Resolution No. 09989 ~g
1 RESOLUTION NO. 9 9 8 9 `z°j~'
2
3 A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
4 MEMORANDUM OF UNDERSTANDING BETWEEN JURISDICTIONS
AN-D THE CITY OF LOS ANGELES REGARDING THE RECOVERY
5 ACT JUSTICE. ASSISTANCE GRANT (JAG) PROGRAM AWARD.
6
7 WHEREAS, on May 11, 2009, the City Council of the City of
8 Vernon adopted Resolution No. 9949 authorizing the City's participation
9 in the American Recovery and Reinvestment Act of 2009. (the "Recovery.
10 Act") Edward Byrne Memorial Justice Assistance Grant Program (the "JAG
11 Grant") for an allocated amount of ,$23,297.00 which-will be used by the
12 Police Department for the upgrade of the crime analysis and mapping
13 system; and
14 WHEREAS, the United States Department. of Justice, Office of
15 Justice Programs' Bureau. of Justice Assistance ("BJA") administers the
16 JAG Grant and requires a Memorandum of Understanding.("MOU") between
17 the jurisdiction and the City of Los Angeles ("Los Angeles") prior to
18 allocating JAG Grant funds, which MOU will be effective from March 1,
19 2009 to February 28, 2012 setting forth the parties' assurances-and
20 obligations regarding the use of .JAG Grant Funds; and
21. WHEREAS, the City of Vernon has been allocated the sum of
22 $23;353.04, less a ten percent (100) deduction for Los Angeles'-role as
23 applicant/fiscal agent of the JAG Grant, for a .total disbursement
24 amount of $21,017.73; and
25 WHEREAS, the City's execution of the M0U is in the best
26 interests of both the City and Los Angeles, -the undertaking will
27 benefit the public, and that the division of costs fairly compensates
28 Los Angeles for the services or functions. under the MOU; and
1 WHEREAS, the execution of the MOU would enhance the
2 capability of the Vernon Police Department to provide timely,
3 pertinent information about crime patterns and crime trend
4 correlations, thereby enhancing the services provided to citizens,
5 residents, businesses and employees in Vernon and neighboring
6 communities; and
7 WHEREAS, state law authorizes cities to approve agreements
8 by which they can jointly exercise powers common to cities; and
9 WHEREAS, the City Council of the City of Vernon does not
10 intend, in any way, except as expressly stated herein or in the MOU,
11 to limit its ability to enforce the provisions of the Vernon City
12 Code, to exercise. its police powers, the powers under the City
13 Charter, or any other law, in order to protect the health, safety and
14 public welfare of the citizens of the City of Vernon; and.
15 WHEREAS, the Fire Chief by memorandum dated June 4, 2009,
16 has recommended that a Memorandum of Understanding with the City of
17 Los Angeles and other jurisdictions for the JAG Grant be approved and
18 executed to take advantage .grant funds available.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
20 CITY OF VERNON AS FOLLOWS:
21 SECTION l: The City Council of the City of Vernon hereby
22 finds and determines that 1~he recitals contained hereinabove are true
23 and correct.
24 SECTION 2: The City Council of the City of .Vernon hereby
25 approves the MOU with the City of Los Angeles and other jurisdictions,
26 in substantially the same form as .t he copy which is attached hereto as
27 Exhibit A and incorporated by reference.
28 / / /
2
1 SECTION 3: The City Council of the City of Vernon hereby
2 authorizes the-Mayor or Mayor Pro-Tem to execute said MOU for, and on
3 behalf of, the City of Vernon and the City Clerk, or Deputy City
4 Clerk, is hereby authorized to attest thereto.
5 SECTION 4: The-City Council of the City of Vernon hereby
6 authorizes the City Administrator, or his designee, to make whatever-
7 nonsubstantive, administrative and/or text changes, upon advice of
8 counsel, to-the MOU.
9 SECTION 5: The City Council of the City of Vernon hereby
10 authorizes the City Administrator, or his designee, to execute ahy and
11 all documents necessary for the purpose of securing the additional
12 grant funds and to take any action deemed necessary to implement and
13 carry out the .terms and conditions of the MOU and/or this Resolution.
14 SECTION 6: The City Council of the City of Vernon hereby
15 directs the City Clerk, or her designee, to send three executed MOU's
16 to the City of Los Angeles.
17 SECTION 7: The City Clerk of he City of Vernon shall
18 certify to the.. passage. of this resolution, and thereupon and
19 thereafter the same shall be in full for-ce and effect.
20 APPROVED AND ADOPTED this 29t'' day of June, 2009.
21
Name: Hilario Gonzales
23
24 Title:. Mayor
25 ATTES
26
27 MA UELA GIRON, Cit, Clerk
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1 STATE OF CALIFpRNIA )
2 ) ss
COUNTY OF LOS ANGELES )
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4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the foregoing Resolution, ;being Resolution No. 9989, was
6 duly adopted by the City Council of the City of Vernon at a regular
7 meeting of-the City Council duly-held on Monday, June 29, 2009 and
8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
9 Vernon.
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MANUELA GIRON, City Clerk
12
13 (SEAL)
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EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN
JURISDICTIONS AND THE- CITY OF LOS ANGELES
RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Memorandum of Understanding ("MOU") is made and entered- into this 1 st day of
July~2009, by and among the City of Los Angeles, acting by and through its governing
body, the City Council ("CITY"), and each of the jurisdictions and entities, severally and
not jointly, whose names are set forth on Exhibit A attached hereto and whose
signatures to this MOU are attached hereto, each acting by and through its respective
governing body (which jurisdictions and entities are hereinafter collectively referred to
as "Jurisdictions" and each individually as a "Jurisdiction"), the City- and the Jurisdictions
being located in Los Angeles County, State of California.
WITNESSETH
WHEREAS, this MOU is authorized pursuant to Section 23005 of the
Government Code; and
WHEREAS, this MOU is authorized by the Los Angeles City Council and the'
Mayor of-Los Angeles (refer to Council File 09-0648-S5 dated May 22,2009) and the
Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board-of
Supervisors).; and
WHEREAS, the United States Department of Justice, Office of Justice Programs'
Bureau of Justice Assistance ("BJA") administers the U.S. Department of Justice,
Recovery Act Edward Byrne Memorial Justice Assistance. Grant ("JAG") Program; and
WHEREAS, BJA requires a Memorandum of Understanding ("MOU") between
the Jurisdiction -and City prior to allocating JAG funds; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make #hat
performance or those payments from current revenues legally available to that party;
and
WHEREAS, each governing body finds that the performance of this MOU is in
the best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the services or functions
under'this MOU; and
WHEREAS, the: CITY- agrees to serve as the applicant/fiscal agent for the JAG
funds allocated to the Jurisdiction and to provide#he. Jurisdiction with the amount of
JAG funds approved by BJA for use as approved by BJA under the American Recovery
and Reinvestment Act of 2009 (the "Recovery Act");
NOW THEREFORE, the Jurisdiction and CITY agree as follows:
Recovery Act JAG MOU 1 06/09
Section 1
The term of this MOU shall commence on March 1, 2009 and end February 28, 2012.
Said term is subject to the provisions herein.
Section 2
Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction
by BJA.. Upon the disbursement by BJA to the City of JAG funds allocated to the
Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on
Exhibit A as the "Disbursement Amount" for the Jurisdiction. The Disbursement Amount
is the amount of JAG funds allocated to the Jurisdiction by BJA less 10% of such
allocated amount to be retained by the City as compensation to the City for its role as
applicant/fiscal agent of such JAG funds.. The Jurisdiction agrees to use the JAG funds
for those .projects approved by BJA under the Recovery Act and the JAG program as
set forth in the application for the JAG funds submitted by the City to BJA. Prior to
disbursement. of the Disbursement Amount of JAG funds to -the Jurisdiction, the
Jurisdiction agrees to enter into a contract with the City setting forth the Jurisdiction's
and the City's assurances and obligations regarding the use of JAG funds, which shall
include without limitation .compliance with all applicable laws and. reporting requirements
under the Recovery Act in connection with the use of the JAG funds (the "Contract").
Section 3
Nothing in the performance of this MOU shall impose any liability for claims against the
Jurisdiction other then claims for which liability maybe imposed by the California Tort
Claims Act, or claims by the State or Federal-Government for unallowable expenditure
of the funds provided by this MOU.
Section 4
Nothing in the performance of this MOU shall impose any liability for claims against
CITY other than claims for which liability may be imposed by the California Tort Claims
Act, or claims by the State or Federal Government for unallowable expenditure of the
funds provided by this MOU.
Section 5
Funding for all periods of this MOU is subject to the continuing availability of Federal
funds for this program, The MOU may be terminated immediately upon written notice to
the Jurisdiction of a loss or reduction of Federal grant funds. Any change in the terms of
.this MOU, including any increase or decrease. in the amount of JAG funds awarded,
shall be incorporated into this MOU by a written amendment properly executed and
signed by the person authorized to bind the parties.
Section 6
Upon the disbursement of funds to the Jurisdiction, -the Jurisdiction shall. provide
performance reports on a quarterly basis demonstrating progress in achieving desired
goals and outcomes in a form and manner as required under the JAG program and the
Recovery Act. Such reporting requirements shall also be set forth in the Contract,
which shall also provide dates on which these reports shall be submitted to the CITY..
Recovery Act JAG MOU 2 06/09
Section 7
Each of the parties to this MOU is a public entity. In contemplation of the provisions of
Section 895.2 of the Government Code of the State of California imposing certain tort
liability jointly upon public entities, solely by reason of such entities being parties to an_
MOU as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization .contained in Section 895.4. and 895.6 of said
Code, will each assume the full liability imposed upon it or upon any of its officers,
agents, or employees by law, for injury caused by a negligent or wrongful act or
'omission occurring in the performance of this MOU, to the same extent that such liability
would be imposed in the absence of Section 895.2 of said Code. To achieve the above
stated purpose, each. party indemnifies and holds harmless the other party solely by
virtue of said .Section 895.2. The provision of Section 2778 of the California Givil Code is
made a part hereto as if fully set forth herein.- The Jurisdiction certifies that it has
adequate self insured retention of funds to meet any obligation arising from this MOU.
CITY also certifies that it has adequate self-insured retention of funds to meet any
obligation arising from this MOU.
Each party to this MOU will be responsible for its own actions in providing services
under this MOU and .shall not be liable for any civil liability -that may arise from the
furnishing of the ervices by the other party.
Section 8
The parties to this MOU warrant that they will abide by all the Federal, State and other
governmental rules and regulations applicable to the JAG funds and the Recovery Act.
' The Jurisdiction shall be liable to the City, as fiscal ageht, for any sums spent under the
JAG grant found to be ineligible by the State or Federal government. The Jurisdiction
shall cooperate and assist the City in any audit, or administrative or judicial actions
brought by the State or Federal government concerning the activities funded by this
MOU.
Section 9
The parties to -this MOU do not intend for any. third party to obtain a right by virtue of this
MOU.
Section 10
By entering. into this MOU, the. parties do not intend to create any obligations express or
implied other than those set out herein. Further, this MOU shall not create any rights in
any party not a signatory hereto:
Section 11
This MOU may be executed in any number. of counterparts, each of which shall be an
original, but all of which together shall constitute one .instrument.
Recovery Act JAG MOU 3 06/09
IN WITNESS WHEREOF, the governing bodies of the parties hereto have
authorized the foregoing Memorandum of. Understanding between the Jurisdiction
whose execution is set forth below and the City of Los Angeles to be executed on the
1st day of July 2009.
CITY OF VERNON APPROVED AS TO FORM:
HILARIO GONZALES, Mayor CITY OF VERNON
JEFF A. HARRISON, City Attorney
By: By:
City Attorney
Date:- June 29, 2009 Date: June 29, 2009
:ATTEST: Attach City Seal Below:
MANUELA GIRON, City Clerk
By:
City Clerk
Date: June 29, 2009
CITY OF LOS ANGELES Attach City Seal Below: -
ANTONIO R. VILLARAIGOSA, Mayor
By:
Date:
APPROVED AS TO FORM:
CITY OF LOS ANGELES ATTEST:
ROCKARD J. DELGADILLO, City Attorney JUNE A. LAGMAY, City Clerk
By: Bv:
.Deputy City Attorney. Deputy City Clerk
Date: bate:.
Council File/CAO Number 09-0648-S5 Date: May 22, 2009
' Said MOU is Number of City Contracts
Recovery Act JAG MOU 4 04/09
EXHIBIT A
ALLOCATED 10% DISBURSEMENT
JURISDICTION AMOUNT DEDUCTION AMOUNT
AGOURA HILLS CITY $21,764.22 $2,176.42 $19,587.80
ALHAMBRA CITY $143,455.23 $14,345.52 $129,109.70
ARCADIA CITY $71;330.16 $7,133.02 $64,197.14
ARTESIA CITY $47;500.98 $4,750.10 $42,750.88
AZUSA CITY $93,571:53 $9,357.15 $84,214.38
BALDWIN PARK CITY $152,033.81 $15,203.38 $136,830.43-
BELL CITY $79,908.74 $7,990.87 $71,917.87
BELL GARDENS CITY $124,391.48 $12,439.15 $111,952.33
BELLFLOWER CITY $241,157.67 $24,115.77 $217,041.90
BEVERLY HILLS CITY $67,676.39 $6,767.64 $60,908.75
BURBANK CITY $122,644.29 $12,264.43 $110,379.86
CARSON CITY $328,533.33 $32,853.33 $295,680.00
CERRITOS CITY $77,049.88 $7,704.99 $69,344.90
CLAREMONT CITY $37;333.58 $3,733.36 $33,600.23
COMMERCE CITY $65,611.44 $6,561.14 $59,050.29
COMPTON CITY $798,455.93 $79,845.59 $718,610.33
COVINA CITY $95,318,72 $9,531.87 $85,786.85
CUDAHY CITY $61,322.14 $6,132.21 $55,189.93
CULVER CITY $90,553.29 $9,055.33 $81,497.96
DIAMOND BAR-CITY $55,284.66 $5,528.47 $49,756.19
DOWNEY CITY $224,794.40 $22,479.44 $202,314.96
DUARTE CITY $45,117:26 $4,511.73 $40,605.53
EL MONTE CITY $321,701.94 $32,170.19 $289,531.74
EL SEGUNDO CITY $16,839.41 $1,683.94 $15,155.47
GARDENA CITY $230,354,75 $23,035.47 $207,319.27
GLENDALE CITY $173,639.66 $17;363.97 $156,275.69
GLENDORA CITY $33,,679.82 $3,367.98 $30,311.83
HAWAIIAN GARDENS CITY $71,489.54 $7,148.95 $64,340.59
HAWTHORNE CITY $303,114.34 $30,311.43 $272,802.90
HERMOSA BEACH CITY $28,595.62 $2,859.56 $25,736.05
HUNTINGTON PARK CITY $275,472.01 $27,547.20 $247,924.81
INGLEWOOD CITY $499,471.50 $49,947.15 $449,524.35
IRWINDALE CITY $1.0,643.54 $1,064.35 $9,579.19
LA CANADA FLINTRIDGE CITY $11,438.45 $1,143.84. $10,294.60
LA MIRADA CITY $55,284.66 $5,528.47 $49,756.19
LA PUENTE CITY $113,430.18 $11,343.02 $102,087.16
LA VERNE CITY $33,202.67. $3,320.27 $29,882.40
LAKEWOOD CITY $196,198.79 $19,619.88 $176,578.91
LANCASTER CITY $599,080.52 $59,908.05 $539,172.47
LAWNDALE CITY $104.,374.45 $10,437.45 $93,937.01
LOMITA CITY $50,995.37 $5,099.54 $45,895.83
LONG BEACH CITY $1,627,573:43 $162,757.34. $1,464,816.09
***LOS ANGELES $14,313,589.02 $1,431,358.90 $12,882,230.12
***LOS ANGELES COUNTY $3,579,707.65 $357,970.77 $3,221,736.89
LYNWOOD CITY $332,027.71 $33,202.77 $298,824.94
MALIBU CITY $11,438.45 $1,143.84 $10,294.60
Recovery Act JAG MOU 5 06/09
MANHATTAN BEACH CITY $27,642.33 $2,764.23 $24,878.10
MAYWOOD CITY $75,778.83 $7,577.88 $68,200.95
MONROVIA CITY $64,658:15 $6,465.81 $58,192.33
MONTEBELLO'CITY $127,409.72 $12,740.97 $114,668.75
MONTEREY PARK CITY $80,862.03 $8,086.20 $72,775.83
NORWALK CITY $261,650.84 $26,165.08 $235,485.76
PALMDALE CITY $488,351.82- $48,835.18 $439,516.64 ~
PARAMOUNT CITY $209,384.43 $20,938.44 $188,445.98
PASADENA CITY $342,830.64 $34,283.06 $308,547.57
PICO RIVERA CITY $148,538.42 $14,853.84 $133,684.58
POMONA CITY $591,772.98 $59,177.30 $532,595.68
RANCHO PALOS VERDES CITY $20,01.7.03 $2,001.70 $18,015.33
REDONDO BEACH CITY $98,020.20 $9,802.02 $88,218.18
ROSEMEAD CITY $113,906.32 $11,390.63 $102,515.69
SAN DIMAS CITY $39,716.30 $3,971.63. $35,744.67
SAN FERNANDO CITY $58,303.90 $5,830.39 $52,473.51
- SAN GABRIEL CITY $98,496.35 $9,849.63 $88,646.71
SANTA CLARITA CITY $174,751.32 $17,475.13 $157,276.19
SANTA FE SPRINGS CITY $68,947.44 $6,894.74 $62,052.70
SANTA MONICA CITY $275,949.15 $27,594.92 $248,354.24
SIGNAL HILL CITY $30,660'.57 $3,066.06 $27,594.51
SOUTH EL MONTE CITY $64,498.77 $6,449.88 $58,048.89
SOUTH GATE CITY $255,772.74 $25,577.27 $230,195.46
SOUTH PASADENA CITY $19,063.74 $1,906.37 $17,157.37
TEMPLE CITY $36,698.06 $3,669.81 $33,028.25
TORRANCE CITY $161,565.68 $16,156.57 $145,409.12
VERNON CITY $23,353.04 $2,335.30 ; $21,017.73
WALNUT CITY $23,353.04 $2,335.30 $21,017.73
WEST COVINA CITY $184,442.58. $18;444.26 $165,998.32
WEST HOLLYWOOD CITY $157,118.01 $15,711:80- $141,406.21
WHITTIER CITY $152,510.96 $15,251.10 $137,269.86
***Los Angeles City and Los Angeles County will pool-together their respective
disbursement amounts and allocate. from such pool $14,1'03,967.01 to be used for the
Los Angeles Regional Interoperable Communications System. ("LA-RICS"). The
remainder of the $2,000,000 from such pool after the allocation will be split evenly
between them for their respective use as approved under the JAG Grant.
