Resolution No. 2010-128RESOLUTION -NO. 2010-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
FIRST SUPPLEMENTAL AGREEMENT TO AGREEMENT NUMBER
C-115076 BY AND BETWEEN THE CITY OF VERNON AND THE
CITY OF LOS ANGELES REGARDING THE 2007 URBAN AREAS
SECURITY INITIATIVE GRANT PROGRAM
WHEREAS, on December 15, 2008, the City Council of the City
of Vernon adopted Resolution No. 9796 approving Agreement No. C-115076
with the City of Los Angeles (the "Agreement") setting forth the terms
and conditions governing the disbursement and use of the 2007 Urban
Area Security Initiative ("2007 UASI") grant funds.by the Vernon Police
Department for the purpose of purchasing a fixed vehicle license plate
reader system; and
WHEREAS, the City of Los Angeles and the City of Vernon seek
to amend the Agreement by extending the time of performance set forth
in the Agreement from March 31, 2010 to March 31, 2011; and
WHEREAS, by memorandum dated August 16, 2010, the Police
Department has recommended that the City Council approve and authorize
the execution of a first supplemental ,agreement to Agreement
No. C-115076 for the purpose of extending the time of performance
under the Agreement to March 31, 2011 ("First Supplemental").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the First Supplemental to Agreement No. C-115076, a copy of
which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to.execute the First
Supplemental for, and on behalf of, the City of Vernon and the City
Clerk, or Deputy City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the _purpose of
implementing and carrying out the purposes of this Resolution and
the transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send two
copies of the executed First Supplemental to:
Eve LaDue, Contracts Specialist
Office of the Mayor, Homeland Security and Public Safety
City of Los Angeles
200 N. Spring Street, Room 303
Los Angeles, CA 90012
2
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 20th day of September, 2010.
Name Hilario Gonzales
Title: Mayor /
- 3 -
STATE OF CALIFORNIA
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-128, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, September 20, 2010, and.thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this >1 "day of September, 2010, at Vernon, California.
(SEAL)
Wi lar G. g chi ity Clerk
4
171WA
FIRST SUPPLEMENTAL TO AGREEMENT NUMBER C-115076 OF
CITY OF LOS ANGELES CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
AND
CITY OF VERNON
THIS FIRST SUPPLEMENTAL ("First Supplemental") to Contract Number C-115076 of
City of Los Angeles Contract ("First Amendment") is made and entered into by and
between the City of Los Angeles, a municipal corporation (hereinafter called the "City"),
and the City of Vernon, a municipal corporation (hereinafter called the "Subgrantee" or
"Subrecipient").
WITNESSETH
WHEREAS, the City and the Subrecipient have entered into that certain
Agreement Number C-115076 (hereinafter the "Agreement") related to the Urban Area
Security Initiative Grant 2007 ("UASI 07"), whereby the City distributed UASI 07 grant
funds to the Subrecipient in accordance with the UASI 07 budget and the Subrecipient
agreed to address the unique equipment, training, planning and exercise needs of the
area, to assist it in building an enhanced and sustainable capacity to prevent, respond
to, and recover from threats or, acts of terrorism, the execution of the Agreement having
been authorized by the Los Angeles City Council on or about May 8, 2008 (Council File
#07-0609), said Agreement effective October 16, 2007 through March 31, 2010; and
WHEREAS, on or about January 26, 2010, the California Emergency
Management Agency ("CalEMA") extended the subgrantee performance period for the
UASI 07 grant from March 31, 2010 to April 30, 2011 ("Grant Extension"); and
WHEREAS, Section 505 of the Agreement provides for amendments to the
Agreement; and
WHEREAS, the Office of the Mayor, Office of Homeland Security and Public
Safety ("Mayor's Office"), which has been designated by the City to administer the
Agreement and the projects contemplated therein desires to amend or modify the
Agreement for the purpose of extending the time of performance to March 31, 2011 in
accordance with the Grant Extension and pursuant to authority provided under Section
14.8 of the Los Angeles Administrative Code; and
WHEREAS, the City and the Subrecipient are desirous of entering into this First
Supplemental for the purpose of amending or modifying the Agreement by (a) extending
the time of performance for Agreement Number C-115076 of City of Los Angeles
Contract to March 31, 2011 and (b) making such other changes as are required in
connection with the foregoing, all as detailed elsewhere in this First Supplemental; and
First Supplemental, UASI '07 4.10
City of Los Angeles and City of Vernon
WHEREAS, this First Supplemental is necessary and proper to continue and/or
complete certain activities authorized under the Agreement.
NOW, THEREFORE, the City and Subrecipient hereby covenant and agree as
follows:
The Agreement, which is attached hereto as Exhibit 1, is revived by this
First Supplemental and incorporated herein by this reference. The terms
and conditions of said Agreement shall be the terms and conditions of this
First Supplemental, except as expressly modified herein.
2. Term: The term of this First Supplemental shall be from October 16, 2007
to March 31, 2011.
Such term modifies the original term of the Agreement, which was from
October 16, -2007 through March 31, 2010.
3. Except as herein amended or modified, all terms and conditions of the
Agreement shall remain unchanged and in full force and effect by way of
this First Supplemental.
4. Ratification Clause: Due to the need for Subrecipient's services to be
provided continuously on an ongoing basis, Subrecipient may have
provided services prior to the execution of thisfirst Supplemental. To the
-extent that said services were performed in accordance with the terms and
conditions of this First Supplemental, those services are hereby ratified. .
5. This First Supplemental may be executed in one or more counterparts,
each of which will be deemed an original, but all of which together will
constitute one and the same instrument. This First Supplemental includes
three (3) pages and one (1) Exhibit which constitute the entire
understanding and agreement of the parties.
First Supplemental, UASI '07 2 4.10
City of Los Angeles and City of Vernon
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For:
THE CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By
Deputy City Attorney
By
Antonio R. Villaraigosa, Mayor
Date
Homeland Security and
Date
Public Safety, Mayor's Office
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For:
'City of Vernon,
a municipal corporation
By
City Attorney
By
Laurence S. Wiener
Hilario Gonzales, Mayor
Date
Date
ATTEST:
[SEAL]
By
City Clerk
Willard G. Yamaguchi
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number
First Supplemental, UASI `07 3 4.10
City of Los Angeles and City of Vernon
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
September 21, 2010
Ms. Eve LaDue, Contracts Specialist
Office of the Mayor; Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Re: 2007 Urban Areas Security Initiative Grant Program - First Supplemental Agreement to
Agreement No. C-115076
Dear Ms. LaDue:
Transmitted herewith are two partially executed First Supplemental agreements, as referenced
above, approved by City Council on September 20, 2010, through Resolution No. 2010-128.
Please return one fully executed original agreement to the undersigned.
If you have any questions regarding this matter, please call Lieutenant Jerry Winegar, at (323)
583-8811 ext. 126.
WILVery truly yours,
L G. YVMGHI
City Clerk
WGYAj
c: Rory Burnett
Masami Higa
Alex Kung
Joaquin Leon
James Rodino
Resolution No. 2010-128
Agreement File No. 10-067
Excfusivefy Industriaf
FIRST SUPPLEMENTAL TO AGREEMENT NUMBER C-115076 OF
CITY OF LOS ANGELES CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
AND
CITY,OF VERNON
THIS FIRST SUPPLEMENTAL ("First Supplemental") to Contract Number C-115076 of
City of Los Angeles Contract ("First Amendment") is made and entered into by and
between the City of Los Angeles, a municipal corporation (hereinafter called the "City"),
and the City of Vernon, a municipal corporation (hereinafter called the "Subgrantee" or
"Subrecipient").
WITNESSETH
WHEREAS, the City and the Subrecipient have entered into that certain
Agreement Number C-115076 (hereinafter the "Agreement") related to the Urban Area
Security Initiative Grant 2007 ("UASI 07"), whereby the City distributed UASI 0.7 grant
funds to the Subrecipient in accordance with the UASI 07 budget and the Subrecipient
agreed to address the unique equipment, training, planning and exercise needs of the
area, to assist it in building an enhanced and sustainable capacity to prevent, respond
to, and recover from threats oracts of terrorism, the execution of the Agreement having
been authorized by the Los Angeles City Council on or about May 8, 2008 (Council File
#07-0609), said Agreement effective October 16, 2007 through March 31, 2010; and
WHEREAS, on or about January 26, 2010, the California Emergency
Management Agency ("CalEMA") extended the subgrantee performance period for the
UASI 07 grant from March 31, 2010 to April 30, 2011 ("Grant Extension"); and
WHEREAS, Section 505 of the Agreement provides for amendments to the
Agreement; and
WHEREAS, the,Office.of the Mayor, Office of Homeland Security and Public
Safety ("Mayor's Office"), which has been designated by the City to administer the.
Agreement and the projects contemplated therein desires to amend or modify the
Agreement for the purpose of extending the time of performance to March 31, 2011 in
accordance with the Grant Extension and pursuant to authority provided under Section
14.8 of the Los Angeles Administrative Code; and
WHEREAS, the City and the Subrecipient are desirous of entering into this First
Supplemental for the purpose of amending or modifying the Agreement by (a) extending
the time of performance for Agreement Number C-115076 of City of Los Angeles
Contract to March 31, 2011 and (b) making such other changes as are required in
connection with the foregoing, all as detailed elsewhere in this First Supplemental; and
First Supplemental, UASI `07 1 4.10
City of Los Angeles and City of Vernon
WHEREAS, this First Supplemental is necessary and proper to continue and/or
complete certain activities authorized under the Agreement.
NOW, THEREFORE, the City and Subrecipient hereby covenant and agree as
follows:
1: The Agreement, which is attached hereto as Exhibit 1, is revived by this
First Supplemental and incorporated herein by this reference.. The terms
and conditions of said Agreement shall be the terms and conditions of this
First Supplemental, except as expressly modified herein.
2. Term: The term of this First Supplemental shall be from October 16, 2007
to March 31, 2011.
Such term modifies the original term of the Agreement, which was from
October 16,-2007 through March 31, 2010.
3. Except as herein amended or modified, all terms and conditions of the
Agreement shall remain unchanged and in full force and effect by way of
this First Supplemental.
4. Ratification Clause: Due to the need for Subrecipient's services to be
provided continuously on an ongoing basis, Subrecipient may have
provided services prior to the execution of this.First Supplemental. To the
extent that said services were performed in accordance with the terms and
conditions of this First Supplemental, those services are hereby ratified.
5. This First Supplemental maybe executed in one or more counterparts,
each of which will be deemed an original, but all of which together will
constitute one and the same instrument. This First.Suppiemental includes
three (3) pages and one (1) Exhibit which constitute the entire
understanding and agreement of the parties.
First Supplemental, UASI `07 2 4.10
City of Los Angeles and City of Vernon
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For:
THE CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By
Deputy City Attorney
BY
Antonio R. Villaraigosa, Mayor
Date
Homeland Security and
Date
Public Safety, Mayor's Office
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For:
City of Vernon,
a municipal corporation
By
ity t orney
By
�✓
Laurence S. Wiener
Hilario Gonzales, Mayor
Date
ply
Date
T 2/ cj
ATTEST:
[SEAL]
By
City Clerk
Willard G. Y uchi
Date 9--,'/— /a
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number
First Supplemental, UASI '07 3 4.10
City of Los Angeles and City of Vernon
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 13, 2010
TO: James Rodino, Interim Police Chief
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-128 - A Resolu ion of the City
Council of the City of Vernon Approving and
Authorizing the Execution of a First Supplemental
Agreement to Agreement Number C-115076 By and Between
the City of Vernon and the City of Los,Angeles
Regarding the 2007 Urban Areas Security Initiative
Grant Program
Transmitted herewith is a copy of the fully executed agreement
and Resolution No. 2010-128 as referenced above, which was
approved by City Council on September 20, 2010.
Thank you.
WY:dj
c: Jerry Winegar
Resolution No. 2010-128
Agreement 10-067
OFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
October 5, 2010
Willard G. 'Yamaguchi
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon, CA. 90058
Re: Executed. First Supplemental Agreement — City of Los Angeles and City of
Vernon C-115076
Dear Mr. Yamaguchi:
Enclosed, please find an original duplicate of the executed First Supplemental
Agreement C-115076 between the City of Los Angeles and the City of Vernon in
connection with the Fiscal Year 2007 Urban Area Security Initiative grant.
If you have any further questions, please contact me at (213) 978-0707 or via email at:
Eve. LaDue(aD-lacity.org.
yours
Eve'LaDue
Contract Specialist
Office of the Mayor
Homeland Security and Public Safety
EL:dlo
Enclosure
pCT 13 2010
Cliff CtEt�K'S O��ICE
200 NORTH SPRING STREET • Los ANGELES, CALIFORNIA 90012
PHONE: (213) 978-0600 • FAX: (213) 978-0750 e'l
EMAIL: MAYOR@LACITY.ORG
FIRST SUPPLEMENTAL TO AGREEMENT NUMBER C-115076 OF COPY
CITY OF LOS ANGELES CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
AND
CITY OF VERNON
THIS FIRST SUPPLEMENTAL ("First Supplemental") to Contract Number C-115076 of
City of Los Angeles Contract is made and entered into by and between the City of Los
Angeles, a municipal corporation (hereinafter called the "City"),and the City of Vernon, a
municipal corporation (hereinafter called the "Subgrantee" or "Subrecipient").
