awards) with Institutions of Higher Learning; Hospitals and other Non-Profit, Orgar7izatlons; and Part 83, Government- - Wide F3equirements for a,~rug free Workplace (grants). Norfdiscrimination requirements of~the omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USG 87'89(d), or.the duvenfle Justice and Delinquency Rrevention Act, qr the Victims bf Crime Act, as appropriate.; #he'provisidns of the current edition of the Office of Justice Programs- Financial and Administrative Guide for Gran#s, M7100.1, and all other applie~bie federal laws, orders, circulars, or regulations. 2. ~ Trave)1=x~en~„ sus . City:of Vernon as provided herein §ftall, be ~cornponsated #gr.City of VemQn's reasonable travel expenses incurred in the pertarmenc~ of~thts ~Agreerinent; tq include travel and per diem, unless other~visQ expressed. tatty of Vemon'e~total travel #or in-5tat~ and/pr owt~of~State and p'er diem . costs shall be included in the contract tiudget(s). All travel tncludin~ out, . o#*State travel nc~t included in fhg budget(s) shall opt kid reirnbu~ed vvitiaut prior writt®n authorization from the Mayors Office, City of Vermon's administrative=related travel and. per diem reimbursement costs shall be reimbursed based on the City of Veman's policies and pratedure~, l+or programmatic-rotated travel costs, City of Vernan's relrnbursenerrt rates shall not exceed the amounts established by the ~ . -State pepartment of Personnel ~Adrrrinlstration Mules. and fiegulatons, PML 97 0~4, Section 599.619, dated July 1;199 and Section x99:631, and as amended from time to time: 3. Noncoimaliance City of Vemon understands that failure t4 comply with any cf the above asewranoes may result in suspension,'terminatinn or reduction of grant . funds; and repayment by City of Vernon to City of any.unlawful expenditures. . C. Compiianae With Grant Assurances. • Tp obtain rile Grant funds, the 6rantar required an authori~8d rEpresentative of the City #c1 ~~n certain premises regarding rile weY the.Orant ~trnds wpuld be spent ("grant Assurances"), attached hereto as exhibit f~. icy signing ~ . these 'C~r~nt Assurances, the City Irhe ~lieble to rile Koran#er for any funds that are asst) ire viofafic>rt of the grant r~quiren7eirtts fifty of Vernon-shall tae . • liable to ills Grantor for any funds rite Crantc~r determines that pity of Vernon used to vlolatlpn of them: Grant Assurances. City of Vernon ,shell. indemnify and hold harit?less th`e City for any. sums the c3~ntor Cstermines City cif Vernon:used in violation of t#~e f~renf Assurances. UA~i fCov't PSA~ 5/09 ' . §416. ~~~i'~I 5~~~:ta~id-~I:T~„es Federal, ~tat® and local tomes SMall ba the re$ponsibility of City of Vernon as an independent party and ncrt as a City ernpioyee: §4.17: In~e~t,~-~s ~Rat~r~isi~n,~ on~riahfs A. Renortma Procedure _for~ Inventions. ~ . If any. ptroj produces any invent'ipn or disaavQry (Inverition).patentable or otherwise under title ~6 of the U,:~. Code, including, withput limitation, processes. and busirieSs methods made in the course of work under this~Agre~sment, the C©ntrac-tor shall report the fact and disclose the Invi~ntian promptly and fully tv~ the City Tfe ~itjr Shall report the'fact~ed disrllose tide Invention to the grantor. _ Unle~ there, is a pnpr agreement between the City and the Grantor; the Grantor shall determine.whether to seek.pt~otac#iori OI7 tla~.lnvention, The Grantor ailall determine Mew the rights in tho Inventipn, including rights under any patent issued thera~ri; will be aliovated-and adntirnster~l in order to prof®ct.the public interest cQnsfis~ent with the r?olicy (bPoliay") ernbvdi~i in the, Federal Aaquisltion f~egulations ~ystern, which is laased on Ch.18 oaf title 35 .U.a:C. sections ~Q0 et seq. (Rubs.i;.: g5~~1 r`, Pub. L:.96«6~0, 37 GFf~ pert.4g7), Presidential Memorandum, on Govemment Patent Polipy to the Heads of the ~xeeu#ive pepartments. Arid AQenciea, dated. ?~/18~1l383); and executive prder 12591, 4/10%7, 5~ FR 1414, ~ GFR,1~9~7 Comp., p: 2~0 (as amended by ~xecutivc order 1.261.8, 1 ~f~~f$7, FR 4$661, 3 ~~R~,10$7' Gomp., p. 2f~). Contractor herefay agrees to be bound by the Policy, and will contractually require its personnei,.te be bowr~d by thy: Policy. ~ . t~. RiAht~ tQ Inv n ions- City shall hove an unenaurnbered right, and a nonexclusive, irrevocable, royalty- free 1iEens~, .#4 use, rnanufavture, improve upon, and aAow others to dv so for all government purposes., artiy Invenfian developed under this Agreement. C. C~AVriaht ~?~livv 4. Unless oth®rwise provided by the terms. of the Grantar or-,of tlii~ ~gre~ment; when copyrightabie rnaterlal (Material) is developed .under this Aarebmelnt, the author or the City; at the Gity's discretion, may~c~pyright ~ ` the iUl~tercl. ff the City declines tcl' c:Apyrigh# the,Material, the City shall hive an unenaumi~ered right, at~d a ncrt~exclwsive, irrevocable, royalty free. li~nae; to use, rnanufactur+s, .improve .upon, and .allow :othera to do so . for all gdvQrnr~tent purpose, any Material developed under this Agr~rnant.. 2. 1'1he Grarrtar sl~ll'have an ur?errcwrnb®red right, and anon-exolusive, irrevoc~rble, royalty;free license, to 'use, manufactwre, improve wptsn, and UA~1 Gov't PsA x11)7 i - ~ - ~ ~ - ~ ~ i ~ i i allow others to do so for all goo®rnment purposes, any Material developed _ under this Agreement or any Copyright-pun~ased under. this Agreement. 3.. Contractor shall. comply with ~4 CFF~ 8.34. ~iGl~t~ to Data ' The Grantor and-the City shall have unlimited:right~ or copyright license to any data first produced oe delivered under thls.Agreement, "Unlimited rights" means . the right to use; disclose, reproduce, prepare derivative works, distribute. copies ' to~the pubilc, and perform and display publiely, or permit others to do so; as r~uired by 4$ CFF 2fi.401. Where the data are not first produced under this iAgreement or are pwbiished ccRyrighted data with the notice Qf 17 U.S.C. Seetion,401 or'402, the t3rantor acquires the data under a copyright ilca»se as eel forth in 4:8 C~~ ~7.4.04(f)(2) instead of unlimited rights. (48 CSR 27.4040)): E. 9~liq~ons Bin i0g on Subcon#~q~ . . Contractor- shall require -all subecintracfiors to comply with the obligations .of this section by incorporating the terms of this section into all subcontracts. §418. ~ ~ . Income T~ 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. Eaual~efi#s Ondirlance. Under the terma of this Agreement, City of Vernon is exempt from compliance with the provisions of Section 10.37.4 of the Los Angeles .Admihistrative bode. §420. t~ontr~r_R,~sponsibil~ Order Under the terms Qf this .Agreement,. Clty of Vernon is exempt from compliance ' with the provisions of the Contractor Responsibility Ordinance (CRO), Section 1 Q.4Q ~ ~q,, of Article 14, Chapter 1 of dlvisiori 10 of the Los Angeles Administrative Code. §421;. Sl~ty,Q~isgl~re,~,rt~i, once , Under the terms of this, Agreement, Clty of Vemon is ex®mpt from compliance • With the ~Ievery Disclosure CJrdinance, Section 1Q.41 of the Los Angeles . Administrative Cede. . §422. S~-4lt~i~~~.~?sslanment Qrders Under the terms of this Agreement, City of Vernon is exempt from compliance. wi#h #he~Child Support Assignment Orders ~rdinancxY, Section 10.10 of the Loy ' ' UAaI Gov't PEA 5/07 i .Angeles Mdministrative ~c~de. City of Vernon shall comply with Caiifornia Family Cade Section ~23U et seq; as appiicablE. X423. , . ~ d r . ~ ' P:,.,r ~ . it is the policy of the pity to provide minority business enterprises, (MBi`s), woman business enterprises. (WBEs) and all oth®r iausiness enterprises an equal opportunity to participate iri. the pert'ormance of all Contractor contracts, including procurer~ein#; construction and personal services. fihis policy. applies fo bll ~ontr.•actwr~ and Sut~-Co~itractors: UASI S3ov't PSA 5/07 Q.~A~TS,~PEI~,SI~j TAL4~.Nr~.TIQ~, AND AMEND..~~,. §501. Defaults Should Gifiy of V~mon fait for any reason tp comply with the contraatUal obligations of this Agreement within the. time speolfied by this Agreement, the City reserves; the nigh#.to #erminate the Agreement, reserving III rights under state'and federal law. . §502.- (This section is left intentionally blank.) §v03. (This Section is left in#entionally blank:) §504. (This Section is left intentionally blank..) §505. Amend ants . ~ 'Any change in' the terms of this Agreement, inoluding changes in the. serviees to be performed by City of Vemon, and any incroase or decr~se in the amount of compensation which are agreed to by the .Gity and City of Vemon shall be incorporated into this. Agreement by ~ Wdtten arrrendment properly exe~ut~d and signed by the person authorized to bind file .parties thereto. ' City of Vernon agrees to comply with ~It future Gity Directives; or any rules, amendments or requirements promulgated by the City affecting this Agreement. UASI Gov't PEA ~;/Up VI . §601. _Co?nRl_ete A~reemerit This Agreement maintains the. full and r-Arr~plsts Agreement between the two parties. Neither.verbal agreement nor conversation, with any officer or employee of either party ~fiall affect or modify any of the terms and conditions oaf this Agreement. X602. Na be~„a#; i?, aa_es and„~chgyents This Agreement is executed in two (2) duplicate ariginais, each of which is deemed to be an Qriginal. This Agreement includes twenty-~i~ht (~8) pages and thine®n (13) Irxhibits~which.consfitufe~ the~entire understanding and agreement of the pasties. UA~I Gov't PEA x/07 ~ IN WITNESS WM<lR~OF, the•City and Oity of Vemon have caused this Agreement to be~executed by.their duty authorized representatives. APPROVED A~ 1'O FORM AND L~OALITY: • For: ThiE CITY OF LOS ANGELES • ROCKARD J. DEL,GADILLO, City Attorney • ANTONIO . V ~ : RAI ,Mayor . Deputy City Attorney By Ant nio R. Villaraigosa, Mayor ©ate 1.~~-d8' Homeland $ec~rity and Public Safety, Mayor's Office ATTEST: Date ~~-v~~~ ~ ~ FRANK T: (VIARTINEZ, City Clerk By ~ ep y City clerk Date ~~c~-~~ Y 1 AP ROVED AS ~ FOF~M:. For: City of Vernon, a municipal•corporation . By _ tto y ey 1r.~~a~~~ .~.~.v , Date ! 0 3,r..,._/ ~ 7, ~ Date ~ B ~ . • ATtIS BY clQrk . Glty ~u~iness lacensa Number: ' Internal Revenue Service It7 tJumb+~r: • Council t=PIelOA1~5 F~ile'Number: ~ Date of Approval • City Contract Number ' ~ Y. / f ~ f D / IJASI Govt PSA - 5/07 I IzXHiBIT A . . INSURANCE . . (Not applicable tv this Agreement.). . . ~ ~ ~ ~ . ~ EXHIBIT C~RTIFICATiON REGARDING DEBARMENT i . CEI~tTTF>iCATION REGARDING . DEBARMENT, SUSPENSION, INELT!GII>I~IILITY AND `VOLUNTARY EXCLUSION . LOWER TIER COVE1tED TRANSACTIONS • • • . ,This certification is required by the regulations implementing.Executive Order 12549, Debarepent and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities. (READ ATTACHED ]INSTRUCTIQNS FOR CERTIFICATION BEFORE COMPLETING) 1. ` The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed f©r debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department oz agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach. an explanation to this proposal, AGREEIvIENT NUMBER City of Vernon CONTRA,CTOR/80RR01~VER/AGENCY Eric T. Preach, City Administrator NAIVIE AIVD TITLE OF AUTH01tI7~D REPRESENTATNE January 8, 200$ . SIGNA URIr DATE • • i INSTRUCT)<.9N8 FUI~, Cl~+ R , , ..CA TON ~ • 1. By signing and submitting this document, the prospeetve recipient of Federal assistance fiords 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 t3overnment, the deparment or agency with which this. transaction origiaated 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 lima the prospective recipient of Federal assistance ' funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed ciccutnstances. . • 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered tranaaCtlOn,'~ "partlClpant," "person," "primary COVered tIanSaCtlon," "princlpal," °propOSal," and "voluntarily excluded," as used in this clause, have the meanings set out in the befinitiona end • Coverage sections of rules implementing Executive Order 12349. 5. The prospective recipient of Federal.assistance fiords agrees by submitting Phis 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 fonds further agrees by submitting this proposal that it will include the clause titled "t..erti$ostion Regarding Debarment, guspension; Ineligibility and ' Voluntary Exclusion -Lower Tier Covered Transactions," without raodificatien; ut all lower tier covered transactions and in all solicitations for lower tier covered IransaCliona. 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'itansaction; unless it knows that the certificarion 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 LisR of.P}l ies -~~Ctuded from Pmnurement or Non~P,~nctrremenf l~pg~ggf. • S. Nothing contained in the foregoing shall be oonshued to require establishment of a system of records in order to render in goad faith the certification required by this clause. The knowledge and information of a participant is not required to eiceeed lhat which is normally possessed by a prudent person is the ordinary enures of business dealings. 9. Except for transactions authorized wader Paragraph 3 of these instructions, if a, participant in a covered 4ransaction knowingly enters-into a lower rier covered transaction with a person who is suspended, ' debarred, ineligible, or vohtntary excluded'from participation in this transaction, in addition to other mmcdies_ available to the Federal Govemntettt, rite department or agency with which this transaction • originated may pursue available remedies, igcluding suspension and/or debarment. ~XHiBIT C CERTIFiCATIQN REGARDING hOi~BYING . . ~ CJERTIFICATION REGARD]NG LOBBY)[NG • ~er•biTicati4n, for C©ntr4actsa*Gr~nts~I.o„~ns~ and .Co~tu~~~ld1~'e ~,gl'ee- m nts . 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 lied, 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 aF Congress, or an employe® of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grar?t, the making of any Federal loan, the entering into of any cooper-alive agreement, and the~extensian, continuation, re~iewai, amendmet~.t, or modification of any Federal contract, grant, loan or cooperative agreement. ~ . 2. Tf any funds other than Federal appropriated :funds havo been paid or will be paid to any person for influencing ar attempting to influence an officer or employee of any agency, a Mezr~ber of Congress,. an offscer or employee of Congress, or an employee of'a Member of Congress in connection with this Federal contract, grant, loan, ox cooperativeagreement, the. undersigned shall complete and submit Standard Form-LL,L "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned sha11 require that the language of this certification bo 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. certifcation 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 prersgaisitc'farm~king or entering into this transaction imposed by Section 1352. Title 31, U.S. Cade. Any person who fails ta~file the required certification shall be subject to a civil penalty of not less that $ t 0,000 and not more than ~ 100,000 for each such failure.. AG1tEEM1~NT NUIVIBER Cit of Vernon ~ . CQNTItACTORBORROWER/AGENCY ~~ric 1'. French, City Administrator . NAIvIE A1VD TITI~lJ OF AUTHORIZED ItEI'1tES1rNTATIVE Janus 8, 200.6 SIGNATURh. DATE i ' INSTRUCT. .~w~R~~~F~~~TI~N 1. $y signing apd submitting this document, the prospective recipient of Federal assistance funds is ~ providing the certification asset out below. 2: The certification in this clause is a material represeutadon of fact upon which reliance was placed when this #raigsacdon was.enteted i4to. If it is !stet deterpiined that We prospective recipient of ' Federal assiataa¢e funds knowingly ren~red an erroneous certification, in addition to other remedies ' available to-the Federal Government, the department or agency with which this transaction originated may pursue'avaiablezemedies, including suspension and/or debarment. 3.. The prospective recipient of F.ederai assistarlge 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 certificadoii was erroneous, when aubmitfed ox has became erroneous by-reason of changedeircumatances. ~ . u ~ na nn nn' ~un 4. The terms covered transaction, debarred, suspended, rneligfble, lower tier covered tralLSaCtIOfl,'rnpartieipant,n "peraOn," "primary COVCred transaction," °prinClpal,n "prOpOSaI,° Slid "voluntarily exchided,'! es used in this clause, have the meanings sat out in the Definitions and ' Coverage sections of rules implementing $xecutive carder 13549. . 5:. The prospective recipient bf Federal assistance funds agrees by submitting this proposal that, should .the proposed covered transaction be entered ditto, it shall riot knowingly enter iirto any lower der covered transachon:wiW a person who is debarred, suspended, declared ineliglble, or voluntarily excluded from participation in ffiis covered transaction, unless authorized by the department or agency 4 with Which this transaction originated. 6. The prospective recipient of Fedcraf assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regazding Debarluent, Suspension, Ineligibility and Voluptary Exclusion =Lower Tier Covered Transacdnns," without modi$cadon, iri all lower tier covered transactions and in ~ah solicitations for lower tier covered transactions. 