The 10% deduction from all other jurisdictions will be added to the City's total for
Management and Administration of the grant for a total of $1,623,493,50.
Recovery Act JAG MOU 6 06/09
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 11, 2010
TO• eve Towles, Chief of Police
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9989 - A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of a Memorandum of Understanding
Between the Jurisdictions and the City of Los Angeles Regarding the Recovery
Act Justice Assistance Grant (JAG) Program Award
Transmitted herewith is a copy of Resolution No. 9989, referenced above, which was approved
by City Council on June 29, 2009, along with a copy of the fully executed Memorandum of
Understanding.
Thank you.
N~:d~
c: Resolution No. 9989, 10,055
Agreement 09-084
~DF ADS ANC ~ ~
F ~
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~Gti'DED ,10
OFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
December 24, 2009
The Honorable Hilario Gonzales
Mayor
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058-
RE: MOU: C-116430 - ARRA JAG Grant 2009
Dear -Mayor Gonzales,
Enclosed, please find the executed the MOU between the City of Los Angeles and the
City of Vernon for your records.
Should you. have any questions relative to this matter, please contact Thalia
Polychronis, Grant Specialist at (213) 978-0825 or myself at (213)978-2619.
Thank you.
Very truly yours;
~.,,.rw
Ter
Grant Analyst
Office of the Mayor
Homeland Security and Public Safety
Enclosure
200 NORTH SPRING STREET • L-OS ANGELES, CALIFORNIA 9OO1Z
PHONE: (213) 978-0600 FAX: (213) 978-0750
EMAIL: MAYOR@LACITY.ORG - -
MEMORANDUM OF UNDERSTANDING BETWEEN
JURISDICTIONS AND THE CITY OF LOS ANGELES
'RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Memorandum of Understanding ("MOU") is made and entered into this 1stday of
July 2009, by and among the City of Los Angeles, acting by and through its governing
body, the City Council ("CITY")-,.and each of the jurisdictions and entities, severally and
not jointly, whose names are set forth on Exhibit A attached hereto and whose
signatures to this MOU are attached hereto, each acting by and through its respective
governing body (which jurisdictions and entities are hereinafter collectively referred to
as "Jurisdictions" and each individually as a "Jurisdiction"), the City and the Jurisdictions
being located in Los Angeles County, State of California.
WITNESSETH
WHEREAS, this MOU is authorized pursuant to Section 23005 of the
Government Code; and
WHEREAS, this MOU is authorized by the Los Angeles City Council and the
Mayor of Los Angeles (refer to Council File 09-0648-S5 dated May 22, 2009) and the
Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board of
Supervisors); and
WHEREAS, the United. States Department of Justice, Office of Justice Programs'
Bureau of Justice Assistance ("BJA") administers the U.S. Department of Justice,
Recovery Act Edward Byrne Memorial Justice Assistance Grant ("JAG") .Program; and
WHEREAS, BJA requires a Memorandum of Understanding ("MOU") between
the Jurisdiction and City prior to allocating JAG funds; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party;
and
WHEREAS, each governing body finds that the performance of this MOU is in
the best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the. services or functions
under this MOU; and
WHEREAS, the CITY agrees to serve as the applicant/fiscal agent for the JAG
funds allocated to the Jurisdiction and to provide the Jurisdiction with the. amount of
.JAG funds approved by BJA for use as approved by BJA under the American Recovery
and Reinvestment Act of 2009 (the "Recovery Act");
NOW THEREFORE, the Jurisdiction and CITY agree as follows:
Recovery Act JAG MOU 1 06/09
Section 1
The term of this MOU shall commence on March 1, 2009 and end February 28, 2012.
Said term is subject` to the provisions herein.
Section 2
Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction
by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the
Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on
.Exhibit A as the "Disbursement Amount" for the Jurisdiction. The Disbursement Amount
is the amount of JAG funds allocated to the Jurisdiction by BJA less 10% of such
allocated amount to be retained by the City as compensation to the City for its role as
applicant/fiscal agent of such JAG funds. The Jurisdiction agrees to use the JAG funds
for those projects approved by BJA under the Recovery Act and the JAG program as
set forth in the application for the JAG funds submitted by the City to BJA. Prior to
disbursement of the Disbursement Amount of JAG funds to the Jurisdiction, the
Jurisdiction agrees to enter into a .contract with the City setting forth the Jurisdiction's
and the City's assurances and obligations regarding the use of JAG funds., which shall
include without. limitation compliance with all applicable laws and reporting .requirements
under the Recovery Act in connection with the use of the JAG funds (the "Contract").
Section 3
Nothing in -the performance of this MOU shall. impose any. liability for- claims against the
Jurisdiction other then. claims for which liability maybe imposed by the California Tort
Claims Act, or claims by the State or Federal Government for unallowable expenditure
of the funds provided by this MOU.
Section 4
.Nothing in the. performance of this MOU shall. impose any liability for claims against
CITY other than claims for which liability may be imposed. by the California Tort Claims
Act, or claims by the State or Federal Government for unallowable expenditure of the
funds provided by this MOU.
Section 5
Funding for all periods of this MOU is subject to the continuing availability of Federal
funds for this program. The MOU may be terminated immediately upon written. notice to
the Jurisdiction of a loss or reduction of Federal grant funds. Any change in the terms of
this MOU, including any increase or decrease in the amount of JAG funds awarded,
shall be incorporated into this MOU by a written amendment properly executed and
signed by the person authorized to bind the parties.
c
Section 6
Upon the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide
performance reports on a quarterly basis demonstrating progress in achieving desired
goals and outcomes in a form and manner as required under the JAG program and the
Recovery Act. Such- reporting requirements shall also be set forth in the Contract,
which. shall also provide dates on which these reports shall be submitted to the CITY.
Recovery Act JAG MOU 2 06/09
Section 7
Each of the. parties to this MOU is a public entity. In contemplation of the provisions of
Section 895.2 of the Government Code of the State of California imposing certain tort
liability jointly upon public entities, solely by reason of such entities-being parties to an
MOU as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4-and 895.6 of said
Code, will each assume the full liability imposed upon it or upon any of its officers,
agents, or employees by law, for injury caused by a negligent or wrongful act or
omission occurring in the performance of this MOU, to the same extent that such liability
would be imposed in the absence of Section 895.2 of said Code. To achieve the above
stated purpose, each party indemnifies and holds harmless the other party solely by
virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is
made a part hereto as if fully set forth herein. The Jurisdiction certifies that it has
adequate self insured retention of funds to meet any obligation arising from this MOU.
CITY also certifies that it has adequate self-insured retention of funds to-meet any
obligation arising from this MOU.
Each party to this MOU will be responsible for its own actions in providing services
under this MOU -and shall not be .liable for any civil liability that may -arise from the
furnishing of the services by the other party.
Section 8
The parties to this MOU warrant that they will abide by all the Federal, State and other
governmental rules and regulations applicable to the JAG funds and the Recovery Act.
The Jurisdiction shall be liable to the City, as fiscal agent, for any sums spent under the
JAG grant found to be ineligible by the State or Federal government. The Jurisdiction
shall .cooperate and assist the. City in any audit, or administrative or judicial actions
brought by the State or Federal government concerning the activities funded by this
MOU.
Section 9
The parties to this MOU do not intend for any third party to obtain a right by virtue of this
MOU.
Section 10
By entering into this MOU, the parties do not intend to create any obligations express or
implied other than those set out herein. Further,-this MOU shall not create any rights in
any party not a signatory hereto..
Section 11
This MOU may be executed in any number of counterparts, each of which shall be an
original, but. all of which together shall constitute one instrument.
Recovery Act JAG MOU 3 06/09
IN IIVITN>vSS 1NH~~~~F; the governing laodi~:a of the parties berate have
authorized the foregoing Memorandum of lfnderstanding hetaveen the Jurisdiction
wF~o~e execution is se# forth below and the City of l:os Angels #o b~ execu#ed ors the
f'st day of July 20Qg.
CITY C}F APPROVED A~ T~ FC7RM:
(NAIVIE AND Title) {Jt~R15i~ICTION)
{,NAME AND Ti#l~~
- ~v,~~.__
(Title}
Date:. - bate:
ATTEST: A#tach City Seal I~elow.
(NAME AND Title).
8y;:
~T#le}
Date.
.CITY OF LC?S ELES Attach City Seal Eelow:
AI~TQNI(~ I ARAIG. ,:Mayer
I
ante: D 2~DDg
APPROVED A~ fiO FURM;
..CITY OF LOS AN~EL.ES ATTIaST.
CARMEN TRUTANtCH, City Attorney JUNE L.A lt~A1', City Clerk -ll~,~~
- a m -
t~+ ity Attorney Deputy City Cler
Date: 4 ~ ~ I ~ Date: / ~
;a
'Council FleICAC~ Number 09-0648-55 Date: It~ay 2009
Said Mt~IJ is Number ~I I of Ci#y Contracts
...Recovery Act JAO MCIU 4 +)6109
IN WITNESS WHEREOF, .the .governing bodies of the parties hereto have
authorized the foregoing Memorandum of Understanding .between the Jurisdiction
whose execution is set forth below and the City of Los Angeles to be executed on the
1st day of July 2009.
CITY OF VERNON APPROVED AS TO FORM:
HILARIO GONZALES, Mayor CITY OF VERNON
JEFF A. HARRISO ,City Attorney
By: 9..~ ~ By:
C Atto y
Date: June 29, 2009 Dater J ne 29, 009
ATTEST: Attach City Seal Below:
MANUELA GIRON, City Clerk
By: '
City Clerk
Date:. June 29, 2009
CITY OF LOS ANGELES Attach City Seal Below:
,ANTONIO. R. VILLARAIGOSA, Mayor
By:
Date:
APPROVED AS TO FORM:
CITY OF LOS ANGELES ATTEST`
CARMEN A. TRUTANICH, City Attorney i,JUNE LAGMAY, City Clerk
By: By:
Deputy City Attorney Deputy City Clerk
Date:. Date:
Council File/CAO Number 09-0648-S5 Date:. May 22, 2009
Said MOU is Number of City Contracts
Recovery Act JAG MOU 4 04/09
EXHIBIT A
EXHIBIT A
ALLOCATED 10% DISBURSEMENT
JURISDICTION AMOUNT DEDUCTION AMOUNT
AGOURA HILLS CITY $21,764.22 $2,176.42 $19,587.80
- ALHAMBRA CITY $143,455.23. $14,345.52 $129,109.70
ARCADIA CITY $71,330.16 $7,133.02 $64,197.14
ARTESIA CITY $47,500.98 $4,750.10 $42,750.88
AZUSA CITY $93,571.53 $9,357.15 $84,214.38
BALDWIN PARK CITY $152,033.81 $15,203.38 $136,830.43
BELL CITY $79,908.74 $7,990.87 $71,917.87
BELL GARDENS-CITY $124,391.48 $12,439.15 $111,952.33
BELLFLOWER CITY $241,157.67 $24,115.77 $217,041.90
BEVERLY HILLS CITY $67,676.39 $6,767.64. $60,908.75
BURBANK CITY $122,644.29 $12,264.43 $110,379.86
CARSON CITY $328,533.33 $32,853.33 $295,680.00
CERRITOS-CITY $77,049.88 $7,704.99 $69,344.90
CLAREMONT CITY $37,333.58 $3,733:36 $33,600.23
COMMERCE CITY $65,611.44 $6,561.14 $59,050.29
COMPTON CITY $798,455.93 $79,845.59 $718,610.33
COVINA CITY $95,318.72 $9,531.87 $85,786.85
CUDAHY CITY $61.,322.14 $6,132.21 $55,189.93
CULVER CITY $90,553.29 $9,055.33 $81,497.96
DIAMOND BAR CITY $55,284.66- $5,528.47 $49,756.19
DOWNEY CITY $224,794.40 $22,479.44 $202,314.96
DUARTE CITY $45,11.7.26 $4,511.73 $40,605.53
EL MONTE CITY $321,701.94 $32,170.19 $289,531.74
EL SEGUNDO CITY $16,839.41 $1,683.94 $15,155.47
GARDENA CITY $230,354.75 $23,035.47 $207,319.27
GLENDALE CITY $173,639.66 $17,363.97. $156,275.69
GLENDORA CITY $33,679.82 $3,367.98 $30,311.83
HAWAIIAN GARDENS CITY $71,489.54 $7,148.95 $64,340.59
HAWTHORNE CITY $303,114.34 .$30,311.43 $272,802.90
HERMOSA BEACH CITY $28,595.62 $2,859.56 $25,736.05
HUNTINGTON PARK CITY $275,472.01 $27,547.20 $247,924.81
INGLEWOOD CITY $499,471.50 $49,947.15- $449,524.35
IRWINDALE CITY $10,643.54 $1,064.35 $9,579.19
LA CANADA FLINTRIDGE CITY $11,438.45 $1,143.84 $10,294.60
LA MIRADA CITY $55,284.66 $5,528.47 $49,756.19
LA PUENTE CITY $113,430.18 $11,343.02 $102,087.16
LA VERNE CITY $33;202.67 $3,320.27 $29,882.40
LAKEWOOD CITY $196,198.79 $19,619.88 $176,578.91
LANCASTER CITY $599,080.52- $59,908.05 $539,172.47
LAWNDALE CITY $104,374.45 $10,437.45 $93,937.01
LOMITA CITY $50,995.37 $5,099.54 $45,895:83
LONG BEACH CITY $1,627,573.43 $162,757.34 $1,464,816.09
***LOSANGELES $14,313,589.02 $1,431,358.90 $12,882,230.12
*'"*LOS ANGELES COUNTY $3,579,707.65 $357,970.77 $3,221,736.89
LYNWOOD CITY $332,027.71 $33,202.77 $298,824.94
MALIBU CITY $11,438.45 $1,143.84 $10,294.60
Recovery Act JAG MOU 5 06/09
MANHATTAN BEACH CITY $27,642.33 $2,764.23 $24,878.10
MAYWOOD CITY $75,778.83. $7,577.88 $68,200.95
MONROVIA CITY $64,658.15 $6,465.81 $58,192.33
MONTEBELLO CITY- $127,409.72 $12,740.97 $114,668.75
MONTEREY PARK CITY $80,862.03 $8,086.20 $72,775.83
NORWALK CITY $261,650.84 $26,165.08. $235,485.76
PALMDALE CITY $488,351.82 $48,835.18 $439,516.64
PARAMOUNT CITY $209,384.43 $20,938.44 $188,445.98
PASADENA CITY' $342,830.64 $34,283.06 $308,547.57
PICO RIVERA CITY $148,538.42 $14,853.84 $133,684.58
POMONA CITY $591,772.98 $59,177.30 $532,595.68
RANCHO PALOS VERDE$ CITY $20,017.03 $2,001.70 $18,015.33
REDONDO BEACH CITY $98,020.20 $9,802.02 $88,218.18
ROSEMEAD CITY $113,906.32 $11,390.63 $102,51.5.69
SAN DIMAS CITY $39,716.30 $.3,971.63 $35,744.67
SAN FERNANDO CITY $58,303.90 $5,830.39 $52,473.51
SAN GABRIEL CITY $98,496.35 $9,849.63 $88,646.71
SANTA CLARITA CITY $174,751.32 $17,475.13 $157,276.19
SANTA FE SPRINGS CITY $68,947.44 $6,894.74 $62,052.70
SANTA MONICA CITY $275,949.15 $27,594.92 $248,354.24
SIGNAL HILL CITY $30,660.57 $3,066.06 $27,594.51
SOUTH~EL MONTE CITY .$64,498.77 $6,449.88 $58,048.89
SOUTH GATE CITY. $255,772.74 $25,577.27 $230,1.95.46
SOUTH PASADENA CITY $19,063.74 $1,906.37 $17,157.37
TEMPLE CITY $36,698.06 $3,669.81 $33,028.25
TORRANCE CITY $161,565.68 $16;156.57 $145,409.12
VERNON CITY $23,353.04 $2,335.30 $21,017.73
WALNUT CITY $23,353.04 $2,335.30 $21,017.73.
WEST COVINA CITY $184,442.58 $18,444.26 $165,998.32
WEST HOLLYWOOD CITY $157,11.8.01 $15,711,80 $141,406.21
WHITTIER CITY $152,510.96 $15,251.10 $137,259.86
***Los Angeles City and Los Angeles County will pool together their respective
disbursement amounts and allocate from such pool $14,103,967.01 to be used for the
Los Angeles Regional Interoperable Communications System ("LA-RIGS"). The
remainder of the $2,000,000 from such pool after the allocation will be split evenly
between them for their respective use as approved under the JAG Grant.
The 10% deduction from all other jurisdictions will be added to the City's total for
Management and Administration of the grant fora total of $1,623,493.50.
Recovery Act JAG MOU 6 06/09
I
J
i
of ~ . n~ ~ - ~ ~ ?
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 1, 2009
Terry Rose
Grant Analyst
Office of Mayor Antonio R. Villaraigosa
Homeland Security & Public Safety '
200 North Spring Street, M180-A •
Los Angeles, CA 90012
Dear Terry Rose: '
Re: Amendment of the.Term of the Memorandum of Understanding - (JAG) Program Award
Transmitted herewith is a copy of Resolution No. 10,OS5, approved by the City Council of the City_ of
Vernon on August 31, 2009.
If there are any questions regarding this matter, please contact Captain Calleras at 323/583-8811 ext. 115:
Sincerely,
ZR.~G,
Manuela Giro .
City Clerk
.ng .
cc: Danial Calleros
Resolution Nas. and 10,055
Agreement File No. 09-08~
~cCusiveCy IndustriaC
1 RESOLUTION.NO. 10,055
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING THE AMENDMENT OF THE TERM OF THE •
4 MENlORAIVDUI`rI OF UNDERSTANDING BETWEEN THE
' JURISDICTIONS AND THE CITY OF LOS ANGELES REGARDING
5 THE•REGOVERY ACT JUSTICE ASSISTANCE GRANT (JAG).
PROGRAM•AWARD
6 -
7 WHEREAS, on June 29, 2009, .the City Council of the City'of
8 Vernon. adopted Resolution No. 9989 approving, and authorizing the
9 execution of a Memorandum of Understanding Between Jurisdictions and
10 the-City of Los Angeles regarding-the Recovery Act Justice Assistance
11 Grant (JAG) Program Award ("JAG MOU"); and
12 WHEREAS,•pursuant to Section 1 of the JAG MOU, the term .of
13 the JAG MOU was to commence on-March 1; 2009 and end on February 28,
' 14 2012 (the "Term")•; and
15 WHEREAS, subsequent to the City's execution of the JAG MOU,
16 the City of Los Angeles ("Los Angeles") notified-`the City that the end
17 date for the Term under Section 1 should have been February 28, 2013
18 instead of February 28, 2012 .and. asked the City to acknowledge and
19 approve the correction in the-Term end. date; and.