WITNESSETH
WHEREAS, the City and the Subrecipient have entered into that certain
Agreement Number C-115076 (hereinafter the "Agreement") related to the Urban Area
Security Initiative Grant 2007 ("UASI 07"), whereby the City distributed UASI 07 grant
funds to the Subrecipient in accordance with the UASI 07 budget and the Subrecipient.
agreed to address the unique equipment, training, planning and exercise needs of the
area, to assist it in building an enhanced and sustainable capacity to prevent, respond
to, and recover from threats or acts of terrorism, the execution of the Agreement having
been authorized by the Los Angeles City Council on or about May 8, 2008 (Council File
#07-0609), said Agreement effective October 16, 2007 through March 31, 2010; and
WHEREAS, on or about January 26, 2010, the California Emergency
Management Agency ("CalEMA") extended the subgrantee performance period for the
UASI 07 grant from March 31, 2010 to April 30, 2011 ("Grant Extension"); and
WHEREAS, Section 505 of the Agreement provides for amendments to the
Agreement; and
WHEREAS, the Office of the Mayor, Office of Homeland Security and Public
Safety ("Mayor's Office"), which has been designated by the City to administer the
Agreement and the projects contemplated therein desires to amend or modify the
Agreement for the purpose of extending the time of performance to March 31, 2011 in
accordance with the Grant Extension and pursuant to authority provided under Section
14.8 of the Los Angeles Administrative Code; and
WHEREAS, the City and the Subrecipient are desirous of entering into this First
Supplemental for the purpose of amending or modifying the Agreement by (a)
extending the time of performance for Agreement Number C-115076 of City of Los
Angeles Contract to March 31, 2011 and (b) making such other changes as are
required in connection with the foregoing, all as detailed elsewhere in this First
Supplemental; and
First Supplemental, UASI `07 1 4.10
City of Los Angeles and City of Vernon
WHEREAS, this First Supplemental is necessary and proper to continue and/or
complete certain activities authorized under the Agreement.
NOW, THEREFORE, the City and Subrecipient hereby covenant and agree as
follows:
1. The Agreement, which is attached hereto as Exhibit 1, is revived by this
First Supplemental and incorporated herein by this reference. The terms
and conditions of said Agreement shall be the terms and conditions of this
First Supplemental, except as expressly modified herein.
2. Term: The term of this First Supplemental shall be from October 16, 2007
to March 31, 2011.
Such term modifies the original term of the Agreement, which was from
October 16, •2007 through March 31, 2010.
3. Except as herein amended or modified, all. terms and conditions of the
Agreement shall remain unchanged and in full force and effect by way of
this First Supplemental.
4. Ratification Clause: Due to the need for SUbrecipient's services to be
provided continuously on an ongoing basis, Subrecipient may have
provided services prior to the execution of this First Supplemental. To the
extent that said services were performed in accordance with the terms and
conditions of this First Supplemental, those services are hereby ratified.
5. This First Supplemental may be executed in one or more counterparts,
each of which will be deemed an original, but all of which together will
constitute one and the same instrument. This First Supplemental includes
three (3) pages and one (1) Exhibit which constitute. the entire
understanding and agreement of the parties.
First Supplemental, UASI `07 2 4.10
City of Los Angeles and City of Vernon
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For: THE CIT LOS ANGELE
CARMEN A. TRUTANICH, City Attorney
ANTONIO . VI ARAIGOS , Mayor
By
By
Deputy Attorney
I
nt R. Vill raigosa, Mayor
l
Date Z l' ��
Homeland Security and
Public Safety, Mayor's Office
Date OCT 01 2010
ATTEST:
JUNE LAGMAY City Clerk
By�-
f,o,
eputy City Cler
Date vo
APPROVED AS TO FORM:
For: City of Vernon,
Z�
a municipal corporation
By
City Attorney
By
Laurence S. Wiener
Date
Hilario Gonzales, Mayor
Date �� -2-1 wo o
ATTEST:
t
[SEAL]
By
Cit Clerk
Willard G. Ya g hi
Date
City Business License Number: _
Internal Revenue Service ID Number: _
Council File/OARS File Number: _
City Contract Number C- � N 5a--1 �p
First Supplemental, UASI '07
City of Los Angeles and City of Vernon
Date of Approval
4.10
FIRST AMENDMENT TO AGREEMENT NUMBER C-115076 OF
CITY OF LOG ANGELES CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
AND
THE CITY OF VERNON
THIS FIRST AMENDMENT ("First Amendment") to Contract Number C
115076 of City of Los Angeles Contract is made and entered into by and
between the City of Los Angeles, a municipal corporation (hereinafter called the
"City,"), and the City of Vernon, a municipal corporation (hereinafter called "City
of Vernon" or "Contractor").
VVITNESSETH
WHEREAS, the City and the City of Vernon have entered into that certain
Agreement Number C-115076 of City of Los Angeles Contract (hereinafter
"Agreement") whetein the City of Vernon shall provide certain services and the
City shall pay for them using grant funds from the Urban Area Security Initiative
for year 2007.("UASI 07"), said Agreement effective October 16, 2007 through
March 31, 2010; and
WHEREAS, Section §505 of the Agreement provides for amendments to
the Agreement; and
WHEREAS, on November 21, 2008, pursuant to Council File # 07-0609,
the Los Angeles City Council authorized the reallocation of funds attributed to
project changes for UAS1 07 partner cities such that the City of Vernon was
allocated an additional One Hundred Twenty Five Thousand Dollars
($125,000.00) (the "Council Authorized Amount") for the purchase of Detection
and Data Linking System for Chemical, Biological, Radiological/Nuclear, and
Explosive (CBRNE) equipment from UASI 07grant funds for a new total of Two
Hundred Forty Five Thousand Dollars ($245,000.00), and further authorized .the
amendment of the Agreement to reflect such increase in allocation; and
WHEREAS, the Office of the Mayor, Office of Homeland Security and
Public Safety ("Mayor's Office"), which has been designated by the City to
administer the Agreement and the project contemplated therein, desires to
further amend the Agreement for the purpose of adding additional funds in the
amount of Sixty One Thousand Two Hundred and Fifty Dollars ($61,250.00)
pursuant: to authorization provided under Section 14.8(a) of the Los Angeles
Administrative Code (the "14.8 Amount"); and
WHEREAS, the City and the City of Vernon are desirous of entering into
this First Amendment for the purpose of: (a) adding the Council Authorized .
Amount to the Agreement as authorized by Council File #07-0609 and further
adding the 14.8 Amount to the Agreement as authorized by Section 14.8(a) of
First Amendment 1 3/09
City of Los Angeles & City of Vernon
UAS 107
the Los Angeles Administrative Code, such that the new total amount of UASI 07
funds payable under the Agreement shall be Three Hundred Six Thousand Two
Hundred Fifty Dollars ($306,250.00); (b) making minor revisions to the budget;
and (c) making such other changes as are required in connection with the
foregoing, all as detailed elsewhere in this First Amendment; and
WHEREAS, this First Amendment is necessary and proper to continue
and/or complete certain activities authorized under the Agreement.
NOW, THEREFORE, the City and Contractor hereby agree that the
Agreement be amended effective March 15, 2009 as follows:
1. Section 301A entitled Payment of Grant Funds and Method of
Payment, is hereby amended in its entirety to read as follows:
"The City of Los Angeles shall pay to City of Vernon the grant
amount of Three Hundred Six Thousand Two Hundred fifty Dollars
($306,250.00) ("Grant Amount") to be used for purchase of
equipment, planning, exercises, organizational activities, and
training as described in Section 202 above. Such Grant Arnount
represents the amount allocated to City of Vernon in the FY'07
UASI grant award notice and budget, as may be amended."
2. Other than the amendment stated above in Section 1 herein, all
other terms and conditions of the Agreement shall remain
unchanged and be in full force and effect.
3. This First Amendment may be executed in one or more
counterparts, each of which will be deemed an original, but'all of
which together will constitute one and the same instrument.
First Amendment 2 3/09
City of Los Angeles & City of Vernon
UASI 07
IN WITNESS WHEREOF, the City and City of Vernon have caused this First
Amendment to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND
For:
THE CITY OF LOS ANGELES
LEGALITY:
ROCKARD J. DELGADILLO, City
ANTONIO
R. V LARAIGOSA,
Attorney
Mayor
By
Deputy ity orney
Date I.,
By
o io . Villaraigosa, Mayor
Homeland Security and
Public Safety, Mayor's Office
Date
ATTEST.
Karen E. Kalfayan, City Clerk:
4 By
Deputy City CleNk
Date
APPROVED AS TO FORM:
For:
City of Vernon,
a municipal corporation
By 4/ I/j
Cifjftto y Jeff Harrison
By.�f�,
Mayor Pro Ttmpore
Date
Date
zo
ATTEST:
By -�-
City Clerk Ma uela Giron
Date
City Business License Number: _
Internal Revenue Service JD Number:
Council File/OARS File NuRi b r, Date of Approval
Said Agreement is Number of City Contracts
hmer4m end
First Amendment 3 3/09
City of Los Angeles & City, of Vernon
UAS 107
AGREEMENT
Contractor: City of Vernon
City Contract Number '
TABLE OF CONTENTS
Section Description
L
II.NTRODUCTION
§101. Parties to the Agreement
§102. Representatives of the Parties and Service of Notices
§103. Independent Party
§104. Conditions Precedent to Execution of this Agreement
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
§202. Use.of Grant Funds
III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
IV
STAfNDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
§402. Applicable Law, Interpretation and Enforcement
§403. Integrated Agreement
§404. Excusable Delays
§405. Breach
§406. Prohibition Against Assignment or Delegation
§407. Permits
§408. Non Discrimination and Affirmative Action
§409. Los Angeles City Business Sfax Registration Certificate
UASI '07 Gov't PSA
City of Vernon
Page
6
6
7
14
16
16
16
16
17
17
17
17
18
5/08
TABLE OF CONTENTS
Section Description Paqe
§410.
Bonds
18
18
§411.
Indemnification
18
§412.
Conflict of Interest
20
§413.
Insurance (Intentionally left blank)
§414.
Restriction on Disclosures
20
§415.
Statutes and Regulations Applicable to All Grant Contracts
20
§416.
Federal, State, and Local Taxes
28
§417.
Inventions, Patents and Copyrights
28
§418.
Living Wage Ordinance
28
§419.
Earned Income Tax Credit
29
§420.
Equal Benefits Ordinance
29
§421.
Contractor Responsibility Ordinance
29
§422.
Slavery Disclosure Ordinance
30
§423.
Child Support Assignment Orders
30
§424.
MBEMBE
30
V
DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS
§501.
Defaults
31
31
§502.
Intentionally left blank
31
§503.
Intentionally left blank
§504.
Intentionally left blank
31
§505.
Amendments
31
ENTIRE AGREEMENT
§601. Complete Agreement 32
§602. Number of Pages and Attachments 32
Execution (Signature) Page 33
UASI '07 Gov't PSA jj 5/08
City of Vernon
EXHIBITS
Exhibit A
Insurance (Not applicable to this Agreement)
Exhibit B
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C
Certification Regarding Lobbying
Exhibit D
Certification Regarding Drug Free Workplace Requirements
Exhibit E
Grant Assurances
Exhibit F
Authorized Program Expenditures
Exhibit G
Equipment Ledger
Exhibit H
Authorized Training
Exhibit I
Training Roster
Exhibit J
Authorized Exercises
Exhibit K
Exercise Roster
Exhibit L
Authorized Planning
Exhibit M
Authorized Organizational Activities
Exhibit.N
Modification Request Form
Exhibit O
Reimbursement Request Form
Exhibit P
Reimbursement Request Submission Schedule
Exhibit Q
Equipment/Planning Milestones List
Exhibit R
Pro Forma Implementation Plan
UASI '07 Gov't PSA lil 5108
City of Vernon
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN .
THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS AGREEMENT is made and entered into by and between the City of Los
Angeles, a municipal corporation (the "City,"), and City of Vernon, a municipal
corporation (the "City of Vernon" or "Contractor").
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"),
through the Office of Grants and Training (G&T), has provided financial assistance
directly to selected jurisdictions through the Fiscal Year (FY) 2007 Urban Areas Security
Initiative ("UASI 07"); and
WHEREAS, this financial assistance is administered by the City of Los Angeles
and is overseen by the California Office of Homeland Security ("OHS'); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Los Angeles/Long Beach Urban Area ("LA/LBUX) consists of
the City of Los Angeles, the City of Vernon, the unincorporated area of the City of
Vernon, and 27 participating jurisdictions, including City of Vernon); and
WHEREAS, the G&T awarded a UASI 07 Grant of $58,06.4,000 ("Grant Funds")
to the City of Los Angeles, as a Core City, for use in the LA/LBUA; and
WHEREAS, the City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ("Mayor's Office") to provide for terrorism prevention and
emergency preparedness; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 07 Grant Funds
throughout the LA/LBUA, as further detailed in this Agreement ("Agreement") to City of
Vernon and others;
WHEREAS, the City and City of Vernon are desirous of executing this
Agreement as authorized by the City Council and the Mayor (refer to Council File
Number 07-0609 dated May 8, 2008) which authorizes the City to prepare and execute
the Agreement.