7.. A participant in a covered transaction may rely upon a cerdficadon of a prospective participant in a .lower tier Fovered hansaodou that it is net debarred; suspended, ineligible, or voluntarily excluded from the covered transaction, azaleas it knowa.that the certi6cadon is erraneous..A pattioipaat may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is hot required to, cheek the List of Pai#les Excluded from Fmcur€ment ~ai~ . Ngt},~l?rflcurement Age. 8. Nothing contained in the foregoing shall be conatraed to require establishment of a system of rgcords in order to render in good faith the certification required by this clause. The lrnowivdge and ' inforwatian of a participant is not required to exceed that which is normally possee~sed by a prudent person ]lithe ordinary course of business dealings. • 9. .Except for transactions authorized under Paragraph 5 of these instructions, if a paficipant in a covered .transaction luiowin$ly enters into a lower der covered transacdyn with a person who is suspended, debarred, ineligible, ar voluntary excluded fmrta pardcipadon is this transaction, in addition to other rewediea available to the Federal t:iovernzneni, the deparhment or agency with which this transaction originated-may pursue available remedies, including auapension and/or debarment. - _ _ - .r i . , . , EXHIBIT D .THlS SECTION I~ L~~T INfiENTIONALLY BLANK , i i I . EXHIBIT GRANT ASSURANCES i i . ~ • i Office of ~Hpmeland Security Grant Assurances (All Applicants) Name of Applicant: . Address: Y City: State: dip Code:_ i Telephone Number: ~ " • Fax Number: E-Mail Address: ~ " As the duly authorized representative of the applicant, I certify that the applicant named above: I . Has the legal authority to apply for federal assistance, and has the institwtional, managerial and . financial capability to ensure proper planning, management and completion of the grant provided by the federal Department of Homeland Secur-ity artd sub-granted. tb~rough the ~#ate of Califomie. 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: bf the United States, the State of California, through any authorized represeixtative,.eccess. to and the ' right to examine all paper or electronic iecords, 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 i~'ormation as. may be required $y the awarding agency.. S: ,Will initiate and complete the work within the applicable time frame after receiptof approval of the awarding agency. 6. Will establish safeguards to prolu'bit employees from using their.positions-for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, of personal gain for themselves or others, particularly those with whom they have family, business or other ties: FY06 Homeland Seeurit~ Grant Program ~ ~ Page 43 . \ ' ' 7. Will, comply, if applicable, with the Lead.Based Part Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead.based pai~t;in construction or rehabilitation of residence structures, Wi11 comply with all federal statues relating. to nondiscrimminatiou. These include but are not limited to: a. Title VI of the Civil Rights Aot`of 1944 (P.L. 88-352), as amended, which prohibits d~scxitniiiation on the basis of race, color or national origin; b. `l'rtle 1X:of the >~ducstion Amendments of 1932, as atriended (2p U.S:C. 1681-1683 and 168-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation A,et of 1973, as amended (29 U.S.C. § 794) which prohibits discriz~tination on the basis of handicaps; ' d: The.A$e DiscritninationAct of 1975, as amendeil~(42 U.S.C. 6101-610'0 which prohibits dis~ritn~ation on the basis of age; ' e. The Dirug Abuse Office and Treatment Act of 1932 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f: The Compreheinsia+e Alcohol,Abuse and Alcoholism Prevention, Treatment and' • Rehabilitation Act of 1930 (P.L, 91-616), as arner~dEd, 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. 29U dd*3 and 290 ee-. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title ~I:II of the-Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amend®i; relating to nondiserurunation in the sale, rental.or finaneAg of housing; ~ ~ . i. Title 2~,. Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28,'.CiiR, Part 35; . k. Any other nondiscrimination provisions in the. speciftc 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 alieady complied, vWith the re~uiremex~ts of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition~Policies Act of 1930 (42 U.~.~. §4601. ®t aeq. (P.L. 91-64~:wliich proyldes for fair and equitable ireatlnent ofpetsons displaced or whose property is acquired as a result of federal or federally assisted:programs. 'T'hese req~arernents apply to all itite+rested in real property acquired for project purposes regardless of federal. participation. iii purchases. 9:' Will comply, if applicable, with the flood insurable purchase requirements of Section 102(a) of the Flood Disaster T'roteotion Act of 1933 (P.Tr. 93.234) which requites recipients in a special flood hazard area to particip$te in the program and ~to put?chase flood itisEuance .if the total cost of insurable construction and acquisition is $10;000 or tnora. ~ ~ . 10. Will comply :with ettvirvnmental standatrls which~tnay be prescn'bed pursuant to the following: a. institution of cnvirontnental quality control measures under the National ~riviromnental Policy ~!?ct op i 969 (P:L. 91-190) and Executive Order (EO)11514; ' b: notiftaatian of violating facilities putsuattt #o.>~~ 11'38; c. protection. of wetlands pursuant to 11990; ~ . . d. evahtation of fl hazard in floodplairts in accordance with EO 11988; e. assurance of project consistency with the approved state management progtuzn_ developed ' . under the Coastal done Management Act of 1972 (l6 U.S.C. 1431 eYseq.); f conforatity of federal acttona to State Clean Air I _ lemetitation Plans under ~e~on • FY06 I-Iomeland Socurity Grant Program ~ pie. . ~ i 176(e) of the Clean Air Act of 19SS, as amended (42 U.S.C. § 7401 et seq.); . g. protection ofundexground sources of drinking water under the Safe.Drinlang 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, i. California Environmental Q~5ality Act (C1rQA). California Public ltesources'Code Sections 21080x21098. California Code of Regulations, Title 14, Chapter 3 Section 13000-15007. 1'1. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S:C: 1271: etseq.) related to " protecting components or potential components of the national wild and scenic rivers system. 12. Will assist the awarding agency in assuring cgmplianee with Section 106 of the National Historic Preservation Act of 1965, as amended (16 U.S.C. 470),1~C) i i 593 {iitentification and preservation . of historic properties), and the Archaeological aAd Historic Preservation Act of 1974 (16 U.S.C, 469a~1 etsec~. 13. Will comply. with Standardised Emergency A~attagement System (BENS) requirements as stated in the California Lmergcney Services Act, Cioverritrient Code, Chapter 7 of Division 1 of'1'itle 2, Section ~86.07.1(e) and CCit Title 19, Sections 2443; 2446; 2447 and 244$. ' 14: Has requested through the State ofCalifornia;. 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 flwiancal 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 e~peridtures 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. I 1 S. Will comply with the Intergovernmental Personnel Act of 1970 (42 U:S C. Sections 4'7284763) relating to prescribed standards for merit systems far 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 (S.C,F.R. X00, Subpart F), ~ 16. Will comply with provisions of the Hatch Act: (5 U.S.C. Sections 1501] 508 and 73247328) which lunit the political activities of employ. ees whose principal employ?nent activities are funded in whole or in parE with federal funds. 17. Will comply with P.I:,. 93-348 regarding the protection of human subjects involved rn research, ' development, and related activities supported by ,this award of assistance. 18. Will comply if applicable,. with the I:.aboratory :Animal Welfare Act of 1966 (P. L. $9-SM{, as amended, ~ U.S.C. 2131 e# seq.) pertaining to the care, haudluig~, and treatnrtent of warm blooded ~riitnals held'far research, teacl~;g, or~other activities supported by this award of assistance. FI'061tonteland Security Grant Program. ~ Page 45 1 19. Will complywith We rpinimurn wage and maximum hour provisions of the Federal Fair Labor Standards Act.(29 U.S.C. 201), as they apply toemployees of institutions of higher education, hospitals, and other non-profit organizations. . 20. Wi11 oomply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Section276a to 276a-7),-the Copeland.~ct (40 U.S.C.'Section 276c and l8 U.S.C: Sections 874), and the Contract Work ~-Iau~rs and Safety Standards Act (4D_U.S.C. Sections.327-333), regarding labor standards for federally assisted constructionsub-agreements. 21. Will not make anp.awartl or"peritnit any award. (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible. for participation in Federal assistance programs under ~zecutive Order 12549 and 12689, "Debarment and~Suspension." 22. Agrees that: a. No federal. appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for infiueneing or atteinptupg to influenc@ an. of~oer or .employee of any agency, a lviember of Congress, ati officer or employee of Congress, ar an employee of a Member of Co~tgress in eo~inecton with the. making of any federal grant, the enuring into of any cooperative agreement, attd the extt±nsion, continuation, renewal, amend~nggt,. ox mod cation ~of ~iy federal grant ox cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any . persom for influenei>1g or attennptui$ to influence ap o~ieer or employee of atty .agency, a Member 6f Congress, an officer or an employee of Congress; or employee ,of a Member'of Con~ss in ponnection with the federal grrant or goQperatiye agreement, ~tlae-undersigned shall complete anct.subrnit Standard Form LS~L, "bisclosure of Lobbying Activities;".in accordance with,~ts instructions; . c. The undersigned shall require that the laiigua$e of this ceiti#ieation be included in the • award docwnents for all sub awards at all tiers ineluduig. subgrants, contracts-under grants • acid cooperative tigrecments, 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 transaetionwas made. or entered into. Submission of this certification is a prerequisite for making or entering into this.transaeUon imposed by section 1352, Title 31, i:T.S. Code. Any person who fails to file the rewired cai~tif cation. aha}I bs subject to a civil. penalty of • - not less tlicln $10,000 and not.more than $1OQ,01)0 far each such failure. 23. Agrees that equipment acduired or obtained with r funds: • • a. Will be~made.availablEunder the. California l]isast~ar and Civil Defense Master Mutual .Aid Agrec~~t in +consultntlon with representatlvcs of the various'ftre, emergency medical, hazardous materials response. services; and law ~iforcemerit ag~cies within the jurisdiction of the applicant. ' b. is consistent with nEecis as identitTied in the,State Hor~aeland S•ecuiity Strategy ar?d will be deployed in.c~srifotina~dce with that Strategy. ~ . c. Will be madeavailable pursuant to' applicable. terms. of the Califona Disastar and Civil Defense Masten Mttuul Aid Agreecr~ent and deployed with personnel trained ~ the use of such equipr~ne~nt in .a rbanner consistent wth'the Caliifornia Law. Enforcement Mutual Aid Plan or the California Fire Sdryiees and Fescue Mutual Aid Plan. FROG Ilomeland Security Chant I~rograin Page 46 r 24. Agrees that fiends awarded under. flue 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 OIv18 Circulars A-21, A-87, A,102,1~ 110, A-.122, and A-133, E.0.1~372 and Utiifonn Administrative Requirements for C3rants and Cooperative Agreements contained in Title 28, Code 4f Federal itegulations, Part Fib 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, withthe nondiserimixiation requixenients of the Omnibus Crime Control and Safe Streets Act of 1968, as . amended, 42 USC 3789(dj; or the Juvenile Justice and Delinquency Prevention.~ct, or the Victims of Crime Act; as approprlate; the provision of tha current edition of the Office of Justice Programs Financial and Admu3istrative Guide for Greats, M91Q0,1; and all other, applicable ' Federal laws, orders,: circular's; or regulations. 2'1. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including a. • Part 18; Admuustrative Review Procedures; • b. Part 2t?; Criminal Justice Inforriaation Systems; c: Part22, Confidentiality ofIdentifiable Research, and Statistical. Information; d..Part 23, Cttiinr?al ~tttelligence Systems Operating Policies; e. Part 30, Intergovernmental Review of Departinerit of Justice. Programs and Activities; f. Part 35, Noniliscritnination onthe Basis of Disability ini State and Local Government. • Servicgs;. fart 38, Equal Troatmaut ofFait>t-based Organizations; h:.-Part 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondiscriinination/~qual Employment Opportunities Policies and- Procedures; . j. Dart 61, Procedures for Implementing the N'ational•Environnte'ntal Policy Act;. k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs: • 1. Part 6b, Uniforkn A.dinimstrative Requirements for Grants and Cooperative Agreements. to • ~ State and Vocal Governments. ~ ' m. Part 69 Government-Wide Debarment and Suspension (Non-Procurement) n. Part 69, New Rastxictions on Lobbying o. Pmt 70, Uniform Administrative Requu'eziemts for Chants and. Cooperative Agreements (includi~ag. sub~awards) with Institutions of Nigher Leatuing, IHospitals and other Nod-Pi~oPit Organizations: . ' ~ p. Part 8~, GovernnientYWde Requirements for a Drug Free Workplace (grants) 28; Will ensure that the fac~lrties under its ownership, lease or~supervision whicli~shall be utilized in the accomplishment of tlus:pr.Qject ara not listed. in the Envirortn~tental Protection Agency's (EPA) ..list, of Violating Facilities and' :that it will. notify the Fedcxal Grantor agency of the receipt of any communicatiioit. #`rom the Director. of the:SPA O~'fce ofFederal Activities indicating that afacility to be used in the project is under aoz~sideration fur listing by the EPA. ' FYt)6 homeland Security.Grant Program Page 47 29. Will camply with. Subtitle A, Title II of the Americans with Disabilities Act (ADA)1990. 30. Will, in the event a. Federal or State court or Federal or State administrative agency makes a finding.of discrimination after a dwe process'hearing on the grounds or race, color, religion, national origin, sic, or disability against a recipient of fiords, the recipient will forward a copy of thE`fmding to the Offtce of Civil Rights, Office of JusticE Frograr~s. 31. Will provide an Equal Employment Opportunity Flan, if applicable, fo the Department of Iustice Office of Civil Rights within. 60 days of grant award. 32. V~iil comply with the f~natcial-and administrative requirements set foz th in the current edition of the Office of Justice Programs (OJF) Financial Guide. • 33. Will comply, if appli~aliie, with the provision.of the Coastal Barrier Resources Act. (1?.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 13airier Resources System. 34. Will comply with all applicable requirements .of all other federal laws; executive orders, - regulations; program and adnuuistrative requirements, policies and any other requirements governing this program. 3 5. Understands that, failure to comply with. any. of the above assurances may result in suspension, tet~nination or redaction of~gtant.funds. 3G. ~1s required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Fart 67, for prospective participants in priYnary covered transactions, as defined at 28 CFR Fart $7, . 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 froxn.coveed transactions by auy p'edexal depar'tmcnt or agency; (b) Have-not within a~three-year plod preceding this appliF~#ion been convicfied of or had a civil judgment rendered against them for cbinmission of fraud or a criminal offense.in eonnection with obtaining, atterripting tp obtain; or peafotrnitig a public (Federal, State, or local) transaction or contract under a public transaction; violation, of Federal'or State antitrust statutes or commission of ennberr~t~mesnt; then, forgery, bribery, falsification or ,dEStruction of records, making false statmnents, or receiving stalent property; (c). Are+ not presently indicted far or otherwise entnitially or. civilly charged by a governtncntal ~ti#y (Federal, State; or local] with coutmssioh of auy~ of the offenses enumerated i~q parag~h (lei) of this certification; and (d) Nave notwithin athree-year period preceding- this application. had one or more public tratsactions (Federal, State, or . local) termEinafed far cause or default;. and B. Where the applicant is unable to oertify to any of the statements in this certification, he or she ~ • shall attach an explanation to this application. . FY06 Homeland Security Grant Pmgr Page 48 . . I ' ~ ~ . . 'I 38. As required by the Drug•Frea Workplace Act of 1988, and implemented at 28. GFR Part 67, Subpart . F, for grantees, as defined a# 28 C1~R Part 6~ Sections 67.615 and67.620 ~ . A: The applicant •certifies that it will ar will continue to provide adrug=free workplace by:, . (a) Publishing a statement notifying employees that the unlawful inauufacture, distribution, • dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will betaken- against eniployeas for violation of such prohibition; (b) Establishing au .on-going drug-free awareness program to inform employees about ' (1) The dangers of drug abuse in the workplace; (2) Tlie grantee's .policy ofmaintaining adrug-free woriCplacc; (3) Any available drug counseling, iehabilttation, and employee assistance programs; and (4) The penalties that tnay be imposed. upon employees fer 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 .byparagraph (a); ~ (d) Notifying .the employc3e 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;'an'd . (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring ins the workplace no later than five calendar days after such conviction; . (e) Notifying the agency, in writing, within 1 U calendar days after receiving notice under subparagraph (d)(2) .from an employee or otheiwise receiving actual notice of such conviction. Employers of convicted employees-must provide notice, including position title, to: • Department of Justice, Office of Jus#ice Programs, ATTN: Control Desk, . 