20 WHEREAS, by memo dated August 19, 200.9,.Daniel Calleros,
2.1 Police Captain, has recommended that the City Council of the City•of
22 Vernon approve a modified Section 1 of the JAG MOU to correct the Term
.23 end date to reflect the actual-grant period.
24 NOW,' THEREFORE, BE IT RESOLVED BY THE.CITY COUNCIL OF THE
25 CITY OF VERNON AS FOLLOWS:
26 SECTION 1; The-City Council of the City of Vernon hereby
27 finds .and determines that the recitals contained hereinabove are true
"28 :and correct. •
1 SECTION 2:: The City Council of the City of Vernon hereby
2 approves the corrected Texm end date. in Section 1 on page 2 of the-JAG
3 MOU with the City of Los Angels and other jurisdictions, a copy of
4 which is attached hereto and incorporated by reference as Exhib~it~A.
5 SECTION 3: The City Council of the City of Vernon hereby
6 authorizes the City Administrator, or his designee,. to execute any and
7 all documents .necessary for the purpose of effectuating the correction
8. of the Term end date by; and on behalf of; the City of Vernon.-
9. ~ SECTION 4: The City Council o.f the City of Vernon hereby
10 directs the City Clerk, or hex designee, to substitute the new page 2
11 of the JAG MOU attached h~xeto to replace the page 2 currently. in the
12 .original JAG MOU approved on .June 29,-2009: .
13 SECTION 5: The City~Council of the City of Vernon hereby
14 directs the City Clerk, or her designee, to send a copy of this
15 Resolution to:
16 Terry .Rose
' ~ Grant Analyst
17 Office of the~Mayor Antonio R. Villaraigosa
18 Homeland Security & Public Safety
200 North. Spring Street, M180-A
1'9 Los Angeles, CA 90012
20 / I / .
21 / /
22 /
23 / / / .
24 / / /
25 % / / ~ ~ -
26 / / / .
27 / / 1
28 / / y.
2 -
1 SECTION 6: The City, Clerk of the City of Vernon shall .
2 certify to the passage, approval-and adoption. of this resolutian.,~~and
3 the City Clerk of the City of Vernon shall cause this resolution and.-
4-.her certification to be entered in the Book of Resolutions of the
5 Council of this City.
6 APPROVED AND ADOPTED`~his.3lst.day of August, 2009.
7
.
8
9 Name: Hilario Gonzales
10 Title: Ma or ~ Ma~~r~r II_r_._;. vlP afTPfv `
Y ~
11 A EST:
•
12 -y`_
13 UELA GIRON, Cit :.Clerk ~ •
14
15
16
17
18
19
20 .
2l
22 ~
23 •
24
25
26 .
27
28 ~
• I
• _ 3 _ ~
1 STATE OF CALTFORNTA, ) ,
• )ss
2 COUNTY OF LOS ANGELES )
3 ~ ,
~ T; MANUELA GIRON, City Clerk of the City of Vernon, do hereby
5 certify that the. foregoing Resolution, being Resolution. 10, 055, was..
6 duly passed, approved and adopted by the City Council of the Cit.y..of
.Vernon at a regular meeting of the City .Council duly-field on Monday,
8 August 31; 2009, and thereafter was duly signed by the Mayor or Mayor
9 Pro-~'em of the City~of Vernon. ` ,
10 Executed' this l/'S~day of August, 2009, at Vernon, Galiforn.ia.
11 ~
12. ~ MANUELA N, City Clerk
13
14 (SEAL).
15
16 ~
. 17 ,
18 ,
19 ~
20
21
' 22
23
24
25 ,
26
27
28
- 4 -
i
EXHIBIT A ~I
(
Section 1
The term of this MOU shall commence on March 1, 2009 and end February 28, 2013.
Said term is subject to the provisions herein.
. Section 2
Exhibit A to this MOU sets forth the amount of JAG funds allocated to each Jurisdiction.
by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the
Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amount set forth on
Exhibit A as the "Disbursement Amount".for the Jurisdiction. The Disbursement Amount
is the amount. of JAG funds allocated to the Jurisdiction by BJA Iess.10% of such
allocated amount to be retained by the City as compensation to th.e City for its role as
applicant/fiscal agent of such JAG funds. 'The Jurisdiction agrees to use the JAG funds
#or those projects .approved by'BJA under the. Recovery Act and the JAG program as
set forth in the application for the JAG funds s~lbmitted by the City to BJA. Prior. to
disbursement of the Disbursement Amount of JAG funds to the Jurisdiction, .the
.Jurisdiction agrees to enter into a contract with the City setting forth the Jurisdiction's -
and the City's assurances and obligations regarding the use of JAG funds, which shall
include without limitation compliance with all applicable laws and reporting requirements
under the Recovery Act in connection with the :use of the JAG funds (the "Contract").
Section 3
Nothing in the performance. ofthis MOU shall impose any liability for claims .against the.
Jurisdiction other then claims for which liability may be imposed by the California Tort .
Claims Act, or claims by the State or Federal Government for unallowable expenditure '
of the funds provided by this MOU.
Section 4
Nothing. in the performance of this MOIJ shall impose any liability for claims against
CITY other than claims for which liability may be imposed by the California Tort Claims
' Act, or claims by the State or Federal Government for unallowable expenditure of the
' funds provided by this MOU.
Section 5
Funding for all periods of this MOU is subject to the continuing availability of Federal
.funds for this program. The M4U may be terminated immediately upon written notice to
the Jurisdiction of a Toss or reduction of Federal grant funds. Any change in the terms of
this MOU, including any increase or.decrease in the amount of JAG funds awarded,
shall be incorporated into this MOU by a written amendment properly executed and
signed by the person authorized to bind the parties.
Section 6
Upon -the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide
.performance reports on a quarterly basis demonstrating progress in achieving desired
goals and outcomes in a form and manner as required under the JAG program and the
Recovery Act. Such reporting requirements shall also beset forth in the Contract;
which shall also provide. dates on which these reports shall be submitted to. the CITY.
Recovery Act JAG MOU 2 06/09
CITY CLERK'S OFFICE
`INTEROFFICE MEMORANDUM.
DATE: June 29, 2009
TO: Steve.Towles, Chief of Police
FR ~ Nelly Giron, City Clerk
RE: Resolution No. 9989 - A Resolution of the City Council
of the-City of Vernon Approving and Authorizing the
Execution of a Memorandum of Understanding Between
Jurisdictions and-the City of Los Angeles Regarding
the Recovery Act Justice Assistance Grant (JAG)
Program-Award
Transmitted herewith is a copy of Resolution No. 9989, as
referenced above, which was approved by City Council on June 29,
2009, and three partially. executed Memorandums of Understanding
to be signed by-the proper party..
Please ensure that one fully executed Memorandum of
Understanding is returned to the City Clerk's Office.
Thank-you:
NG:dj
c: Resolution No. 9989
Agreement 09-084
~oF ~Ee a~
. , - .
e
Gs~VELY INOJ
- ~ STAFF REPORT Ap~lza~~ ~ ~ `Q9 CI`CY COG`NGfL
~j~ X 0 ~00~ VERNON POLICE DEPARTMENT
GIT`l CLE K DI Fi l,1Tl®N
a o
DATE: June 4, 2009 ~ -
TO: Honorable Mayor and City Council _q~
FROM: Steve Towles, Chief
RE: Department of Justice Bureau of Justice Assistance Grant Program
City of Vernon Resolution #9949
SUMMARY
Attached are three copies of the Recovery Act Memorandum of Understanding (MOU) that must be
signed by our authorized representative.
BACKGROUND
The Police Department (PD) submitted a staff report concerning participation in the American Recovery
and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant Program, which was reviewed
by City Council on May 11, 2009. Council authorized the Police Department to participate in the
Department of Justice (DOJ), Bureau of Justice Assistance Grant (JAG) funding through the American
Recovery and Reinvestment Act of 2009. This was approved and issued Resolution #9949: In the
original staff report I said that the City of Los Angeles would draft an MOU and forward it to our City
Legal Department for review. That MOU has now been completed by the City of Los Angeles and I am
forwarding it to our Legal Department as outlined.
CONCLUSIONS
Attached is a copy of the original staff report, Resolution Number 9949 (first four pages only), a copy oP
the DOJ Recovery Act JAG program; Three (3) copies of the MOU, which includes a jurisdiction
allocation sheet listing the-local allocation amounts. Three (3) original copies of the MOU will need to be
forwarded back to the Los Angeles City Mayors Office by July 1, 2009. The MOU will need to be
reviewed and signed by Honorable Mayor Larry Gonzalez, City Attorney Jeff Harrison, and City Clerk
Manuela Giron.
The due date for the completed originals of the MOU is July 1, 2009. Please return the completed
original copies to Lt. Winegar in the PD and he will assure they are given to the City of Los Angeles'
Mayors office.
(i~ ~ ~
VERNON POLICE DEPARTMENT
OFFICE MEMORANDUM
June 8, 2009
JUN 1 O 2009
CITY CIEftK'S ~F~I~~,
TO: Donal O'Callaghan, CityAdministrator
FROM:.. Steve Towles, Chief of Police
SUBJECT: Request for JAG Grant MOU Signatures
On May 11, 2009, the City Council passed resolution #9949, authorizing the Police Department to
participate in the American Recovery. and Reinvestment Act Edward Byrne Memorial Justice Assistance
Grant (JAG). Program. Through this program, the City will be receiving $21,017.73 in grant funds,
earmarked for the purchase of,a new crime analysis and mapping software product.
A condition of the grant required the signing of an MOU that was to be completed by the City of Los
Angeles, which is administering the grant. At the time the resolution was passed, the MOU had not been
developed.
The Police Department recently received the MOU that was approved by the City of Los Angeles for
distribution to participating agencies. We are submitting three original MOU documents that require the
signature of the Mayor, City Attorney and City Clerk. These signed MOU documents must be returned to
the City of Los Angeles Mayor's Office by July 1, 2009.
I am requesting that once signatures have been obtained, the (3) copies of the MOU are returned to the
Police Department for delivery as required.
Rte' ~~~~7~' ~
JUN 0 8 2009
~Y.
y ~ uF VEq
APPRQYED AUG 31 'Q9 CITY CQUNC#L
~ ~
,w-,_,.~ Gs~~ELY 1N9V~
~,l~t~. ~ Z~Og T`A ~L.~nK 1~1E~tJ710N
~c~~~K°soF~~C~~ STAFF REPORT
- VERNON POLICE DEPARTMEN M
DATE: August 19, 2009
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, C"aptain
' RE: Department~of Justice Bureau of Justice Assistance Grant Program
City of Vernon Resolutions #9949 and #9989
Modification of MOU
SUMMARY
The City of Los Angeles has requested that we modify our MOU to reflect the actual grant period end
date of February 28, 2013 rather than 2012.
BACKGROUNll
The Police Department (PD) submitted a staff report concerning participation in the American Recovery
and Reinvestment Act Edward Byrne Memorial Justice Assistance Grant Program, which was reviewed
by City Council on May 1 1, 2009. Council authorized the Police Department to participate in the
Department of Justice (DOJ), Bureau of Justice Assistance Grant (JAG) funding through the American
Recovery and Reinvestment Act of 2009. This was approved and issued Resolution #9949. The City of
Los Angeles drafted an MOU and forward it to our City Legal Department for review. Resolution no.
9989 was approved on June 29, 2009, authorizing the execution of a Memorandum of Understanding.
That MOU has been approved and signed. Three original signed copies of the MOU were forwarded to
Terry Rose, Grant Analyst for the City of Los Angeles.
On August 18, 2009, Captain Calleros received an e-mail from Terry Rose of the City of Los Angeles.
The e-mail indicated the City of Los Angeles had given us the MOU with the ending date year of 2012,
when it should have been 2013.
CONCLUSIONS
The City of Los Angeles needs our authorized representative to send them an acknowledgment and
approval of the change in the grant end date. The City of Los Angeles has requested that we send this
acknowledgment in the form of an email as soon as possible. Upon approval, I will coordinate with Nelly
Giron to ensure -that our acknowledgment is sent.
VERNON POLICE DEPARTMENT `
OFFICE MEMORANDUM
August 26, 2009
TO: Donal O'Callaghan, City Administrator
FROM: Steve Towles, Chief of Police
SUBJECT: Request for Council Approval for Modification of Department of Justice Bureau
Assistance Grant Program MOU
The attached Staff Report requests City Council authorization to modify the department of Justice Bureau
Assistance Grant Program Memorandum of Understanding (MOU).
The Police Department received authorization from-City Council to participate in the Department of
Justice Bureau Assistance Grant Program (JAG) on May 11, 2009, Resolution No. 9949. The MOU was
later drafted by the City of Los Angeles (grant coordinator) and reviewed by the City Attorney's Office.
The City Council authorized the execution of the MOU on June 29, 2009, Resolution No. 9989 The
original signed copies of the MOU were then forwarded to the City of Los Angeles for final processing
- and approval.
On August 18, 2009, I received notification from representatives from the City of Los Angeles indicating
that the grant MOU was provided with an incorrect ending year. The ending grant performance year
should have been listed as 2013 versus 2012.
The City of Los Angeles is requesting that an authorized City representative provide acknowledgment and
approval of the modification made to the grant year end date. The acknowledgement should be provided
as soon as practical
Once the modification of the MOU is approved by Council, we will coordinate with City Clerk, Nelly
Giron, to ensure that the necessary notification of acknowledgment is provided to the City of Los
Angeles.
The attached MOU has been approved as to form by City Attorney's Office on August 26,.2009.
~
AUG 2 6 2009
BY: I
I have attached a copy of the e-mail sent by Terry Rose which requested our action. I will also attach a
copy of the MOU with the corrected date. The only location the date appeared on-the MOU was in
section 1 on page 2.
MEMORANDUM OF UNDERSTANDING BETWEEN
JURISDICTIONS AND THE CITY OF LOS ANGELES
RECOVERY ACT JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Memorandum of Understanding ("MOU") is made and entered into this 1 st day of
July 2009, by and among the City of Los Angeles, acting by and through its governing
body, the City Council ("CITY"), and each of the jurisdictions and entities, severally and
not. jointly, whose names are set forth on Exhibit A attached hereto and whose
signatures to this MOU are attached hereto, each acting by and through its respective
governing body (which jurisdictions and entities are hereinafter collectively referred to
as "Jurisdictions" and each individually as a "Jurisdiction"), the City and the Jurisdictions
being located in Los Angeles County, State of California.
WITNESSETH
WHEREAS, this MOU is .authorized pursuant to Section 23005 of the
.Government Code; and
WHEREAS, this MOU is authorized by the Los Angeles City Council and the
Mayor of Los Angeles (refer to Council File 09-0648-S5 dated May 22, 2009) and the
,Jurisdiction's respective governing body (i.e. its City Council and Mayor or Board of
Supervisors); and
WHEREAS, the United States Department of Justice, Office of Justice Programs'
Bureau of Justice Assistance ("BJA") administers the U.S. Department of Justice,
Recovery Act Edward Byrne Memorial Justice Assistance Grant ("JAG") Program; and
WHEREAS, BJA requires a Memorandum of Understanding ("MOU") between
the Jurisdiction and City prior to allocating -JAG funds; and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party;
and
WHEREAS, each governing body finds that the performance of this MOU is in
the best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the services or functions
under this MOU; and
WHEREAS, the CITY agrees to serve as the applicant/fiscal agent for the JAG
funds allocated to the Jurisdiction and 'to provide the Jurisdiction with the amount of
JAG. funds approved by BJA for use as approved by BJA under the American Recovery
and Reinvestment Act of 2009 (the "Recovery Act");
NOW THEREFORE, the Jurisdiction and CITY agree as follows:
Recovery Act JAG MOU 1 06/09
Section 1
The term of this MOU shall commence,on March 1,.2009 and end February 28, 2013.
Said term is subject to the provisions herein..
Section 2
Exhibit A to this MOU sets forth the. amount of JAG funds allocated to each Jurisdiction
by BJA. Upon the disbursement by BJA to the City of JAG funds allocated to the
Jurisdiction, the CITY agrees to disburse to the Jurisdiction that amounf set forth on
Exhibit A as the "Disbursement Amount" for the Jurisdiction. The Disbursement Amount
is the amount of JAG funds allocated to the Jurisdiction by BJA less 10% of such
allocated amount to be retained by the City as compensation to the City for its role as
applicant/fiscal agent of such JAG funds. The Jurisdiction agrees to use the JAG funds
for those projects approved by BJA under the Recovery Act and the JAG program as
set forth in the application for the JAG funds submitted by the City to BJA. Prior to
disbursement of the Disbursement Amount of JAG funds to the Jurisdiction, the
Jurisdiction agrees to enter into a contract with the City setting forth the Jurisdiction's
and the City's assurances and obligations regarding the use of JAG funds, which shall
include without limitation compliance with all applicable laws and reporting requirements
under the Recovery Act in connection with the use of the JAG funds (the "Contract").
Section 3
Nothing in the performance of this MOU shall impose any liability for claims against the
Jurisdiction other then claims for which liability may be imposed by the California Tort
Claims Act, or claims by the State or Federal Government for unallowable expenditure
of the funds provided by this MOU.
Section 4
Nothing in the performance of this MOU shall impose any liability for claims. against
CITY other than claims for which liability may be imposed by the California Tort Claims
Act, or claims by the State or Federal Government for unallowable expenditure of the
funds provided by this MOU.
Section- 5
Funding for all periods of this MOU is subject to the continuing availability of Federal
funds for this program. The MOU may be terminated immediately upon written notice to
the Jurisdiction of a loss or reduction of Federal grant funds. Any change in,.the terms of
this MOU, including any increase or decrease in the amount of JAG funds awarded,
shall be incorporated into this MOU by a written amendment properly executed and
signed by the person authorized. to bind the parties.
Section 6
Upon the disbursement of funds to the Jurisdiction, the Jurisdiction shall provide
performance reports on a quarterly basis demonstrating progress in achieving desired
goals and outcomes in a form and manner as required under the JAG program and the
Recovery Act. Such reporting requirements shall also be set forth in the Contract,
which shall also provide dates on which these reports shall be submitted to the CITY.
Recovery Act JAG MOU 2 06/09
Section 7
Each of the parties to this MOU is a public entity. In contemplation of the provisions_of
Section 895.2 of the Government Code of the State of California imposing certain tort
liability jointly upon public entities, solely by reason of such entities being parties to an
MOU as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said
Code, will each assume the full liability imposed upon it or upon any of its officers,
agents, or employees by law, for injury caused by a negligent or wrongful act or
omission occurring in the performance of this MOU, to the same extent that such liability
would be imposed in the absence of Section 895.2 of said Code. To achieve the above
stated purpose, each party indemnifies and holds harmless the other party solely by
.virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is
made a part hereto as if fully set forth herein. The Jurisdiction certifies that it has
adequate self insured retention of funds to meet any obligation arising from this MOU.