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City of Vernon
NOW, THEREFORE, the City of Los Angeles and City of Vernon agree as
follows:
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E
5/08
I
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North Spring
Street, Los Angeles, California 90012; and
B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa
Fe Avenue, Vernon, CA 90058.
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications shall
be given are as follows:
1. The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
Arif Alikhan, Deputy Mayor
Office of the Mayor
Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0787
Fax: (213) 978-0718
Arif.Alikhan@lacity.org
2. The representative of City of Vernon shall be:
3. The representative of City of Vernon shall be:
Manuela Giron, City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-8811
Fax: (323) 826-1438
ngiron@ci.vernon.ca.us
with a copy to:
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City of Vernon
Daniel Calleros, Lieutenant
Vernon Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 587-5171
Fax: (323) 826-1484
dcalleros@covpd.org
B. Formal notices, demands and communications to be given hereunder by either
party shall be made in writing and may be effected by personal delivery or by
registered or certified mail, postage prepaid, return receipt requested and shall
be deemed communicated as of the date of mailing.
C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed; written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
City of Vernon is acting hereunder as an independent party, and not as an agent
or employee of the City of Los Angeles. No employee of City of Vernon, is, or
shall be an employee of the City of Los Angeles by virtue of this Agreement, and
City of Vernon shall so inform each employee organization and each employee
who is hired or retained under this Agreement. City of Vernon shall not represent
or otherwise hold out itself or any of its directors, officers, partners, employees,
or agents to be an agent or employee of the City of Los Angeles.
§104. Conditions Precedent to Execution of This Agreement
City of Vernon shall provide copies of the following documents to the City of Los
Angeles, unless otherwise exempted:
A. This Section is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with Section 415L of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit C and made a part
hereof. City of Vernon shall also file a Disclosure Form at the end of each
calendar quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of the information contained in any Disclosure
Form previously filed by City of Vernon.
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.
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City of Vernon
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on October 16, 2007 and end March
31, 2010 or and any additional period of time as is required to complete any
necessary close out activities. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. City of Vernon and the City have previously completed a mutually approved
Budget/Expenditure Plan, hereinafter "Budget." The Budget contains detailed
listings of items for expenditure under the terms of this Agreement, which is
incorporated herein by this reference.
Any request by City of Vernon to modify the Budget must be made in
writing and accompanied by a completed Modification Request Form,
attached hereto as Exhibit N. All modification requests must be approved
in writing by the City during the term of this Agreement.
2. Modification requests must be submitted to the City no later than 30 days
before the end of each fiscal quarter. A submission schedule is attached
hereto as Exhibit P. Submissions made after the deadline will be returned
to the City of Vemon and will not be accepted until the following
submission period. The City will notify the City of Vernon in writing if
reallocations requests are inaccurate and/or incomplete. Inaccurate
and/or incomplete reallocation requests shall be returned to the City of
Vernon for revision and shall be accepted by the City when reallocation
requests are accurate and complete.
3. Final modification requests must be submitted to the City no later than
December 1, 2009 to provide the City time to meet OHS requirements. At
that time, any unexpended funds may be re -directed to other needs
across the LA/LBUA. The City will notify City of Vernon, in writing, when
unexpended balances may be re -directed. The transfer of redirected
funding will take place no les than 15 days after the date of the notification
letter.
B. City of Vernon shall complete Implementation Plans to manage their allocations.
A Pro Forma Implementation Plan is attached hereto as Exhibit R. City of
Vernon* shall provide Implementation Plans and any reports requested by the
City regarding performance of the Agreement. Plans and reports shall be in the
form requested by the City, and shall be provided in a timely manner. The
completion of each milestone and deliverable referenced in the Implementation
Plans is subject to the prior review and written approval of the City.
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C. Any equipment acquired pursuant to this Agreement shall be authorized in
http://www.rkb.mipt.org and Appendix A, Authorized Program Expenditures, to
the FY 2007 Homeland Security Grant Program, Program Guidance and
Application Kit, incorporated by reference, and attached hereto as Exhibit F. City
of Vernon shall provide the City a copy of its most current procurement
guidelines and follow its own procurement requirements as long as they meet the
minimum federal requirements. Federal procurement requirements for the UASI
07 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and
Office of G&T Financial Guide.
Any equipment acquired or obtained with Grant Funds:
1. Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant;
2. Is consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G&T Financial Guide.
For the purposes of this subsection, "Equipment" is defined as nonexpendable
property that is neither consumed nor loses its identity by being incorporated into
another item of equipment, which costs $5,000 or more per unit, or is expected to
have a useful life of one (1) year or more. Items costing less than $5,000, but
falling into the following categories are also considered Equipment: (1)
electronics communications equipment for stationary or vehicular use, including
cellular telephones acquired by lease or purchase, and (2) electronic office
equipment, including facsimile machines, copiers, electric typewriters, personal
computers (monitors and CPUs), terminals and printers.
1. Equipment shall be used by City of Vernon in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. City of Vernon shall make Equipment available for use on other projects or
programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
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program for which it was originally acquired. First preference for other use
shall be given to other programs or projects supported by the awarding
agency.
3. A ledger, attached hereto as Exhibit G, shall be maintained for each item
of Equipment acquired for the program. This record must be updated
quarterly and forwarded to the City along with completed reimbursement
request forms (Exhibit O), when applicable. Records must be retained
pursuant to 28 C.F.R. Part 66.42, and Office of G&T. For each piece of
equipment, the record shall include:
(1) The line item number and project number as stated in the
Budget
(2) The equipment description as stated in the Budget
(3) The Authorized Equipment Listing number (AEL) found at
http://www.rkb.mipt.org
(4) The AEL title
(5) The invoice number
(6) The vendor
(7) Total cost (prime vendor)
(8) Total cost (general)
-(9) Cash request #
(10) Acquired date
(11) ID Tag #
(12),The condition and disposition of the equipment,
indicating whether it is new or used
(13) The deployed location, including the address and/or
name of the facility where the equipment is located
(14) The name and contact information to whom the
equipment is assigned.
4. All equipment obtained under this Agreement shall have an LA/LBUA
identification decal affixed to it, and, when practical, shall be affixed where
it is readily visible.
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5. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every year.
6. City of Vernon must obtain a performance bond for any equipment line
item over $250,000; or any vehicle, aviation or watercraft (regardless of
the cost) financed with UASI grant funds.
7. City of Vernon must meet a March 31, 2009 deadline for the equipment
items listed in Exhibit Q, Equipment/Planning Milestones. The equipment
items listed in Exhibit Q must be purchased and received by March 31,
2009.
D. Any training paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2007 Homeland Security Grant Program, Program Guidance and
Application Kit, pages 27-32; 50-51 (attached as Exhibit H) and must be pre -
authorized by OHS at http://www homeland cagov/hseep/traininghome.html.
E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2007 Homeland and Security Grant Program, Program Guidance and
Application Kit, pages 32-36; 51 (Exhibit J). Detailed Homeland Security
Exercise and Evaluation Program Guidance are available at
http://www.homeland.ca.gov.
F. Any planning paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2007 Homeland and Security Grant Program, Program Guidance and
Application Kit, pages 23; 50 (Exhibit Q. Reference materials and additional
details are available at http://www.homeland.ca.gov.
City of Vernon must meet a March 31, 2009 deadline for the planning items listed
in Exhibit Q, Equipment/Planning Milestones. The planning items listed in Exhibit
Q must be commenced and completed by March 31, 2009.
G. Any organizational activities paid pursuant to this Agreement shall conform to the
guidelines as listed in FY 2007 Homeland and Security Grant Program, Program
Guidance and Application Kit, pages 23-26; 50 (Exhibit M). Plans and reports
shall be in the form requested by the City, and shall be provided in a timely
manner.
H. As required by OHS, the City shall electronically provide City of Vernon with a
living, interactive pro forma template of a Project Management Workbook,
incorporated herein by reference. City of Vernon shall maintain the Project
Management Workbook to access, complete and update the following
documents:
(1) Reimbursement Checklist
(2) Reimbursement Request Form
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III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall pay to City of Vernon the grant amount of One
Hundred Twenty Thousand Dollars ($120,000) to be used for purchase of
equipment, planning, exercises, organizational activities, and training as
described in Section 202 above. The Grant Amount represents the amount
allocated to City of Vernon in the FY `07 UASI grant award notice.
B. City of Vernon shall provide to the City invoices requesting payment and all
supporting documentation. Each reimbursement request shall be accompanied
by the Reimbursement Request Form (attached hereto as Exhibit O) and
Equipment Ledger, Training Roster and/or Exercise Roster, as applicable,
detailing the expenditures made by City of Vernon as authorized by Section 202
above. For equipment for which City of Vernon is requesting reimbursement, an
equipment ledger (Exhibit G) and all appropriate back-up documentation must be
attached to the reimbursement form, including invoices, proof of payment and
packing slips. For training and exercise reimbursements, City of Vernon must
include a copy of the class training roster (attached hereto as Exhibit 1) or class
exercise roster (attached hereto as Exhibit K) verifying training attendees, proof
that an OHS tracking number has been assigned to the course, and timesheets
and payroll registers for all training attendees.
The Grantor seeks to encourage Regional Projects, where two or more
jurisdictions or Urban Areas join together on a given project for the common good
of the region. For regional project reimbursements, City of Vernon must include
approval from the lead agency for all submitted invoices.
Reimbursement requests must be submitted to the City monthly. Final
reimbursement requests for the grant period must be submitted to the City on or
before December 31, 2009. The City will notify the City of Vernon in writing if
reimbursement requests are inaccurate and/or incomplete. Inaccurate and/or
incomplete reimbursement requests shall be returned to the City of Vernon for
revision and shall be accepted by the City when reimbursement requests are
accurate and complete.
C. Notwithstanding anything to the contrary herein, City of Vernon may procure
equipment through the "Equipment Purchase Assistance Program," (EPAP) as
more fully described in "Fiscal Year 2007, Homeland Security Grant Program,
Program Guidelines and Application Kit", page 91 Appendix D-2. Under this
program, City of Vernon may select equipment from Fischer Scientific, the
Grantor will pay the vendor directly, and the dollar amount of § 301 A of this
Agreement shall be reduced by the corresponding amount. Further information
on EPAP is available in a fact sheet posted on the G&T website at
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City of Vernon
http://www.oiP-usdoi.gov/odp/library/bulletins.htm. City of Vernon shall notify the
City of Los Angeles thirty (30) days prior to using the "Equipment Purchase
Program," and shall submit to the City of Los Angeles a final report reconciling
the full amount of the Agreement, ninety (90) days before the Agreement
terminates.
D. Payment of final invoice shall be withheld by the City of Los Angeles until the City
has determined that City of Vernon has turned in all supporting documentation
and completed the requirements of this Agreement.
E. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set forth herein.
F. (This section intentionally left blank.)
G. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
immediately upon written notice to City of Vernon of a loss or reduction of federal
grant funds.
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City of Vemon
IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Contractor" herein and in any amendments hereto includes the party or parties
identified in this Agreement. The singular shall include the plural. If there is
more than one Contractor as identified herein, unless expressly stated otherwise,
their obligations and liabilities hereunder shall be joint and several. Use of the
feminine, masculine, or neuter genders shall be deemed to include the genders
not used.
§402. Applicable Law Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of 'California, and the City. This Agreement
shall be enforced and interpreted under the laws of the State of California and
the City.
If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
restrictions; strikes, freight embargoes or delays in transportation; to the extent
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that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
City of Vernon may not, unless it has first obtained the written permission of the
City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
City of Vernon and its officers, agents and employees shall obtain and maintain
all permits and licenses necessary for City of Vernon's performance hereunder
and shall pay any fees required therefore. City of Vernon further certifies to
immediately notify the City of any suspension, termination, lapses, non renewals
or restrictions of licenses, certificates., or other documents.
§408. Nondiscrimination and Affirmative Action
A. The Contractor 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 Contractor
shall not discriminate in its employment practices against any employee or
applicant for employment because of such persons race, religion, national origin,
ancestry, sex, sexual orientation, age, physical handicap, mental disability,
marital status, domestic partner status, or medical condition. The Contractor
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 Contractor shall comply with the provisions of the Los Angeles
Administrative Code Sections 10.8 through 10.13, to the extent applicable hereto.
If this Agreement contains a consideration in excess of $1,000 but not more than
$100,000, the Equal Employment practices provisions of this Agreement shall be
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the mandatory contract provisions set forth in Los Angeles Administrative Code
Section 10:8.3, in which event said provisions are incorporated herein by this
reference. If this Agreement contains a consideration in excess of $100,000, the
Affirmative Action Program of this Agreement shall be the mandatory contract
provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which
event said provisions are incorporated herein by this reference. The Contractor
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 Contractor 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, Sections 21.00 and following, of the Los Angeles Municipal Code) is
not applicable.
§410. Bonds
Duplicate copies of all bonds which may be required hereunder shall conform to
City requirements established by charter, ordinance or policy and shall be filed
with the Office of the City Attomey for its review in accordance with Los Angeles
Administrative Code Sections 11.47 through 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties_ hereto, as between themselves, pursuant to the authorization
contained in Section 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees by law,
for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. City of Vernon
certifies that it has adequate self insured retention of funds to meet any obligation
arising from this Agreement.