633 Indiana: Avenue, N.W., Washington, D.C. 20531. • _ Notice shall include the ideritificstlon 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 stay ennployee who is so convicted ' (1) Faking appropriate personnel action age#nst such an employee, up~to and including . termination, consistent with the require~xients of the Rehabilitation Act of 1.973, as amended; or - (2) Requiring such. employee to participate, satisfactorily in a. drug abuse assistance or rehabilitation pi~~?gram approved -for such purposes by a Federal, State, or local Health, law enforcemen#, or other appropriate agency; . FX061•Torrieland Security Grnnt Program Page 49 I {g) Making a good faith .effort to continue to maintain adrug-free workplace through . unpleinentation of paragraphs (a), (b), {c), {d), and (fj, • As the duly. authorized representative of the applicant, I h@reby certify that the applicant will comply with. . ; . the above certifications. The undersigned represents tltat he/she is. authorized by-the above namiel applicant to enter into this .agreement for and on behalf of the said applicant. Signature of Authorized Agent:. • i .Printed Name of Authorized Agent: Title: , ~ Date• FYOb .Homeland Security Grant Program Page ~ Sl1 i i E)CHIBIT F . EQUIPMENT LEDGER ~ . t o a~ ~ . . ~ W 7 . f Y'_ f i .Y :~y~ „ ~ 4~'V3I ~zY f~ M (y. d a V ~ ~ ; a .t;..; d~ z~j ~ _i c 1} i~'`~ ~ _ :1 ~ ' F.(~`~! 3 n gCg ~.y ~ ~r a ~ ' ~~f~ ~ ~ Q. :7 t i~ ~•q W e i • I i i I ~i I~XWIBIT G ALLOWABIE~COST MATRfX ~ ~ ' i i • ' _ • i ~P~NDX D ALLOW;t~BLE CQ~~''- M~TRI Ttibls:.1~ F~ X086 Allat+vap)~-Cost 11iUttriz a. Rybha _ ~ & DutreAeh , , evoiGp.i?nci leihept ha,t?Clantl security >upppri ~ ~ . programs and ongotrg DIi.S 1Vntional-i>YhtBtlves ` y x' Z' 1F` ~X Y ,'Y Y~ Uavolrs ~ . evole at~eneR ~spnd atooois Y_ Y Y Y j(.. ` _ t;N 4Q sn1DA1; . Y~1t ~ Y - 4}6~fsh, or ovaiuatc tii~i" re voluntae~prp~raryia ~ ~ Y Y Y Y X Y Y` Y Y Y Ong ~C:4ur~* or part [Heats or con: ` "apn3uuafiis • , . to as~tst uvith plannir?g apt)ytt[es (not for the'purpQa4 of hiring ~i1io safely personnel fulfilling fraditiunal y Y. X Y Y Y Y 1~. Y Y Y Y pul~lio ~ftxy ihnios) aringedto .)lilac! lahiim eCtivlug . • _ . lcla aquued ti} oondufit fermi : iQae?vFp .Y Y Y. 'j' Y X " Tn1veU' er d~erh r4: to fanning uctiviii49 . ` Y .X 'Y. Y It . Y X . Y, Y (Sve2'htncand ~ trl oos~ (IAW oDeriuo . . nal Cost OuidanCa)' X' Y Y Y Y Y Y Y 'Y for iict pneq~ sY th pc1Qr ov. ' m T ` Y ,.Y Y Y Y X . Y• , .OveMi~6i'ifr Yh~OrnliillWn. Ittvesu~sr~e, ~nsf . , intelltgrirgs. shAring al&ivhte4 (fit ~ 2S pereant ofthe y Y' albdation). , fteimbu ' Brat fot Salecl cparational 8 • assoalat~d:wlth itt4naisfid sa~rity measuro! n orrtical ' inf'rasltuotute silo} iitaurtail during patirida of 15HS- .Y yf Y declared Loge .Urppgc liiring t~f filly pori~rrto ~ or contraetiirs for. emer~ncy mw~ag•,?Laativitios . - ..y X y ~Nlringof` otlnsullAats fot p; ' =tlpation.M . infonnatl9~ntolligitnae analysis and sh~irig groups or fuaican center activitt4s (limited to 23. peiaant of the Y Y . eltncation). D-1 " p vi;. ui ~ : plq~~v~, er tfBaUpn and Reai~d~nt big ~ ~ Qpo I©rl~i t~[v Reacuis • Pmt - 1f Y . •Y Y 1(. ~ y' y ~ orrgetion ach Y lt'' ~ ~ Y ~ _L'Au Grit y ; ,`f ~ • Y y' X ~ a~1eC'outHiunuaiions uipm~nt ~ fir:. Y~ y'. ~r - ~tt_ t Y• ~ beeoptshl ns otl u meht ; T ~i ' atenslo ~ i n tt t .4s si«<v+Qhides _ i"",: lon ~qu "..t X ~ . • ~ ~ . • Ph i ~ . ~p ty oemon4 i ~ . Y Y. Y Y X t!':~ ;..'in steins Y X ,.:Y Y AB~1~iRure ~ ~r'ti ent on, Iteapon~c ani!`" • Mihon ~ E X ~ Y ~t raft X Y y y ,X ~ 12Nf~° Yl~,cSit i merit ' ~ hp ist SL _ ~pmegt y 5l ltlto~vbn 1 ynt _ Overtitfi~? aMtl i~. ~ #b~' alfteigQrioy Prod nitd . - , : . iesppnaepet#gnrlslettending..(3&Tsponsbredand, X Y X Y Y .Y Y .X .X .Y , me and ` 1 e~tpen.,ra forpart-f a iuid ' ' • voiyhteer t+inpifgty?~;y tesponsa pe~onnel•p~tlctpatin~ `X 1` Y• Y Y Y Y• Y Y: j( . . ; ' 'a~~. '4'ta n rAil enre; . . . . i~60t Ill AfN O CO t's/ . ts. _ , . y vb~ . ~ . rte, _ Y X' X. 'Y D-3 I ' ~ ' : ' 1 ~ _ ~ ~ ~xeTelse~ lat~ing_,yrotksiitl ~ : _ - . - - Y Y Y X X•. Y '•Y . FuIL oir pad-lf~g,eDst~'nr ci~ntraotn oonsylianls ...Y ' 7t~ Y • • y O,vor1&r~e and tll costs including expa~i3~ for . part~tlme end.votunteersmergency response porsenngl g Y Y :Y 'Yf~ Y Y. 3F partiailin8 fin;0&7' exareises : a vil±3arts , ,Y Y: HIr3t?g:pfhitl~;a pelt tiote 3taff'or • . cOntt4ctot5/~nsyltahts to assist with the mane$gmenl . ' ol'HSCl~, imphgnaittation of Stet6 Hotneiattd l~cC~Ity Y , Y ~t `Y Y Y Y Y ~ Y S , npplir,,ddon eequic+Qnerits, aompliipce with tacatlectioa. is • be~+e pijwa~ofcp~tlng~plansforlnformatott c©ilectiori and pt~eaaing naceseary to. respond so p~47` Y Y Y ~Y `Y Y Y Y Y Data ealis ' Overurda. bii:.•. 1-costs Y Y y ravq . Y 1i`.~ 1~' Y y. X Y Y j MaOtin .relet _ Y Y ,y . y , Author{zed ffitx ajtu ant `f' Y~ Y Y. Y Y Y Y Y Y Recu ' ng exponsasauch es thole assocu~ted with cell phones and faxss during tho period of perfdrmance. of Y Y : Y Y• Y Y Y' y the Qtant Leasing or rer?ting'of space ioe new y himd paFsoiw~l Y Y Y Y Y Y: ' dyrin the... od of ormance of the Grant Ptq D-3 Costs outiincd in file following.table are NQT allowed unless designated by a Those designated~by,a arc pgjy allowable in a limited capacity; Gl~ock the spccifie progratti guidance for dctaiied information: (3endtaN u~p 90RW~t!e, spmputet# snd tale t~:bcntlpm¢nt, _ vehml~rlioeniltl t~s ~ * o j~ ~ r+ ; . . ~,8t~n3:B1! /lil'I~Y11C1{_ 0. Cort7~cu6n aaci c~toVatibq (ONLY ilmtted renpvatton is agowabk to highlighted ,;Y?r• • * ~ * Fllnng oPpublio'sa sty peroonnei ftit file purpose of 4* ~ fuifilhng tradittoaal .~biio safiuy duties . • ; : . Aetivittes iplre atW ria completion and _ . impiemcnietion oP H~Gi' it' - f bthRr iienis not ui sa~t~eo'with"itt¢ AtGI, or peavi~u~Iy listed allowable eosta_ + a . _ D-4 i EXHIBIT H AUTHORIZED TRAINING " ' I ~ , ~ ~~WY[N..~I~I~Y S{sYIVJV, ~ ©.Vl.\{ /0.VlI~~DW~W~~~~ • ~ . ` C.4. ~''inin~ I; Y 2006 UASI funds may ho usal to enhance the capab4iities of State and local eiti~ergency pr4parednoss and. msponse personnel through develaprnent of a State homeland security trainir?$ • program, Allowable training-related casts include: 1, Pstablishment of 84~pport for, ooaductci and attendance at proparedness training programs vrithin oxisting training acadamies/institutions, universities, or junior colleges, • Preparedness training programs are defu,cd as those programs related to prevention, protection, response, and or recovery ~ftnro natural, technical, or manmade catastrophic • incidents, spppbrtitig one or more Target Capabilities in alignment with national prloritias i as statod :rn the foal; iraiamples of such programs include butere riot limited ro CBRNE. terrorism; critical infrastructure protection, cybsr security, and citizen preparedness, 2, Ovcrtitne and backtill hosts associated with attendance at Q&T-sponsored and apprcvod • training courses. UASI funding tray also be~used for training citizens in awareness, . prevention, protection, tosponse, recovery. skills • - ~ • j t'R~AREbNBSS AA.G M.NP~,iWU~~IV MYJNWW'IQ ~ , .84 ~ EXHIBIT i . Al1THORIZELI EXERCISES , 1 ' r ' . FY 2006 }IOMe1.ATID SECURrry QRANI' PROGRAM - A6GkMaER 3,2005 C.S. _ rcls , A[I l;Jrban Arcag arm required to develop a Mutti~ear Exercise Plan and submit It to fi&T on an ~ annual basis. While Urban Area specific. this blen must tim into thm Multi~vear $xerclse Plan developed by the State, and bo in i'uie with the Urban Area I3omeland geourity Stratmgy, Further, Uriian.Ar~eas arc 4neouraged to ~veiop a Multi-year Plan and Schedule that talecs into . coi~sidaration autie~}~atvil tirairdng sods o~f the Urban Ae~a for at kart the immediate year, with exercises being tuned to provide responders the- opportunity. to utilise training recoived, This . combined acheiule should :also ensure that training and exeroises complement each other. An example of a combined Multiyear TrAining and Exercise plan con be found at the bI,SE$P Website or C3d~T Secure Portal. _ I~rthei guidance concerning EPWs can b@ found in thm I~SEEP .Volumes, Urban Arenas are eligible to appiy for exercise direct support, but must do so incoordination with the SAA. PRBPAtCBDN@SS DIRECTggA7$'S'OFFIC~ ©F 6RANrS AIdD TfWN7N(} ~ ~ 85 I ~ ~ ~ ~ f ~ EXHIBIT J AUTMORIZEI~ PLANNING 1 ~ I - PY 4~6110MF.I.AND SL:CUkITY GRANT AItQgRAM-DRCG'ML~R 2, 2W3 Authorit+ed Pmgrem EYpcnditu~res Allowable expenditures. forthe FY 3tli)6 UAST program comport with I'I' 2004 SHSP (except fur the use of` hands for operational co;:ts). !'lease refer to Appendix D for a summary of authorizcd and unauthorized VAST expenditures: C.1. P ~nn.. . i ,Urban Areas may use FY X006 UASI funds for rau4ti~cl~scipline planning ei'l=urts to prit>ritize needs, update preparedness strategies, allocate resources, aid deliver preparedness programs. These efforts include the collectiat and analysis of intelligence and information and the development of policies, plans, procedures, tnutuai aid agecarr9ants, strategies, and other publications shat .comply with relevant laws, regulations, and guidance necessary to perform ' assigned missions algid ta:5ks, tt is ~acplicitly pcrmissil~le to use planning.funds to hire gavemment andlor comractor personnel to conduct ptanbing activities described bore. Similar to SHSR, F~ Zt)06 [JAS! funds maybe used fora •range of homeland security platuiing activities, such asc • • l~vcloping and impklnanting Homeland security support pt+ogrants and ado}ating DHS national.inltiatives including but not limited to the following; o lmplemontiag the National Preparedness Goal and Guidance; ' o Implementing and adopting l?]IbIS. ~ ' . o Modifying existing incidBnt management and Emergendy Operating Pa+oce.clures (1~01's)~to ensure proper alignment with the N1tP coordinating structures, proeesses,•and protocols, o l;stabl.ishing er enhancing mutual aid agreements, o rievefbping communications sad interopvrablity. protocols and solutions. • o Gonductipg IACaI, regional, and Tribal pmgratn implementation meetings. o Develpping orupdating. resource inventory assets in aeeordatlce to typed resource ..definitions issuedby the NIC. - o Designing State and local geospatial data systems. o Conducting public education and outreach campaigns, including promoting individuals farnily~ and business emergency preparedness; alerts and warnings education; and evacuation plans. ~ • Developing related terrorism prevention activities iacluding: • o Planning ict enhance.security during heightened alerts, during terrorist incidents, and/or during mitigatiorrand.recovery. ' o Multi-discipline preparation across first responder convnunity, including EMS for responses tsa catastrop1ric evcnts.and acts of terrorism. o Public- infonnationhiduestion: printed and olactronic materials, public service announcemenk~, seminacslteswn Bali meetings,. web postings coordinated through love! Citl'zen Corps Councils. o Citizen Corps volunteer programs and othw activities to strengthen citizen . participation. AkEPA1tEpN1?5$ DIREC'(nRA7@'S OFFICE' OF ORAM'fS AND TRAINING $Q i ~ ~ ' ~ ~ r FY 30D6 FIOMGLANb SRCURTTY QRANT PROURAM - DECEM61iR 2: 1003 ' j o Conducting.pttblic education campaigns, including promoting individual, family and business Gmergcncy preparedness; promoting the Reddy campaign; and/or' cretiting State; regional or local emergency preparedness efforts that build upon I the Ready campaign, I o Eva~uatilg Cl!'secu~ity equipment and/or personnel requ.'n,emcnts to protect and.. secure sites. ' o ClA casfiassessments, including resources (financial, personnel, etc.) required for , . security enhancemcnts/deployments. • Developfng: and enhancing plans and protocols; urcluding but not limited to: ~ • o Developing or enhancing FOPS and operating procedures: o Developing terrorism preventioNdcterrence loans, o Developing plans.. procedures, and requirements for' the rnanagemcnt of intrastruahrte and resources related to Hgt~P and implementation of State or j Urban Area Horaeaand Security Strategies, , • o D4weloping.or enhanl{irig bolder security plans. . o Devclopigg.or enhancing cyber security plans. o Developing or enhancing cyber risk mitigation plans, o . Developing or ennhancing agrieuiturelfood seaun'ty risk mitigation, .response, and recovery .plans. o Developing: public/private sector partnership emergency response, assessment, and'rESOrirca sharing plans. ~ o Developing or updating local or ro~ional communications plans. o Developing plans to support and assist special needs jurisdictions, such .as port autlxorities and rail acrd mass transit agencies. ' . o ' Developing cr enhancing continuity of operations and caMinuiry of government plans.. a Developing or enhancing existing catastrophic incident.response and recovery plans to include and integrate Federal assets provided under the Nltl~. a Developing pi enhancing evacuation plans..- o Developing or enhancing citizen surge capacity. • DovoMping or coiKiucting essessmems, including but not limited to: o Conducting paint vulnerability assessments~at critical infrastructure sites/key agsets and developing reril~iatkin/sccurity plans. o Candus<tirig cyber risk and vulnerability assessments. o CondusrtinS assessments and exernises of existing catastrophic incident response and recovery plans and capztbilities to.identify. critical gaps that dannot be met by existing 19ea1 attd State resources. • o Activities that directly support the identification of specific catastrophic incident priprity rosponsc'ald recovery projected needs across disciplines (c.g. law cnforcemerit, fire, EMS; public health, behavioral health, public works, agriculture, information technology, anti, citizen preparedness).: o Activities that directly support tl~ identif">cationend advance preparation of pre- designated temporary housing sites. PREPARbDNIESS UfRRC7+ORATE'S OFFICEOFURAN7'S AND TINININO $1 EXHIBIT K AUTWORiD_ORGANIZHTIONAL ACTNI'fii>*S i j ' PY 2006 IIOMf3LAND SECURITY aRAN'r PRODRAM - DECEMDER 3005 ' C.x. Or~atljaa States and Urban Areas may use FY 2006 UASI funds to support sealext organization.activities. States and Urban Areas must justify pr+nposed expenditures of IJAS[ funds to support I organization activities witlrln their lnvest[nenf Justification, submission using. historical data and athear analysis. to substat'Itiate their proposals. No more than 25 n_,,,,~e_rcent of tbo mss atnotmt of thi, allocation fa~C this program,tttay bat used for operational expenses. and overtime costs for the three (3).operatlonal aetivitl¢s rre>ted blow. i 1, Operational overtime costs associated with increased security measures at critical ' infrastructure silos during periods of DHS-declared heightegad alert: UASI: Up to 25 percent of FY 2006 funds nuty be used in UASI jurisdictions. ' • , Of thls 'amount; up ter 10 percentntay be used for costa in¢upred during t:ode Yellow • or Orange. ~ . ' • The remaining l 5 pereetet relay be, used for casts uneurced only during OaOe tJrangr,. • Operational ovfrrtirrle eASts incurred at National Special Security.. Evegts (t1S~ts) in UASI jurisdictions, as designated by the Secretary. of Homeland Sescurlry, are also alloweid. • Staters with UASI jurisdictions can use funds retained at the 9tatc level to reimburse. eligible 4p6mtional overtime expenxas incutretl by the State (up to a tnaxirnum of 2S percent of the State share of the UASI grant)..Heiweyer, those activities must directly support increastd security measurQS cnacte~ in the UASI jurisdiations..States should, be judicious in. the use of Federal grant funds when protecting critical infrastructure , and- should leveragc.public/privates partnFrships. States should also consielet the user ' of private assets in the protection of private facilities: ' In. support of thesep efforts for enhanced capabilities of detecting,_deterring, disrupting,.and prcvwliting acts of terrorism, costs ellgib~le for rafmburseinant under this policy are identical to those deemesd allowable under previous Code Prange; alerts. Therefore, subject to the conditions. stated above, States and local .governmients rreay u.se FY ZOOb~UASI funds W support seirzct operational expenses associated with increased seacurity. measures at critical infrastructure sites in the following authorized categories: • Haekfill and overtime expenses for staffing State or local emeargency operations centers (EOCs) }Tiring of contractead security. for critical infrastructure sites ' • Public safety'overtime ' + National duard deployments t9 protract critical infrastructure sites, including all resources ' that are laart of the standard National Guard deploymnnt package • increased border seseurity rieitlvitics in coordination with GBP as o~lined ill Information . Bulle:im #I3~.a'. . Presprrtcd opct'atiwaal aclivitiys: sho~lld eoaphaaixe= thebe. ~oastres drat will increas¢ balder ~ul'rty In direct ' i~oordlrietioil wlih C$p Ix~,lnel: 5rnte kxef, •tld'r't1ti41 law enfo~emea>t'paaoenet.may provideinar~ased. eiiPor+rSamettt pra9anca try generally ii?otenring t}lelr poerol pt+e st the bc+rdd; by provWirlg nddtt'lonal.uaff is PRFPAREDNESSDIRLFCiORA'IE'SOFFtCRrOFriftllTiTSANDTRAINING ~ H~ ' FY 2~o6J10MELANq BP.CURITY GRANT PROGRAM= UL'CP.MBER I, I11U3 Consumable cysts,-such as fuel expenses, are irot allowed except as part of the.standard ' . National Guard,~eploymen# package. . 