CITY also certifies that it has adequate self-insured retention of funds to meet any
obligation arising from this MOU.
Each party to this MOU will be responsible for its own actions in providing services
under this MOU and shall not be liable for any civil liability that may arise from the
furnishing of the services by the other party.
Section 8
The parties to this MOU warrant that they will abide by all the Federal, State and other
governmental rules and regulations applicable to the JAG funds and the Recovery Act.
The Jurisdiction shall be liable to the City, as fiscal agent, for any sums spent under the
JAG grant found to be ineligible by the State or Federal government. The Jurisdiction
- shall cooperate and assist the City in any audit, or administrative or judicial actions
brought by the State or Federal government concerning the activities funded by this
MOU.
Section 9
The parties to this MOU do not intend for any third party to obtain a right by virtue of this
MOU.
Section 10
By entering into this MOU, the parties do not intend to create any obligations express or
implied other than those set out herein. Further, this MOU shall not create any rights in
any party not a signatory hereto.
Section 11
This MOU may be executed in any number of counterparts, each of which shall be an
original, but all of which together shall constitute one instrument.
Recovery Act JAG MOU 3 06/09
IN WITNESS WHEREOF, the governing bodies of the parties hereto have
authorized the foregoing Memorandum of Understanding between the Jurisdiction
whose execution is set forth below and the City of Los Angeles to be executed on the
1st day of July 2009.
CITY OF APPROVED AS TO FORM:
(NAME AND Title) (JURISDICTION)
(NAME AND Title)
By: By:
(Title)
Date: Date:
ATTEST: Attach City Seal Below:
(NAME AND Title)
By:
(Title)
Date:
CITY OF LOS ANGELES Attach City Seal Below:
ANTONIO R. VILLARAIGOSA, Mayor
By:
Date:
APPROVED AS TO FORM:
CITY OF LOS ANGELES ATTEST:
CARMEN TRUTANICH, City Attorney JUNE l_AGMAY, City Clerk
By: By:
Deputy City Attorney Deputy City Clerk
Date: Date:
Council File/CAO Number 09-0648-S5 Date: May 22, 2009
Said MOU is Number of City Contracts
Recovery Act JAG MOU 4 06/09
EXHIBIT A
ALLOCATED 10% DISBURSEMENT
JURISDICTION AMOUNT DEDUCTION AMOUNT
AGOURA HILLS CITY $21,764.22 .$2,176.42 $19,587.80
ALHAMBRA CITY $143,455.23 $14,345.52 $129,109.70
ARCADIA CITY $71,330.16 $7,133.02 $64,197.14
ARTE$IA CITY $47,500.98 $4,750.10 $42,750.88
AZUSA CITY $93,571.53 $9,357.15 $84,214.38
BALDWIN PARK CITY $152,033.81 $15,203.38 $136,830.43
BELL CITY $79,908.74 $7,990.87 $71,917.87
BELL GARDENS CITY $124,391.48 $12,439.15 $111,952.33
BELLFLOWER CITY $241,157.67- $24,115.77. $217,041.90
BEVERLY HILLS CITY $67,676.39 $6,767.64 $60,908.75
BURBANK CITY $122,644.29 $12,264.43 $110,379.86
CARSON CITY $328,533.33 $32,853.33 $295,680.00
CERRITOS CITY $77,049.88 _ $7,704.99 $69,344.90
CLAREMONT CITY $37,333.58 $3,733.36 $33,600.23
COMMERCE CITY $65,611.44 $6,561.14 $59,050.29
COMPTON CITY $798,455.93 $79,845.59 $718,610.33
COVINA-CITY $95,318.72 $9,531.87 $85,786.85
CUDAHY CITY $61,322.14 $6,132.21 $55,189.93
CULVER-CITY $90,553.29 $9,055.33 $81,497.96
DIAMOND BAR CITY $55,284.66 $5,528.47 $49,756.19
DOWNEY CITY $224,794.40 $22,479.44 $202,314.96
DUARTE CITY $45,117.26. $4,511.73 $40,605.53
EL MONTE CITY $321,701.94 $32,170.19 $289,531.74
EL SEGUNDO CITY $16,839.41 $1,683.94 $15,155.47
GARDENA CITY $230,354.75 $23,035.47 $207,319.27
GLENDALE CITY $173,639.66 $17,363.97 $156,275.69
GLENDORA CITY $33,679.82 $3,367.98 $30,311.83
HAWAIIAN GARDENS CITY $71,489.54 $7,148.95 $64,340.59
HAWTHORNE CITY $303,114.34 $30;311.43 $272,802.90
HERMOSA BEACH CITY $28,595.62 $2,859.56 $25,736.05
HUNTINGTON PARK CITY $275,472.01 $27,547.20 $247,924.81
INGLEWOOD CITY $499,471.50 $49,947.15 $449,524.35
IRWINDALE CITY $10,643.54 $1,064.35 $9,579.19
LA CANADA FLINTRIDGE CITY $11,438.45 $1,143.84 $10,294.60
LA MIRADA CITY $55,284.66 $5,528.47 $49,756.19
LA PUENTE.CITY $113,430.18 $11.,343.02 $102,087.16
LA VERNE CITY.- $33,202.67 $3,320.27 $29,882.40
LAKEWOOD CITY $196,198.79 $19,619.88 $176,578.91
LANCASTER CITY $599,080.52 $59,908.05 $539,172.47
LAWNDALE CITY $104,374.45 $10,437.45 $93,937.01
LOMITA CITY $50,995.37 $5,099.54 $45,895.83
LONG BEACH CITY $1,627,573.43 $162,757.34 $1,464,816.09
"**LOS ANGELES $14,313,589.02 $1,431,358.90 $12,882,230.12
**"LOS ANGELES COUNTY $3,579,707.65 $357,970:77 $3,221,736.89
LYNWOOD CITY $332,027.71 $33,202.77 $298,824.94
MALIBU CITY $11,438.45 $1,143.84 $10,294.60
Recovery Act JAG MOU 5 06/09
MANHATTAN BEACH CITY $27,642.33 $2,764.23 $24 878.10
MAYWOOD CITY $75,778.83 $7,577.88 $68,200.95
MONROVIA CITY $64,658.15 $6,465.81 $58,192.33
MONTEBELLO CITY $127,409.72 $12,740.97 $114,668.75
MONTEREY PARK CITY $80,862.03. $8,086.20 $72,775.83
NORWALK CITY $261,650.84 $26,165.08 $235,485.76
PALMDALE CITY $488,351.82 $48,835:18 $439,516.64
PARAMOUNT CITY $209,384.43 $20,938.44 $188,445.98
PASADENA CITY $342,830.64 $34,283.06 $308,547.57
PICO RIVERA CITY $148,538.42 $14,853.84 $133,684.58
POMONA CITY $591,772.98 $59,177.30 $532,595.68
RANCHO PALOS VERDES CITY $20,017.03 $2,001.70 $18,015.33
REDONDO BEACH CITY $98,020.20 $9,802.02 $88,218.18
ROSEMEAD CITY $113,906.32 $11,390.63 $102,515.69
SAN DIMAS CITY $39,716.30 $3,971.63 $35,744.67
SAN FERNANDO CITY $58,303.90 $5,830.39 $52,473.51
SAN GABRIEL CITY $98,496.35 $9,849.63 $88,646.71
SANTA CLARITA CITY $174,751.32 $17,475.13 $157,276.19
SANTA FE SPRINGS CITY $68,947:44 $6,894.74 $62 052.70
SANTA MONICA CITY $275,949.15 $27,594.92 $248,354.24
SIGNAL HILL CITY $30,660.57 $3,066.06 $27,594.51
SOUTH EL MONTE CITY $64,498.77. $6,449.88 $58;048.89
SOUTH GATE CITY $255,772.74 $25,577.27 $230,195.46-
SOUTH PASADENA CITY $19,063.74 $1,906.37 $17,157.37
TEMPLE CITY $36,698:06 $3,669.81 $33,028.25
TORRANCE CITY $161,565.68 $16,156.57. $145,409.12
VERNON CITY $23,353.04 $2,335.30 $21,017.73
WALNUT CITY $23,353.04 $2,335.30 $21,017.73
WEST COVINA CITY $184,442.58 $1.8,444.26 $165,998.32
WEST HOLLYWOOD CITY- $157,118.01 $15,711.80 $141,406.21
WHITTIER CITY $152,510.96 $15,251.10 $137,259.86
'"'"*Los Angeles City and Los Angeles County will pool together their respective
disbursement amounts-and allocate from such pool $14,103,967.01 to be used for the
Los Angeles Regional Interoperable Communications System ("LA-RICS"). The
remainder of the $2,000,000 from such pool after the allocation will be split evenly
between them for their respective use as approved under the JAG Grant.
The 10% deduction from all other jurisdictions will be added to the City's total for
Management and Administration of the grant for a total of $1,623,493.50.
Recovery Act JAG MOU 6 06/09
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: April 26, 2010
TO: Jerry Winegar, Lieutenant
FROM: Willard Yamaguchi, City Clerk
RE: Subrecipient Agreement - American Recovery and
Reinvestment Act Edward Byrne Memorial Justice
Assistance Grant (JAG) Program
Transmitted herewith is a copy of the fully executed agreement.
referenced above, which was approved by City Council on June 29,
2009.
wY : dj
c: Resolution No, 9949, 9989, 10,055
.Agreement No. 10,059
~I
OF SUS q1'C
v
~GNDED
OFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
April 21, 2010
The Honorable Hilario Gonzales
Mayor
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
RE: Subrecipient Agreement: C-117131 - ARRA .JAG Grant 2009
Dear Mayor Gonzales,
Enclosed, please find the executed Subrecipient Agreement between the City of Los
Angeles and the City of Vernon for your records.
Should you have any questions relative to this matter, please contact Thalia
Polychronis, Grant Specialist at (213) 978-0825 or myself at (213)978-2619.
Thank you.
Very truly yours,
Te
Grant Analyst
Office of the Mayor
Homeland Security and Public Safety
Enclosure
cc: Donal O'Calleghan, City Administrator
ZOO NORTH SPRING STREET LOS ANGELES, CALIFORNIA 90012
PHONE: (213) 978-0600 FAX: (213) 978-0750
EMAIL: MAYORG°~LACITY.ORG
SUBRECIPIENT AGREEMENT
Jurisdiction:. City of Vernon
Title: American Recovery and Reinvestment Act
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
~1i7~.~~
City Contract Number
TABLE OF CONTENTS
Section Description Page
INTRODUCTION
§101. Parties to the Agreement 2
§102. Representatives of the Parties and Service of Notices 2
§103. Independent Party 3
§104. Conditions Precedent to Execution of This Agreement 3
II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance 4
§202. Use of Grant Funds 4
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment 6
IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein 8
§402. Applicable Law, Interpretation and Enforcement 8
§403. Integrated Agreement 8
§404. Excusable Delays 8
§405. Breach 9
§406. Prohibition Against Assignment or Delegation 9
§407. Permits ...............................................................................................................9
§408. Nondiscrimination and Affirmative Action 9
§409. Los Angeles City Business Tax Registration Certificate ..................................10
§410. Bonds .............................:.................................................................................10
§411. Indemnification .................................................................................................10
§412. Conflict of Interest ............................................................................................11
§413. Insurance .........................................................................................................13
§414. Restriction on Disclosures ...............................................................................13
§415. Statutes and Regulations Applicable To All Grant Contracts ...........................13
§416. Federal, State and Local Taxes 26
§417. Inventions, Patents and Copyrights 26
§418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage
Policy 28
§419. Earned Income Tax Credit 28
JAG ARRA Subrecipient Agreement j
§420. Equal Benefits Ordinance 28
§421.Contractor Responsibility Ordinance 28
§422. Slavery Disclosure Ordinance 28
§423. Child Support Assignment Orders 28
§424. Minority, Women, and Other Business Enterprise Outreach Program 28
V.
DEFAULTS, SUSPENSION, TERMINATION. AND AMENDMENTS
§501. Defaults ............................................................................................................29
§502. (This section intentionally left blank.) 29
§503. (This section intentionally left blank.) 29
§504. (This section intentionally left blank.) 29
§505. Amendments ....................................................................................................29
VI.
ENTIRE AGREEMENT
§601. Complete Agreement 30
§602. Number of Pages and Attachments 30
Execution (Signature) 31
JAG ARRA Subrecipient Agreement II
EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Drug Free Requirements
Exhibit E Job Creation Worksheet and Jobs Guidance
Exhibit F Internet Resources for Recovery Act JAG 09
Exhibit G Modification Request Form
Exhibit H Grant Special Conditions
ATTACHMENT 1 Budget/Expenditure Plan
JAG ARRA Subrecipient Agreement ili
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made and
entered into by and between the City of Los Angeles, a municipal corporation (the
"City"), and City of Vernon, a municipal corporation (the "Subgrantee" or "Subrecipient").
WITNESSETH
WHEREAS, the U.S. Department of Justice ("DOJ" or "Grantor"), through its
Office of Justice Programs ("OJP") Bureau of Justice Assistance ("BJA"), has provided
financial assistance to the City and 76 disparate participating jurisdictions within the
County of Los Angeles through the Fiscal Year (FY) 2009 Recovery Act Justice
Assistance Grant program ("Recovery Act JAG 09") in the amount of $30,514,178, such
grant having been accepted by the City Council (C.F.09-0648-S5,-dated 11/05/09); and
WHEREAS, this financial assistance is administered by the City of Los Angeles
as fiscal agent for the Recovery Act JAG 09 Grant (the "Grant'); and
WHEREAS, this financial assistance is being provided to support all components
of the criminal justice system for the participating jurisdictions, with each jurisdiction's
allocations to be used for activities and projects that will provide meaningful and
measureable outcomes consistent with the goals of American Recovery and
Reinvestment Act of 2009 (the "Recovery Act"); and
WHEREAS, the Subrecipient is one of the 77 participating jurisdictions; and
WHEREAS, the City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ("Mayor's Office") to provide for the proper monitoring of the
funding and administration of the Recovery Act JAG 09 Grant; and
WHEREAS, the Mayor's Office now wishes to distribute the Recovery Act JAG
09 Grant funds allocated to the Subrecipient as a participating jurisdiction as further
detailed in this Agreement; and
WHEREAS, the City and Subrecipient are desirous of executing this Agreement
as authorized by the City Council and the Mayor (refer to Council File Number 09-0648-
. S5 dated 11/20/09) which authorizes the City to prepare-and execute the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and the mutual benefits to be derived therefrom, the City and the Subrecipient (each a
"Party" and collectively, the "Parties") agree as follows:
JAG ARRA Subrecipient Agreement 1
.
INTRODUCTION
§101. Parties to the Agreement
The Parties to this Agreement are:
A. The City of Los Angeles, a municipal corporation, having its principal office at
200 North Spring Street, Los Angeles, California 90012; and
B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa
Fe Avenue, Vernon, California 90058
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications shall
be given are as follows:
1. The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
Eileen Decker, Deputy Mayor-
Office of the Mayor, Homeland Security and Public Safety
200 N. Spring Street, Room M-180
Los Angeles, CA 90012
Phone: (213) 978-0687
Fax: (213) 978-0718
2. The representative of City of Vernon shall be:
Hilario Gonzales, Mayor
4305 Santa Fe Ave.
Vernon, CA 90058
Phone: (323) 583-8811
with a copy to:
Donal O'Callaghan, City Administrator
4305 Santa Fe Ave.
Vernon, CA 90058
Phone:. (323) 583-8811 ext. 398
JAG ARRA Subrecipient Agreement 2
B. Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the City. No employee of Subrecipient, is, or shall be an employee
of the City virtue of this Agreement, and Subrecipient shall so inform each
employee organization and each employee who is hired or retained under this
Agreement. Subrecipient shall not represent or otherwise hold out itself or any of
its directors, officers, partners, employees, or agents to be an agent or employee
of the City.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide copies of the following documents to the City of Los
Angeles, unless otherwise exempted.
A. This Section is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with §415L of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with §415C of
this Agreement and attached hereto as Exhibit C and made a part hereof.
.Subrecipient shall also file a Disclosure Form at the end of each calendar quarter
in which there occurs any event requiring disclosure or which materially affects
the accuracy of the information contained in any Disclosure Form previously filed
by City of Vernon.
D. Certification Regarding Drug Free Workplace Requirements in accordance with
§415.A.13 of this Agreement and attached hereto as Exhibit D and made a part
hereof.
JAG ARRA Subrecipient Agreement 3
II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on March 1, 2009 and end February
28, 2013, and any additional period of time as is required to complete any
necessary close out activities. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. Subrecipient's allocation and use of funds under this Grant shall comply and be
in accordance with, and subject to, the guidance and requirements set forth in
the following documents: (1) the Office of Justice Programs (OJP) Financial
Guide 2008, (2) OJP Procurement Procedures Guide, (3) Office of Management
and Budget (OMB) Implementing Guidance for the Reports on Use of Funds
Pursuant to the American Recovery and Reinvestment Act of 2009, (4) Recovery
Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program:
Local Solicitation, (5) Recovery Act: Edward Byrne Memorial Justice Assistance
Grant (JAG) Program Frequently Asked Questions, (6) OJP Recovery Act
Additional Requirements, (7) OMB Recipient Reporting Data Model, (8)
Calculating ;and Reporting Job Creation and Retention for Recipients of Recovery
Act Funding from Office of Justice Programs; Office on Violence Against Women,
.and Office of Community Oriented Policing Services, and (9) this Agreement. As
a convenience, Exhibit F to this Agreement sets forth website addresses at which
the above set forth documents may be found. Subrecipient shall use funds under
this Grant to support the goals and objectives included in the Recovery Act and
the Recovery Act JAG 09 program as well as the activities, objectives and goals
identified as part of the Subrecipient's requested allocation in the Recovery Act
JAG 09 application as approved by the Grantor.
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan attached hereto as Attachment 1 (the "Budget"). The
Budget contains a detailed listing of items for expenditure under the terms of this
Agreement, and Subrecipient shall use the funds disbursed under this
Agreement only for such items. Any request by Subrecipient to modify the
Budget must be made in writing and must be approved in writing by the Parties
during the term of this Agreement.
1. Any request by Subrecipient to modify the Budget must be made in writing
and accompanied by a completed Modification Request Form, attached
hereto as Exhibit G. All modification requests must be approved in writing
by the City during the term of this Agreement.