§412. Conflict of Interest
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A. The Contractor covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract supported
(in whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
1. A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California
Political Reform Act, California Government Code §87100 et agq. if such
person were a public officer, because such person would have a "financial
or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic partner
and/or those persons related by blood or marriage, such as husband, wife,
father, mother, brother, sister, son, daughter, father in law, mother in law,
brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific contract,
including a commission or fee, a share of the proceeds, prospect of
a promotion or of future employment,a profit, or any other form of
financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or
more; ownership of five percent or more of the stock; employment
in a managerial capacity; or membership on the board of directors
or governing body.
C. _ (This section intentionally left blank.)
D. The Contractor further covenants that no officer, director, employee, or agent
shall solicit or accept gratuities, favors, anything of monetary value from any
actual or potential subcontractor, supplier, a party to a sub agreement, (or
persons who are otherwise in a position to benefit from the actions of any officer,
employee, or agent).
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E. The Contractor shall not subcontract with a former director, officer, or employee
within a one year period following the termination of the relationship between
I aid person and the Contractor.
F. Prior to obtaining the City's approval of any subcontract, the Contractor shall
disclose to the City any relationship, financial or otherwise, direct or indirect, of
the Contractor or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. For further clarification of the meaning of any of the terms used herein, the
parties agree that references shall be made to the guidelines, rules, and laws of
the City of Los Angeles, State of California, and Federal regulation's regarding
conflict of interest.
H. The Contractor warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
1. The Contractor covenants that no member, officer or employee of Contractor
shall have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his/her tenure as such employee, member or officer or for one year thereafter.
J. The Contractor shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and "sub
subcontractor" for "Subcontractor'
§413. Insurance
This section is not applicable to this contract, and is intentionally left blank.
§414. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250 et seq.).
§415. Statutes and Regulations Applicable To All Grant Contracts
A. City of Vernon shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. City of Vernon shall comply with state and federal laws and
regulations pertaining to labor; wages, hours, and other conditions of
employment. City of Vernon shall comply with new, amended, or revised laws,
regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
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1: Office of Management and Budget (OMB) Circulars
City of Vernon shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB Circular
A-87 (Cost Principles for State, Local, and Indian Tribal Governments);
OMB Circular A-102 (Grants and Cooperative Agreements with State and
Local Governments); Common Rule, Subpart C for public agencies or
OMB Circular A-110 (Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals and
Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for
Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non -Profit Organizations.
2. Single. Audit Act
If Federal funds are used in the performance of this Agreement, City of
Vernon shall adhere to the rules and regulations of the Single Audit Act,
31 USC Sec. 7501 et seq.; City Council action dated February 4, 1987
(C.F. No. 84 2259 S1); and any administrative regulation or field memos
implementing the Act.
3. Americans with Disabilities Act
City of Vernon hereby certifies that it will comply with the Americans with
Disabilities Act 42, USC §§ 12101 et seg., and its implementing
regulations. City of Vernon will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance with the
provisions of the Americans with Disabilities Act. City of Vernon will not
discriminate against persons with disabilities nor against persons due to
their relationship to or association with a person with a disability. Any
subcontract entered into by the City of Vernon, relating to this Contract, to
the extent allowed hereunder, shall be subject to the provisions of this
paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or
indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither shall any funds provided under this Agreement be used for
any purpose designed to support or defeat any pending legislation or
administrative regulation. None of the funds provided pursuant to this
Agreement shall be used for any sectarian purpose or to support or benefit
any sectarian activity.
If this Agreement provides for more than $100,000.00 in grant funds or
more than $150,000.00 in loan funds, City of Vernon shall submit to the
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City of Vernon
City a Certification Regarding Lobbying and a Disclosure Form, if required,
in accordance with 31 USC 1352. A copy of the Certificate is attached
hereto as Exhibit C. No funds will be released to City of Vernon until the
Certification is filed.
City of Vernon shall file a Disclosure Form at the end of each calendar
quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of any of the information contained in any
Disclosure Form previously filed by City of Vernon. City of Vernon shall
require that the language of this Certification be included in the award
documents for all sub -awards at all tiers and that all subcontractors shall
certify and disclose accordingly.
5. Records Inspection
At any time during normal business hours and as often as the City, the
U.S. Comptroller General and the Auditor General of the State of
California may deem necessary, City of Vernon shall make available for
examination all of its records with respect to all matters covered by this
Agreement. The City, the U.S. Comptroller General and the Auditor
General of the State of California shall have the authority to audit,
examine and make excerpts or transcripts from records, including all City
of Vernon's invoices, materials., payrolls, records of personnel, conditions
of employment and other data relating to all matters covered by this
Agreement.
City of Vernon agrees to provide any reports requested by the City
regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance with
requirements prescribed by the City with respect to all matters covered on
file for all documents specified in this Agreement. Original forms are to be
maintained on file for all documents specified in this Agreement. Such
records shall be retained for a period of five (5) years after termination of
this Agreement and after final disposition of all pending matters. "Pending
matters include, but are not limited to, an audit, litigation or other actions
involving records. The City may, at its discretion, take possession of,
retain and audit said records. Records, in their original form pertaining to
matters covered by this Agreement, shall at all times be retained within the
City of Vernon unless authorization to remove them is granted in writing by
the City.
7. Subcontracts and Procurement
City of Vernon shall comply with the federal and City of Vernon standards
in the award of any subcontracts. For purposes of this Agreement,
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City of Vernon
subcontracts shall include but not be limited to purchase agreements,
rental or lease agreements, third party agreements, consultant service
contracts and construction subcontracts.
City of Vernon shall ensure that the terms of this Agreement with the City
are incorporated into all Subcontractor Agreements. The City of Vernon
shall submit all Subcontractor Agreements to the City for review prior to
the release of any funds to the subcontractor. The City of Vernon shall
withhold funds to any subcontractor agency that fails to comply with the
terms and conditions of this Agreement and their respective Subcontractor
Agreement.
8. Labor
City of Vernon shall comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for
merit systems for programs funded under one of the 19 statutes or
regulations specified in Appendix A of OPM's Standards for a Merit
System Personnel Administration (5 C.F.R. 900, Subpart F).
City of Vernon shall comply, as applicable, with the provisions of the
Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40
U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§327-333), regarding labor standards for
federally -assisted construction subagreements, and the Hatch Act (5 USC
§§1501-1508 and. 7324-7328).
City of Vernon shall comply with the Federal Fair Labor Standards Act (29
USC § 201) regarding wages and hours of employment.
None of the funds shall be used to promote or deter Union/labor
organizing activities (CA Gov't Code Sec. 16645 et se
9. Civil Rights
City of Vernon shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (P.L. 88-352)"which prohibits discrimination on the
basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20U.S.C. §§1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) The Age
Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
UASI 07 GQV't PSA 23 5108
City of Vernon
act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to non-discrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being
made; Q) the requirements of any other nondiscrimination statute(s) which
may apply to the application; and (k) P.L. 93-348 regarding the protection
of human subjects involved in research, development, and related
activities supported by this award of assistance.
10. Environmental
City of Vernon shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide
for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
City of Vernon shall comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental quality
control measures under the.National Environmental Policy Act of 1969
(P.L. 91-190) and Executive Order (EO)11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards. in floodplains in accordance with
EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to
State (Clean Air) Implementation Plans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended (P.L. 93-523); (h) protection of endangered species
under the Endangered Species Act of 1973, as amended (P.L. 93205);
and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
City of Vernon shall comply with the Wild and Scenic Rivers Act of 1968
(16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
City of Vernon shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -
based paint in construction or rehabilitation of residence structures.
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City of Vernon
City of Vernon shall comply with the Federal Water Pollution Control Act
(33 U.S.C. § 1251 of seq.) which restores and maintains the chemical,
physical and biological integrity of the Nation's waters.
City of Vernon shall ensure that the facilities under its ownership, lease or
supervision which shall be utilized in the accomplishment of;this project
are not listed in the Environmental Protection. Agency's (EPA) list of .
Violating Facilities and that it will notify the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of
Federal Activitiesindicating that a facility to be used in the project is under
consideration for listing by the EPA.
By signing this Agreement, City of Vernon ensures that it is in compliance
with the California Environmental Quality Act (CEQA), Public Resources
Code §21000 et seg. and is not impacting the environment negatively.
City of Vernon shall comply with the Energy Policy and Conservation Act
(P.L. 94-163, 89 Stat. 871).
City of Vernon shall comply, if applicable, with the provision of the Coastal
Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et. seq.) which prohibits the expenditure of most new Federal funds
within the units of the Coastal Barrier Resources System.
11. Preservation
City of Vernon shall comply with Section 107 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.G. §§469a-1 et seq.).
12. Suspension and Debarment
City of Vernon shall comply with Federal Register, Volume 68, Number
228, regarding Suspension and Debarment, and City of Vernon shall
submit a Certification Regarding Debarment required by Executive Order
12549 and any amendment thereto. Said Certification shall be submitted
to the City concurrent with the execution of this Agreement and shall
certify that neither City of Vernon nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any federal department
head or agency. City of Vernon shall require that the language of this
Certification be included in the award documents for all sub -award at all
tiers and that all subcontractors shall certify accordingly.
13. Drug -Free Workplace
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City of Vernon
City of Vernon shall comply with the federal Drug -Free Workplace Act of
1988, 41 USC §701, 28 CFR Part 67; the California Drug -Free Workplace
Act of 1990, CA Gov't Code §§ 8350-8357. City of Vernon shall complete
the Certification Regarding Drug -Free Workplace Requirements, attached
hereto as Exhibit D, and incorporated herein by reference.
14. Miscellaneous.
City of Vernon shall comply with the Laboratory Animal Welfare Act of
1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
City of Vernon shall comply with all applicable requirements of state and federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular grant program. City
of Vernon shall comply with new, amended, or revised laws, regulations, and/or
procedures that apply to the performance of this Agreement. These requirements
include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372;
Department of Justice (DOJ.) Office of Judicial Programs (OJP) Office of
the Comptroller, Financial Guide; U.S. Department of Homeland Security,
Office of State and Local Government Coordination and Preparedness,
Office for Domestic Preparedness, Urban Areas Security Initiative Grant
Program 11; ODP WMD Training Course Catalogue; and DOJ Office for
Civil Rights.
Standardized Emergency Management System (SEMS) requirements as
stated in the California Emergency Services Act, Government Code
Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-
2448.
Provisions of 28 CFR applicable to grants and cooperative agreements,
including Part 18, Administrative Review Procedures; Part 20, Criminal
Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 35, Nondiscrimination
on the Basis of Disability in State and Local Government Services; Part
38, Equal Treatment of Faith -based Organizations; Part 42,
Nondiscrimination/Equal employment Opportunities Policies and
Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to federal
Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70,
UASI 07 Gov't PSA 26 5/08
City of Vernon
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).
Nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice
and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate; the provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1, and all
other applicable federal laws, orders, circulars, or regulations.
2. Travel Expenses
City of Vernon as provided herein shall be compensated for City of
Vernon's reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
City of Vernon's total travel for in -State and/or out -of -State and per diem
costs shall be included in the contract budget(s). All travel including out -
of -State travel not included in the budget(s) shall not be reimbursed
without prior written authorization from the Mayor's Office.
City of Vernon's administrative -related travel and per diem reimbursement
costs shall be reimbursed based on the City of Vernon's policies and
procedures. City of Vernon's reimbursement rates shall.not exceed the
amounts established by the State Department of Personnel Administration
Rules and Regulations, PML 97-024, Section 599.619, dated July 1, 1997
and Section 599.631, and as amended from time to time.
3. Noncompliance
City of Vernon understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant
funds, and repayment by City of Vernon to City of any unlawful
expenditures.
C. Compliance With Grant Assurances
To obtain the Grant Funds, the Grantor required an authorized representative of the
City to sign certain promises regarding the way the Grant Funds would be spent
("Grant Assurances'), attached hereto as Exhibit E. By signing these Grant
Assurances, the City became liable to the Grantor for any funds that are used in
violation of the grant requirements. City of Vernon shall be liable to the Grantor for
any funds the Grantor determines that City of Vernon used in violation of these Grant
Assurances. City of Vernon shall indemnify and hold harmless the City for any sums
the Grantor determines City of Vernon used in violation of the Grant Assurances.
§416. Federal State and Local Taxes
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City of Vernon
Federal, State and local taxes shall be the responsibility of City of Vernon as an
independent party and not as a City employee.
§417. Inventions Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery (Invention) patentable or
otherwise under title 35 of the U.S. Code, including, without limitation, processes
and business methods made in the course of work under this Agreement, the
Contractor shall report the fact and disclose the Invention promptly and fully to
the City. The City shall report the fact and disclose the Invention to the Grantor.