2. Uva~ttitit ~cists are allowable fQr perso4uits# to~paiticipatc,[n inforntatien, ittvestigaiive, and inteiligenctr sharing activities spt~ttically >aelated tq homeland s+ocuritj!. '['his incltulcs activities such as anti-terrorismtask forces, Joint Terrorism Tank Forces (J7TF),. Area Maritime Security Committees (as reyuired~by~thtr Maritime Transportation Security Act of. 2002), and T,orrorism lariy Warning ~1BV1~ gronPs• . 3. Grant funds may be used towards the hiring of navy staff and/or contratstors to serve as intelligence analysts to support.lnforntatioiilintel(i$ence.fusion eapabtiiti~s, In order ta_ be hived. as an Intelligence Analyst, staffand/or contractor personnel must have successfully • coiitpietcd, training to ensure baseline pfoficlancj! ip irrtelJrgerrce analysts anal prorlucliarr. F`uithermoie, costa associated with hiring new intalligtritce analysts are a~llo~vable only far the period of ~rfomiattce of the~l'1'~~006 UASY and 1..I?TPI' programs. llpan tslose+out of the FY 24U5 g~raats, States and Ilr~an Areas shell bc'eesponsibla for supporting the sWstainment costs for those inteiligerJCe analysts. ~ ~ ~ ' Tlte.International Association of Law ~Enforeetnent Intalligenee Anal}+sts' (IAI,EIA) Edt~atlonal standard # 7 (page I4 of tiro IAi,EIA Analytic Stardards~ booklet) provides stati~airds on the cat©gorios ofpaittiirg lid for intaltiganco analysts. Tiiasa in~Iude ' subjc:ct~mattcr oxpettist;; analyutc rttetltodolog'tas, c~tJJStomerservice athias, infart!'lation i handling~and :procCSSirg skills, ciitiral thinking skills, computer literacy, and objectivity and iritcllectusi honesty. Successful eompletron tht following courses satisfies the iritelligenea analyst training tayuirement • irotalligcnce Analyst Training Program (FIrETC). • Froundations.of Intelligerlea AJalysis Trhiniitg (Internation8l Association of Law >riforccinents InfeUigbnce Analysis). ~ Additional courses are being identified end will beahat~ed as soon as possible. A cer`tl~rate . of ca»tpletlon of such tral„1~g Jtitt<st be on;/!le wlllr the SA.4 and shar<Id be made avallablr to Preparedasss Ofj'tcers open regaes7 apon the hJring of ptrson~tel. conlml support au the boidurand at border patrol ~aftic chedcpolrus; slid hY. eohar>cing their partieipgtiAa in.th¢ Integrated i~order F,nforecrnent' Teamt. 7~Is pbllcy doe3 not resillt in o ohangci ontactenaton of Pedixal ~tithoi[tq to State, 7'rihsi;'of iota! levy enrorcement a~enoie9 to.cnforoe'>F.edersl hnmigratior?1arv~. IfiFedetsl immigraikn~ ' vtoHtions are a>cotultbred, oonsisteiN with cutralt practices, State, i~b arxl Tribal agdticies rosy ntfar thoxit violations to CHP aiNhori?ies ror appropriate action. No funds may be obiigatod or drawn down in atippgE't of thcae actlvitiaa wiHlq+rt HQ-Ct3P ~pprovAl ofope[atiitnat plans aind ~yittwut wbmiss'ion to an4 Apprgval by! RcT of~udget detail workateetp. $tat6, local, anti Tri!>xi Inw ec?torcemer~t ~esldes shall not ase this 11u?ding to supplfart routine pntnil and law enforrsmont operatiorls`or acdvitiia in order to' perform other aalivhies ei4t tiiriotiy related to provid'mg an artHanoad lew erlforcemotlt presence. PREPAREDNFSS<)1RECTORAT6'S.OPFIGEOFGRANTSANDTRAININfi ~ $3 EXHIBIT. L REIMBURSEMENT REt~UEST FARM } G17'Y QF LAS ANGELES URBAN AREA 5ECt1RiTY !N!I".iATtilE GR;Ah!'~ ' reimbursement request Form 1,eturn Ralmbursemeitt F2sduesfis to: t3achsf Tk~tch Core Gity: Mayor's Clfflce of Hameiontl Security anh Public Saf~:ty . zoD;~;. sprfno sr., Room -i7SA f~equesfing Rgentay; Los Angeles, CA 9DD1: Phone: 213.878.07D1 R61mf~Ur3t3ff18t1i Pntiod: ~tp Fax: 213.~J78.0718 racilel.tkatch~ita_city~ Prenarsd t3y: ' . f~hone No.. UASI FY03 Part 1 I'_l ~ unsf FYD4 rJ I'leesa markthls'box to intilcedo tir•1ai ' UASI FY(33 Part.2 ? UASI FY05 ? LinE: request for reimbursement . Type of Expenditure Authi~rizsd ~reviousiy Current Currtutrxtive Belenre 1'ota4 Amount 1~equest Request tae .ur~st E 'ui merit Exercise . 7rainin ' Plannin t7 erationai Activities ~ ' _t Mena ement &.Admin g,~= 'Cotal , This relmburseme»i t:Jcilnr is !n all re,~pects true, cprrect, and al! expenilffures were made fn accordance with appJrcab/e /ativs, rules, regulations, x~r)d grant conditlnns and assurances. /n addition; this cfalni is fiat cost inqurract tvlthin Elie C~rarit Performance F~eriod. Also, all supporting documentation related to ~ , thess sxpenditares wfll !~e i>3tained in eecardance with grant>~ulcJelines, Auth~arized peparfinent Approval: l~ft~ase 12em1t lsaymertt to: Print Name Name - 7it1B Address Sf~nr~turrs Date City Stafe Zip Phone Na {extension) Fax No. F2eferenca No. ; . - ~-mall Address r.::..:.:.::• : ::Tt? l?e,~e+.n ;Ii~YEti..'by H51?S.~Adi;t!aittlrt ~;~i.e :~rfmiaxtt . : . . : ; . FIi3"/CZ~S Rstmbursemont Rsquest By: Transaction tU:~__,_•,,,~__ 6ate:,~_ DHS/q~S Rehribur9oment Received:~,•,~_.._,_ Cash Rocefpt No.~~ JV' No. Transfer to Depart 13a1e: _ JV Nn. _ • EXHIBIT M PURCWASING DETAIL WORKSHEET i~ ~ I FIRST SUPPL~M~NTAL TO AQR~faiVIENT NUMBER -1.1. 101 OF CITY. OF LOS ANCIrL~S CONTRACT I~S"f`W~~N . THE CITY O~ LOS ANGELES AND THE-CITY OF V~RNON .THIS SUFPL~MENTAL AGREI~M~NT to Contract Number C-113~U1 of .City of Los Angeles Qontract is made end entered inta by and between tfie Ciiy . ofi L-os Angeles,' a municipal cvrparation> (hereinafter called the ,"City,"), and the City, of Vernon, a municipal corporation (hereinaftEr called "City. of .Vernon" or ~ I .,Contractor"). - WITRIES:S~TH WH~R~AS, the City and the .City of Vernon have ®ntered into an Agreement wherein the City of Vernon shall.provide certain services and the City ' shall pay for them using. UASI 06 Gr.~n# Funds; said Agreement effective August 28, 2fl06 through. March 31, 2008 shall hereiinafter be referred to as the Agreement; and WHEREAS, the Grantor has extended the ®nding date of UASI. 06 on a ' project by-prvjbct basis; and WHEREAS, the City and Contractor now seek.to contintae Contractor's , • services as described elsewhere in this Agreement;. and WHEREAS,.vn April 18; 2006, the Los Angeles City Council authorized (CF# 070582) 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 teefiniaal error in the Agreement which allocated • only $267,880; -and WHEREAS, the City and the Contractor are desiratas of correcting this ' technical errtar; and WHE "F~?S, the City Is authorized to cvrceet this technieal error,, and add additional time to the Agreement, pursuant to LQ~ Angeles Administra#ive Cede ' . Section 14.8;. and WHERE~A~; the City and ion#ractor seek to supplement the Afire®ment to ' (a) add Two Hundred'v'w®Ive Thpusand Nina Hundred Twa dollars ($213,9Q2) for a new .total-of $471,482; (b) ext®nd th® Time of Perf©rrnance end {c) make s.wch -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 Loe Angeles & City of Vernon UASI 06 ~ ~ NOW, TH~R11=0RE, the parties her®by covenant and agree as follows:- 1. Contract No. C~1131~g1 is attached hereto as Exhibit 1 and incorporated herein by. this refererlce. The terms and conditions of said Contract shall be the terms and conditions of this ~ . Supplemental Agreement, Except asexpressly-modified herein. 2. section 201, Time of Performance, is deleted and replaced by revised Section 201, Time of Performance: The term of this Agreement sMa11 commence on August 28, 2008, and end as follows: training, as specified in this Agreement, must be completed by September 30., 2408 plus any additional period of time as is required to complete the close out activities; the purchase and distribution of equiprr~ent, as specifed ire this . Agreement must be .completed by November 28, 2008 plus any ..additional period of time as is required to complete the class vut activities. Alternatively, this Agreement may terminate earlier upon • the final disbursement of all of the Grant Amount (as d®fined in • Section 301) Said term is subject to the provisions herein. • - This.amendme.ntcdds additional tim®, 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 tha current total dollar amount of $27,580 .and replacing it with the new total dollar amount of $471,482.. This amendment adds funds in the. amount of $213,902 that w®re omitted from. the Original Agreement due to a technical error. 4. Except as herein. amended, all terms end conditions of the Agreement shall remain in full force and effect: 5, This Agreement may b® executed in one or more counterparts, • each of which will be~deerned an original, but all of which together will constitute one and the same instrument: finis Agreement includes three (3) pages which constitute the entire ur~CterStanding • and agreement of the parties. First Supplemental Agreement 2 7108 City of Los Angeles & City. of Vernon . UASI06 i IN WITNESS WHEREOF, fhe City and 'City of Vernon. have caused this • A regiment tp be exectrt~d p fheir.dul , autf~orl~ed rt~~entatives, . AI'PI~OV D A~ 7~ ".M AND' For: TH ~ CITY OF LQS ANGELS ~ ~ . I;EGA4ITY: ROCKARD J. D~LGADILLO, City ~ ANTONIO ILLARAICOSA, Attorney Mayer • By BY Deputy City Attorney An nio R. Villaraigosa, Mayor ~ . Homeland S®curity and Date PufiliG Safety, Meyor's Office . Date AUG 4 ~Q09 ATTEST: Karen Kalfayan, pity Clerk ~ ~ . By Depwty Gity. dark Date . ~ • . • APPROVE AS tQ ~C1RM: , . • ' For.. City of Vernon, a municipal corporation ~y y ~e/ ~ H aCison B • Le is C. Malbu *g, Ma or ' Dat@ ' / . Date ATT~S7 By t~it~ Clerf~ • Man ~:lg ron Date ~ . lty Business l.icens~e Number . _ . - . Intemal.Fievenua S~niiee ID Numb®r:. ' Council File/OARS itilc Nu r' ~Ja#e of Approval ~aitl Agra.®ment is Number ~ ~ of ~Ity Contr~czs First Supplementai Agreement 3 7/08. City of Los Angeles & City of Vernon UASL06 • O~ ~ ~'Z ~ ' APPROVED- MAY ~ ~ 'U9 CITY C~tJ~IClL STAFF: REPORT Fire .Department APR 2 9 2009 _ CITY CLERK'S OFFI DATE: April 25, 2009.. .~C~,.ITffY'' C I~f~K plsTRl uTION ~L.~T-. ~i.~Zr' TO: Mayor and City Council ~a~~~°" FROM: Mark C Whitworth, Fire Chie RE: Second Supplemental to Agreement Number C-113101 I am requesting that this item be placed on the agenda for the Vernon City Council, Second Supplemental Agreement to:Contract C-113104 between the.City of Los Angeles and the-City of Vernon in connection with UASI FY 2006. This Second Supplemental Agreement extends the time of performance to March 31, 2009. The attached two duplicated contracts prepared by the City of Los Angeles, are the second supplement between the City of Los Angeles. and the. City of Vernon regarding the Urban Area Security Initiative (UASI) Grant FY 06. The UASI agreement was approved by the City Council on January 8, 2008 Resolution #967.1. The cause for this second supplement was due to a lawsuit.initiated by AlI Star Fire Equipment against the contract awarded to LN Curtis for the CBRN-Self Contained-Breathing Apparatus. This law- suit has been settled in Federal Court and the contract was awarded to LN Curtis. Prior to the lawsuit we had purchased the SCBA's from LN Curtis and have not been able to request reimbursement with the lawsuit pending. With the signing of this supplement we will be able to move forward with-submitting for reimbursement. I am requesting that this second supplemental agreement is reviewed and approved by the City: Council. Uponexecution of the;supplemental, please forward them to Battalion Chief Lazar and he will ensure the return of the signed original to the City of Vernon. Thank You CITY CLERK' S OFFICE INTEROFFICE MEMORANDUM To: Fire Chief Mark Whitworth From: Nelly Giron, City Clerk Date: July 2, 2009 Subject• Second Supplemental to Agreement Number C-113101 of • City of-Los Angeles Contract Between the City of Los Angers and the City of Vernon Chief, Attached hereto is a copy of the fully signed document referenced above, and a copy of Resolution No. 9953, approved and adopted by the City Council on May 11, 2009. If there is anything else you might need on-this matter, please let me know. .ng c: Resolution No. 9953 Agreement File 09-076 SECOND SUPPLEMENTAL TO AGREEMENT NUMBER C-113101 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE .CITY OF VERNON THIS SECOND SUPPLEMENTAL ("Second Supplemental") to Agreement Number C-113101 of the 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 that certain Agreement Number C-113101 of City of Los Angeles Contract (hereinafter "Agreement") wherein the .City of Vernon shall provide certain. services and the City shall pay for them using grant funds from the Urban'Area Security Initiative for year 2006 ("UASI 06"), said Agreement having a term of August 28; 2006 through March 31, 2008, the execution of such Agreement being authorized by -the Los Angeles City Council (C.F. # 07-0582) and WHEREAS, on or about December 10, 2008, the California Governor's Office of Homeland Security extended the subgrantee performance period for the - UASI 06 grant from March 31, 2008 to September 30,2009; and WHEREAS,- Section 505 of the Agreement provides for amendments to the Agreement; and WHEREAS, on or about August 22, 200'8, a First Supplemental Agreement fo the Agreement (the "First Supplemental") was executed by the City and Contractor to (a) extend the original performance period term of certain budget line item projects to be completed pursuant to the Agreement and (b) correct certain technical errors regarding budget allocations for the Agreement, such action taken pursuant to authorization provided under Section 14.8 of the Los Angeles Administrative Code; and WHEREAS, the Office of the Mayor, Office of Homeland Security and Public Safety ("Mayor's Office"), which has been designated by the City to administer the Agreement and the project contemplated therein, desires to further amend or modify the Agreement and the First Supplemental for the purpose of extending the time of performance of all budget line item projects to be completed pursuant to the Agreement to March 31, 2009 pursuant to -authorization. provided under Section 14.8(a) of the Los Angeles Administrative Code; and Second Supplemental, UASI '06 1 12/08 City of Los Angeles & City of Vernon WHEREAS, the City and the City of Vernon are desirous of entering into this Second Supplemental for the purpose of amending or modifying .the Agreement and the First Supplemental as authorized by Section 14.8 of the Los Angeles Administrative Code which authorizes the City to prepare and execute an Amendment to the Agreement for the .purpose. of (a) extending the time of performance for Agreement Number C-113101 of City of Los Angeles Contract and the related First Supplemental to March 31, 2009 as more fully set .forth below; and (b) making such other changes as-are required in connection with the- foregoing, all as detailed elsewhere in this Agreement; and WHEREAS, this Second Supplemental is necessary and proper to continue and/or complete certain activities authorized under the Agreement and the First Supplemental. NOW, THEREFORE, the parties hereby covenant and -agree as follows: 1. The Agreement and the .First Supplemental, both of which are attached hereto as Exhibit 1, are revived by this Second Supplemental and incorporated herein by this reference.. The terms and conditions of said Agreement and First Supplemental shalt be the terms and conditions of this Second Supplemental, except as expressly modified herein. 2. Term: The performance period term of this Second Supplemental shall be as follows: (a) For training: The performance period shall be from October 1, 2008 to March 31, 2009. Such term modifies the term of the Agreement and First Supplemental which' was originally from August 28, 2006 to March 31; 2008, and subsequently extend to September 30, 2008 by the First Supplemental (b) For purchase and distribution: The performance period shall be from November 29, 2008 to March. 31, 2009. Such- term modifies the term of the Agreement and First Supplemental which was originally from August 28, 2006 to March 31, 2008, and subsequently extend to November 28, 2008 by the First Supplemental. - (c) For all other budget line -item projects to be completed pursuant to the Agreement and First Supplemental, the performance period shall be from March 31, 2008 to March 31, 2009. Such term modifies the term of the Agreement which was originally from August 28, 2006 to March 31, 2008. 3. Except as herein amended or modified,- all terms and. conditions of the Agreement and the First Supplemental shall remain unchanged and in full- force and effect by way of this Second Supplemental 4. Ratification Clause: Due to the need for the Contractor's services to be provided continuously on an ongoing basis, Contractor may have provided Second Supplemental, UASI '06 2 12/08 -City of Los Angeles & City of Vernon services prior to the execution of this Second Supplemental. To the extent that said services were performed in accordance with the terms and conditions. of this First Supplemental, those services are hereby ratified. 