2. Budget modification requests must be submitted to the City no later than
30 days before the end of each fiscal quarter for which modification is
sought. Submissions made after the deadline will be returned to the
JAG ARRA Subrecipient Agreement 4
Subrecipient and will not be accepted until the following submission
period. The City will notify the Subrecipient in writing if modification
requests are inaccurate and/or incomplete. Inaccurate and/or incomplete
modification requests shall be returned to the Subrecipient for revision and
shall be accepted by the City in writing when modification requests are
accurate and complete. Subrecipient shall not expend any Grant funds on
modified budget items until such modification is approved by the City and
Grantor.
3. Final modification requests must be submitted to the City no later than 90
days prior to the end of the grant period to provide the City time to meet
Grantor requirements. At that time, any unexpended funds may be re-
directed to other needs as directed or approved by the Grantor.
C. Grantor may approve grant extensions to Time of Performance at its sole
discretion. Any request by Subrecipient to extend Time of Performance must be
made in writing to the Mayor's Office. All extension requests must be approved
by Grantor in writing during the term of this Agreement.
D. Grant extension requests must be submitted to the City no later than 90 days
before the end of the applicable Grant performance period deadline. Grant
extension requests made after such 90 days date will be returned to the
Subrecipient and will not be accepted. The City will notify the Subrecipient in
writing if project extension requests are inaccurate and/or incomplete. Inaccurate
and/or incomplete project extension requests shall be returned to the
Subrecipient for revision and shall be accepted by the City when project
extension requests are accurate and complete.
JAG ARRA Subrecipient Agreement 5
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount
of twenty one thousand and seventeen dollars and seventy three cents
($21,017.73) to be used for the funding of activities as described in §202 above
and as set forth in the Budget. Such Grant amount represents the amount
allocated to Subrecipient in the Recovery Act JAG 09 Grant by Grantor.
Subrecipient agrees to obligate and expend the Grant funds in the trust fund
(including any interest earned) during the period of the Grant. Grant funds
(including any interest earned) not expended by the end of the grant period must
be returned to the City to be returned to the Grantor no later than 90 days after
the end of the Grant period, along with the final submission of the Federal
Financial Report (FFR Form 425).
Disbursement of such funds shall be made up on execution of this Agreement
and receipt of Grant funds by the City from the Grantor.
B. Notwithstanding anything to the contrary in this Agreement, Subrecipient shall
prepare, maintain, and provide to the City on a quarterly basis, any and all
invoices, purchase orders, proof of delivery, proof of payment and payroll
records, timesheets, receipts and any other supporting documentation necessary
to fully and accurately describe and support the use of Grant funds under this
Agreement. All such documentation shall be submitted to the City commencing
on the 5t" day of January, April, July and October until the end of the Grant term.
Such documentation shall be sufficient to fully and accurately describe and
support the use of Grant funds for such quarter for which documentation is
provided, all in accordance with the Recovery Act JAG 09 Grant requirements
(the "Payment Information") and applicable Federal, State and City audit and
review standards and requirements. The City may request, in writing, changes to
the content and format of such documentation at any time, and the City reserves
the right to request additional supporting documentation to substantiate costs
incurred at any time. Documents shall be submitted to the attention of:
Charles De Cuir, Financial Management Unit Director
Mayor's Office of Homeland Security & Public Safety
200 N. Spring Street, Room M185
Los Angeles, CA 90012
C. Interest Income: Subrecipient must account for all- interest income earned from
the Recovery Act JAG 09 Grant. In accordance with OJP financial guidelines,
interest earned on JAG funds is considered program income, and must be
expended only on allowable purpose areas under these programs. Subrecipient
will maintain records of and account for any interest earned on Recovery Act
JAG funds. In order to reprogram and expend interest earned, Subrecipient must
JAG ARRA Subrecipient Agreement g
submit a Budget Modification Request to the City for approval prior to expending
the interest amount. Interest earned not expended by the close of the Grant
period must be returned to the City to be returned to the grantor no later than 90
days after the end of the Grant. period.
D. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set forth herein.
E. (This section intentionally blank.)
F. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
immediately upon written notice to Subrecipient of a loss or reduction of federal
grant funds.
II
i
JAG ARRA Subrecipient Agreement 7
Iv.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement 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 "Subrecipient" herein and in any amendments hereto includes the party
or parties identified in this Agreement. The singular shall include the plural. If
there is more than one Subrecipient as identified herein, unless expressly stated
otherwise, their obligations and liabilities hereunder shall be joint and several.
Use of the feminine, masculine, or neuter genders shall be deemed to include the
genders not used.
§402. Applicable Law Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the City, including but not
limited to, laws. regarding health and safety, labor and employment, wage and
hours and licensing laws which affect employees. This Agreement shall be
enforced and interpreted under the laws of the State of California and the City
without regard to conflict of law principles. Subrecipient shall comply with new,
amended, or revised laws, regulations, and/or procedures that apply to the
performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Los Angeles County, California.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining parts, terms
or provisions of this Agreement shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Excusable Delays
In the. event that performance on the part of any party hereto is delayed or
suspended as a result of circumstances beyond the reasonable control and.
JAG ARRA Subrecipient Agreement $
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder
include, but are not limited to, acts of God or of the public enemy; insurrection;
acts of the Federal .Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation, to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays as described in §404 herein, if any party fails-to
perform, in whole or in part, any promise, covenant, or agreement set forth
herein, or should any representation made by it be untrue, any aggrieved party
may avail itself of all rights and remedies, at law or equity, in the courts of law.
Said rights and remedies are cumulative of those provided for herein except that
in no event shall any party recover more than once, suffer a penalty or forfeiture,
or be unjustly compensated.
§406. Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the
City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
Subrecipient and its directors, supervisors, officers, agents, employees and
contractors/subcontractors, to the extent allowed hereunder, shall obtain and
maintain all licenses, permits, certifications and other documents necessary for
Subrecipient's performance hereunder and shall pay any fees required therefore.
Subrecipient certifies to immediately notify the City of any suspension,
termination, lapses, non-renewals or restrictions of licenses, permits, certificates,
or other documents.
§408. Nondiscrimination and Affirmative Action
A. Subrecipient shall comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of
California, and the City. In performing this Agreement, the Subrecipient shall not
discriminate in its employment practices against any employee or applicant for
employment because of such person's race, religion, national origin, ancestry,
sex, sexual orientation, age, physical handicap, mental disability, marital status,
JAG ARRA Subrecipient Agreement g
I
I
domestic partner status, or medical condition. The Subrecipient shall comply
with Executive Order 11246, entitled "Equal Employment Opportunity", as
amended by Executive Order 11375, and as supplemented in Department of
Labor regulations (41 CRF Part 60).
B. The Subrecipient shall comply with the provisions of the Los Angeles
Administrative Code §§10.8 through 10.13, to the extent applicable hereto. If this
Agreement contains a consideration in excess of $1,000 but not more than
$100,000, the Equal Employment practices provisions of this Agreement shall be
the mandatory contract provisions set forth in Los Angeles Administrative Code
§10.8.3, in which event said provisions are incorporated herein by this reference.
If this Agreement contains a consideration in excess of $100,000, the Affirmative
Action Program of this Agreement shall be the mandatory contract provisions set
forth in Los Angeles Administrative Code §10.8.4, in which event said provisions
are incorporated herein, by this reference. Subrecipient shall also comply with all
rules, regulations, and policies of the City's Board of Public Works, Office of
Contract Compliance relating to nondiscrimination and affirmative action,
including the filing of all forms required by City.-
C. Any subcontract entered into by the Subrecipient relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of this paragraph.
§409. Los Angeles City Business Tax Registration Certificate
Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1,
Chapter 2, §21.00 et seq., 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 Administrative Officer, Risk Management for its review
and acceptance in accordance with Los Angeles Administrative Code §§11.47-
- 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of §895.2 of the Government Code of the State of California imposing
certain tort liability jointly upon public entities, solely by reason of such entities
being parties to an Agreement as defined by §895 of said Code, the parties
hereto, as between themselves, pursuant to the authorization contained in
§§895.4 and 895.6 of said Code, will each assume the full liability imposed upon
it or upon any of its officers, agents, or employees by law, for injury caused by a
negligent or wrongful act or omission occurring in the performance of this
Agreement, to the same extent that such liability would be imposed in the
absence of §895.2 of said Code. To achieve the above-stated purpose, each
JAG ARRA Subrecipient Agreement 10
i
party indemnifies and holds harmless the other party solely by virtue of said
§895.2. The provision of §2778 of the California Civil Code is made a part hereto
as if fully set. forth herein. Subrecipient certifies that it has adequate, self insured
retention of funds to meet any obligation arising from this Agreement.
A. Pursuant to Government Code §§895.4 and 895.6, the parties shall each assume
the full liability imposed upon it, or any of its officers, agents or employees, by
law for injury caused by any negligent or wrongful act or omission occurring in
the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss, costs, or
expenses that may be imposed upon such other party by virtue of Government
Code §895.2, which imposes joint civil liability upon public entities solely by
reason of such entities being parties to an agreement, as defined by Government
Code §895.
C. In the event of third-party loss caused by negligence, wrongful act or omission by
both Parties, each party shall bear financial responsibility in proportion to its
percentage of fault as may be mutually agreed or judicially determined. The
provisions of Civil Code §2778 regarding interpretation of indemnity agreements
are hereby incorporated.
§412. Conflict of Interest
A. Subrecipient covenants that none of its directors, officers, employees, or agents
shall participate in selecting, or administrating any subcontract supported (in
whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
1. A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California
Political Reform Act, California Government Code §87100 et seq. if such
person were a public officer, because such person would have a "financial
or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic partner
and/or those persons related by blood or marriage, such as husband, wife,
father, mother, brother, sister, son, daughter, father in law, mother in law,
brother in law, sister in law, son in law, daughter in law.
JAG ARRA Subrecipient Agreement 11
2. The term "financial or other interest" includes but is not limited to: ~
a. Any direct or indirect financial interest in the specific contract,
including a commission or fee, a share of the proceeds, prospect of
a promotion or of future employment, a profit, or any other form of
financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or
more; ownership of five percent or more of the stock; employment
in a managerial capacity; or membership on the board of directors
or governing body.
C. (This section intentionally left blank.)
D. The Subrecipient further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary value from any
actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any officer,
employee, or agent).
E. The Subrecipient shall not subcontract with a former director, officer, or
employee within a one year period following the termination of the relationship
between said person and the Subrecipient.
F. Prior to obtaining the City's approval of any subcontract, the Subrecipient shall
disclose to the City any relationship, financial or otherwise, direct or indirect, of
the Subrecipient or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws of
the City of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
H. The Subrecipient warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
I. The Subrecipient covenants that no member, officer or employee of Subrecipient
shall have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his/her tenure as such employee, member or officer or for one year thereafter.
J. The Subrecipient 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".
JAG ARRA Subrecipient Agreement 12
§413. Insurance
This section is not applicable to this Agreement, and is intentionally left blank.
§414. Restriction on Disclosures
Any reports, analysis, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code §6250 et seq.).
§415. Statutes and Regulations Applicable To All Grant Contracts
A. Subrecipient shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. Subrecipient shall comply with state and federal laws and regulations
pertaining to labor, wages, hours, and other conditions of employment.
Subrecipient shall comply with new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These
requirements include, but are not limited to:
1. Office of Management and Budget (OMB) Circulars
Subrecipient shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions}; OMB Circular
A-87 (Cost Principles for State, Local, and Indian Tribal Governments);
OMB Circular A-102 (Grants and Cooperative Agreements with State and
Local Governments); Common Rule, Subpart C for public agencies or
OMB Circular A-110. (Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and
Other Non-Profit Organizations); OMB Circular A-122 (Cost Principles for.
Non-Profit Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non-Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
Subrecipient shall adhere to the rules and regulations of the Single Audit
Act, 31 U.S.C. §7501 et seq.; City Council action dated February 4, 1987
(C.F. No. 84 2259 S1); and any administrative regulation or field memos
implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that it will comply with the Americans with
Disabilities Act 42, U.S.C. §12101 et seq., and, its implementing
regulations. Subrecipient will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
JAG ARRA Subrecipient Agreement 13
participate in its programs, services and activities in accordance with the
provisions of the Americans with Disabilities Act. Subrecipient 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 Subrecipient, relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of this
paragraph.
4. Political and Sectarian Activitv Prohibited
a. None of the funds, materials, property or services provided directly
or indirectly under this Agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate
for public office. Subrecipient shall not use any funds provided
under this Agreement, either directly or indirectly, in support of
enactment, repeal, modification or adoption of any law, regulation,
or policy, at any level of government. None of the funds provided
pursuant to this Agreement shall be used for any sectarian purpose
or to support or benefit any sectarian activity.
b. If this Agreement provides for more than $100,000.00 in grant
funds or more than $150,000 in loan funds, Subrecipient shall
submit to the City a Certification Regarding Lobbying and a
Disclosure Form, if required, in accordance with 31 U.S.C. §1352.
A copy of the Certificate is attached hereto as Exhibit C. No funds
will be released to Subrecipient until the Certification is filed.
c. Subrecipient shall file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring
disclosure or which materially affects the accuracy of any of the
information contained in any Disclosure Form previously filed by
Subrecipient. Subrecipient shall require that the language of this
Certification be included in the award documents for all sub-awards
at all tiers and that all subcontractors shall certify and disclose
accordingly.
5. Records Inspection
a. At any time during normal business. hours and as often as the City,
the U.S. Comptroller General and the Auditor General of the State
of California may deem necessary, Subrecipient shall make
available for examination all of its records with respect to all matters
covered by this Agreement. The City, the U.S. Comptroller General
and the Auditor General of the State of California shall have the
authority to audit, examine and make excerpts or transcripts from
records, including all Subrecipient's invoices, materials, payrolls,
records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
JAG ARRA Subrecipient Agreement 14
b. Subrecipient agrees to provide any reports requested by the City
regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the City with respect to all matters covered on
file for all documents specified in this Agreement. Original forms are to be
maintained on file for all documents specified in this Agreement. Such
records shall be retained for a period of five (5) years after termination of
this Agreement and after final disposition of all pending matters. "Pending
matters" include, but are not limited to, an audit, litigation or other actions
involving records. The City may, at its discretion, take possession of,
retain and audit said records. Records, in their original form pertaining to
matters covered by this Agreement, shall at all times be retained within the
County of Los Angeles unless authorization to remove them is granted in
writing by the City.
7. Subcontracts and Procurement
Subrecipient shall comply with the federal and Subrecipient standards in
the award of any subcontracts. For purposes of this Agreement,
subcontracts shall include but not be limited to purchase agreements,
rental or lease agreements, third party agreements, consultant service
contracts and construction subcontracts.
Subrecipient shall ensure that the terms of this Agreement with the City
are incorporated into all subcontract agreements. Subrecipient shall
submit all subcontract agreements to the City for review prior to the
release of any funds to the subcontractor. Subrecipient shall withhold
funds to any subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective subcontract agreement.
8. Labor
a. Subrecipient shall comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
requirements for merit systems for programs funded under one of
the 19 statutes or regulations specified in Appendix A of OPM's
Standards for a Merit System Personnel Administration (5 CFR
900, Subpart. F).
b. Subrecipient shall comply, as applicable, with the provisions of the
Davis-Bacon Act (40 U.S.C. §§276a - 276a-7), the Copeland Act
(40 U.S.C. §§276c and 18 U.S.C. §874), the Contract Work Hours
and Safety Standards Act (40 U.S.C. §§327-333), regarding labor
standards for federally-assisted construction subagreements, and
the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328).
JAG ARRA Subrecipient Agreement 15
c. Subrecipient shall comply with the Federal Fair Labor Standards
Act (29 U.S.C. §201) regarding wages and hours of employment.
d. None of the funds shall be used to promote or deter Union/labor
organizing activities in accordance with California Government
Code §16645 et seq.
9. Civil Rights
Subrecipient shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) §504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits
discrimination on the basis of handicaps; (d) The Age Discrimination act of
1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to non-discrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being
made; (j) the requirements of any other nondiscrimination statute(s) which
may apply to the application; and (k) P.L. 93-348 regarding the protection
of human subjects involved in research, development, and related
activities supported by this award of assistance.
10. Environmental
a. Subrecipient shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L.
91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or
federally-assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless
of Federal participation in purchases.
b. Subrecipient shall comply with environmental standards which may
be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
JAG ARRA Subrecipient Agreement 16
i
Environmental Policy Act of 1969 (P.L. 91-190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to
EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §1451 et seq.); (f) conformity
of Federal actions to State (Clean Air) Implementation Plans under
§176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401
et seq.); (g) protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); (h) protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93205); and (i) Flood
Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
c. Subrecipient shall comply with all applicable Federal, State, and
local environmental and historical preservation (EHP) requirements.
Failure to meet Federal, State, and local EHP requirements and
obtain applicable permits may jeopardize Federal funding. Will
comply with all conditions placed on any project as the result of the
EHP review; any change to the scope of work of a project will
require re-evaluation of compliance with these EHP requirements.
d. Subrecipient shall comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
e. Subrecipient shall comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §4801 et seq.) which prohibits the use of
lead-based paint in construction or rehabilitation of residence
structures.
f. Subrecipient shall comply with the Federal Water Pollution Control
Act (33 U.S.C. §1251 et seq.) which restores and maintains the
chemical, physical and biological integrity of the Nation's waters.
g. Subrecipient shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment
of this project are not listed in the Environmental Protection
Agency's (EPA) list of Violating Facilities and that it will notify the
Federal Grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by
the EPA.
h. By signing this Agreement, Subrecipient ensures that it is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21000 et seq. and is not impacting the
environment negatively.
JAG ARRA Subrecipient Agreement 17
i. Subrecipient shall comply with the Energy Policy and Conservation
Act (P.L. 94-163, 89 Stat. 871).
j. Subrecipient shall comply, if applicable, with the provision of the
Coastal Barrier Resources Act (P.L. 97-348) dated October 19,
1982 (16 U.S.C. §3501 et seq.) which prohibits the expenditure. of
most new Federal funds within the units of the Coastal Barrier
Resources System.
k. Subrecipient shall assist the City and OJP Bureau of Justice
Assistance ("BJA") in complying with the National Environmental
Policy Act (NEPA), the National Historic Preservation Act, and other
related federal environmental impact analyses requirements in the
use of these Grant funds.
11. Preservation
Subrecipient shall comply with §106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68, Number 228,
regarding Suspension and. Debarment, and Subrecipient shall submit a
Certification Regarding Debarment required by Executive Order 12549
and any amendment thereto. Said Certification shall be submitted to the
City concurrent with the execution of this Agreement and shall certify that
neither Subrecipient nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any federal department head or agency.
Subrecipient shall require that the language of this Certification be
included in the award documents for all sub-award at all tiers and that all
subcontractors shall certify accordingly.