Unless there is a prior agreement between the City and the Grantor, the Grantor
shall determine whether to seek protection on the Invention. The Grantor shall
determine how the rights in the Invention, including rights under any patent
issued thereon, will be allocated and administered in order to protect the public
interest consistent with the policy ("Policy") embodied in the Federal Acquisition
Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et
seq. (Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive
Departments and Agencies, dated 2/18/1983); and Executive Order 12591,
4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive
Order 12618, 12/22/87, 52 FIR 48661, 3 CFR, 1987 Comp., p. 262). Contractor
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
City shall have an unencumbered right, and a non-exclusive,. irrevocable, royalty -
free license, to use, manufacture, improve upon, and allow others to do so for all
government purposes, any Invention developed under thisAgreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material (Material) is developed under this
Agreement, the author or the City, at the City's discretion, may copyright
the Material. If the City declines to copyright the Material, the City shall
have an unencumbered right, and a non-exclusive, irrevocable, royalty -
free license, to use, manufacture, improve upon, and allow others to do so
for all government purposes, any Material developed under this
Agreement.
2. The Grantor shall have an unencumbered right, and a non-exclusive,
irrevocable, royalty -free license, to use, manufacture, improve upon, and
allow others to do so for all government purposes, any Material developed
under this Agreement or any Copyright purchased under this Agreement.
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City of Vernon
3. Contractor shall comply with 24 CFR 85.34.
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Contractor shall require all subcontractors to comply with the obligations of this
section by incorporating the terms of this section into all subcontracts.
§418. Living Wage Ordinance Service Contractor. Worker Retention and Livinq Wage
Policy
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Sections 10.37 et seq and 10.36 et seq.
§419. Earned Income Tax Credit
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§420. Equal Benefits Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§421 Contractor Responsibility Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the provisions of the Contractor Responsibility Ordinance (CRO), Section
10.40 et seg., of Article 14, Chapter 1 of Division 10 of the Los Angeles
Administrative Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles
Administrative Code.
§423. Child Support Assignment Orders
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City of Vernon
Under the terms of this Agreement, City of Vernon is exempt from compliance
with the Child Support Assignment Orders Ordinance, Section 10.10 of the Los
Angeles Administrative Code. City of Vernon shall comply with California Family
Code Section 5230 et seq. as applicable.
§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 Contractor contracts, including
procurement, construction and personal services. This policy applies to all
Contractors and Sub -Contractors.
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City of Vernon
v
DEFAULTS SUSPENSION TERMINATION, AND AMENDMENTS
§501. Defaults
Should City of Vernon fail for any reason to comply with the contractual
obligations of this Agreement within the time specified by this Agreement, the
City reserves the right to terminate the Agreement, reserving all rights under
state and federal law.
§502. (This section intentionally left blank.)
§503. (This section intentionally left 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 City of Vernon, and any increase or decrease in the amount of
compensation which are agreed to by the City and City of Vernon shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
City of Vernon agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
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City of Vernon
VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation with any officer or employee
of either party shall affect or modify any of the terms and conditions of this
Agreement.
§602. Number of Pages and Attachments
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original. This Agreement includes thirty-three (33) pages and
eighteen (18) Exhibits which constitute the entire understanding and agreement
of the parties.
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City of Vernon
IN WITNESS WHEREOF, the City and City of Vernon have caused this Agreement
to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
S
For:sntonio
ROCKARD J. DELGADILLO, City Attorney
ANTor
By
KVillaraigosa,
D putt' ity Attorney
BY
or
Date 0
Homeland Security and
Public Safety, Mayor's Office
JAN .2 3 2009
Date
ATTEST:
KAREN E. KALFAYAN, City Clerk
By UV\ fy-,.,L
Deputy City Clerk
Date
c'-MOO
APPROVED AS TO FORM:
For: City of Vernon,
a municipal corporation
By
BY
(eonls C. Mal urn g, Major
CpAttOdj, Jeff A. Harrison
Date
Date %��.2,9 Le $
ATTEST -
By
11 City Clerk, Man el Giron
Date r X)
T
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number:
City Contract Number
Date of Approval
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City of Vernon
EXHIBIT A
INSURANCE
(Not applicable to this Agreement.)
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
EXHIBIT B
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants'
responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor
its principals are presently debarred, suspended, proposed for debarment, -
declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify
to any of the statements in this certification, such prospective participant shall
attach an explanation to this proposal.
AGREEMENT NUMBER
City of Vernon
CONTRACTO
Eric Fresch, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
C --/� / / --or.
SIGNATUI; DATE
TE T:
ELA GIRON, ity lerk
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is; later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this agreement is entered, if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous, when submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction, debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may relay upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the List of Parties Excluded from Procurement or Non
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment.
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less that $10,000 and not more than $100,000 for
each such failure.
AGREEMENT NUMBER
City of Vernon
CONTRACTOR)BC)I ROWEoinpiry
Eric Fresch, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Z- ----0
- �Z�
�
JES
ATU E DATE
T:
LA GIRON, Clerk
EXHIBIT D
CERTIFICATION REGARDING DRUG FREE WORKPLACE
EXHIBIT D
CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
The Contractor certifies that it will provide a drug -free workplace, in accordance with State law and State
Employment Development Department (EDD) Directive No. D9707 by:
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 of such
prohibition.
2. Establishing a drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor's policy of maintaining a drug -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 a drug -free workplace through implementation
of the provision of this certification.
AGREEMENT NUMBER
City of Vernon
Eric Fresch, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
a ;4��/ �& P,
SIGNATURE DATE
ATTEST:
AANI ELA GIRON, i . Clerk
EXHIBIT E
GRANT ASSURANCES
Office of Homeland Security
Grant Assurances
(All Applicants)
Name of Applicant: Los Angeles/Long Beach UASI
Address: 200 N. Spring Street, Room 303
City: Los Angeles State: CA Zip Code: 90012
Telephone Number: (213) 978-0706
Fax Number: (213)978-0718
E-Mail Address: laura.shina_lacity.org
As the duly authorized representative of the applicant, I certify that the applicant named
above:
1. Has the legal authority to apply for federal assistance, and has the institutional,
managerial and financial capability to ensure proper planning, management and
completion of the grant provided by the federal Department of Homeland Security
and sub -granted through the State of Califomia.
2. Will assure that grant funds are only used for allowable, fair, and reasonable
costs
3. Will give the federal government, the General Accounting Office, the
Comptroller General of the United States, the State of California, through any
authorized representative, access to and the right to examine all paper or
electronic records, books, papers, or documents related to the award; and will
establish a proper accounting system in accordance with generally accepted
accounting standards or awarding agency directives.
4. Will provide progress reports and such other information as may be required by
the awarding agency.
5. Will initiate and complete the work within the applicable time frame after
receipt of approval of the awarding agency.
6. Will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain for themselves or others, particularly those
with whom they have family, business or other ties.
7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention
Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in
construction or rehabilitation of residence structures. Will comply with all federal
statues relating to nondiscrimination. These include but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended,
which prohibits discrimination on the basis of race, color or national
origin;
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
§§ 1681-1683 and 1685-1696), which prohibits discrimination on the basis
of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794) which prohibits discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-
6107) which prohibits discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as
amended, relating to nondiscrimination on the basis of drug abuse;
f.. The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of
housing;
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G;
j. Title 28, CFR, Part 35;
k. Any other nondiscrimination provisions in the specific statute(s) under
which application for federal assistance is being made, and
1. The requirements on any other nondiscrimination statute(s) which may
apply to the application.
S. Will comply, or has already complied, with the requirements of Titles II and III
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. § 4601 et seq. (P.L. 91-646) which provides for fair and
equitable treatment of persons displaced or whose property is acquired as a result
of federal or federally assisted programs. These requirements apply to all
interested in real property acquired for project purposes regardless of federal
participation in purchases.
9. Will comply, if applicable, with the flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which
requires recipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
10. Will comply with environmental standards which may be prescribed pursuant
to the following:
a. institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order
(EO) 11514;
b. notification of violating facilities pursuant to EO 11738;
c. protection of wetlands pursuant to EO 11990;
d. evaluation of flood hazards in floodplains in accordance with EO
11989;
e. assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972 (16
U.S.C. §§ 1451 et seq.);
f. conformity of federal actions to State (Clean Air) Implementation Plans
under Section FY06 Homeland Security Grant Program Page 45 176(c) of
the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
g. protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended, (P.L. 93-523); and
h. protection of endangered species under the Endangered Species Act of
1973, as amended, (P.L. 93-205).
i. California Environmental Quality Act (CEQA). California Public
Resources Code Sections 21080-21098. California Code of Regulations,
Title 14, Chapter 3 Section 15000-15007.
11.. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271
et.seq.) related to protecting components or potential components of the national
wild and scenic rivers system.
12. Will assist the awarding agency in assuring compliance with Section 106 of
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO
11593 (identification and preservation of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq).
13. Will comply with Standardized Emergency Management System (SEMS)
requirements as stated in the California Emergency Services Act, Government
Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19,
Sections 2445, 2446, 2447 and 2448.
14. Has requested through the State of California, federal financial assistance to
be used to perform eligible work approved in the applicant's application for
federal assistance. Will, after the receipt of federal financial assistance, through
the State of California, agree to the following:
a. Promptly return to the State of California all the funds received which
exceed the approved, actual expenditures as accepted by the federal or
state government.
b. b. In the event the approved amount of the grant is reduced, the
reimbursement applicable to the amount of the reduction will be promptly
refunded to the State of California.
c. Separately account for interest earned on grant funds, and will return all
interest earned, in excess of $100 per federal fiscal year.
15. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C.
Sections 4728-4763) relating to prescribed standards for merit systems for
programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of Personnel Administration
(5 C.F.R. 900, Subpart F). -
16. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508
and 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part.with federal funds.
17. Will comply with P.L. 93-348 regarding the protection of human subjects
involved in research, development, and related activities supported by this award
of assistance.
18. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966
(P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling,
and treatment of warm blooded animals held for research, teaching, or other
activities supported by this award of assistance. FY06 Homeland Security Grant
Program Page 46
19. Will comply with the minimum wage and maximum hour provisions of the
Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of
institutions of higher education, hospitals, and other non-profit organizations.
20. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40
U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18
U.S.C. Sections 874),. and the Contract Work Hours and Safety Standards Act (40
U.S.C. Sections 327-333), regarding labor standards for federally assisted
construction sub -agreements.
21. Will not make any award or permit any award (subgrant or contract) to any
party which is debarred or suspended or is otherwise excluded from or ineligible
for participation in Federal assistance programs under Executive Order 12549 and
12689, "Debarment and Suspension."
22. Agrees that:
a. No federal appropriated Rinds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a'Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with the making of any federal grant, the entering
into of any cooperative agreement, and the extension, continuation.,
renewal, amendment, or modification of any federal grant or cooperative
agreement;
b. If any other funds than federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
an employee of Congress, or employee of a Member of Congress in
connection with the federal grant or
cooperative agreement, the undersigned shall complete and submit
Standard Form LLL, "Disclosure of Lobbying Activities," in accordance
with its instructions;
c. The undersigned shall require that the language of this certification be
included in the award documents for all sub awards at all tiers including
subgrants, contracts under grants and cooperative agreements, and
subcontract(s) and that all sub recipients shall certify and disclose
accordingly.
d. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352 Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such
failure.
23. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant.
b. Is consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that Strategy.
c. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner consistent
with the California Law Enforcement Mutual Aid Plan or the California
Fire Services and Rescue Mutual Aid Plan.
24. Agrees that funds awarded under this grant will be used to supplement
existing funds for program activities, and will not supplant (replace) non-federal
funds.
25. Will comply with all applicable Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars A-21, A-87, A102, A-110,
A-122, and A-133, E.O. 12372 and Uniform Administrative Requirements for
Grants and Cooperative Agreements contained in Title 28, Code of Federal
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by governmental entity (Federal,, State, or local) with
commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and (d) Have not within a three-year period preceding this
application had one or more public transactions (Federal, State, or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this
certification, he or she shall attach an explanation to this application.
37. As required by the Drug -Free Workplace Act of 1988, and implemented at 28
CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections
67.615 and 67.620
A. The applicant certifies that it will or will continue to provide a drug -free
workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform
employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days after
receiving notice under subparagraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs,
ATTN: Control Desk,
633 Indiana Avenue, N.W., Washington, D.C. 20531.
Notice shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted
(1) Taking appropriate personnel action against such an employee,
up to and including termination, consistent with the requirements
of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free
workplace through implementation of paragraphs (a), (b), (c), (d), (e),
and (f).
As the duly authorized representative of the applicant, I hereby certify that the applicant
will comply with the above certifications.
The undersigned represents that he/she is authorized by the above named applicant to
enter into this agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent: Laura Shin
Title: Grant Director Date: August 29, 2007
Appendix A - Authorized Program Expenditures
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Regulations, Part 66 or 70, that govern the application, acceptance and use of
Federal Hands for this federally -assisted project.
26. Will comply, and assure the compliance of all its subgrantees and contractors,
with the nondiscrimination requirements of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provision of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7100.1, and all other applicable Federal laws,
orders, circulars, or regulations.
27. Will comply with provisions of 28 CFR applicable to grants and cooperative
agreements, Including:
a. Part 18, Administrative Review Procedures;
b. ,Part 20,'Criminal JusticeInformation Systems;
c. Part 22, Confidentiality of Identifiable Research and Statistical
Information;
d. Part 23, Criminal Intelligence Systems Operating Policies;
e. Part 30, Intergovernmental Review of Department of Justice Programs
and Activities;
f Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government Services;
g. Part 38, Equal Treatment of Faith -based Organizations;
h. Part 63, FloodplainManagement and Wetland Protection Procedures;
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies
and Procedures;
-
j. Part 61, Procedures for Implementing the National Environmental
Policy Act;
k. Part 64, Floodplain Management and Wetland Protection Procedures;
and Federal laws or regulations applicable to Federal Assistance
Programs.