5. This Second Supplemental 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 Second Supplemental includes four (4) pages and one (1) Exhibit which constitute the entire understanding and agreement of the parties. Second Supplemental, UASI '06 3 12/08 City of Los Angeles & City of Vernon IN WITNESS WHEREOF, the City and the City of Vernon have caused this Second Supplemental to be executed by their duly authorized representatives. APPROVED AS TO FORM: _ THE CITY OF LOS ANGELES, a municipal corporation ROCKARD J. DELGADILLO, :.City Attorney = ANTONIO R. LARAIGOSA, .Mayor Depu i ttorney By -Date ~ ~ ~ ~ Antonio R. Villaraigosa, Mayor Homeland Security and Public Safety, Mayor's Office ATTEST: I Date June Lagmay, City Clerk By Deputy City Clerk a max. . Date , ~ G _ APPROVED AS TO FORM: THE CITY OF VERNON - a municipal corporation By By iV~,~ City t rney Date 7 ~d ~ = Date 2-~ b ~ FATTEST:. By Clerk - Date ~ 7 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 Second Supplemental, UASI `06 4 12/08 City of Los Angeles & City. of Vernon EXHIBIT 1 :1 is ;ti A~REE~MENT .Contractor:. Gity of Vemon City Gonfr~,et Number ~ ~ ~ l ~ r } .i i j ~ ~ TAQ„~ CJF ~ON'1'~N Section De~~criQ,t~'Qn Pad INTRODUOTION §:101. Parties to the Agreement X102. Representatives of the Rarties and Service of Notices §1Q3. Independent Party §104. Conditions PrQCEdent to Execution e#-this Agreement 6 L~ TBRM AN,Q SERVES TO BE PROVIDED §201. Time of Performance 7 - §202. Use of Grant funds 7 §203. This Section is Lefk Intentionally Blank 7 Ill PAYM~N §301. Payment of Grant Funds and Method of Payment 10 IV STANDARD PRO~/IS.IONS §401. Construction of Provisions and Titles Herein 11 §402. Applicable l:aw, Interpretation and i`nforcement 11 §403, Integrated Agreement 11 §404. ~xcuSable delays 11 405. Breach 12 406. Prohibition Against Assignment or delegation 12 §4p7. Permits 12 §40$. Non Discrimination and Affirmative Action 12 §40g. Los Angelas City Business Tax Registration Certificate 13 UASI O6 Qov`t PSA i 5/07 Vernon TAB~E,OF CONTENT'S Sec 'on.D criation- paac §410. Bonds- 13 §411. Indemnification 13 §412, Conflict of Interest ~ 14 §4.13. Insurance (This Section is Left Intentionally blantc) 15 §414. Restriction on Disclosures 15 §415. Statutes and Regulations Applicable: to AlI Grant Contracts 15 §41 fi. Federal, State, and Local Taxes 23 §417: Inventions, Patents and Copyrights 23 §418. Earned Income Tax Credit 25 §41 g. Equal benefits Ordinance 2g §424. Contractor Responsibility Ordinance ~ §421. Slavery Disclosure Ordinance. 25' §422. Child Support Assignment Orders 25 §423. MB~MI$E V bEFAULT~, SUSPENSION, T~FtMIN~1,~'ION,,~„ANf,~AMENDM~NTS. §5Q1. Defaults, 26 §502. This Section is Left Intentionally Blank 26 §503: Thts Section is Left Intentionally E~iank 26 §504. This Section is Left lntenttonally Flank 26 §505. Amendments. 26 VI EN?`IR~, AGF~,, EMENT §601. Complete Agreement 27 ~fiQ2. Number of~ Pages and Attachments ~ 27 Execution (Signature) Page 28 UA~106 Gov't P$A li 5107 Vetn4n ' } ~ - f ~ r _ ~ Exhibit A Inswranee (Not applicable to this Agreement) F.;xhibit 13 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion lower Tier Covered Transactions F;xhibit C Certification Regarding Lobbying Exhibit D This Section is Left Intentionally Blank Exhibit ~ Grant Assurances Exhibit F Equipment Ledger F:.xhibit G Allowable Cost Matrix Exhibit H Authorized Training Exhibit F Authorised Exercises Exhibit J Authorized Planning Exhibit K Authorized Organizational Actvities- Exhibit L Reimbursement Request Form 1=xhibit M Purchasing Qetail Worksheet UASi o6 Gov't PSA iii _ 5/07 Vernon AGREEMENT NUMBER 4F CITY CQNTRACTS BETWEEN THE CITY OF LOS ANGELES AND THf* CITY aF VERNON THIS AGREEMENT is made and entered into by and between the City of Los Angeles; a municipal corporation (the "City,"), and City of Veman, a municipal corporation (the "City of Vernon" or "Contractor"). WHEREAS, the U.S. Department of Homeland Securi#y ("DHS" or "Grantor"), through the Office of Grants and Training (G$7), has provided financial assistance • directly to selected jurisdictions through the Fiscal Year.(FY) 2006 Urban Areas Security Initiative ("UASI 06"); and WWEFtEAS, this financial assistance is administered by the City of Los Angeles and is over~s~en lay the California Office of Homeland Security (OHS); and • WHEREAS, this financial assistance is being provided to address the wnique 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/L,BUA")consists of the City of Los Angeles, the .City of 4ong Beach, the unincorporated area ofi the County of Los Angeles, and 27 participating jurisdictions, including City of Vemon); 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 i_A/LBUA; and WHEREAS, the City has designated the Office of the Mayor, Office of Homeland- Security and Public Safety ("Mayor's OfFce") to provide for terrorism prevention and emergency preparedness; and . WHEREAS, the Mayor's Office now wishes#o distribute UASI 06 Grant Funds throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of Vemvn and others; WHEREAS, the City and City of Vemon are desirous of executing this ,Agreement as authcarized by the City Council and the Mayor (refer to Council File Number 07i0~82) which authorises the City to prepare and execute the. Agreement. N4W; THEREFQRE, the City of Los Angeles and City of Vernon agree as follows: UA:~i Oov't PSA ~/0 . r INTRQDUC=TION §101. Parties~o th .Agreement ' The parties #o this Agr~ernent are: A. The City, a municipal corporation, having. its. principal. office at 200 North Spring street, Los Angeles, California 90012; and B. City of Varnan, a municipal corporation, having its principal office at 4305 Santa Fe Avenue, Vernon, CA 90058 §102. Reoresen~atives Q,f the, Partres and~Se~y,~re Qf Notices. A, The representatives of tttQ respective parties, who era authorized to administer this Agreemen# and to whom format naticas, demands and communications shah be given are as follows: 1. Tha representative of the City of Los Angeles shall be, unless otheruvise stated in the Agreement: Arif Alikhan, Deputy Mayor Office of the IVlayor Homeland Security and Public Safety 200 N. Spring Street, Room 303 Las Angeles, CA 90012 Phone: (213) 9780687 Fax; _ (213) 97&0718 Arif.Alikhari~lacity.org 2: The representative of Gity of Vernon shall be: Manuela Ciron, City Clark 4305 Santa Fe Avenue Vernon, CA 90058 - Phone: (323) 583-8811 Fax: (323) $26-143$ ngiron@ci.vernon:ea.us with a copy to: UASI GoWt PSA s/07 [David Lazar, Battalion Chief Vernon fire Department 3375 Fruitland Ave Vernon, CA 90088 Phone: (323) X83-4$21, ext .512 Fax: (323) 5830495 dla~ar@ci,vemon.ca. us B. Formal notices, demands and communications t0 be given hereunder by either party'shall be made in writing. and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed cgmmunicated as of the date of mailing.. C. If the name .of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accprd with this section, within five (3) business days of said change. §103. I~det~endgnt Party City of Vernon is acting hereunder as an independent party, and not as an agent or employee of the City of t.os Angeles. No employee of City of Vernon, is, or shall be an employee of the City of Los Angeles by virtue of this Agreement, and City of Vernon shall so inform each employee organize#ion and each employee who is hired or retained under this Agreement. City. of Vernon shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City of Los Angeles. §104. Con itions ~rec~dent to ExecutQp of This Agreement City of Vernon shall provide copies of the following documents to the City of Los Angeles, unless otherwise exempted. A. This Section is left intentionally blank B. Certifdatians Regarding Ineligibility, Suspension and Debarment as required by F.~xecutive drder 1284$ in accordance with. Section 415E of this Agreement and attached hereto as Exhibit D and made a part hereof. C. Certii!icat~ons .and Disclosures Regarding ~.obbying in accordance with Section 415E of this Agreement and attached hereto as Exhibit C and made a part her®of. City of Vernon shall also file a 13isGlosure Form at the end of each calendar quarter in which there occurs any event requirir?g 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 ~~07 it T~R„~,~N_ t? S~RVICE~ ,T0~13E PROVIDED §201, Time.of Perfarryt - nce , The term pf this Agreement shall commence on August 28, 2006 and end on March 31, 2U013 or upon-the. final disbursement of all of the Grant Amount (as defined in Section X01) 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. lase of Grant Funds. A V®mon and the City have previously completed a mutually approved Budget/~xpenditure 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 Vemon 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 Cityregarding . performance of. the Agreement; Reports shall be in the form requested bythe 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 Cast Matrix, to the EY 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 far the UASI 06 Grant can be found at OMB Circular A-102, Title 2$ C.F,R. Part 66.36, and Office of G&T Financial Guide. Any equipment acquired or.obtained-with Grant Funds: 1. Wily 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, end law enfdreemgnt agencies within the jurisdiction of the applicant; 2. Is consistent witlti needs as identified. in the Stste Homeland Security ~ Strategy and will be deployed in conformance with that plan; 3. Will be made available pursuant to applicable terms of the California Qisaater anal Civi! Defense Master Mutual-Aid Agreerr?ent and deployed with personnel Veined in the uee of such equipment in a rnanrter UASI Gov't PSA S/07 i i - consistent with the Califorr?ia Law Enforcement Mutual Aid Plan or the California Fire Services-and Rescue Ntutual Aid Wlan. Equipment acquired pursuant to this Agreement shall be subject to the requirements of Title 2$, C.F.R. 68.32, 66.3 and Office of OAT Financial wide. 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 casts $5,00 or more per unit, or is expected to have a useful life of one (1) year or mare. Items costing less than $5,000, but falling into the following. categories are also considered Equipment: (1) electronics communications equipment for sta#ionary Ur vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, coders, electric- typewriters, personal computers (monitors and CPU's),. terminals and printers, 1. Equipment-shall be used by City of Vemdn in the program or project for which if was. acquir®d~ as long as needed, whether or not the project ov program continues to be supported by federal funds. When no longer needed far the original program or project, thy; Equipment maybe used in other activities currently or previously supported by a ~ederai agency. 2. City of Vernon shall make Equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work an the projects or program for which it was originally acquired. First preference for other use ` shall be given to. other programs or projects supported by the awarding agency. 3. A ledger, attached hereto as Exhibit shall be maintained for each item of Equipment acquired for the program. This record must be updated biannually and forwarded to the Clty. The record shall include: (a) description of the item of Equipment, (b) manufacturer's model -and serial ..number, (c) Federal Stock number, natianel stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) dote cif acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance . procedures to keep the Equipment in good running. order, and. (h) location -and condition of Equipment. Records. must be retained pursuant to 2$ C.F.a: Bart 66.42, and office of G&1'. 4. All equipment obtained and®r this Agreement shall have .an t.A/LBUA idenfrfication 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 Ieas# once every year or prior to any UASI, Mete ar Federal monitor visits: 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.ICit, page t34 (attached as Exhibit H) and must be pre-authorized by OM$ at http://www,calguerd.ca.gov/cajs-hs/nonsi~cpForm.htrn. A catalogue of Grantor approved and. sponsored training courses is available at http://www.ojp.usdoj.govfodp/training.htm. E. Any exercise paid. pursuant to this Agreernant shall conform to the guidelines as listed in FY ~OOt; Homeland and Security grant Program;: program Guidance and Application Kit, pg 84 and 85 (ITxhibit Detailed Homeland Security exercise and evaluation Rrograrn Guidance is available at http://hseep.dhs,gov. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as list®d in FY ~OQB Homeland and Security Grant program, Program guidance and Application Kit, pg 80 and $1 (Exhibit J). , G. Any organizational activities paid pursuant to thisAgreement shall conform to the guidelines as listed in PY 20i)6 Homeland and Security Grant Program, Program Guidance. and Application Kit, pg 82 and 83 .(Exhibit K). §203. This Section is Left Intentionally Blank ' IJA~I-Gov't PSA 5/07 Itl . PAYS §30't . _Payment of ,Grant Funds and Method; of P~ avment A. The City of Los Angeles shall pay to City of Vernon the: grant amount.Two Hundred Fifty-5euen Thousand Five Hundred eighty dglars ($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 08 UASI grant award native: B. City of Vernon shall provide quarterly invoices fo the City requesting payment - and. all supporting. documentation. each reimbursement request shrill be accompanied by the Reimbursement Request Form. (attached hereto as g'achibit L) and purchasing. Detail Worksheet (attached hereto as Exhibi# M) detailing the _ expenditures made by City of Veman as authorised by Section 202 above. For . .equipment for which Vemen is requesting reimbursement, all appropriate back- up documentation must be attached to the reirnbursc~ment 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 GHS tracking number has been assigned to the course, and timesheets and payroll registers Yor all training attendees. for regional project reimbursements, City of Vernon must include approval from the lead agency for all submitted invoiies. C. Notwithstanding anything. to the contrary heroin, City of Vernon may procure equipment through the "Equipment Purchase Assistance Program," as more fully described in "Fiscal Year 2008, Hgmeland Security Grant Program, Program Guidelines and Application Kit, page 50. Under this program, City of Vernon may select. equipment from Fischer Scientific, tMe Grantor will. pay the vendor directly, and the dollar amoun# of § 301A of this Agreement shall be reduced by the corresponding amount. City of Vemorr shall notify the City of Los Angeles thirty (30) days prior to using. the °Equipment Purchase program," and shall submit to _ .the City of Las 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 tos Angeles until the City has ddtermirted that City of Vernon has tamed in all supporting documentation . and completed the requirements of this Agreement: 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 far ail 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 PEA S/©~' t. immediately upon written notice to City.of V®mon of a loss or reduction of federal _ grant funds.) UAS;1 Gov't RSA S/0T IV STANDARD .PROVISIONS. §4U1. Construction of Prov~ian,~and Titles Herein Ali #itles 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. mare 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.. Agplicab~e, Law,~in~ret~tionnd E?} orc~men Each party's performance hereunder shall comply with. all applicable laws of thy; United States of America, the State of Califomia, 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, unenforceablQ, or in conflict with any law of a federal, state or local government - having jurisdictign .aver this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. lnteprated Agreement This Agreement sets faith all of the rights and duties of the parties with respect to -the subject matter hereof, and replaces any and ail previous agreements or understandings, whetherwritten or oral, relating thereto. This Agreement may be amended only as provided for herein. §404. Excu~ble Delay In-the event: that performance on the part of any parity hereto shall be delayed or suspended a~ a result of circumstances beyond the reasonable control and without the fault and negligence of said party, Wane of the parties shall incur any liability to the other parties as a result of such delsy or suspension. Circumstances degmed tq be beyond the control of the parties hereunder shall include, but npt be. lrnitec) to, acts of hod or of the public enemy; insurrection; acts of the federal Government or any unit of Stat® ar Local Goverr~n~ent in either sovereign or contractual rapacity; fires; floods; epidemics; quarantine uasi ~o~rt p~A ~ro _ restricttons; strikes, freight embargoes or delays in transportation; to the extent that they are not caused bythe party's willful or.negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. : rea- ch :Except far excusable delays, if any party fails to pertorm, in whole or in part, any promise, covenant, or agreement se# forth herein, ar should any represenfation made. by it be untrue, any aggrieved: party may avail itself of alt rights and remedies, at taw or equity, in the courts. of law. Said rights and remedies .are .cumulative of those provided for herein except that in nQ event. shall any party recover mgrs than once, suffer a penalty or forfeiture, or be unjUStly compensated. §406.. Prohibifton AaatnstAssianmen~,Qr eleaatian 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.' P~,ermit City of Vernon and its ofFcers, agents and employees shall obtain and main#ain all permits aMd licenses necessary for- City of Vemon's performance hereunder and shall pay any fees required therefore. City of Vemvn further certifes to immediately notify tha City of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination an~~rmatlKe Action - City of Vernon shall comply witFt the applicable nondiscrimination and. affirmative ..action provisions of the laws of the United States of America, the State of California, and the pity. In performing this Agreement, pity of Vernon shall not discrirntnate in its employment practices against any employee or applicant for employment because of such perrson`e race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic par-tner~ .status or medical cenditipn. City of Vemon shall ctimply with. executive grder 11246, entitled "~cltaal employment Opportunity," as amended by Executive Order 11375, and as supplemented in f~epartrnent of tabor regulations {~t1 Cft~ Part 60). City of Vernon shall comply with the provisions of the ~.os Angeles Administrative Code Sections 1 Q.8 through 10.13, to the extent applicable hereto. If this Agreement contains a consideration to excess of $5Q0 but not mores than $~QOQ, UASI Gov't PSA ~/0 the Equal Employment practices provisions of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Cade .Section 1 t).