13. Drua-Free Workplace
Subrecipient shall comply with the federal Drug-Free Workplace Act of
1988, 41 U.S.C. §701, 28 CFR Part 67 and the California Drug-Free
Workplace Act of 1990, CA Gov't Code §§8350-8357.
14. Miscellaneous
Subrecipient shall comply with the Laboratory Animal Welfare Act of 1966,
as amended. (P.L. 89-544, 7 U.S.C. §2131 et seq.). Pursuant to the
Consolidated Appropriations Act of 2008 (P.L. 110-161) grant funds must
not be used in contravention of the federal buildings performance and
reporting requirements of EO 13123, part 3 of title V of the National
Energy Conservation Policy Act (42 U.S.C. §8251 et seq.) or subtitle A of
JAG ARRA Subrecipient Agreement 18
title I of the Energy Policy Act of 2005 (including the amendments made
thereby), nor shall grant funds be used in contravention of §303 of the
Energy Policy Act of 1992 (42 U.S.C. §13212).
B. Statutes and Regulations Applicable To This Particular Grant
Subrecipient shall comply with all applicable requirements of state and federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular Grant program.
Subrecipient shall comply with new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These
requirements include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372;
Department of Justice (DOJ) Office of Justice Programs (OJP) current
edition of Financial Guide; OJP Procurement Procedures Guide; Office of
Management and Budget (OMB) Updated Implementing Guidance for the
American Recovery and Reinvestment Act of 2009; OMB Implementing
Guidance for the Reports on Use of Funds Pursuant to the American
Recovery and Reinvestment Act of 2009 and any supplements thereto;
OJP Recovery Act: Edward Byrne Memorial Justice Act Grant (JAG)
Formula Program: Local Solicitation and the application submitted thereto;
OJP Recovery Act Additional Requirements; OJP Recovery Act: Edward
Byrne Memorial Justice Act Grant (JAG) Frequently Asked Questions;
OMB Recovery Act: Webinar Training Materials; DOJ Bureau of Justice
Assistance (BJA) Pen`ormance Measurement Tools and JAG Pen`ormance
Measures; and DOJ Office for Civil Rights Regulations.
2. Standardized Emergency Management System (BEMs) requirements as
stated in the California Emergency Services Act, Government Code
Chapter 7 of Division 1 of Title 2, §8607.1 (e) and CCR Title 19, §§2445-
2448. All equipment and software purchased or developed under this
Agreement must be compliant with U.S. Department of Justice information
technology interface standards, including the National Criminal
Intelligence Sharing Plan, the Global Justice XML Data Model, and the
Law Enforcement Information Sharing Plan (LEISP).
3. Provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal
Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 35, Nondiscrimination
on the Basis of Disability in State and Local Government Services; Part
38, Equal Treatment of Faith-based Organizations; Part 42,
Nondiscrimination/Equal employment Opportunities Policies and
Procedures; Part 46, Protection of Human Research Subjects; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part
63, Floodplain Management and Wetland Protection Procedures; Part 64,
JAG ARRA Subrecipient Agreement 1 g
Floodplain Management and Wetland Protection Procedures; Federal
laws or regulations applicable to federal Assistance Programs; Part 69,
New Restrictions on Lobbying; Part 70, Uniform Administrative
Requirements for Grants and Cooperative 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).
4. Nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 U.S.C. §3789(d), or the Juvenile
Justice and Delinquency. Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1, and all
other applicable federal laws, orders, circulars, or regulations.
5. Requirements of the Genetic Information Nondiscrimination Act of 2008;
confidentiality requirements of 42 U.S.C. §3789g and 28 CFR Part 22 that
are applicable to collection; use and revelation of data and information.
6. Subrecipient shall take reasonable steps to provide meaningful access to
their programs and activities for persons with limited English proficiency in
accordance with Federal Department of Justice guidance pertaining to
Title VI of the Civil Rights Act of 1964.
7. Subrecipient shall promptly refer to the City and Grantor any credible
evidence that a principal,. employee, agent, contractor, subcontractor, or
other person has either (a) submitted a false claim for grant funds under
the False Claims Act; or (b) committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity or similar
misconduct involving grant funds.
8. To avoid duplicating existing networks or IT systems in any initiatives
funded by Grantor for law enforcement information sharing systems which
involve interstate connectivity between jurisdictions, any such systems
shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless
Subrecipient can demonstrate to the satisfaction of Grantor that this
requirement would not be cost effective or would impair the functionality of
an existing or proposed IT system.
9. Subrecipient shall comply with all reporting, data collection and
evaluations requirements, as prescribed by law and detailed by Grantor in
program guidance for the JAG program.
10. Subrecipient shall ensure that the State Information Technology Point of
Contact receives written notification regarding any information technology
project funded by this Grant during the performance period for the Grant.
JAG ARRA Subrecipient Agreement 20
11. Subrecipient agrees that the funds received under this Agreement will not
be used to supplant State or local funds, but will be used to increase the
amounts of such funds that would, in the absence of Federal funds, be
made available for law enforcement activities. '
C. Recovery Act Requirements
Subrecipient understands and agrees that the Grant funds received under this
Agreement is authorized by the Recovery Act. The stated purposes of the
Recovery Act are: to preserve and create jobs and promote economic recovery;
to assist those most impacted by the recession; to provide investments needed
to increase economic efficiency by spurring technological advances in science
and health; to invest in transportation, environmental protection, and other
infrastructure that will provide long-term economic benefits; and to stabilize state
and local government budgets, in order to minimize and avoid reductions in
essential services and counterproductive state and local tax increases. The
Recovery Act places great emphasis on accountability and transparency in the
use of taxpayer dollars. Subrecipient shall comply with all applicable
requirements, regulations and guidance of the Recovery Act as it relates to this
Grant and the performance of this Agreement. Such requirements, regulations
and guidance include, but are not limited to, the following:
1. Subrecipient is required to establish a trust fund account for the Grant
funds received under this Agreement. Such fund, including any interest,
may not be used to pay debts or expenses incurred by other activities
beyond the scope of either the JAG program or the Recovery Act JAG
.program. Subrecipient agrees to obligate and expend the Grant funds in
the trust fund (including any interest earned) during the period of the
Grant. Grant funds (including any interest earned) not expended by the
end of the grant period must be returned to the City to be returned to the
Grantor no later than 90 days after the end of the Grant period, along with
. the final submission of the Federal Financial Report (Form 425).
2. Subrecipient understands and agrees that Grantor (including OJP and the
Office of the Inspector General (OIG)), and its representatives, and the
Government Accountability Office (GAO), shall have access to and the
right to examine all records (including, but not limited to, books, papers,
and documents) related to this Recovery Act Grant, including such records
of any contractor or subcontractor. Subrecipient also understands and
agrees that Grantor and GAO are authorized to interview any officer or
employee of the Subrecipient (or of any contractor or subcontractor)
regarding transactions related to this Recovery Act Grant
3. Subrecipient understands and agrees that this Recovery Act Grant award
is a one-time award, and accordingly, that Subrecipient's proposed project
activities and deliverables are to be accomplished without additional
Grantor funding.
JAG ARRA Subrecipient Agreement 21
4. Though Recovery Act funds may be .used in conjunction :with: other non-
Recovery Act grant funding sources to assist in the completion of the
.same or similar projects, :Recovery Act funds .may not be commingled with
such other funds, and the tracking and reporting of Recovery Act-funds
must be separate. Thus, Subrecipient agrees to track, account for, and
report on all funds from this Recovery Act. Grant award (including specific
outcomes-and benefits attributable to Recovery Act funds) separately from
all other funds, including Grantor award funds from non-Recovery Act
awards awarded for the same or similar purposes or programs.
Accordingly; Subrecipient's accounting systems must ensure that funds
from this Recovery Act: Grant are- not commingled with. funds from any
.other source. Subrecipientfurther agrees that-all personnel whose-
activities are to be charged to the award will maintain timesheets to
document hours worked-for activities related to this award and non-award
related activities. Subrecipient shall comply with all regulations and
requirements regarding the supplanting of funds,: and Subrecipient shall
prove that they are not supplanting by providing appropriate
documentation... Please refer to the OJP's guidance on supplanting in
OJP's Recovery Act Guidance on Supplanting at
http://www.olp.qov/recovery/supplantingguidance.htm.
5, Subrecipient agrees to maintain records thaf identify adequately the
source and application of Recovery Act funds., to maximize the
transparency and accountability of funds authorized under the Recovery.
Act as required by the Recovery,Act and in accordance with 2 CFR
215.21; "Uniform Administrative Requirements for Grants and Agreements
-.with Institutions of Higher Education, Hospitals; and-Other-Non-profit
Organizations" and OMB A-102 Common Rules-provisions (relating to
Grants and Cooperative Agreements. with-State and Local Governments).
Subrecipient shall specifically identify Recovery Act. funding on its
Schedule of Expenditures of Federal. Awards (SEFA) and-the Data
Collection Form (SF-SAC) required by OMB Circular A-133:
6. Subrecipient recognizes that the Recovery Act provides certain
protections against reprisals for employees of non-Federal employers who
disclose-information reasonably believed to be evidence of gross
management,-gross waste, substantial and specific danger to public :
health or safety, abuse- of .authority; or violations of law related to contracts
or grants using Recovery Act funds, pursuant to §1553 of the Recovery
.Act.
7. Subrecipient agrees that none. of the Grant funds may be used by any
State or ocal government;. or any- private entity, for construction costs or
any other support of any casino or other gambling establishment,
aquarium, zoo, golf course, orswimming-pool:
8. Subrecipient agrees that it may not use any Grant funds for infrastructure
investment-absent submission of a satisfactory certification under§1511
of the RecoveryAct:
-JAG ARRA Subrecipient Agreement 22
~i
9. Subrecipient understands that this: Grant award is subject to the provisions
of §1605. of the Recovery Act ("Buy American"), which prohibits use of
RecoveryAcf funds for. a project for the construction, alteration,
maintenance, or repair of a public building or publicwork unless all-the
iron; steel, and manufactured goods used in the project are produced in
the lJnited States, subject to certain exceptions, including-United States.
obligations under international agreements. Subrecipient shall not use
any Grant funds. for -iron, steel, or manufactured .goods: for aproje~t-for the
construction; alteration, maintenance, or repair of a public building or
public work;'unless Subrecipient provides advance written'notice to City
and. a Grant Adjustment Notice is issued-that modifies this special
condition to add government-wide standard conditions that further
implement the specific requirements or exceptions of §1605 of the
Recovery Act,
10. Subrecipient shall complywith the wage rate requirements as-set forth in
§1606 of the Recovery Act.
11: Subrecipient understands and agrees that misuse of Grant funds-may
result in a range of penalties, including suspension of current and future
funds, suspension -and debarment from federal grants; recoupment of
monies provided under an award, and civil and/or criminal penalties.
12. Subrecipient shall comply with any modification or additional requirements
that may be imposed bylaw and further OJP (including government-wide).
guidance and clarification of Recovery Act requirements,
13. Programmatic Reporting and Registration Requirements--This Recovery.
Act Grant award requires Subrecipients to complete projects or activities
which are funded-.under the Recovery-Act. and to report on use of
.Recovery Act-funds provided by this Grant: Information from these reports
will be made available to the. public.
a. Subrecipient shall submit quarterly reportsto Grantor using the
Bureau of Justice Assistance (BJA) Performance Measurement
-.Tool (PMT) system; which is located at
http://www,biaperFormancemeasures.org. Such quarterly reports
on this system shall commence August 30; 2009-and. continue
through to -the end of the Grant period; even if aII Granf funds-.have
been spent prior to the end of such Grant period.- Subrecipient
shall be assigned a-user name-and password to access this
system. Prior to the Subrecipient submitting its first quarterly
..report, Subrecipient shall ensure that it has a valid DUNS profile
and an active registration with the Central Contractor Registration
Database.
Directions for fulfilling this reporting requirement are located at
htto•//www biaperformancerneasures.org. Subrecipients will be
periodically be informed of and shall attend/.participate in webinars
JAG ARRASubrecipient Agreement 23
.and/ or trainings regarding use of this PMT- reporting system as
needed to ensure accurate-and timely reporting..
Subrecipients must complete-and submit their reports. on the BJA
PMT system no later than 5 business-days before the due dates
Listed below. On November 14 of each year, the City will submit a
full report on the Grants Managemenf System {GMS) using
information provided by the Subrecipient in its BJA PMT report.
The City shall have the right to review. Subrecipient reports-and
request edits'if necessary, and Subrecipient-shall. provide adtlitional
information in its .quarterly reports as necessary in: order for the City
to submifi: a complete and full report on the GMS .Subrecipient shall
not be responsible for submitting programmatic and financial-
reports directly to the GMS:
The reporting schedule is as follows:
Reporting Period Type of.Data Required. PMT Due-Date
Program Performance Measures
July 1-September 30 and October 30th
Narrative
.October 1 -December 31 Program Performance Measures January 30th
January 1 -March 31 Program-Performance Measures April 30th
..April 1 -June 30Program Performance Measures July 30th
14. Financial Reporting-Requirements - Pursuant to §1512_ of the Recovery
Act, the Federal Office of:Management and Budget (OMB) requires-
quarterly reporting of all Recovery Act grant recipients and Stabrecipients
beginning October 10, 2009. The -City is required to comply with these
OMB reporting. requirements using a template provided by OMB to submit
the requested data.. This template utilizes the Recipient Reporting Data
Model, a document created for Recovery Act-data standardization. The
Recipient Reporting Data Model can be downloaded from the
"Downloads" tab of www.FederalReporting:gov and is also accessible via
htfp://www: Recovery.aov.
In order to assist the-City in complying with: its OMB reporting
requirements regarding the use of Granfi funds by the Subrecipient,
Subrecipient shall provide sufficiently detailed-information regarding job
creation in connection with its use of Grant funds to the City on a quarterly
basis: Subrecipient will provide any additional information as maybe
necessary forthe City to submit complete and full quarterly reports to
OMB using the Recipient Reporting Data Model (the "Job Creation :
Information"),
JAG ARRA Subrecipient Agreement 24
a. Subrecipient shall complete and submit to the City the required Job
Creation Worksheet and Jobs Guidance form which. is attached
hereto as Exhibit E. Such Worksheet shall include, without
limitation, the following. information-for each quarter. for the duration
of the life of the grant:
(i) The amount of recovery funds received that were expended or
obligated-to projects or activities; and
(ii) A detailed list of all projects or activities for which .recovery funds
were expended or obligated, including--'
1 the name of the project or activity;
2 a description of the projector activity;.
3 an evaluation of the completion status of the project or
activity;
4 an estimate of the number of jobs created and the number
of jobs- retained by the project or activity;
5 for infrastructure investments made by State and local
governments; the purpose, total cost, and rationale of the
agency for funding the infrastructure investmenYwith funds
made available under this Grant, and name of the person to
contact of the agency if there are concerns. with the
infrastructure investment.
6 for any vendors receiving funds from the Subrecipient, the
identity of the vendor. by reporting-the DUNS number, if
available,. or otherwise the name and zip. code of the
vendor's headquarters.
Subrecipient will provide to the City. any other information requested
by the-City that is required to fulfill the OMB reporting requirements.
b. Subrecipients must maintain, and provide to the City on a quarterly
basis, auditable documentation supporting all reported data,.
including jobs data and provide copies to City as requested.
Documentation should provide evidence- that:
(i) Created/retained positions and overtime. hours are funded
by Recovery Act awards,
- - (ii) Personnel are directly supporting Recovery-Act projects. and
activities; and
(iii) Positions-meet the criteria for "created"/"retained" positions
and overtime hours.
Recommended documentation includes: Old and new 1
organizational charts; New position. descriptions; Job postings, offer
letters-and acceptance forms;-Staffing lists; Timecards and payroll
.records; Budget comparisons and/or projections before -and after
the Recovery Act award date; .Formal layoff recommendations and
retractions- (memos, reports); Minutes of formal meetings :where
official budget decisions are made; Timecards and payroll records;.
Employee activity reports.
JAG ARRA Subrecipient Agreement 25
The Job Creation. Worksheet, (see Exhibit E) along with the
Payment Information set forth in §301(B) of this Agreement, shall
by submitted to the Mayor's Office in accordance with the following
reporting schedule:
Reporting Period Due Date
-July 1 -September 31 October 5`h
October 1 -December 34 January 5th
January 1 -March 31 April Stn
April 1 -June 30 July 5`n
Submissions-shall be sent by email to:
Thalia Polychronis, Grant Specialist at thalia.polychronis@lacity.org
D. Noncompliance and Compliance with Special:Conditions.
Subrecipienf-understands that failure to comply with any of-the above assurances
may result in suspension, termination or reduction of Grant funds; and repayment
by Subrecipient to City of any unlawful expenditures.
To obtain the Grant funds, he Grantor required an authorized representative of
the City to sign certain promises and special conditions regarding the way the
Grant funds would be spent ("Special Conditions"). These Special Conditions
.are attached hereto as Exhibit H.: By signing these Special Conditions; the City,
became liable to the Grantor for any funds that are used in violation of the Grant.
requirements.. Subrecipient-shall be liable to the Grantor for any fundsthe
Grantor determines Subrecipient used in violation. of these Special Conditions.
Subrecipient shall indemnify and hold harmless the city for any sums the Grantor
determines Subrecipient used in violation of the Special Conditions.
§416. Federal, State-and -Local -Taxes
Federal, State and local taxes shall be the responsibility of Subrecipient as an
:independent party and not as a City employee.
§417. Inventions. Patents and Copyriahts
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
.otherwise under title 35 of the. U.S. Code, including, without limitation, :processes
and. business methods made in the course of work under his 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 #o the Grantor.-
Unless there is a-prior agreement between the City and the Grantor, the Grantor
JAG ARRA Subrecipienf Agreement 26
shall determine whether to seek protection on the Invention: The .Grantor shall
determine how the .rights in the. Invention, including rights under any patent
issued thereon, will be allocated and .administered in order to protect the public
interest consistent with. the policy ("Policy") embodied in the Federal- Acquisition
Regulations System; which is based on Ch; 18 of title 35 U.S.C. §200 et seq.
(Pub. L. 95-51.7, Pub.. L. 98-620, 37 CFR. part 401); Presidential. Memorandum on
Government Patent Policy to -the .Heads of the Executive Departments-and
Agencies; dated 2/18/1983); and Executive Order 1.2591,4/10/87, 52 FR 13414;
3 CFR, 1987 Comp., p. 220 (as amended by EO 12618, 12/22/87, 52 FR 48661;
3 CFR, 1987 Comp., p. 262). Contractor hereby agrees to be bound by the
Policy;-and will contractually.require its personnel to be-bound by the Policy.