1. Part 66, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.
m. Part 67, Government -Wide Debarment and Suspension (Non -
Procurement)
n. Part 69, New Restrictions on Lobbying
o. Part 70, Uniform Administrative Requirements for.Grants and
Cooperative Agreements (including sub -awards) with Institutions of
Higher Learning, Hospitals and other Non -Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace
(grants)
28. Will ensure that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of this project are not listed in the
Environmental Protection Agency's (EPA) list of Violating Facilities and that it
will notify the Federal Grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be
used in the project is under consideration for listing by the EPA.
29. Will comply with Subtitle A, Title II of the Americans with Disabilities Act
(ADA) 1990.
30. Will, in the event a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the
grounds or race, color, religion, national origin, sex, or disability against a
recipient of funds, the recipient will forward a copy of the finding to the Office of
Civil Rights, Office of Justice Programs.
31. Will provide an Equal Employment Opportunity Plan, if applicable, to the
Department of Justice Office of Civil Rights within 60 days of grant award.
32. Will comply with the financial and administrative requirements set forth in the
current edition of the Office. of Justice Programs (OJP) Financial Guide.
33. Will comply, if applicable, with the provision of the Coastal Barrier
Resources Act (P.L. 97-348) dated October 19, 1992 (16 USC 3501 et seq.) which
prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
34. Will comply with all applicable requirements of all other federal laws,
executive orders, regulations, program and administrative requirements, policies
and any other requirements governing this program.
35. Understands that failure to comply with any of the above assurances may
result in suspension, termination or reduction of grant funds.
36. As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, sentenced to a denial of Federal benefits by a State or
Federal court, or voluntarily excluded from covered transactions by any
Federal department or agency;
(b) Have not within a three-year period preceding this application been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or
State antitrust statutes or commission of embezzlement, theft, forgery,
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AUTHORIZED TRAINING
E: = OF! HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
EA -- Training
States, Territories, and Urban Areas are encouraged to use HSGP funds to develop a
State/Territory homeland security training program. Allowable training -related costs
under HSGP include the establishment, support, conduct, and attendance of training
specifically identified under the SHSP, UASI, LETPP, MMRS, and CCP grant programs.
Allowable training topics include, but are not limited to, CBRNE terrorism and
catastrophic events, cyber/agriculture/food security, intelligence gathering and analysis,
citizen and community preparedness, and training for volunteers.
Training conducted using HSGP funds should address a performance gap identified
through an After Action Report/improvement Plan (AAR/IP) or contribute to building a
capability that will be evaluated through an exercise. Exercises should be used to
provide the opportunity to demonstrate and validate skills learned in training, as well as
to identify training gaps. Any training or training gaps should be identified in the AAR/lP
and addressed in the State or Urban Area training cycle. All training and exercises
conducted with HSGP funds should support the development and testing of the
jurisdiction's Emergency Operations Plan (EOP) or specific annexes.
Definitions
G&T facilitates a number of different training sources:
G&T Provided Training: These courses or programs are developed for and/or
delivered by institutions and organizations funded directly by G&T. This includes
the Center for Domestic Preparedness (CDP), the National Domestic
Preparedness Consortium (NDPC), the Rural Domestic Preparedness
Consortium (RDPC) and.G&T Training Partners funded through the Continuing
and Demonstration Training grant programs.
Training Not Provided by G&T: These courses are either State sponsored or
Federal sponsored, coordinated and approved by the SAA or their. designated
Training Point of Contact (TPOC), and fall within the G&T mission scope to
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prepare State and local personnel to prevent, protect against, respond to, and
recover from acts of terrorism or catastrophic events.
• State Sponsored Courses: These courses are developed for and/or delivered
by institutions or organizations other than Federal entities or G&T and are
sponsored by the SAA or their designated TPOG.
• Approved State Sponsored Course Catalog: This catalog lists State/Territory
sponsored courses that fall within the G&T mission scope and have been
approved through the G&T course review and approval process. An updated
version of this catalog can be accessed at
http://www.firstrespondertraining.govlodp webforms.
• Federal Sponsored Courses: This catalog lists courses developed for and/or
delivered by institutions funded by Federal entities other than G&T.
• ApprovedFederal Sponsored Course Catalog: This catalog lists Federal -
sponsored courses that fall within the G&T mission scope, and have been
approved through the G&T course review and approval process. An updated
version of this catalog can be accessed at
http://www.firstrespondertraining.gov/odp webforms.
Training Information Reporting System ("Web -Forms")
Web -Forms is an electronic form/data management system built to assist the SAA and
its designated State/Territory TPOC with the reporting of State and Federal sponsored
training information. Web -Forms can be accessed through the G&T Toolkit located at
www firstrespond ertraininq.qov/admin.
G&T Provided Training
The Office of Grants and Training funds the direct delivery of a variety of classes that
States can request to meet training needs. These classes are listed in the G&T
approved course catalog listed at http://www.firstrespondertraining.gov/o,dp webforms.
Each G&T Training Partner should contact the SAA or designated TPOC for locations
within the State that are appropriate for the training. Most of the courses are targeted to
meet a particular need or population. When the direct delivery funds are exhausted, the
Training Partner can continue to offer the classes to the States through one of two
methods —the Cooperative Training Outreach Program (CO-OP) or the Excess Delivery
Acquisition Program (EDAP).
The G&T CO-OP has been reworked and renamed as the Voluntary Training
Enhancement Program (VTEP). VTEP is a voluntary program designed to increase
flexibility for States and Territories while enhancing G&T's training delivery capability
and complementing the current training partner pool. Funding from previous fiscal
years may be used to support a State, Territory, or Urban Area's implementation of this
program.
Through VTEP, the SAA will have the authority to adopt various G&T provided
programs for delivery by institutions within their State and local jurisdictions, and
designate institutions as recognized providers for the identified standardized curriculum.
VTEP will provide a training infrastructure for implementation that addresses the
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challenges experienced by State, local, and Tribal jurisdictions to develop courses for a
new audience and bring popular courses to more jurisdictions,in the State. G&T
recognizes existing capabilities of State/local fire and police academies, universities and
community colleges, and other certified or approved institutions to deliver identified G&T
provided training programs. G&T will provide additional information in an upcoming
information bulletin.
EDAP allows a G&T Training Partner to charge for a course delivery when the Federal
grant that developed the program is completed or more deliveries of a requested class
are needed than the grant funds can accommodate. This cost per class is approved by
G&T so that States pay for the cost of instruction only, not the curriculum development
costs that were paid by G&T training grant funds. HSGP funds can be used to pay for
the delivery of these classes within a State at the request of the SAA/TPOC.
Attending Training Not Provided by G&T (State or Federal Sponsored Courses)
States, Territories, and Urban Areas are not required to request approval from G&T for
personnel to attend training not provided by G&T (State or Federal -sponsored courses)
provided that the training is coordinated .with and approved by the SAA or TPOC and
falls within the G&T mission scope and the jurisdiction's EOP and Strategy of preparing
State and local personnel or citizens to prevent, protect against, respond to, and
recover from acts of terrorism or catastrophic events.
States, Territories, and Urban Areas are required, within 30 days after attendance, to
submit information through the SAA or TPOC via Web -Forms on all training not
provided by G&T, but supported with HSGP funds. This information will consist of
course title, course description, mission area, level of training, the training provider, the
date of the course, the number and associated disciplines of the individuals, and the
sponsoring jurisdiction. Access to Web -Forms will be accomplished through the G&T
toolkit located at www.firstrespondertraining.gov/admin. States, Territories, and Urban
Areas intending to use G&T funds to support attendance at training not provided by
G&T must ensure these courses:
• Fall within the G&T mission scope to prepare State and local personnel to
prevent, protect against, respond to, and recover from acts of terrorism and
catastrophic events
• Build additional capabilities that a) support a specific training need identified by
the State, Territory, and Urban Area, and b) comport with the State, Territory, or
Urban Area Homeland Security Strategy
Address specific tasks and/or competencies articulated in G&T's Emergency
Responder Guidelines and the Homeland Security Guidelines for Prevention and
Deterrence
• Address specific capabilities and related tasks articulated in the September 2006
version of the TCL, available through LLIS
• Support the specific program training activities identified in the individual HSGP
grant programs (SHSP, UASI, LETPP, MMRS, CCP) for which the funding will be
used
29
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Comport with all applicable Federal, State, and local regulations, certifications,
guidelines, and policies deemed appropriate for the type and level of training
In support of the continuing efforts to build common catalogs of approved training not
provided by G&T, the SAA/TPOC will be allowed three deliveries of the same course
within a State/Territory before the course is. required to go through the G&T State
course review and approval process. Additional course deliveries will be authorized
during the review period. However, if the course is disapproved as part of the process,
no additional G&T funds can be dedicated to attending the course.
Stafe and Federal -Sponsored Course Catalogs
Courses approved by G&T will be added to either the approved State Sponsored
Course Catalog or the Federal Sponsored Course Catalog. Courses identified within
these catalogs may be attended on an unlimited basis within any State/Territory as long
as the training is coordinated and approved by the SAA/TPOC. A full description of the
G&T Course Development, Review, and Approval Process, as well as the approved
course catalogs, can be found at http�//www.firstrespondertraining.gov/odp webforms.
G&T will respond to the initial request for review within 15 days with one of the following
outcomes:
• Course concept is- approved as consistent with the State plan and the State
should submit the full course package for subject matter expert review and
comment.
Course concept is disapproved as inconsistent with State plan, G&T guidance, or
is exactly the same as another course in the catalog (no need for another
approval, refer to the curriculum already developed and approved).
At any time, the SAA/TPOC (for State-§ponsored courses) or the Federal Agency POC
(for Federal sponsored courses) may request the addition of a course to the
corresponding approved catalog by submitting the associated Web -Form (i.e., Request
for Addition to the Approved State -Sponsored Catalog) for review. If a class on the
same subject is already in the catalog, the submitting State should provide
documentation as to why the course is unique, after contacting the owner(s) of the other
courses to review the curriculum. This step is required to avoid unnecessary duplication
of similar courses in the catalog, allow States to share course development costs,
permit all States to have access to new or unique courses developed by other
providers, and allow States to direct their training dollars to delivery rather than
development. If it is determined that the proposed course meets the above listed
criteria, the providing entity (SAAITPOC or Federal Agency POC) will be invited to
submit the Course Review and Approval Request Form along with all supporting
training materials.
For further information on developing courses using the instructional design
methodology and tools that can facilitate the process, SAAs and TPOCs are
encouraged to review the G&T Strategy for Blended Learning and access the
Responder Training Development Center available at
r.:wwv.firstrespondertraining.gov/admin.
L ., ..T. OFSECURITY I HOMELAND SECURITY GRANT PROGRAM
G&T funds must be used to supplement, not supplant, existing funds that have been
appropriated for the same purpose. G&T will conduct periodic reviews of all State,
Territory, and Urban Area training funded by G&T. These reviews may include requests
for all course materials and physical observation of, or participation in, the funded
training. If these reviews determine that courses are outside the scope of this guidance,
grantees will be asked to repay grant funds expended in support of those efforts.
States and Territories are required to conduct an annual Training and Exercise Plan
Workshop to identify key priorities and major events over a multi -year time frame and to
align training and exercises in support of those priorities. A Multi -year Training and
Exercise Plan will be produced from the Training and Exercise Plan Workshop to
include the State's training and exercise priorities, associated training and exercise
capabilities, and a multi -year training and exercise schedule Further guidance
concerning the Multi -year Training and Exercise Plan can be found in the Exercises
discussion in section E.5.
Allowable Training Costs
Allowable training -related costs include, but are not limited to, the following:
Funds used to develop, deliver, and evaluate training, including costs related
to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment.
Overtime and Backfill costs associated with attending or teaching G&T-
sponsored and/or approved training -courses and programs are allowed. These
costs are allowed only'to the extent the payment for such services is in
accordance with the policies of the state or unit(s) of local government and has
the approval of the state or the awarding agency, whichever is applicable. In no
case is dual compensation allowable. That is, an employee of a unit of
government may not receive compensation from both their unit or agency of
government AND from an award for a single period of time (e.g., 1:00 pm to 5:00
pm), even though such work may benefit both activities. Further, overtime costs
associated with employees who participate in training in a teaching role for which
they are compensated are not allowed. Fringe benefits on overtime hours are
limited to Federal Insurance Contributions Act (FICA), Workers' Compensation
and Unemployment Compensation.
Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses
by employees who are on travel status for official business related to approved
training.
Hiring of Full or Part -Time Staff or Contractors/Consultants to support
training -related activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s) of local government and have
the approval of the State or awarding agency, whichever is applicable. Such
costs must be included within the funding allowed for program management
personnel expenses, which must not exceed 15% of the total allocation as
specified in section E.6. In no case is dual compensation allowable (see above).
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Certification/Recertification of Instructors is an allowable cost. States are
encouraged to follow the G&T Instructor Quality Assurance Program to ensure a
minimum level of competency and corresponding levels of evaluation of student
learning. This is particularly important for those courses that involve training of
trainers. This information is contained in an information bulletin issued in
October 2006.