$.3;, in which event-slid provisions are incorporated herein. by #his reference. If this Agreement contains a consideration in excess of $5U0©, -the Affirmative Action Program of this Agreement shall. be the mandatary contract provisions set forth in Los Angeles Administrative Code Section 10,8.4, in.which event said provisions are incorpora#ed herein by this reference. City of Vernon shall also comply with all rules, regulations, and policies of the City's Eoard of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative action, including the .filing of all forms required by City. If required, Ci#y of Vernon shall submit an Equal ~mpfoyment Opportunity Plan ("E~QI~°) #o the ©OJ C}ffice of Civil Rights ("QCR") in accordance with guidelines listed at http://www.ojp.usdoj.govleer/~eop.htm, Any subcontract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall be subject to the ~r©visions of-this ~ 408. §409. Lo~q~I~City Business Tax Reaistrat~ori Certi__fica,_,~te_ Under the terms of this Agreement, the City's Business Tax ordinance (Article 1, Chapter Z, Sections 21.00 and following, of the Los Angeles Municipal Code) is not applicable... 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 11.58. §41.1. Indemnific~ion each of the parties to this Agreement is a public entity: In contemplation of the provisions of Section 895.2 of fhe Covemment Code of the State of California imposing Certain tort liability jointly upon public entities, solely by reason of such entitiQS being parties to an Agreement as defined by Section 89~ of said Code, the parties hereto, as between themselves, pursuant to the authorisation contained in Section 895,dand 895.6 of said Code, will each assume the full liability imposed upon it ar upon any of its ofFcers, agents, or errtpioyees bylaw, for injury caused, by a negligent yr wrongful act or omission occurring in the performance of this Agreemen# to the- same exten# that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve: the: above stated purpose, each party ind®mnifies and holds h~rmiess the ether party solely by virtue of said Section 895.2. 1`he provision of Section 2778 of the Califvrrlia Civil Code is made'a part hereto as if fully set forth herein. City of Vernon certif{es that i# has adequate self insured retention of funds to mee# any obligation arising from this Agreement. UASI f3ov't PSA 5l07 §412. Gonflis ,~f.a8ter_est A. The Contractor covenants that Wane 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 organisation has ~ financial interest in the subcontracf; 2. The subcontractor is someone with whom such person has or is ` negotiating any prospec~ve emplayment; or 3. The participation of such person would be prohibited by the California. Political Reform Act, California Government- Code §871.00 ~t sea. if such person were a public officer, becauee such person would have a "financia! 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, sist~;rtn 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 mare of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. (Thfs 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 td beneft 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 cone- year period follgwing 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. Bor further clarification of the meaning of any of the terns used herein, the parties agree that. references shall be made to the guidelines, rules; and taws of .the City of i;os Angeles, State of California, and Federal regulations regarding conflict of interest, N. 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 far obtaining this Agreement. I. ,The Contractor covenants that no member, officer or employee of Contractor ..shall Mave 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. lnsurar~ce (this Section is left intentionallly blank) §414. Fj~s#~iction 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 of seq._). §41 b. tat n , .:ae lotions l` 9 To All . A. C1ty of :Vernon shall comply with all applicable requirements ofstate; federal, County and Gity of Iros 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; ar~d other conditions of employment.. City of Vernon shall comply with new,. amended, or revised laws, regulations, and/or procedures that apply to the performance caf this. Agreement.- These.: requirements include, but are not limited to 1. Office of Manment,~,n~.,~~4,iddet (OMB)~~~ :cular UA~I Gov't PSA X107 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, Locai, and Indian rtribal Governments); OMB Circular A-1:02 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agenaes 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-12~ (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. 75Q1 et seq.; City Council action dated February 4, 1987 (C.F. No. 84 22b9 S1); and any administrative regulation or field mamas implementing the Act. " 3. Americans ~yith Disabilities Act City of Vernon hereby certifies that it willcomply-with the Americans with Disabilities Act 42, USC 12101 et seq., 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 accordancewith 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. p..g~gal and Sectarian Ac~vity Prohibit~„d None of the funds, materials, property orservices-provided directly or indirectly under this Agreement shall bs used for any partisan political activity, or to further the election ~or defeat of any candidate far public office: Neither shall any funds provided under this Agreement be used for any purpose; designed to support or defeat any pending legislation or adrninistreUve regulation. None of the funds provided pursuant to this Agreement shall be used. for ariy sectarian purpose or to support or .benefit any sectarian activity. If this Agreem~nt.pcovides for mare than $100,000.00 in grant funds or more than $1 a0,00Q 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/U7 accordance with 31 USC 1352. A copy of the Certificate is attached hereto as ~xhfbit C. No funds wiN 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 pisclosure 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. Recor~s..inspec ion At any .time during normal business hours and as often as the City, the U.~. Comptroller General and the Auditor Generhl of the State of Catifdmia may dedm 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 heve the authority to audit, examine and make excerpts ar transcripts from records, including all City of Vemon'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. F~egO ds a"n~~r~~nce f~ecords, in their original form, shall be maintained in accordance with requirements prescribed by the City with aspect to all matters covered on file for all documents specified in this Agreement. Original farms are to be maintained an file for ell documents specified in this Agreement. Such records shall be retained for a period of five (6) years after termination of this Agreement and after final disposition of all pending matters. "Pending masters" 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 rer~ords. 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 P3A 5/07 - 7. Subcontracts end Pro~tarement 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 eonstrwction 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 Agreenents to the City for review ri ra the. release of anv 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 Rersonnel ACt of 197Q (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. 90U, Subpart F). City. of Vernon shall comply, as applicable, with the provisions of the Davis-Bacon Act (46 U.S.C. §§276a to 276a-7), the Copeland Act (46 U.S.C.. §276c and 18 U.S.C. §874), the Contract Work Hours-and Safety Standards Act.{4p U.S.C. §§327-33~), regarding labor standards far federally-assisted construction subagreements, and the Hatch Act (5 USC §§1501»1508 and 7324-7328). City of Vernon shall comply with the Federal f=air Labor Standards Act (29 USC § 201) regarding wages and hours of employment.. - Norte of the funds shall be used: to promote or deter Union/labor organizing activities. CA Gov't Code. Sec. 16645 9. ivil Ri ht ' City of Vernon shall comply with alt. t=ederaf statutes relating to nortdiscrimination. These include but are not limited to: (a) Title VI of the . Civil Rights Act of -1964 (P.L. 88-3a2) which prohibits discrimination on-the basis of race, color or national origin; (b) Title IX of the !*ducativn Amendments of 1972,. as amended (20 U.S.C. §§1681-1683, and 1685- 1686),. which prohibits discrirYtination on the basin of sex;. (c) Section 564 of the Rehabilitation Act of 1973, as amended (2J U.S.G. §794), which prohibits discrimination on the basis of handicaps;.(d) The Age Discrimina#ion act of 1975, as amended (42 U.S.C. §§6161-6167), which UASI Gov't PSA 5/07 - - prohibits discrimination on the basis of age; (e) the Qrug 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, role#ing 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 alcphol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq,), as amended, relating to non-discrimination in the sale, rental or . finandng of housing; {i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; Q) the requirements of any other nondiscrimination etatute(s) which may:apply to the application; and (k) P.L. 93=348 regarding the protection of human stabjects involved in research, development, and related activities supported .by this award of assistance. 10. ~ny.~IS?R~! City of Vernon shall comply, or has already complied, with the requirements of Titles II and 111 of the Uniform relocation Assistance and Real. Property Acquisition Policies Act of 1970 (P.L. 91646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of f=ederal or fader-ally-assisted programs. These requirements apply to all interes#s 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 foAowing; (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91.190) and Executive Qrder (EO)11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood haaards in floodplains in accordance with EQ 11988; (e) assurance of project consistQncy with the approved State. management pr©gram d®veloped under the Coastal done Management . Act of 1972 (16 U.S.C. §1451 et seq); (f) conformity'of I+ederal 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 tinder the Safe [drinking-Water Act of 1974, as amended (R.L. 33=523); (h) protection of endangered spQCies ` under the Endangered species Act of 1973, as amended (P.~.. 93205); and (i) Ptood Disas#er Protection Act of 1 J7~ ~102(a) (P.L,. 93<234). City of Vernon shall comply with the V11ild and Scenic Rivers Act of 1968 (16 U,S.C. §§121 et seq..) related to protecting components or potential Companer~ts of the national wild and scenic rivers system... UASI Gov't PSA 5/07 City of Vemon shall comply with the tead,Based Paint Poisoning Prevention Act (42 U.S;C. §§48Q1 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 Eontrol 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 tho Environmental Protection Agency's (EPA) list of Violating Facilities anal. that it will notify the federal Grantor agency of the . receip# of any communication from the Director of the EPA Office of Federal Activities indicating that a facility t4 be used in. the pr~aject is under consideration for listing by the EPA. By signing this Agreement, City of Vemon ensures that it is in compliance with the California Environmental Quality Act (C~QA), Public Resources Code §21000 ~ and is not impacting the environment negatively. City of Vernon shall comply with the energy Policy and Conservation Act (P.L. 94-163, 89 Scat. 871). City of Vemon shall comply, if applicable, vuith the provision of the Coastal Barrier Resources Act (P.L. 97348) dated October 19,1982 (16 USC 3501 et. seq:) which prohibits the expenditure of most new Federal funds witf}in the units of the Coastal Farrier Resources System. 11. Preservation. -City of Vernon shall comply witFr Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §4T0), EO 11593 (identification and pro#ection of historic properties), and the Archaeological and Historic Preservation Act of 194 (16 U.S.C. §§469a-1 et seq.). 12. Suspension: and Deba ent City of Vemon shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and Debarment, and City of Vemon shall submit a Certification Regarding Rebarment required by Executive Order 12549 andany amendment.thereto. Said Certffication_shall be submitted to the City concurrent-with the. execution of this Agreement and shall certifythat neither City of Vemon nor its principals. are presently debarred, suspended, proposed for debarment, declared. ineligible or voluntarily .excluded from participation in this transaction by any federal department - head Qr agency. City of Vemon shall require that the language of this Certifica#ion 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/Q7 - 13. Drua~Ffee..Workpla C'tty of Vernon shall comply with the federal Drug-Free Workplace Act of 198$, 41 USC §701, 28 CFR Part 67; the California Drug»Free Workplace Act of 1990, CA Gov't Code 8350-8357. 1-4. Mi~eilan~o,~us . City of Vernon shall comply with the i~aboratory Animal Welfare Act of - 1966, as amended (P.L. 89-544, 7 USC §2131 e# seq.). B. Statutes and Regulations Applicable To 1`hts Particular Grant City of Vernon shall comply with all applicai~le 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, ar revised Paws, 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 l=ederal Regulations (CPR}-Part 66; ~Q 12372; Department of Justice (DOJ}Office of Judicial Programs (OJP) Office of .the- Comptroller, financial Guide; U.S. Department of Homeland Security, Office of Mate and Local Government Coordination and Preparedness, Office for Domestic Preparedness, Urban A?'eas Security Initiafivc Grant Program ll; ODP WMD Training Course Catalogue; and DOJ OfFce for Civil Rights. Standardised Emergency Management System (BEMs) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 86Q7.1(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 Researoh and Statistical Information; Part 23, Criminal Intelligence - Systems Operating Policibs; Part 30, lntergovemmental Review of tepartment of Justice Programs and Activities; Part 35, Nondiscrimination an the Basis of Disability in State and focal Government Services; Pert 38, equal `t'reatment of Paith~based Organisations; Part 42, Nondiscrimtnation/Equal employment-Opportunities P©licies and Pracedures; Part f 1, Procedures for Implementing the National ~nviror~mental Policy Act; Part 63, Fioodplan Management and Wieland Protection Procedures; Bart 64, Ficsodplain Management and VNetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs;. Part 69, New Restrictions on Labbying; Part 70, Uniform Administrative Requirementsfor Grants and Cooperative uASI Gov't RSA 5/0'T 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 l?elinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable federal laws, orders, circulars, or regulations. Travel Sxg_e~~. City:of Vernon as provided herein 'shall be Compensated for City of Vemon's reasonable travel expenses incurred in -the performance of this Agreement; to include travel and per d1em, unless otherwise expressed. City of Vemon's~total travel for in-State.anei/or out-of State and- per diem cosh 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 Verr~on'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 Vemon's reimbursement rates shall not exceed. the amounts established by the State Department of Personnel Administration Rules and Regulations, PMt. 97-024, Section 599.619,_ dated July 1; 1997` and Section X99:631, and as amended from time to time. 3. Nor?~omolian City of Vernon understands that failwre 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 pity to stgn certain promises regarding tMe way the Grant Funds would be spent ("Grant Assurances"), attached hereto as exhibit ~y signing - these Grant. Assurances, the City became liable to the Grantor for any funds that are-used in violatit~n of the grant requirements. City of Veman 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. th® Grantor determines City of Veman used in violation of the Grant Assurances. UA51 Gov't PSA S/07 §416. Federal, State .and. L.acal.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. Inventio~st Patents and Coayrights A. Reo4rtin~q Procedure fir nventions If any project produces any invention or discovery (Invention) patentable ar 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 factand 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 protectionvn the:. Invention. The Grantor Shalt 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 consisten# with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 33 U.S.C. Sections 200 et seq.. {Pub..L. 95-517, Put?. L. 9$=620, 37 CSR part 401); Presidential Memorandum.. an Govemment Patent Policy to the Heads of the fraceoutive [departments and Agencies, dated 2/18/1983); and Executive Order 12591; 4/10/87, 52 f R 13414, 3 CFR, 1987.. Comp.; p. 220 (as amended by Executive Order 1261.8, 12/22/87, 52 f=R 48661., 3 CSR, 198? Comp., p. 262).. Contractor hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound'by the Policy. . 