B. Rights to Use Inventions
City shall-have an unencumbered right, and 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. Copyright Policy
1. Unless otherwise provided by the-terms of the Grantor or of this
Agreement, when copyrightable material (Material) is developed under this
Agreement, the author or the City; at-the City's discretion, may copyright
-the Material if the City declines #o copyright the Material, the 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 alt government purposes;-any Material developed under-this
Agreement:.
2. The Grantor 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 Material developed
.under this Agreement or any Copyright purchased under this Agreement.
3. Contractor shall comply with 24 CFR 85.34.
D. Rights. to Data
The Grantorand the City-shall have unlimited rights or copyright license to any
: data.first produced or delivered under this Agreement:. "Unlimited rights"-means
the-right to use, disclose, reproduce, prepare derivative works, distribute'copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 2?.401. Where the data are not first produced-under this.
Agreement or are published copyrighted data with the notice of 17 U:S.C. §401
or 402, the Grantor acquires the data under a copyright license. as-set forth in 48
CFR 27.404(f)(2) instead of unlimited rights (48 CFR 27.404(a));
E. Obligations Binding on Subcontractors
JAG ARRA Su6recipient Agreement 27
Contractor shall require all subcontractors to comply with .the obligations of -this
section by incorporating the terms of this section into all subcontracts.
§418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage
Polio
This section is not applicable to this contract; and is intentionally left blank.
§419: Earned Income Tax Credit
Under the terms of-this. Agreement, Subrecipient is exempt from compliance with
the provisions of §10.37.4 of the .Los .Angeles Administrative Code.
§420: Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of §10.37.4 of the Los Angeles Administrative Code.
§421.ContractorResponsibility Ordinance
Under the erms of this Agreement, Subrecipient is exempt from compliance with
the provisions of the. Contractor Responsibility-Ordinance- (CRO), §10.40 et seq:,
of Article 14; Chapfer 1 of Division 10 of the-Los Angeles Administrative Code.
§422. Slavery Disclosure Ordinance
Under the terms of his Agreement, Subrecipient is exemp#-from compliance with
the Slavery Disclosure Ordinance, §10.41 of the Los Angeles Administrative
Code.
§423. Child Support Assignment Orders
Under the-terms of #his. Agreement, Subrecipient is exempt from compliance with
the Child Support Assignment Orders Ordinance, §10.10 of the Los Angeles.
Administrative Code.. Subrecipient shall. comply with California. Family Code
§5230 et seq. as applicable.
§424. Minority Women and Other Business Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises. (MBEs);.
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all Subreaipient contracts,
including procurement, construction and personal services. This policy applies to
Subrecipient and its contractors and subcontractors.
JAG ARRA Subrecipient Agreement 28
v
.DEFAULTS SUSPENSION,. TERMINATION-..AND AMENDMENTS-
§501: Defaults
Should Subrecipient fail for any reason to comply .with the contractual obligations
of this Agreement within. the time specified by this Agreemen#, the City reserves
the right to terminate the Agreement,- reserving all rights under state and federal
law. -
§502. (This section intentionally-left blank.)
§503. (This. section intentionally ieft blank.)
§504..- (This section intentionally left blank.)
§505. Amendments
Any change in the terms of this Agreement, including changes in the services to
be performed by Subrecipient, and any increase or decrease in the amount of
compensation which are agreed to by the City and Subrecipienf shall be
incorporated-into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
Subrecipient agrees to comply with all future-City Directives; or any rules,
amendments or requirements promulgated by the City affecting.-this Agreement.
JAG ARRA Subrecipient Agreement 29
VI.
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the: terms and conditions of this
Agreement.
§602: Number of Pages-and Attachments
This Agreement is executed in-three (3) triplicate originals, each of-which is
deemed to be an original This Agreement includes thirty one (31) pages, eight
(8) Exhibits; and one (1) Attachment, all of which constitute the entire
understanding and agreementof the parties.-
JAG ARRA Su6recipient Agreement 30
'I
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement
to be executed b their dul authorized representatives.
APPROVED AS TO FORM AND For: THE CITY OF LOS ANGELES
LEGALITY:
CARMEN A. TRUTANICH, City Attorney ANTONIO R. VI ARAIGOSA Mayor
By .~.^~~L, BY
Deput C' y ttorney n n it raigosa, Mayor
.Date ~ ~z ~ 4
Date APR 201
ATTEST:
JUNE LAGMAY, City Clerk
By
Dep ty City Clerk
Date / /d~
~_~~~~~i
APPROVED AS TO ORM: For: City of
a municipal corporation
By
L e ce .Wiener, City Attorney By ~r ~ ~2
,.Hilario Gonzales, -Mayor
Date ~ "o? 2 ' < ~
-Date 3 Z3 ~
ATTEST: [SEAL]
By
Will rd /G_. Ya/m c it Clerk
Date
Internal Revenue Service ID Number:
Council File/OARS File Number: 09-0648-S5 Date of Approval November 20, 2009
City Contract Number - ~~1
JAG ARRA Subrecipient Agreement 31
EXHIBIT A
EXHIBIT A
INSURANCE REQUIREMENTS
(Not Applicable to this Agreement)
JAG ARRASubrecipient Agreement 32
EXHIBIT B
:EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing: Executive-Order :12549,
Debarment and Suspension, 24 CFR Part 24 §24.510, Rarticipants' .responsibilities;
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION $EFORE 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
#o any of the statements in-.this certification,-such- prospective: participantshall
attach an explanation to this proposal
AGREEMENT NUMBER C-l 1~ ~3~
City of Vernon
CONTRACTOP1°naon~ni~~in r~~~ni~T
Donal 0 ~ l l aghan~~~(',i
Y~ Ac~mi ni ~*ratnr
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
~l
, ~ ~ ,
SIG- ATURE DAT
A E
Willard: G. Yam uch it -Clerk
-JAG ARRASubrecipienf Agreement 33
INSTRUCTIONS FOR CERTIFICATION
1. By signing-and submitting-this document, the prospective recipient of Federal
assistance funds is providing-the certification as set out below.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when. this transaction was entered. into.. If it is later.
determined that the .prospective recipient of Federal assistance-funds knowingly
rendered an erroneous certification, in addition to other. remedies available to the
Federal. Government, the department or agency with which this transaction
originated may:pursue available remedies; including suspension and/or
debarment.
3: The prospective recipient of Federal assistance funds shall provide immediate
written notice to the person to which this agreement is entered, if at any time the.
prospective recipient of Federal-assistance-funds learns that its certification was
erroneous, when submitted or has become erroneous by reason of changed
circumstances.-
4. The-terms "covered transaction," "debarred," "suspended," "ineligible;" "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal;" and "voluntarily excluded° as used in this clause,. have
the meanings set-out in the Definitions and. Coverage sections of rules
implementing Executive Order 12549.
5: The prospective recipient of Federal assistance funds agrees by submitting-. this
proposal#hat, should the proposed covered transaction be entered into; it shall
not knowingly enter into any lower tier covered transaction with a person who is
debarred,.-suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, :unless-authorized by the. department or
agency with. which this transaction originated.
6 The. prospective recipient of Federal assistance funds further agrees by
submitting -this proposal Ghat it will include the clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower
Tier Covered Transactions," without modification, in all lower tier covered
transactions-and in-all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may-rely upon a certification of a
prospective participant in a lower tier covered .transaction that it is not debarred,
suspended, ineligible,. or voluntarily excluded from the. covered transaction,
unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to; check the-List of Parties Excluded-from
Procurement or Non-Procurement Programs.
,JAG ARRA Subrecipient Agreement 34
e
8. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The::knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a
participant in a covered transaction knowingly- enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntary
excluded from participation in this transaction, in addition to other remedies
available to the. Federal Government, the department or agency with .which this
transaction originated: may pursue available remedies, including suspension
and/or debarment..
:JAG ARRA Subrecipient Agreement 35
EXHIBIT C
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative. Agreements
The undersigned. certifies, to the best of his or her knowledge and belief, that:.
1. No Federal appropriated funds have been paid or will be paid, 6y or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee..
of Congress, or an employee of a Member of Congressin connection wifh 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 Forrn 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 of all tiers (including subcontracts,
subgrants, and contracts under grants, loans, -and cooperative agreements) and.
#hat all subrecipients shall certify and disclose accordingly.
1. This certification is a material representation of#act 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 31, U.S.C: §1352: Any person who fails to-file the required certification shall
be subject to a civil penalty of notlessthat $10,000 and not more than $100,000
for each such .failure.
AGREEMENT NUMBER C ` l l`7 /3/
City of Vernon
CONTRACTOQrQnQQn~ni~oinnGnirvi n iQicnirTiny
Donal O'Calla han Cit Administrator
ND ~ AUTHORIZED REPRESENTATNE
r~
_ _ ~ ~ y ~
.SIGNATURE \ DATE. `
AT S T : ~
JAG ARRA Subrecipient Agreement 36
Willard G. Yamag hi, it Clerk
EXHIBIT D
EXHIBIT D
CERTIFICATION REGARDING DRUG FREE WORKPLACE-ACT REQUIREMENTS-
The Contractor certifies thaf it will provide. adrug-free workplace, in accordance with the federal Drug-
Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), 28 CFR Part 67; and the California Drug-Free
Workplace Act. of 1.990,. CA Gov't Code §§8350-8357:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution; dispensing,
possession or use of a controlled substance `is prohibited in the Contractor's workplace and
specifying the actions that will be taken against employees for violation ofsuch prohibition.
2. Establishing adrug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b, The Contractor's policy of maintaining adrug-free workplace;.
c. Any-available drug counseling, rehabilitation and employee-assistance programs;: and
d. The penalties that may be imposed upon employees for drug-abuse violations occurring in the
workplace.
3. Making it a requirement. that each employee to be engaged in the performance of the WIA program
be given a copy of the statement required by paragraph 1. above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment
-under the WIA program, the employee will:.
a. Abide by the terms of the statement,: and
b. Notify the Contractor of any criminal -drug statute convictions for a violation occurring in :the
workplace no later that five days-after such conviction.
5. Notifying the City within ten days after receiving notice under subparagraph 4. b. from an .employee or
otherwise receiving actual notice of such conviction.
6. Taking one of the following actions, within 30 .days. of receiving notice under subparagraph 4.b. with
..respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination,
or
7. Making a good faith effort to continue to maintain adrug-free workplace through implementation of
the provision of-this certification.
C-~1
731
AGREEMENT NUMBER
City of Vernon.,
CONTRACI-Ooro~oo~~ni~orn nc~rnv
Donal O'Callaghan, City Administrator
NAME TIC ~~QF~ UTHORIZED REPRESENTATIVE
AT'RE ~ _ DATE
AT ST:
- -
JAG ARRA Subrecipient Agreement 37 Will 'rd G. Yam ch C ' y: Clerk
EXHIBIT E
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EXHIBIT F
EXHIBIT 1=
INTERNET RESOURCES--FOR RECOVERY ACT JAG 2009
1. - The Office of Justice Programs (OJP) Financial Guide 2008
htfp://www.oip.usdoj.gov/financialguide/index.htm
2. OJP Procurement Procedures Guide
http://www:oip.usdoj.gov/funding/pdfs/procurement procedures.pdf
3. Office of Management and Budget (OMB) Implementing Guidance for the
Reports on Use of Funds Pursuant to the American Recovery and
Reinvestment Act of 2009
http://www.whitehouse.gov/omb/assets/memoranda. fy2009/m09-21.pdf
4. Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG)
.Formula Program: -Local Solicitation
• http://www:ojp.usdoj.gov/BJA/recoveryJAG/JAGrecoveryl_ocal.pdf
5. Recovery Aet: Edward Byrne Memorial Justice Assistance Grant. (JAG)
Program Frequently Asked Questions-
http://www.ojp. usdoj.gov/BJA/recoveryJAG/JAGrecoveryFAQ. pdf
6. OJP Recovery Act Additional Requirements and Recipient Reporting
http://www.oip.usdoi.gov/reco~ery/solicitationreauirements.htm
http://www.ojp:usdoi.aov/recovery/recipientreportina.htm
7. OMB Recipient Reporting Data Model
Please login with your username and password, and look in the
"Downloads" tab of: http://www.federalreporting.gov
8. Calculating and Reporting Job Creation and Retention for Recipients. of
Recovery Act funding from Office of Justice Programs, Office on Violence
Against Women, and Office. of Community Oriented Policing Services
- http://www.aip.usdoj_gov/recovery/pdfs/oipcopsovwjobsguide.pdf -
9. Updated. Guidance on the American Recovery and Reinvestment Act -
Data Quality, Non-Reporting. Recipients, and. Reporting of Job- Estimates
htt ://www:whitehouse. ov/omb/assets/memoranda 2Q10/m10-08. df
I
JAG ARRASubrecipienf Agreement 40 I
EXHIBIT G
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EXHIBIT H
EXHIBIT H
GRANT SPECIAL CONDITIONS
(1) The recipient agrees- to comply with the financial and: administrative
requirements set forth in the current edition of the: Office of Justice Programs
(OJP) Financial Guide.
(2) The recipient acknowledges that #ailure to submit an acceptable Equal
.Employment Opportunity Plan (if recipient. is required to submit one pursuant
to 28 C.F.R. §42.302); .that is approved. by-the Office for -Civil .Rights, is a
violation of its Certified Assurances and may result in suspension or
termination of funding, until such time as the recipient is in compliance.
(3) The recipient agrees to comply with. the organizational -audit requirements of
OMB. Circular A-133, Audits of .States, Local Governments, and None-Profit
Organizations,--and further understands and agrees that funds-,may be
withheld, or other related requirements may be imposed, if outstanding audit
issues (if any) from OMB Circular A-133 audits-(and any other audits of OJP
grant funds) are not satisfactorily and promptly addressed, as further-
described in the current edition of the OJP Financial Guide, Chapter 19.
(4) Recipient understands and agrees that it cannot use any federal funds, either.
directly or indirectly, in support of the enactment, repeal, modification or
adoption of any law, regulation or policy, at any level of government, without
the express prior written approval of OJP.
(5) The recipient must promptly refer to the DOJ OIG-any credible evidence that a
principal; employee, agent, contractor, subgrantee, subcontractor, or other
person has either 1) submitted a false-claim for grant funds under the False
Claims Act; or 2) committed a criminal or civil violation of laws pertaining to
fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant
funds. This-condition alsoapplies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by
mail
Office of the Inspector General
IJ.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
.Washington, DC 20530
e-mail: og.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800)..869-4499
JAG ARRA Subrecipient Agreement 44
i
or hotline .fax:. (202) 616-9881
Additional information is available from the DOJ OIG website at
www.usdoi.aov/oig.
(6) RECOVERY-ACT -Conflict with Other Standard Terms and Conditions
The recipient understands and agrees that all other terms and conditions
contained in his award, or inapplicable QJP grant policy statements or
guidance, apply unless they conflict or are superseded- by the terms and
conditions included here-that specifically implement the American Recovery
and Reinvestment Act of 2009; Public Law 111-5 ("ARRA" or "Recovery Act")
requirements. Recipients are responsible for contacting their grant managers
for-any needed clarifications.
(7) The grantee agrees to assist BJA in complying with the National
Environmental Policy Act (NEPA), the National Historic Preservation Act, and
-other related federal environmental impact analyses requirements in the use of
these grant funds, either directly by the grantee or by a subgrantee.
Accordingly, the grantee agrees to-first determine if any of he following
activities will be funded by the grant, .prior to obligating funds-for any of these
.purposes. If it is determined that any of the following activities-will be funded
by the grant, the. grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following
- new activities whether or not they are- being specifically funded with these
..grant funds., That is, as-long as the. activity. is :being conducted by the grantee,..
a subgrantee, or-any third party and the activity needs fo be undertaken in
order to-use these grant funds, this special condition must first be met:-The
activities covered by this special-condition are:
a, New construction;
b. Minor renovation or remodeling of a property located in an environmentally
or historically sensitive area, including properties located within a 1.00-year
flood plain, a wetland, or habitat-for endangered species,. or a property listed
on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease,- or any proposed use of a building or facility that will.
either (a) result in a change in its basic prior use or (b) significantly change its
size;
d.~mplementation of a new program involving the use of chemicals other than
chemicals that are (a) purchased as an incidental component of a funded
activity and (b) traditionally used., for example, in office, household,
.recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine
laboratory operations, including the identification, seizure, or closure of
clandestine methamphetamine laboratories:
JAG ARRA Subrecipient Agreement 45
The grantee understands and agrees #hat complying with NEPA-may require
the preparation. of an Environmental-Assessment and/or an Environmental
Impact Statement, as directed by BJA. The grantee further understands and
agrees to-the requirements for implementation of a Mitigation Plan, as
detailed of [website], for programs relating o methamphetamine laboratory
operations.
Application of-This Special Condition to Grantee's Existing Programs or
Activities: For any of the grantee's or its subgrantees' existing programs or
activities that will be funded by these grant funds; the grantee; upon specific
:.request from BJA, agrees to cooperate with BJA in any preparation by BJA of
a national or program environmental assessment of that funded program or
.activity.
(8) fio-avoid duplicating existing networks or IT systems in any initiatives funded
by BJA forlaw enforcement information sharing systems which involve
interstate connectivity between jurisdiction, such systems shall employ, to the
extent: possible, existing networks as: the communication backbone to achieve
interstate connectivity, unless the grantee can demonstrate to the satisfaction.
of BJA that-this-requirement would not be -cost effective or would impair the:
functionality of an existing or proposed IT system,
(9) The grantee agrees o comply-with all reporting, data collection and evaluation
requirements, as prescribed by law and detailed by the .BJA in program
guidance for the' Justice Assistance Grant (JAG) Program. Compliance with
these requirements: will be monitored by BJA.
(10) The recipient agrees that any information technology system funded or
supported by OJP funds will comply with 28 C.F.R. Part 23; Criminal
Intelligence Systems Operating Policies, if OJP determines this regulation to
be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP
may, at its discretion, perform audits of he system; as perthe regulation.
Should any. violation of 28 C.F.R:Part 23 occur, the recipient may be fined as
per 42 U.S.C. §3789g(c)-(d). Recipient may not satisfy. such a fine with federal
-funds.
(11) The grantee agrees to comply with the applicable requirements of 28 C:F.R.
Part 38; the Department of Justice regulation governing -Equal Treatment. for
.Faith Based :Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards
of direct funding-may not be used. to fund any:inherently religious activities,
such as worship; religious-instruction, or proselytization. Recipients of direct
grants may still- engage in inherently religious activities; but such activities
must be separate in time or place from-the Department of Justice funded
program; and participation in such activities by individuals receiving services
from the grantee or asub-grantee-must be voluntary.. The Equal Treatment
JAG ARRA Subrecipient Agreement 46
Regulation also makes-clear that organizations participating in programs
directly funded by the Department of Justice are not permitted to discriminate.
in the provision of services on the -basis of a beneficiary's religion.