Reimbursement for tuition for enrollment in higher education programs that
incorporate existing Master's Degree curricula in homeland security that are
aligned with Department programs and priorities is an allowable cost, provided
that:
a. No more than $10,000 per person during the 36-month period of
performance may be directed to allowable higher education tuition costs at
an accredited college or university.
b. Individuals are responsible for a 1/3 tuition expense matching requirement
c. Individuals cannot qualify for tuition reimbursement from overlapping
periods of performance across different HSGP program years
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d. Individuals must successf0y complete coursework at a passing level of
achievement such that they can demonstrate credits earned toward a
Master's Degree at an accredited college or university
e. Individuals participating in allowable higher education activities must
LU
commit to two years of additional service to their assigned State or local
M
agency upon completion of education activities. Failure to complete two
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years of service post -completion will result in the grantee repaying all
awarded amounts back to the Federal government.
2
CA - Training
FY 2007 UASI funds may be used to enhance the capabilities of State and local
government and non -governmental emergency preparedness and response personnel
through development of a State homeland security training program. Allowable training -
related costs include:
Establishment of; support for, conduct of, and attendance at preparedness
training programs within existing training academies/institutions, universities, or
junior colleges. Preparedness training programs are defined as those programs
related to prevention, protection, response, and or recovery from natural,
technical, or manmadecatastrophic incidents, supporting one or more Target
Capabilities in alignment with National. Priorities as stated in the Goal. Examples
of such programs include but are not limited to: CBRNE terrorism; critical
infrastructure protection; information and intelligence sharing; cyber security; and
citizen preparedness through Citizen Corps Councils.
Overtime and backfill costs associated with attendance at G&T-sponsored and
approved training courses. UASI funding may also be used for training citizens
in awareness, prevention, protection, response, and recovery skills coordinated
through Citizen Corps Councils.
EXHIBIT
TRAINING ROSTER
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AUTHORIZED EXERCISES
E,5 -- Exercises ..
Exercises conducted with G&T support (grant funds or direct support) must be managed
and executed in accordance with the Homeland Security Exercise and Evaluation
Program (HSEEP). HSEEP Volumes kIII contains guidance for exercise design,
development, conduct, evaluation and improvement planning. HSEEP Volume IV
provides sample exercise materials. All four volumes can be found on the HSEEP
website at http://hseep.dhs.gov.
MIMS Compliance
Exercises conducted using HSGP funding must be NIMS compliant, as defined by the
2007 NIMS compliance matrices. More information is available online at the NIMS.
Integration Center, http://www.fema.gov/emergency/nims/index.shtm.
Training and Exercise Plan Workshop
States and Urban Areas are required to conduct an annual Training and Exercise Plan
Workshop (T&EPW). A Multi -year Training and Exercise Plan must be produced from
the T&EPW and submitted to the State's respective Exercise Manager and
Preparedness Officer. This plan must be updated annually.
The Training and Exercise Plan will include the State's training and exercise priorities
(based on the homeland security strategy and previous year improvement plans),
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OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
associated capabilities, and a multi -year training and exercise schedule (to be updated
annually and resubmitted to G&T within 60 days of the Workshop). The schedule
should reflect all exercises that are being conducted throughout the State, including
Urban Areas, and not just those that are sponsored by G&T. All scheduled exercises
must be entered through the National Exercise Schedule (NEXS) Application, which is
located on the HSEEP website. A template of the Multi -year Training and Exercise Plan
can be found in HSEEP Volume IV.
The Multi -year Training and Exercise Plan should employ a cycle of activity that
includes training and exercises of increasing levels of complexity. The training cycle will
follow a building block approach that identifies, for each State priority, the related
capability(ies), and the focus of the training necessary to address the associated
capabilities. States must complete a cycle of exercise activity (one discussion -based
and one operations -based exercise) during the period of this grant. States and Urban
Areas are encouraged to use exercises as an opportunity to meet the requirements of
multiple exercise programs. To this end, grantees are encouraged to invite
representatives/planners involved with other Federally -mandated (e.g., HHS, Chemical
Stockpile Emergency Preparedness Program, Radiological Emergency Preparedness,
Federal Aviation Administration) or private (e.g., Joint Commission on Accreditation of
Healthcare Organizations) exercise activities. States and Urban Areas are encouraged
to share, at a minimum, the multi -year training and exercise schedule with those
departments, agencies, and organizations included in the plan.
Further guidance concerning Training and Exercise Plan Workshops can be found in
the HSEEP Volumes.
Exercise Scenarios
The scenarios used in HSGP-funded exercises must be based on the State's/Urban
Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI,
MMRS, and CCP exercises include: chemical, biological, radiological, nuclear,
explosive, cyber, agricultural and natural or technological disasters. LETPP exercise
scenarios must be terrorism -based. If conducting a natural or technological disaster
exercise, the scenario must be catastrophic in scope and size, as defined by the
National Response Plan.
The scenarios used in HSGP-funded exercises must focus on validating existing
capabilities and must be large enough in scope and size to exercise multiple tasks and
warrant involvement from multiple jurisdictions and disciplines and non -governmental
organizations. Exercise scenarios should also be based on the Multi -year Training and
Exercise Plan.
Models, Simulations and Games (MS&G)
Grantees who wish to expend funds on models, simulations, or games (MS&G) must
consult with "Review of Models, Simulations, and Games for Domestic Preparedness
Training and Exercising, Volume III," which provides an overview and analysis of
existing models, simulations, and games. Grantees can also consult with the MS&G
I %1-.iAE i OF HO.-NIELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
Decision Support System, which automates the aforementioned report into a searchable
database. Both the report and system are available through the HSEEP website.
Special Event Planning
If a State or Urban Area will be hosting an upcoming special event (e.g., Super Bowl, G-
8 Summit); they anticipate participating in the United States Coast Guard Spill of
National Significance (SONS) exercise; or they anticipate that they will apply to be a
venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or
UASI funding to finance training and exercise activities in preparation for that event.
States and Urhan Areas should also consider exercises at major venues (e.g., arenas,
convention centers) that focus on evacuations, communications, and command and
control. States should also anticipate participating in at least one Regional Exercise
annually. States must include all confirmed or planned special events in the Multi -year
Training and Exercise Plan.
Exercise Evaluation
All exercises will be performance -based and evaluated. An After -Action
Report/Improvement Plan (AAR/IP) will be prepared and submitted to G&T following
every exercise, regardless of type or scope. AAR/IPs must conform to the HSEEP
format, should capture objective data pertaining to exercise conduct, and must be
developed based on information gathered through Exercise Evaluation Guides (EEGs)
found in HSEEP Volume IV. The EEGs and AAR/IPs are currently being updated to
reflect the TCL. In the interim of these revisions, the current HSEEP EEGs and AAR/IP
template should be utilized. All applicants are encouraged to use the Lessons Learned
Information Sharing System (LLIS.gov) as_a source for lessons learned and to
exchange best practices.
AAR/IPs must be provided to G&T within 60 days following completion of each exercise
(see HSEEP Volume IV for sample AARAPtemplate). Currently, these AAR/lPs can be
submitted through the G&T Secure Portal under each State's respective library folder.
In order to leverage assessments to ensure the gathering of objective exercise -based
data, States are encouraged to form Cadres of Evaluators. These Cadres should be
comprised of peers in the areas being evaluated, and should be available to evaluate.
exercises occurring throughout the State.
Self -Sustaining Exercise Programs
States are expected to develop a self-sustaining exercise program. A self-sustaining
exercise program is one that is successfully able to implement, maintain, and oversee
the Multi -year Training and Exercise Plan, including the development and delivery of
HSGP-funded exercises. The program must utilize a multi -disciplinary approach to the
development and delivery of exercises, and build upon existing plans, training, and
equipment. Components of a self-sustaining exercise program may include, but are not
limited to: hiring dedicated exercise program staff; conducting awareness seminars on
HSEEP; attending exercise training courses; or maintaining a system to track the
completion and submission of AAR/IPs from exercises (including costs associated with
meeting with local units of government to define procedures).
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H rOELA-ID SECURITY I HOMELANDS ECURITY GRANT PROGRAM
Role of Nan -Governmental Entities in Exercises
Non -governmental participation in all levels of exercises is strongly encouraged.
Leaders from non -governmental entities should be included in the planning, conduct,
and evaluation of an exercise. State and local jurisdictions are encouraged to develop
exercises that test the integration and use of non -governmental resources provided by
non -governmental entities, defined as the private sector and private non-profit, faith -
based, community, volunteer and other non -governmental organizations. Non-
governmental participation in exercises should be coordinated with the local Citizen
Corps Council(s).
Allowable Exercise Costs
Allowable exercise -related costs include:
Funds Used to Design, Develop, Conduct and Evaluate an Exercise —
Includes costs related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel, and documentation.
Self -Sustaining Exercise and Evaluation Program: Includes costs related to
developing and maintaining a self-sustaining State Homeland Security Exercise
and Evaluation Program modeled on the national HSEEP, includingHSEEP
awareness seminars, exercise training courses, and AAR/IP tracking.
Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-
time staff may be hired to support exercise -related activities. Payment of salaries
and fringe benefits must be in accordance with the policies of the State or unit(s)
of local government and have the approval of the State or the awarding agency,
whichever is applicable. Such costs must be included within the funding allowed
for program management personnel expenses, which must not exceed 15% of
the total allocation as specified in section E.6. The services of
contractors/consultants may also be procured to support the design,
development, conduct, and evaluation of exercises. The applicant's formal
written procurement policy or the Federal Acquisition Regulations (FAR) —
whichever is more stringent — must be followed. In no case' is dual compensation
allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a
single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may
benefit both activities.
Overtime and Backfill — Overtime and backfill costs associated with the design,
development, and conduct of exercises are allowable expenses. Payment of
overtime expenses will be for work performed by award (SAA) or sub -award
employees in excess of the established work week (usually 40 hours) related to
the planning and conduct of the exercise project(s). These costs are allowed only
to the extent the payment for such services is in accordance with the policies of
the state or unit(s) of local government and has the approval of the state or the
awarding agency, whichever is applicable. In no case is dual compensation
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allowable (see above). Fringe benefits on overtime hours are limited to FICA,
Workers' Compensation and Unemployment Compensation.
Travel — Travel costs (e.g., airfare; mileage, per diem, hotel) are allowable as
expenses by employees who are on travel status for official business related to
the planning and conduct of the exercise project(s).
Supplies - Supplies are items that are expended or consumed during the course
of the planning and conduct of the exercise project(s) (e.g., copying paper,
gloves, tape, non -sterile masks, and disposable protective equipment).
Other Items — These costs include the rental of space/locations for exercise
planning and conduct, rental of equipment (e.g., portable toilets, tents), food,
refreshments, gasoline, exercise signs, badges, etc.
Unauthorized Exercise Costs
Unauthorized exercise -related costs include:
Reimbursement for the maintenance and/or wear and tear costs of general use
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vehicles (e.g., construction vehicles) and emergency response apparatus (e.g.,
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fire trucks, ambulances). The only vehicle cost that is reimbursable is
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fuel/gasoline and mileage
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Equipment that is purchased for permanent installation and/or use, beyond the
scope of exercise conduct-(e.g, electronic messaging signs)
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C.5 -- Exercises
All Urban Areas are required to develop ai Multi -year Training and Exercise Plan and
submit it to G&T on an annual basis. While Urban Area specific, this plan must fie into
the Multi -year Training and Exercise Plan developed by the State, and be in line with
the Urban Area Homeland Security Strategy. Further, Urban Areas are encouraged to
develop a Multi -year Plan and Schedule that takes into consideration anticipated
training needs of the Urban Area for at least the immediate year, with exercises being
timed to provide responders the opportunity to utilize training received. This combined
schedule should also ensure that training and exercises complement each other. An
example of a combined Multi -year Training and Exercise Plan can be found at the
HSEEP Website or G&T Secure Portal. Further guidance concerning Training and
Exercise Plan Workshops can be found in the HSEEP Volumes. Urban Areas should
also consider inclusion of law enforcement personnel in exercise and planning activities
focused on mass prophylaxis capabilities.
Urban Areas are eligible to apply for exercise direct support, but must do so in
coordination with the SAA. Direct support exercises provided to Urban Areas will count
against the amount of direct support allotted to the State for FY 2007.
51
EXHIBIT K
EXERCISE ROSTER
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E. Allowable Costs Guidance
The following pages outline global allowable costs guidance applicable to all programs
included in the HSGP. A crosswalk of allowable costs across grant programs can be
found in Appendix A.
E.1 -- Planning
Planning activities are central to SHSP, UASI, LETPP, MMRS, and CCP. States and
Urban Areas may use FY 2007 HSGP funds for planning efforts that enable States and
Urban Areas to prioritize needs, build capabilities, update preparedness strategies,
allocate resources, and deliver preparedness programs across disciplines (e.g., law
enforcement, fire, EMS, public health, behavioral health, public works, agriculture, and
information technology) and levels of government. Working through Citizen Corps
Councils, all jurisdictions are encouraged to include non -governmental entities and the
general public in planning and associated training and exercises.B Examples of
allowable planning costs are addressed in each program's individual section.