8. Ri9FL~ t~ ~s. Inventigns City shall have an unencumbered right, and anon-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Cogvriar~ Policy 4. Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material (tUlaterial) is developed under this Agreement, the author or the City, at the City's discre~an, may copyright the Materiel. If the City declines to copyrig~it the.Material, the City shall have an unencumbered right, and a nonexclusive, irrevocable, royalty» free license; to use, manufacture, improve wpon, and allow others to do so far all govemment purposes, any Material developed under this Agreement.. 2. 1°he Edrantor shall have an unencumbered right, .and anon-exclusive,- irrevocable, royaltyfree license, to us®, manufacture, improve upon, and UA$I Cov't PSA 5/Q7 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. Righ~,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 pQrform 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 CFI 2~'.404(f)(2) instead of unlimited rights. (48 CFR 27.4Q4(a)): E. Obligations Bindinq,on Subco~,~ractors Contractor shall require all subcontractors to comply with the obligations of this section by incorporating the terrns of this section into aU subcontracts. §41:8. Earned,lncome.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. Con~ractor~Ftesaorrsibi~ity Ordinance. .Under the terms of this Agreement,, City of Vernon is exempt from compliance , with the provisions. of the Contractor Responsibility Ordinance (CRO), Section 10.4Q ~ es c~,, of Article 14, Chapter 1 of division 10 of the Los Angeles Administrative. Code. §421. S~:~ ~L Ic o~ure~fJ,~linance Under the terms of this Agreement, City of Vernon is exempt from. compliance wlth the Slavery Disclosure Qrdinance, Section 10,41 of the Los Angeles Administrative Gvde. §422. child S„u~~o t ,~ssic~,nment Orders Under the terms of this Agreement, City of Vernon is exempt from compliance with the. Child Suppdrt Assignment Orders ordinance, Section 10.10 of the Los UAaI Gov't PSA 5107 Angeles Administrative Code. City of Vernon shall comply with California Family Code Section 5230 et seq. as applicable. §423. Minority,,,_Women And. Qther Bysiness Enterprise Outreach wroclram It is the policy of the City to provide minority business Enterprises (MI'~Es), women business enterprises (WB~s) and all other business enterprises an equal opportunity to participate in the performance of all Contr-actor contracts, including procurement, construction and personal services. 'his policy appii~s fo all Contractors and Sub-Contractors: UASJ Gov't PSA 5/Q7 v DEFAULTS, .SUSPENSION TERMINATION, AND AMEN[~MENTS §501. Defaults _ Should City of Vemon 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 Vemon, 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. UAS1 Gov't PSA 3/U7 vl ENTIRE AGREEMENT §601. Camr~lete Agreement- This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of ei#her party shall affect or modify any of the terms and conditioris of this Agreement. §602. Number.of pages and Attachrpents This Agreement is executed in two (2) duplicate originals, each of which is deemed to bean or+ginal. This Agreement includes twenty-eight (28) pages and thirteen (13) Exhibits which constitutothc=entire understanding and agreement of the parties.. UASI Gov't PEA 5/07 IN WITNESS WHEREOF, the~City and City ofi Vemon have caused this Agreement to be executed by their duly authorised representatives. APPROVEC} AS TO FORM AND LEGALITY: For: TWE CITY OF LOS ANGLES ROCKARD J. DELGADILLO, City Attorney ANTONIO . V RAI ,Mayor Deputy City Attorney BY Ant nio R. Villaraigosa, Mayor Date !'2k-+~~ ~ . Homeland Security and Public Safety, Mayor's Once ATTEST: Date g~ZQ08- FRANK T: MARTINEZ, City Clerk gy eras- _ _ ep y City Clerk Date v~-- ~ - APPROVED AS FORM: For: City of Vernon, { a municipal corporation. By - . Date ~_0~ 3 a 8 ~ I r. - ~ ~ Date J ATTES ` sy ity Clerk _ ~ _ Date - . / ~ ~/.~14~ City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: Date of Approval _ City Contract Number ' ~ ~ / r ~ 1 Q UA~I Gov't PSA 5/07 EXHIBIT A INSUR,4NCE (Not applicable to this Agreement.). EXHIBIT B CERTIFICATION REGARDING DEBARMENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVT!iRED 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 INSTRUCTIQNS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily- excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant. shall attach an expla~tation to this proposal. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROWER/AGENCY Eric T. Fresch, City Administrator NAME-AND TITLE OF AUTHORIZED REPRESENTATNE January 8, 2008 ~ SIGNA LIRE DATE ~rr°''~„'"~ ~NSTRUCT~4NS FOR CERTII+`.~CATION ' 1: By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification asset 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 detetntined that the prospective recipient of Federal assistance funds lwowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction origiuateil may pursue available remedies, includiug suspension and/or debarment. 3. The prospective t'ecipient of Federal assistance funds shall provide immediate written notice to die person to which this agreement is entered, if at any time the prospective recipient of Federal assistance ' funds learns that-its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal;" "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. TJte 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 vohntarily excluded from participation in this covered tranaaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal aasistance 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, iu all lower tier coveted transactions and in alt 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 Fran the covered transaction, unless it knows that the certification is erroneous. A participaut 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 ~~St 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 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 ofbusiaess dealings. 9. Except for transactions authorized under Paragraph 5 of these iustiuctions, if a participant lit a covered haasaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded'from parlicipstion in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. EXHIBIT C C~RTIRICATIC?N REGARD{NG LDE3BYING CERTIFICATION REGARDING LOBBYING Certification for Contract Gr,~nts, Lo ns and Coopg,~a~~ti,~.e A,~,reemen~ 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 ofl•ieer 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 faatupon 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 $ I00,000 for each- such failure. - AGREEMENfi NU1VI$ER City of Vernon. CONTR ACTOR/BORROWER/AGENCY Eric T. French, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE January 8, 2p08 SIGNATURE v DATE IN~STRU~TIONS ~'pR CERTIFICA~T,~ON 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 enured into. If it is later determined. that the prospective recipient of Federal assistance footle lnowingly 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 of any time the prospective recipient of Federal assistance funds. learns that its certification was erroneous; when submitted or has become erroneous by-reason of changed circumstances.. 4. The terms "covered transaction," "debarred," "suspended," "ineligible;" "lower tier covered transaction, participant, person, primary covered transaction;" "principal," "proposal," and "voluntarily excluded," as used in this clause; have the meanings set out in the Defmtiuns and Coverage sections of rules implementing Executive Order 12549. 5. 1'he prospective recipient of Federal. assistance funds agrees by submitting thisproposal 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 recipienf of Federal assistance fu[ids further agrees by submitting this proposal that it will include We 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 certif cation: of a prospective participant in a lower tier povered 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; cheek the List of Partied Excluded from Procurement or Non-Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records iu order to render in good faith the ceriification 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 LEST INTENTIONALLY BLANK EXHIBIT E GRANT ASSURANCES Office of Homeland 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. 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 Seeunity Grant Program page q.3 7. Will comply, if applicable, with the Lead-=Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) whichprohibits the use of lead based paint-in construction or rehabilitation of residence structures. Will comply with all federal statues relating, to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88.352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. -Title IX of the Education Amendments of 1972, as amended (20 U.S;C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d: The.Age DiserininationAet of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age; e. The Drag 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 1.912 (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 lte~ulations, 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 eduitable 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 anti 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 fallowing: a. institution of environmental quality control measures under the Natonal.Envronmental Policy Act of 1969 (P:L. 91-190) and Executive Order ()Q) 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 done Management Act of 1972. (16 U.S.C. 1451 et seq.); f. conforrruty of federal actions to State (Clean. Air) Implementation Plans under Section FY06 Homeland Security Grant Program Page 44 176(e) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq:); g. protection of underground sources of drinking water under the Safe Drinking Water Act of - 1974, as amended, (P.L. 93~-523); .and h: protection of endangered species under the Endangered Species Act of 1973, as amended, `(P.L. 93-205). i. California Environmental Quality Act (CEQA). California Public Resources'Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. 11. Will comply with the Wild and: Scenic Rivers Act of 1968'(16 U.S:C. 1271 etseq.) 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 ct of 1974 (16 U.S.C. 469a-1 of seq). 13. Wily comply with Standardized Emergency Management System (BENS) requirements as stated in :the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 86.07.1{e) and CCR T-itle 19, Sections 2445, 2446, 2447 and 244$. 14: Has requested through the State ofCalifornia, 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 fiends 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 $100 per federal-fiscal year. 15. Will comply with the Intergovernmental.Personnel Act of 1970 (42 U:S C. Sections 472$-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 (S G.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 e# 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 Harieland 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. \Nill 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 276e and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (4U 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 1689, "Debarment and Suspension." 22. Agrees that: . a. No federal appropriated funds have beenpaid or will be paid, by or on behalf of the undersigned, to any person far influencing or atteYnpting to influence an oflcer or employee of ar?y 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 leave 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 $ L00,000 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 1Vlaster 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 identif ed 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 iri the use of :such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California lire Services and Fescue Mutual Aid flan. - FY06 Homeland Security Grant Program _ _ .Page 48 24. Agrees that funds awarded under. this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 25. Will comply with all applicable: Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-87, A1D2, A-110, A-1~2, 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(4), or the Juvenile Justice and Delinquency Prevention. Act, or the Victims of Crime Act; as appropriate; thie provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7104.1, 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, Crimintal 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,Nonaiscrini:nation on the Basis of Disability iri State and Local Government Services;- g. Part:38, Equal Treatment of Faith-based Organizations; h:. Pact 63, Floodplain Management and Wetland Protection Procedures; i. Part 42, Nondscrimination/$qual Employment Opportuinities Policies and Procedures; j. Part 61, Procedures for Implementing the National Environmental Policy Act; k. Part 64, Floodplain Management arid 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 Focal Governments. m. Part 67; Government-Wide Debarment and Suspension (Non-Procurement) n. Part b9, 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-Prof t Organizations. p. Part 83, Government=Wide Requirements for aDrug-Free Workplace (grants) 28: Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this:project are not listed in the Environmental Protection Agency's (EPA) .list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the- EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. FY06 Homeland Security Grant Program ' Page.. 47 29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA)1990. 30. Will; in the event a Federal or State court or Federal or State administrative agency makes a finding. of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient offimds, 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 irl 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, 19&2 (16 rtJSC 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. 3G. his required by Executive Order 1549, Debarment and Suspension, and implemented at 28 CFR Part G7, 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 S-fate or Federal court, 'or voluntarily excluded from,covered transactions by any Federal department or agency; (b) Have-not within athree-year period preceding this application been convicted of or had a civil judgment rendered against them for eommsston 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 riot presently indicted for or otherwise criminally or civilly charged by a governixiental 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 athree-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 I~Qmeland 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; The grantee's policy ofmaintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4} The penalties that maybe 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; an'd (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 IU 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 ox rehabilitation program approved for such purposes. by a 1~ ederal, 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 adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant; I hereby certifythat 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 _ d E T~ O ' y p=1.: d :Y _ Q~.'