Notwithstanding any other special condition of this :award, faithbased
organizations-.may, in some circumstances, consider religion as a basis for
.employment. See http://www.oip.aov/about/ocr/equal- fbo.htm.
(12) The recipient agrees to ensure. that the State Information Technology Point. of
Contact receives written notification regarding any information technology.
project funded. by this grant during the obligation and expenditure period. This
is to facilitate communication among local and. state governmental entities
regarding various information technology projects. being conducted with these
grant funds. In addition, he recipient agrees to maintain an administrative file
documenting the meeting of-this requirement.-For a list of State Information
Technology- Points of Contact, go to
httb://www.it:oig.aov/default.aspx?area=aolicyAndPractice&paae=1046.
(13) The recipient agrees that funds received under this award will not be used to
supplant State or local funds, but will be used to increase the amounts of such
funds that would, in the absence of :Federal funds, be made. available for law-
enfor•cement activities.
(14) RECOVERY ACT -JAG -Trust Fund
The recipient is required to establish a trust fund account. (The trust-fund may
or may not be an interest-bearing. account.) The fund, including any interest,
may not be used to pay debts or expenses .incurred by other activities beyond
the scope of either he Edward Byrne Memorial Justice Assistance. Grant
Program (JAG) or Recovery JAG Program. The recipient also agrees to
obligate and expend the grant funds in the trusf fund. (including- any interest
earned) during.-the period of the: grant. Grant funds (including any interest-
earned) not expended by the end of the grant period -.must be returned to the
Bureau of Justice Assistance no later than 90 days after-the end of the-grant
period; along with the final submission of fhe Federal Financial Report (Form
-425):
-(15) RECOVERY AGT -Access to Records; Interviews.
The recipient understands and agrees that DOJ (including OJP and the Office
of the Inspector General (OIG)), and its representatives; and the Government
Accountability Office (GAO), shall have access to-and the right to examine all
records (including, but not limited to, books; papers, and. documents) related- to
this Recovery Act award, including such records of any subrecipient,
contractor, or subcontractor.
The recipient also-understands-and agrees that DOJ and the GA0-are
authorized to interview any officer or employee of the recipient (or of any
..JAG ARRA Subrecipient Agreement 47
subrecipient, contractor, or subcontractor) regarding transactions related to
-this Recovery Act award;
(16) RECOVERY ACT -:One-time funding
The recipient understands and agrees that awards under-the Recovery Acfwill
be one-time awards and accordingly that its proposed project activities and
.deliverables are to be accomplished without additional DOJ funding:
(17j RECOVERY ACT -Separate Tracking -and Reporting of Recovery Act Funds
and Outcomes
The recipient agrees to track, account for, and -report on all funds from this
Recovery Act award {including specific outcomes and benefits attributable to
Recovery-Act funds) separately from all other funds, including DOJ award
funds from non-Recovery Act awards awarded-for the same or similar
purposes. or programs: (Recovery Act-funds may be used in conjunction with
other funding as necessary to complete projects, but tracking and reporting of
Recovery Act funds must be separate.)
Accordingly, the accounting systems of-the recipient and all subrecipients
-must ensure that funds from this Recovery Act award are not commingled
with funds from any other source..
The recipient further agrees that allpersonnel (including subrecipient
personnel) whose activities are to be charged to the award wiltmaintain
timesheets to document hours worked'for activities .related to-this award and
non-award :related activities.
(18) RECOVERY ACT -subawards -Monitoring
The recipient agrees to monitor subawards under#his Recovery Act-award in
accordance with all applicable statutes, regulations, OMB circulars, and
guidelines, including the OJP Financial .Guide,- and to include the applicable.
conditions of this -award in any subaward. The recipient is responsible for
oversight of subrecipient spending and monitoring of specific outcomes and
benefits attributable to use of Recovery Act funds by subrecipients. The
recipient agrees to submit, upon request, documentation of its policies and
procedures. for monitoring of subawards under this award.
(19) ..RECOVERY ACT -subawards- DUNS and CCR for Reporting-
The recipient agrees to work with its first-tier subrecipients. (if any):to ensure
#hat, no later than the due date of the recipient's first quarterly report-after a
subaward is .made, he subrecipient has a valid DUNS profile and has an
active registration with the Central Contractor Registration (CCR) database.
(20) RECOVERY ACT -Quarterly Financial Reports
The recipient agrees to submit quarterly financial status reports to OJP. At
present, thesereportsare to be submitted on-line (at:
-JAG ARRA Subrecipienf Agreement 48 'i
https://grants.ojp.usdoj:gov) using Standard Form SF 269A, not later than 45
days after the end of each calendar quarter. The recipient understands that
-after October 15, 2009, OJP will discontinue its use of the SF 269A, and-.will
require award recipients to submit quarterly financial status reports within 30
days: after the: end of each calendar quarter, .using the government-wide
Standard Form-.425 Federal Financial .Report from (available for viewing
at www.whitehouse.gov/omb/grants/standard .forms/ffr.pdf). Beginning with-
the report for the fourth. calendar quarter of 2009-(and continuing thereafter);
'.the recipient agrees that it will submit quarterly financial status reports to OJP
online (at https://grants:ojp.usdoj.gov) using the SF 425 Federal Financial
Report form,. not later than 30 days .after the end of each. calendar quarter. The
final report shall be submitted not later than 90 days following the end of the
grant period:
(21) RECOVERY ACT -Recovery Act Transactions Listed in Schedule of
Expenditures of Federal. Awards and- Recipient.
Responsibilities for Informing Subrecipients
(a) The recipient agrees to. maintain records that identify adequately the
source and application of Recovery Act funds, to maximize the transparency
and accountability of funds authorized under the Recovery-Act as required by
the Act-and in accordance .with 2 CFR 215.21,"Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher
Education,- Hospitals, and-Other Non-profit :Organizations" and OMB A-402
Common Rules provisions (relating o Grants and Cooperative Agreements
with State and Local Governments).
(b) -The recipient agrees to separately. identify the expenditures for Federal
awards under the RecoveryAcf on the Schedule of Expenditures of Federal-
Awards (SEFA) and the Data Collection Form- (SF-SAC) required 6y OMB
Circular A-133. This condition only applies- if the recipient is covered. by the-
- Single Audit -Act Amendments: of .1996-and OMB. CircularA-133, "Audits of
States, Local Governments, and Non-Profit Organizations." This shall be
accomplished by identifying expenditures for Federal awards made-under the
Recovery Act separately on the SEFA; and as separate rows under Item 9 of
-Part III on the SF-SAC by C-FDA number, and inclusion of the prefix "ARRA-"
in identifying the name of the Federal program on the-.SEFA and as the first
characters in Item 9d of Part III on the SFSAC.
(c) The recipient agrees to separately identify to -each. su6recipient the Federal
award. number, CFDA number, -and amount of Recovery Act funds; and to
document this identification both at the time of subaward and at the time of
:disbursement of funds. When a recipient awards Recovery Act funds for an
existing program, the information furnished to subrecipients shall distinguish
the subawards of incremental Recovery Act funds from regular subawards
under the existing program.
JAG ARRASubrecipient Agreement 49
(d) The recipient agrees. to require its subrecipients to specifically identify
Recovery Act funding on their SEFA information, similar to the requirements
for the recipient SEFA described above. This information is needed to allow
the recipient to properly monitor subrecipient expenditure of Recovery Act
funds as well as facilitate oversight by the Federal awarding agencies, the
DOJ OLG, and the GAO.
(22) RECOVERY ACT -Reporting and Registration Requirements under §1512 of
the Recovery Act.
(a) This award requires the recipient to complete projects or activities which
are funded under the Recovery Act and to report on use of Recovery Act funds
provided through this award. Information from.these reports will be made
available to the public..
' (b}The reports are due no laterthan ten calendar days after each calendar
quarter in which the recipient receives the- assistance award funded in whole
or in part by the Recovery Act..:
(c) Recipients and their first-tier. recipients must maintain current. registrations.
in the Central .Contractor Registration (www.ccr.gov) at all times during :which
.they have active federal awards funded with Recovery-Act funds.. A Dun and.
.Bradstreet Data .Universal Numbering System (DUNS) Number
(www.dnb.com) is one of the requirements for registration in the Central
.Contractor Registration.
(d) The recipient shall report the information described in §1512(c) of the
Recovery Act using the reporting- instructions and data elements that will. be
provided online at www.FederalReporting.gov-and ensure that any information
that is pre-filled is corrected or updated as needed.
(23) RECOVERY-ACT -Provisions of §1512(c)
The recipient understands that §1512(c) of the Recovery Act provides as
follows:.
Recipient Reports- Not later than 10 days after the end of each calendar
quarter,-each :recipient that received recovery funds from a Federalagency
.shall-submit a report to that agency that contains--
(1) the total amount of recovery funds received from that agency;
(2) -the amount of recovery funds received that were expended or obligated to
.projects of activities; and
(3) a detailed list of all. projects or activities for which recovery funds. were
expended or obligated;. including--
(A) the name of the project or activity;
(B) a description of the project or activity; ,
(C) an evaluation of the completion status of the projector activity;
(D) an estimate of the number of jobs created and the number of jobs-
retained by-the projector activity; and
-JAG ARRA Subrecipienf Agreement 50
(E) for infrastructure investments made. by state and local governments,:
the purpose; total cost, and rationale of the agency for funding the
.infrastructure investment with funds made available under this Act, and
name of the person to contact at the agency if there are concerns with the
infrastructure investment.
(4) Detailed information on any subcontracts or subgrants awarded by the
recipient to include--the data elements .required to comply-with the Federal
Funding Accountability and Transparency Acf of 2006_ (Public Law 109-282),
.allowing aggregate reporting on awards below $25,000 or to individuals, as
prescribed by the Director of the Office of Management and Budget.
(24) RECOVERY.ACT - Protecting State and Local Government and Contractor
Whistleblowers (Recovery Act, §1553)
- The recipient recognizes that the Recovery Act provides certain protections
against reprisals for employees of non-Federal employers who disclose
.information- reasonably believed to be evidence of gross management, gross
waste, substantial- and specific danger to public.-health or safety; abuse of
:authority, or violations of law :related to contracts or grants using Recovery Act
funds. For additional information, refer to §1553 of the Recovery Act. The ext
of Recovery Act is available: at www.ojp.usdoj:gov/recovery.
(25) RECOVERY ACT -Limit on Funds (Recovery Act, §1604.)
The recipient agrees that none of the funds under this award -may be used by
any State or oval government, or any.private entity, for construction costs. or
any other support. of any casino' or other gambling establishment, aquarium,
-zoo, golf-course; or swimming pool
(26) RECOVERY ACT -Infrastructure Investment (Recovery Act, §§1511 and
1602) _
The recipient agrees that it-may not use any funds made available under this
Recovery Act award for infrastructure investmenf absent submission of a
satisfactory certification .under-§1511 of the Recovery Act. Should the
-recipient decide to .use funds for infrastructure investment subsequent to
award, he recipientmustsubrnit-appropriate certifications under. §1511 of the.
Recovery Act and receive prior approval-from OJP. In seeking such approval,.
ahe recipienf shall give preference to activities that can be started and
completed- expeditiously, and shall use award fundsin a manner-that
maximizes job creation and economic benefits. The text of the Recovery Act
(including §§151.1 and 1602) is available at www.ojp.usdoj;gov/recovery.
(27) RECOVERY ACT -.Buy American. Notification (RecoveryAct,-§1.605)
The recipient understands that this award is subject to the provisions of §1.605
of the Recovery Act ("Buy American"): No award funds may be used for iron,
steel, or manufactured goods for a project for the construction,-
JAG ARRA Subrecipienf Agreement 51
alteration,. maintenance, or repair of a public building or public work; unless the
recipient provides advance written notification to the QJP program office, and
a Grant Adjustment Notice is issued that modifies. this special condition to
add government-wide standard .conditions (anticipated to be published in
subpart B of 2 CFR part 176) that further implement the pecific requirements
or exceptions of §1.605.
§1605 of the Recovery Act prohibits use of any Recovery Act funds. for a
.project for fhe construction, alteration; maintenance, or repair of a:public
building or public work unless. all of the iron, steel, and-manufactured goods
-used. in the project are produced in the United States, subject to certain
exceptions;: including United States obligations-under
international agreements.
For purposes of his special:condition,-the following definitions apply:-
".Public building" and ``public work" means a public building of; and a public
work of; a governmental entity (the United States; the District of Columbia;
commonwealths, territories, and minor outlying islands of the United States,
State and-local governments; and multi-State, regional, or interstate entities
which have. governmental functions). These buildings. and works may include,-
without limitation; bridges; dams, plants, highways, parkways, streets,
subways, tunnels, sewers;. mains, power lines, pumping stations; heavy
.generators, railways, airports; terminals, docks; .piers; wharves,.-ways,
lighthouses, buoys, jetties, breakwaters; levees; and canals,. and the
construction, alteration., maintenance; or repair of-such buildings and works.
"Manufactured good" -means a good brought to the construction site for
incorporation into the building or work #hat has been--
{1) Processed into a specific form and shape; or
(2) Combined with other raw material to create amaterial-that has different
properties -than the properties of the. individual raw materials.
"Steel" .means an alloy-that includes at least 50 percent iron, .between .02 and
2 percent carbon, and may include other elements.
For purposes of OJP grants, projects involving construction, alteration,
maintenance, or repair of jails, detention facilities;. prisons, public crime-
victims'.shelters; police facilities, or other similar-projects will likely: trigger this
provision.
NOTE: The recipient is encouraged to contact the OJP program manager - in
advance-with any questions concerning this condition, including its-
applicability to particular-circumstances.
JAG ARRASubrecipient Agreement 52
(28) RECOVERY-ACT -Wage-Rate. Requirements .under §1.606 of the Recovery-
Act
(a) §1606 of the Recovery Act requires that all laborers and mechanics
employed by contractors and subcontractors on projects funded directly by or
assisted in whole or in part by and through the Federal Government pursuant.
to the Recovery Act shall be-paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by the Secretary
of Labor in accordance with subchapter 1V of chapter 31 of title 40, United
States Code.
Pursuant to Reorganization Plan No. 14 and-the Copeland Act, 40 U.S.C..
§3145, the Department of labor has issued regulations at 29 CFR Parts 1, 3,
and 5 to implement the Davis-Bacon and related-Acts. Regulations in 29 GFR
5.5 instruct agencies concerning application of-the standard-Davis-Bacon
contract clauses set forth in that section. The standard-Davis-Bacon contract
clauses found in 29 CFR 5.5(a) are to be incorporated in-any covered
contracts made under this award that are in excess of $2,000 for construction;
alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate: requirements. of §1606; contact
.your awarding agency.. Recipients of grants, cooperative agreements and
loans should direct their initial inquiries concerning the application of Davis-
Bacon requirements to a particular federally assisted: project to the Federal...
agency funding the project. The Secretary of Labor retains final-coverage
authority under Reorganization Plan Number 14.
(29) RECOVERY ACT - NEPA and Related Laws:
The recipient understands that all OJP awards are subject to-the National e
Environmental Policy Act (NEPA; 42 U.S.C: §4321 et seq.) and other related
Federal laws (including-the National Historic Preservation Act), if applicable.
The recipient agrees to assist OJP in carrying out-its :responsibilities under
NEPA and related laws, if the recipient plans
to use Recovery Act funds (directly or through subaward or contract) to
undertake any activity that triggers these requirements, such: as renovation or
construction: (See 28 C.F.R. Part 61, App. D.) The recipient also agrees to
comply with aII Federal, State,-.and local environmental laws and .regulations.
applicable to the development and implementation of the activities to be
funded-under this award.
(30) RECOVERY-ACT.- Misuse of award. funds
The recipient understands and agrees that misuse of award funds. may result
in a range of penalties, including suspension of current and future funds,
suspension or debarment-from federal grants; recoupment of monies provided
under an award, and civil and/or criminal penalties.
(31) RECOVERY ACT -Additional Requirements and Guidance
-JAG ARRA Subrecipienf Agreement 53
.The recipient agrees to comply with any modifications or additional
requirements that may be imposed bylaw and future OJP (including
government-wide) guidance and clarifications of Recovery Act requirements.
(32) RECOVERY-ACT -JAG -Delinquent §1512(c) reports
.The recipient acknowledges that it has certified that it will.comply with all.
.reporting requirements. under §1512(c) of the Recovery Act. (An online
reporting mechanism is anticipated to: be available for award recipient use by
October 10, 2009.)- Further to this certification, a failure to comply with the
§1512(c) reporting requirements may, in addition to other penalties, subject.
-the recipient to the following:
(1) After failure to report §1512(c)-data for two consecutive-reporting periods,
the recipient may be- (a) precluded from drawing down funds under any OJP
award; and/or (b) deemed ineligible for future discretionary OJP awards, until
such time as the recipient- becomes current in its §1512(c).reporting
obligations; and
(2) After failure to report.§1512(c) data for three consecutive reporting periods,
the recipient, upon written demand. of the Director of BJA, shall return to OJP
any unexpended -award funds (including any unexpended interest
earned on award funds) within 15 calendar-days: of the date of the demand
.notice. Thereafter, the recipient's award- shall be converted to a cost-
reimbursable grant until.such #ime as the recipient becomes current in its
§151.2(c) reporting obligations, and remains current for not less than two
.additional consecutive reporting periods.
(33) RECOVERY ACT -:Certification of Investment Infrastructure
.Recipient has certified-that it does intend to-use some. portion. of this awartl for
infrastructure investment projects. Except to the extent, if any, hat BJA has
given prior written approval to expend -funds to conduct the- review and vetting
regtaired:bylaw, recipient may-not draw down, obligate, or expend any-funds
received under this award-for any infrastructure investment project until. (1)
§151.1 of fhe Recovery Act has been satisfied-for each-such infrastructure
project,- including the requirement that an adequate project-specific
certification-has been executed (by the Governor, mayor, or other chief
executive as appropriate), posted,-and- submitted to :BJA; and (2) all applicable
.requirements under the National Environmental Protection Act and other
.relevant federal environmental. and preservation lawshave been satisfied.
(34) Recipient may-not obligate, expend or drawdown funds until the Bureau of
Justice Assistance; Office of Justice Programs has received and approved the
signed Memorandum of Understanding (MOU) between the disparate ~
jurisdictions and-has issued a:Grant Adjustment Notice (GAN) releasing this
special condition:
(35) RECOVERY ACT -Active CCR Registration-
JAG ARRASubrecipient Agreement 54
The recipient agrees expeditiously to obtain active registration with the Central
Contractor Registration (CCR) database, and to notify the program office in
writing. of its registration. Following. satisfaction of this- requirement, a Grant
Adjustment Notice will. be issued to remove this special condition.
JAG ARRASubrecipient Agreement 55
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