. Z o~ U~ ~ _ . . Q - aU , ~ti _ _ dV. a ~ ~ 0 C ~ c V ~ h ~ WNW rq m ~ ~ « Q } C ~ r_ ~~~d am ~....C1~WOC ~ v. '8 s c p_ - a Qom. WQ " F EXHlB1T G ALLOWABLE COST MATRIX ~ F APPENDIX D -ALLOWABLE. COST MATRIX Table: l3 - FY. 2QQb Allowable Cost Matriiz Public education & outreaoh _ lf: Y .Y Y Y: Y Y y. y . Develop and implement homeland security support Y programs and adopt ongoing DIiS National Initiatives ~ " Y :1~ Y Y Y` ~X Y .Y y. pevelop aad enhance plans and protocols ' 'Y 1' Y Y X Y Y; Y X Y " Develop or conduct assessments ~ Establish, enhance, or evaluate Citizen Corps related Y ~ Y ~,X X 'Y Y Y y ~ y volunteer programs Y Y Y Y Y X Y~ Y Y Y y Hiring of full- or part-time staff or contractJconsultants ~ _ ~ ~ • to assist with planning aotit+itics (noC for the ptttiwse of hiring public safety personnat fulrlling traditional ~ , public safety duties) ~ Y. Y Y Y Y Y Y y y y y Confercnccs to facilitate planning activities ~ y y y Y, y ! Y Y INaterials required to conduct planning activities .Y Y Y Y Y. Y 7( y TraveVper diem related to ianning activiG~s y y Y y Y Y 1, Y Overtime and backfiU costs IAW o 11 Y Y f perational Cost - Guidance} Y Y Y Y Y Y Y Y Y Other project areas with prior approval from G&T X Y Y Y. X Y Y Y Y fl. Y Overtlme for inlbrmation, iavestigatlvc anti intalGgcnce sharing activities (up to 25 percent ofthe Y Y allocation) Roimbursemant foe select o perational expenses - associatedwith Increased security mea3ures at critical int'rastn,qure sites incurred daring periods of DIi5- Y' Y y declared Cade Orange Hiring of full. part-time staff or contractors for - emergency rnanagemenfactivitios ~ Y Y y Hiring of contragorslconsultants for participation 1n informatloNintolligonce analysis and sharing.groups or fusion center activities (limited to 23 percent of the Y Y allocation) , Dtl Personal Protective Equipment X 7I' Y Y• Y .Y. Y Y :Y• Explosive Device Mitigation and itemediation ~ . , .Equipment Y Y ,Y Y; Y. lif Y Y CBRNE Operational Search and Rescue Equipment Y', _1' y .Y Y Y X X ,y 4<. information Technology Y Y Y` Y Y Y X' Y Y Y Y. Y' 'y ` Cybcr Security Enhancement u1 ment Eq Y Y~ Y Y: -.Y Y Y Y :Y Y Interopcrable Communications E uipment .y y y y' 1• Y Y Y Y Y Detection Equipment Y bacontamination Equipment Y Y y y y y, y Y Medical sup ties and Limited Pharmaceuticals Y Y Y Y Y X Y Y Y Y Power Equipment Y Y Y. Y Y Y Y Y Y CBRNC Reference Materials Y Y Y Y Y ~Y y y y y y Y CBRNE Incident Response Vehicles y y Y y yt ,r 1, Terrorism Jneident Prevention Equipment y X Y ~ 1; y Y Physical Security Enhancement Equipment y y y ~ yr Y Y Y lnspectian and Screening Systems Y Y Y Y Y Y ~ Agriculture Terrorism Prevention, Response and ` Mitigation Equipment Y Y Y CBRNE Response Watercraft Y X Y li' Y B CBRNE AviatiomEquipment Y Y CBRNE Logistical Support uipmcnt, ~ Y Y Y Y Y Y Y '1' Y Intervention Equipment y 1, Y Y Y { t]ther Authorized Equipment y= Y Y.:X Y Y Y •Y. Y Y wartime and bacl;fiil for ern eri ay P>'eparadness and ; . . resppnse personnel attending G&T-sponsored end Y Y Y Y Y Y Y ~ Y y y a rovedtrainin .classes Overtime and backfill expettses for part-tithe and • ~ • : . ~ ' volunteer emergency re4ponate petsonrtEl•partic?pating '2' Y 1~` . Y Y Y Y• Y y ' In 0&T trainin Trainin 'workshopsand conftrenees Y Y Y Y- .X. `~Y Y Y. Y ~Y Y Y .y„ Full- orpart-time staffer contractorsfconsultants Y y y ;y Y y y y y Y Y Y Y Travel. Y Y Y Y X Y X Y Y Y Y Y X Supplies 4thsr items Y Y Y Y Y' Y Y Y~. y Y y: y _ Y X Y Y Y .Y 'y Y Y ,Y D-2 E.xerciseplaitningworkshdp Y%'Y X~ ,Y Y Y. Y •.y Full- or part~ime staff orcotttractors/consullants y y y~ y y: a,,...y y Y O.verHme and backfill casts including: expet?sgs for .part- imo and volunteer emergency response personnel Y Y X Y~ Y Y. ~ Y participating in G&T exercises Travel Y Y Y Y Y Y' Sup lies Y Y Y Y- Y Y Y Y Other items - Y' Y Y: Y Y Y. Y. '!t . Hiring of titll= or part-time staff or • , _ , . convectors/cbmultants to assist with the managgnatt4 of HSGP, implgnentation of State Homeland S4eurIty Y Y ~l `Y Y Y Y Y Y Strategy, application requirements, eompliancs with re rtiri and data collection re uirements pevelopmrnt of operating puns for hfformation coiiectlon and processing necessary to respond b Q&T Y Y Y ,X Y Y Y Y Y Data calls Overtimo and baokfill costs _ Y X Y Y Y. y- Travel Y Y Y Y; Y Y Y 'Y Y 7t+ Meeting relarod expenses Y Y Y Y Y •Y. Y Y Y y Auihorized office. equ pmenE Y Y Y Y _Y Y Y Y Y Y Recurring expenses such as those associated with cell phones and fares during the period of performance. of Y Y . Y Y Y Y Y X the Cii~ant Pro ram Leasing or renting of space for newsy hired personnel Y y Y Y Y Y,' Burin the 'od of rforrna ; ce of the Grant_Pro am D~3 Costs outlined in the fallowing table are NOT allowed unless. designated by a Those; designated by a "*"arc only allowable in a limited capacity. Check the specific program guidance for detailed information. General use software, computers and related.equipment, ; vehicles, licensing fees ik Weapons and Ammunition Cgnstruction and R«?ovafion ~ , (ONLY limited tenavation is allowable in highlighted it >kr programs) fr _ - ,r~ . ant Hiring of public safety personnel for the purpose of fulfillidg traditional publlo safety duties * 'i14~ * Aclivlties unrelaCed to th¢ isonjpletion snd f implementation of HgCh Other items not in accordance with fhc AEL or previously listed allowable costs i .F. D-4 EXHIBIT H AUTHORIZED TRAINING ' ~ l?Y 2006 HOMELAND SECURITY GRANT PROGRAM- DECEMBER 2,2005 3~ • C.4. ral . rY 2006 UASI funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through deve}opment of a State homeland security training program. Allowable training-related costs include: Estab}ishment of support for, conduct of,-and attendance at preparedness training programs within ex}sting training academies/institutions, universities, or junior colleges. Preparedness training programs are defned as those programs related to prevention, protection, response, and or recovery from natural, technical; or manmade catastrophic incidents, supporting one or more Tar$ct Capabilities in alignment with national prioripes as stated;in the Goal, Examp}es of such programs include but are not li>Ytitesd to CBRNE terrgrlsm, critics} infrastructure protection, cyber security., and citizen preparedness. 2. Overtime and baclefi}1 costs associated with attendance at G&T-sponsored and approved training courses. UASI funding may also be used for training s}tizens in awareness, , prevention, protection, response, recovery skills PRFPARSDNggS DIRIDG7~pRA7E'S OPPICS pig GRAMS ANI7 TRAINjNd . .84 , EXHIBIT AUTHORIZED EXERCISES FY 2006 HOMELAND SECURITY QRANT PR06RAM - DEC~MBER3, 2005 C.S. ere All Urban Areas are required to develop a Muhl-year Exercise Plan and submit it to G&T on an annual basis. While Urban Area specific, this-elan must tie into the Multi-veer Exercise Alan developed by the State, and be in line with the Urban Area Homeland Security Strategy. >rurther, Urban Areas era encouraged to develop a Multi :year Plan and Schedule that takes into consideration anticipated training, needs of the Urban Area for at least the immediate year, with exercises being t;rued to provide responders the opportunity to utilize training received. T"hIs combined schedule should also ensure Wet training and exercises complement each other. An example ofa combined Muiti~Ear Training and Exercise Plan can be found at the HSEEP Website or GkT Secure Portal Further guidance concerning EPWs can be founnd in the HSEEP Volumes. Urban Areas are eligible to apply for exercise direct support, but must do so incoordination. with the SAA. PREPAREDNESS D1RECi'ogA'rE•S OFFICt OF ORpNT3 AWDTAAiN1N0 &a EXHIBIT J AUTHORIZED RLANNING PY 3U0/r IIOMP.LANI) SECURITY GRANT PROQRAM r1F.CC:MRGR 2, 2009 C. Authorized Program Expenditures Allowable expenditures forthe FY 2006 UASi program comport with FY 2006 SHSP (except for the use of funds for operational cots). Please refer to Appendix D for a summary of authorized and unauthorized UASi expenditures:. C.l<. Plann , Urban Areas. may use FY ZOU6 UASI funds for multi-desepline 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, puns, procedures, mutual aid agreements, strategies, and other publications that comply with relevant laws, regulations, and guidance necessary to perform assigned missions and tasks. tt is explicitly permissible to use planning funds to hire government and/or contractor personnel to conduct planning activities described here. Simi lar to SHSP, FY 2006 UASI funds may be used for arange ofhomeland- security planning activities, such as • Developing and iI>tplementng homelandseGUrity support programs and ado~?ting 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 Opcr-sting Procedures (TaOPs) to ensure proper alignment wi#h the NRP coordinating structut+es, processes, and ptotocols. 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 geospatal data systemic. 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 hoightened alerts, during terrorist incidents, and/or during mitigation and recovery. o Multi-discipiil~ preparation across first responder community, including EM5 for response to catastrophic events and acts. of terrorism. o Public lnformation/education: printed and electronic materials, public service announcements, seminarshgwn hall meetings, web postings coordinated through local Citizen Corps Councils, o Citizen Corps volunteer programs and other activities to strengthen citizen participation. ' P1IPPARIQNESS DtR.EC7URATE's OFFICk~ OF GRANTS AMD TRAiN1 NG 80 FY 3006 FlUMGI,ANU SECURITY GRANT PROGRAM - DECEMHF.R 2; 2003 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 cqulpment andlor personnel requirements to protect and seetire 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 preventionldeterrenee plans. o Developing plans, procedures, and requirements for the management of infrastructure and resources related to HS~iP and implementation of State or Urban Area Homeland Security Strategies. o Developing orenhancing border security plans, . o Developing or enhancing cyber security plans... o Developing or enhancing cyber risk mitigation plans. o Developing orenhancing-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 orenhancing 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 1VRP. o Developing orenhancing-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/securityplons. 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 Stag resources. o .Activities that directly support the identification of speciflc 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 sins. FRIRAREpNJ33S DIRECTORATE'S OFFICEOF GRANTS AND TRAINING g 1 EXHIBIT K AUT.HORIZlD ORGANIZATIONAL ACTIVITIES FY 2U0(i I IOMGrAND SECURITY GRANT PROGRAM - DECIiMDER ry 11103 C.Z. O~araizatialn 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 5 e c of the gross amount of the allocation far 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. UASIf: Up to 25 percetrt of FY 2006 funds tray be used in UASI jurisdictions. " a Of this amount, up to 10 percent rgay be used for casts ineurnt3d during Code Yellow " or Orange. . • The remaining 15 percent may be used for costs incurred-only during Cade 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 UAaI jurisdictions can use funds remained at the Stet® level to reimbuitse eligible operationalovertime expenses incurred by the State (up to a maximum of 25 percent of the. State share of the UASI grant).. However, those activities roust directly support increased security measures enacted in the UA$1 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, disruptng,.and prcvonting acts of terrorism, costs eligible for r6imburseirient ur?der this policy etc 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: • Backflll and overtime expanses 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 C13P as outlined in Information Bulletin #135.13. 17 Proposed operationak activities ahoUld emphasize these measures that will increase border security in direct coordination-with Cl3P personnel. State, local, and'fribal law ~tfor¢clnettt personnel.rr?ay provide increas¢d - enforcantent presmea by generally increasing their patrol peas~cc at the border; by providing additional.traffic PREPAREDNESS DIRE.CTORA'rE'S OFFICE OF GRANTS AND TRAINING HZ FY 20(16.ItOMELAND SP,CURITYGRANT PROGRAM-DECEMBER 2, 2QU3 Consumabte costs, such as fuel expenses, are. trot allowed except as part of the standard National erased deployment package. 2. Overtime costs are allowable for personnel to,participate in information, investigative, and intelligence sharing activities specifically related to hameiand security. This includes activities such as anti-terrorism task forces, Joint Terrorism Task Forces (JTTF), Area Maritime Seeueity Committees {as required by the Maritime Transportation Security Act of 2002), and Terrorism )early Warning (TEVt~ groups. 3. .Grant funds maybe used towards the hiring o€ new staff and/or contractors to serve as intelligence analysts to support informatiop/intei(igerice fusion capabilities. In order to be hired as.an Intelligence Analyst, staff and/orcontractor personnel must have sttcetssfully completed training to ensure baseline proficiency in fntetligerice analysts and productivrr. l; urtherntore, costs associated with hiring new irtteilgence analysts are allowable only for the period of performance of the FY 200E UASI and LETPP programs. Upon close-out ofthe FY 2006 grants, States and Urban Areas shall be responsible for supporting th6 sustainment costs for those intelligence analysts, • The: International Association of Law Enforcement Intelligence Analysts' (IALEIA) Educational Standard # {page 14 of the IA~.EIA Analytic Standards booklet) provides. standards on the categories of training necdud for intelligence analysts. These include sub3ect-matter expertise, a>tialytlc 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 certi, ficate of completion of such training mast be an,jlle with 1be SAA and should be made available to Preparedness D,Jj'icers upon request upon the hiring of personnel. control support at the bordcrand et border patrol trat~tic checkpoints; and by enhencing their participation ip the Integrated Eorder Enforcement Teams. `t'his policy does not result in s change or•extension of pederal authority to State, Tribal, of local law enforcement agencies to enforce l ederal immigraton taws, If Federal immigration violations aro encountered, consistent with current practices,- 5tatc local, and Tribal agencies may refer those violations to CBP artthorities for appropriate action. No funds may be obligated ur drawn down in support of these activities without HQ-CBP approval ofoperationa~ plans and without submission to and approval by Ei&,T of budget detail workshats. Stara,. local, and'fribal taw enf©rcamcnt agemies shall not use this tttnding to sappiant routine patrol and>-taw enforcement operations or activities in order to perFonn other activities not directly related to providing an enhanced law enforcement presen¢a. PREPAREDNESS DIR>CTORATE'S.OFFI~E OF GRANTS AND TRAINiN(i H3 - EXHIBIT L REIMBURSEMENT REQUEST FORM 1 Cl7`Y OF t.C'+5 AhlGEi,laS URl3At~4 AREA SE~URl7Y 1i41TiATtV'iw taF~;~N~" i~eimburserner~t ~t+Wrtu~st l~cir~ F2etcrrn Rdim,~urser~nt Requests tn:- f~acnet T Y.~tc:h CAre Glty: ,Aayar's Qti~ca of Homeland Security and Public SafF~fy 20U R. SPrinO St., Roam #tvt-176A rteques;irg Agens;y: Lcs kngeles, CA 90012 Phanp; 213.97d.47d1 Reirrtt~UCStatr)stli PP,tiUt1: ._,._t0 _ Pax: 21 "s.~J7ti.071$ t~~ct7el<tk~tc~ltact,~,;~rri Pren7r~c1 ~y_ - phanc Nta UASf PY43 Part 1 s 3 tJf55l PYt~4 CJ PI2ctSi? rYl~r~C fhiS YYUX fO irt~IGr~tQ fit~ai UAut FY43 Part2 ? lfASl F"0.5 ? i.lrlb: r~t]u95t for reirn~Ul"S~1'tti?f7: L Type rsf ~xpendituri~ A~thc~rize~ reviutisfy Cta~r~nt ~urrtudat9ve l3~l~n~~ ~"atal ~ic~QUnt Regtae~t Request €~~a.u~~t _ - ~xeraise ~ ~ ~ - - ' i ~i T"rait~in _ ~ Planrin ~ ~ - - t7ptrat:ionai ~cttvlt3es Y~ _ ~ tvl~i'~a amen! & Admin _ ~ ~ - T~ ~.e_ .a. - _ - ~ w This relmburse+nenf c!elrn is in all rsspects frue, correct, arrd ell s=xp~ndltures vrara made i'rt accarr's~tnce with apalira,~le laws, rules, r+zgulatlons, and grant contlitir7ns attd assurances. !n addition, th%s claim is fnr Host incur~d v?lthin !fie grant Petiormanca period. Aisza, a!! suopor#in~ d©curren#atian related to these :3xpenditurr~s will be retained in acc;ardanca i<vlth grant qultfellres. Atathorizdd pepartrrtent Approval: Pigase i~emlt t~syt~tent to: - ` Prini tvanie Rama i itlB Address m~-~_~ Sii.]natiafE; ~at9 Ci:y Stets iii f~hane No. {r~xtension}- fax Rn. Reference Rts. E-mail Address - "CU he turn let~t~ by N~Pa Aecountir+ FJe ,PttTrta?lt . QMSlC)ES Reimbur;;sment Roquest 9Y;_,_~-._._.__ Trnns~nctir~n IU:._-~ I~2#o; 7ti5/OcS:Relirbursament Rsczived:~,___._ ~,aah Roceipt No----- J1Y No. T tarsier to !)apart Dats:_ .iV Nn. _ ,w_.m EXWIBIT M PURCWASING DETAIL WORKSWEET .FIRST SUPPLEMENTAL TD AGREEMENT NUMBER -11.3.1.01 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES ANQ THE CITY OF VERNON - THIS SUPPLEMENTAL AGREEMENT #o Contract- Number C-113. 10'~ of City of Los Angeles .Contract is made and entered into by and between the City. of Los Angeles, a municipal corporation (hereinafter caAed-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 wring UASI 06 Grant Funds; said Agreement effective August 28, 2Q06 through .March 31, 2008 shall hereinafter be referred to as -the Agreem~.nt; 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# 07-0580 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 $2$7,580; 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 tune to the Agreement, pursuant to Los Angeles Administrative Code Section 14.8; and WHERE=AS, the City and Contractor seek to supplement the Agreement to (a) add Two Hundred Twelve Thousand Nine Hundred Twa Dollars ($213,902). for a new total of $47`1,482; (b) extend the Time of Performance and (c) make s- uch other changes. as are required in connection with the foregoing, all as detailed elsewhere in this Agreement. First Supplemental Agreement 1 7/08 City of Los Angeles & City of Vernon UASI 06 a NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Contract No. 0113101 is attached hereto as F.:xhibit 1 and incorporated herein by this reference. The terms and conditions of said Contract. shall be the terms and conditions of this Supplemental Agreement, except as expressly modified herein. 2. Section 201, Time of Performance, is deleted and replaced by revised Section 2Q1, Time of Performance: The term of this Agreement shall commence on August 28, 2006, and-end as follows: training, as specified in this Agreement, must be completed by September 30,200$ 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 2$, 200$ 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 001) 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 Punds 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 arnotant 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 ford 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 ~/Og City of Los Angeles & City of Vernon UASI 06 IN WITNESS WHEREOF, the City and City of Vernon. have caused this A regiment to be executed' b their dul authgrized re resentatives, - APPROVED AS TQ FORM AND For: THE CITY OF LOS ANGELES- LEGALITY: R(OCKARD J. DELGADILLO, City... ANTONIO ILLARAIGOSA, Attorney Mayar By _ Y Deputy City Attorney Ant nio R. Villaraigosa, Mayor Homeland Security and Date ~'~-4~ _ Public Safety, Mayor's Office AUG 14 2008 Date ATTEST: Karen Kalfayan, City Clerk • By _ Deputy City Clerk. Date APPROVED AS TO FORM: ~ ` For: City of Vernon, a municipal corporation By Y Ce ~ H rison B Le is C. Malbu g, Ma or Date 7 . Date _ ATTEST: _ • t - By Cit~r Clerl~ • •Man ela iron Date r City Business licanse Number: Internal Revenue. Service ID Number: Council FileIOARS file Nu er• Date 4f Approval Said Agreement is Numb®r~,n at City Contracts ~t~,~\~nF.~~cca.1 First Supptementat Agreement 3 7/08 City of Los Angles & City of Vernon UASL 06 •