In support of efforts by State and local governments to improve their preparedness
programs, program evaluations are now allowable planning costs. In addition to
financial audits and program monitoring, program evaluations help managers track
progress and demonstrate performance by quantitatively measuring program results.
The evaluation process can provide objective evidence of program performance and its
effectiveness, demonstrating positive outcomes to funding sources and the community.
Programs may use evaluation findings to justify continued funding and to attract new
funding sources. A well -executed evaluation may point out areas in which the program
can improve its operations.
Additional information on the program evaluation process and its value is available
through the Center for Program Evaluation within the Bureau of Justice of Assistance at
the U.S. Department of Justice. Reference materials can be accessed at
htl,p:,Ifwww.oip.usdoi.gov/BJA/evaluation/index.htmi.
FY 2007 HSGP requires a comprehensive program evaluation of State and local
activities to be submitted to respective Governors between September 1 and October 1,
2007. States will work in consultation with their assigned G&T Preparedness Officer to
develop program evaluation reporting requirements that align with existing State
performance management guidelines and the State's planned use of FY 2007 HSGP
funds.
sure III II1 .I000 LIM N!,vaic sGciur ana private non-protit, tarth-based, community, volunteer and
other non -governmental organizations.
23
J �. _:DEPAR- fiaWr OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
C. Authorized Program Expenditures
This section provides guidance on the types of expenditures that are allowable under
UASI. Please refer to the checklist in Appendix A for a summary of authorized UASI
expenditures.
CA -- Planning
Urban Areas may use FY 2007 UASI funds for multi -discipline planning efforts to
prioritize needs, update preparedness strategies, allocate resources, and deliver
preparedness programs. These efforts include the.collection and analysis of
intelligence and information and the development of policies, plans, procedures, mutual
aid agreements, strategies, and other publications that comply with relevant laws,
regulations, and guidance necessary to perform assigned missions and tasks. It is
explicitly permissible to use planning funds to hire government and/or contractor
personnel to conduct planning activities described here.
Similar to SHSP, FY 2007 UASI funds may be used for a broad range of homeland
security planning activities. Additional details and examples are available at
http:lfwww.oip.usdoi.gov/odp/qrants hsgp htm.
50
p, i t F,4n'ELAND SECURITY 1 HOMELAND SECURITY GRANT PROGRAM
E. Allowable Costs Guidance
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E.2 -= Organization (UASI and.LETPP only)
States and Urban Areas may use FY 2007 UASI and LETPP funds to support select
organization activities. States and Urban Areas must justify proposed expenditures of
" Non -governmental entities include the private sector and private non-profit, faith -based, community, volunteer and
.other non -governmental organizations.
t-•. z_nT 0HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
Overtime costs are allowable for personnel to participate in information,
investigative, and intelligence sharing activities specifically related to
homeland security. This includes activities such as anti -terrorism task forces,
JTTFs, Area Maritime Security Committees (as required by the Maritime
Transportation Security Act of 2002), DHS Border Enforcement Security Task
Forces, and Integrated Border Enforcement Teams.
2. UASI and LETPP funds may be used to hire new staff and/or contractor
positions to serve as intelligence analysts to enable information/intelligence
sharing capabilities. In order to be hired as an intelligence analyst, staff
and/or contractor personnel must meet at least one of the following criteria:
• Successfully complete training to ensure baseline proficiency in intelligence
analysis and production within six months of being hired; and/or,
• Previously served as an intelligence analyst for a minimum of two years either in
a Federal intelligence agency, the military, or State and/or local law enforcement
intelligence unit.
Costs associated with hiring new intelligence analysts are allowable only for two
years, after which States and Urban Areas shall be responsible for supporting the
sustainment costs for those intelligence analysts.
The International Association of Law Enforcement Intelligence Analysts' (IALEIA)
Educational Standard # 7 (page 14 of the IALEIA Analytic Standards booklet)
provides standards on the categories of training needed for intelligence analysts.
A list of approved courses will be shared as soon as possible. A certificate of
completion of such training must be on file with the SAA and must be made
available to Preparedness Officers upon request.
EXHIBIT N
MODIFICATION REQUEST FORM
PAGE 1 OF 1
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRANT
MODIFICATION REQUEST FORM
PLEASE RETURN TO:
Grant Specialist:
Mayor's Office of Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: 213/978-0600
Fax: 213/978-0718
Please fill out this form with detail and accuracy. Forms will not be processed without correct
reference numbers and project numbers. Submission of this form is a request only and does not
guarantee approval. Reallocation of funds is not guaranteed and is at the discretion of the grant
administrator, the State, and Federal governments.
Grant: .
Fiscal Year:
Requesting Agency:
Prepared By:
Phone Number:
Amount of Reallocation:
From:
Reference & project # to be reallocated:
Project Name:
Discipline:
Solution Area:
Current funds in line item prior to reallocation:
Total funds in line item after reallocation:
To
Reference & project # to be reallocated to:
Project Name:
Discipline:
Solution Area:
Solution Area -Sub -Category (See Workbook):
Equipment AEL # and AEL Title:
QUANTITY of each equipment item:
COST of each equipment item:
Training ODP tracking #s:
Current funds in line item prior to reallocation:
Total funds in line item after reallocation:
Reason for Reallocation:
Requesting Agency Approval (signature or email confirmation required) Date
FOR LA CITY INTERNAL USE ONLY:
Approved By: Amount: Date:
EXHIBIT O
REIMBURSEMENT REQUEST FORM
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRANT
Reimbursement Request Form
Return Reimbursement Requests to:
Grant Specialist
Mayor's Office of Homeland Security and Public Safety
200 N. Spring St., Room #M175C
Los Angeles, CA 90012
Phone:
Fax: 213,978.0718
UASI FY06 ❑
UASI FY07 ❑
UASI Fyoa ❑
Core City: City of Los Angeles
Requesting Agency:
Reimbursement Period: to
Prepared By:
Phone No.:
Please mark this box to indicate final
request for reimbursement ❑
Authorized
Previous
Current
Cumulative
Line No./ Project No.
Balance
Total Amount
Request
Request
Request
- .fc
Total
This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance
with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim
is for cost incurred within the Grant Performance Period. Also, all supporting documentation related to
these expenditures will be retained in accordance with grant guidelines.
Authorized Department Approval: Please Remit Payment to:
Print Name Name
Title Address
Signature Date City
Phone No. (extension) Fax No.
Reference No.
State
E-mail Address
To be completed by HSPS Accounting Department
DHSIOES Reimbursement Request By: Transaction ID: Date:
DHS/DES Reimbursement Received: Cash Receipt No. JV No.
Transfer to Depart Date: JV No. Invoice No.
Zip
EXHIBIT P
MODIFICATION REQUEST SUBMISSION SCHEDULE
EXHIBIT P
MODIFICATION REQUEST SUBMISSION SCHEDULE
Modification requests must be submitted to the City no later than 30 days before the end of each fiscal
quarter, as follows:
Fiscal Quarter Ends: Requests Must Be Submitted By:
March 31 March 1
Tune 30 May 31
September 30 August 31
December 31 December 1
Submissions made after the deadline will be returned to the City of *** and will not be accepted until the following
submission period. The City will notify the City of *** in writing if reallocations requests are inaccurate and/or
incomplete. Inaccurate and/or incomplete reallocation requests shall be returned to the City of *** for revision and shall
be accepted by the City when reallocation requests are accurate and complete.
Final modification requests must be submitted to the City no later than December 31, 2009.
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EXHIBIT R
PRO FORMA IMPLEMENTATION PLAN
Los Angeles/Long Beach
Urban Area Security Initiative
Fiscal Year 2007 Grant Program
<Insert Project Name>
<Insert Project #>
Implementation Plan
<Insert Agency Name>
<Insert Date>
f
�T15tfudi0jiS 1 a --. ' S '1 - •�c r 4 y . ,
phis Implementation Plan is intended to help'FY07 Losngeles/L oiig BeachASI grantprolect
awardees efficiently ivanag $ierr allocationst is also meanto pr�idehe Cif of L` os Angeles
Mayorys C)ffice as admimstratox for the �YQ71 os �ngelesTl wool $each Uri grant; vth� F
vefication that"�Qant allocation`are beings appropriatelyse� aid in atamelyXriianner Fach Rl
section of this plan pro�ic es instrucft m for the type of information that should be included k
Please replace the 7nstfaichons Nghiigh &- m yellow) with prflJect specific ulformatiAM a
inforrmation not highhghted m yellow s7ould riot be altered For queshons£orsis'tance leasey'
.: i t ins C o
t ontact Kathryn Humphrey at khnmphrey@icfi pom or Ryan II�ggins a rliigi fi Boni T
expedrte,grant disiributron. please ensure that an Implementation 1?lan istcompleted for each
pro�c your orgamzatiop has been awarded urider the 07 IASI grant and received by Ryan
Higgins _rhiggins@icfi comYno iatei than;Cctoher S,00�all
t
1 f 1 t l
<Insert Lead Agency Name> <Insert Project Name>
FY07 UASI Implementation Plan
Declaration of Intent
The <Insert Lead Agency Name> fully understands the significance of the Fiscal Year 2007
Urban Area Security Initiative (UASI) grant it has been awarded for the <Insert Project Name>.
As a result, the <Insert Lead Agency Name> recognizes the importance of implementing these
funds for their intended purpose in an efficient and timely manner that meets all U.S. Department
of Homeland Security (DHS) requirements. The <Insert Lead Agency Name> has developed this
Implementation Plan to demonstrate its commitment to the Los Angeles/Long Beach Urban
Area. In recognizing the commitment to this Implementation Plan the <Insert Lead Agency
Director/Executive > shall notify the Mayor's Office within thirty days of anything herein is
changed. As the <Insert Title of Lead Agency Director/Executive> of the <Insert Lead Agency
Name>, I acknowledge this project as a priority in the organization and commit the <Insert Lead
Agency Name>, including all relevant resources within its control, to the effective
implementation of this grant as described in this Plan.
<Insert Signature of Lead Agency Director/Executive> <Insert Date>
<Insert Typed Name of Lead Agency Director/Executive>
<Insert Title of Lead Agency Director/Executive>
<Insert Lead Agency Name>
<Insert Project Name>
Implementation Plan
Project #
<Insert Proj ect Number>
Mayor's Line Item Reference #
<Insert Reference Number>
Project Description
<Insert a detailed description of the project>
Funds Allocated
<Insert dollar amount allocated for this project>
Agency Involvement
<Insert Project Name>
FY07 UASI Implementation Plan
Lead Agency: <If multiple agencies are responsible for the implementation of this project
(whether in the same jurisdiction or not), identify the one agency that will take primary
responsibility for coordinating and overseeing the implementation of this project. Only one
agency may serve as the lead agency.>
Participating_ Agencies: <Identify additional agencies (across jurisdictions if applicable) that have
direct involvement in the implementation of this project. List each appropriate agency.>
Points of Contact
Lead POC: <The prunary POC for the project must be from the Lead Agency. This person will
be the primary liaison to the City of Los Angeles Mayor's Office>
Agency:
Telephone:
Fax:
Email:
Address:
Alternate Lead POC: ( # - # - # )
Subject Matter Expert POC:
Agency:
Telephone:
Fax:
Email:
Address:
<Insert Lead Agency Name>
Participating Agency POC:
Agency:
Telephone: .
Fax:
Email:
Address:
Intended Use of Funds
<Insert Project Name>
FY07 UASI Implementation Plan
Equipment (Purchase): <Insert Total Amount and Agency Distribution, if appropriate>
Exercises
In House: <Insert Total Amount and Agency Distribution, if appropriate>
OvertimeBackfill: <Insert Total Amount and Agency Distribution, if appropriate>
Contracted: <Insert Total Amount and Agency Distribution, if appropriate>
Planning
In House: <Insert Total Amount and Agency Distribution, if appropriate>
Contracted: <Insert Total Amount and Agency Distribution, if appropriate>
Organization:
OvertimeBaclfill: <Insert Total Amount and Agency Distribution, if appropriate>
Staffing: <Insert Total Amount and Agency Distribution, if appropriate>
Contracted: <Insert Total Amount and Agency Distribution, if appropriate>
Training
In House: <Insert Total Amount and Agency Distribution, if appropriate>
OvertirmeBackfrll: <Insert Total Amount and Agency Distribution, if appropriate>
Contracted/Purchased: <Insert Total Amount and Agency Distribution, if appropriate>
Roles and Responsibilities
City of Los Angeles Mayor's Office
• Accepts the aggregate Los Angeles/Long Beach UASI grant allocation from the
California Governor's Office of Homeland Security. .
• Requests Los Angeles City Council approvals as required throughout the performance
period.
• Distributes grant allocations from the aggregate amount to the lead agencies for priority
projects as determined by the Los Angeles/Long Beach UASI Approval Authority.
• Supports lead and other involved agencies in avoiding or overcoming obstacles to grant
implementation.
2
<Insert Lead Agency Name> <Insert Project Name>
FY07 UASI Implementation Plan
• Makes available appropriate resources under its authority to support effective
implementation within lead and other involved agencies.
® Performs personal services _procurement and contracting. for Los Angeles City
Departments.
• Monitors the implementation of grant allocations by lead and other involved agencies.
• Reports quarterly on the status of FY07 UASI implementation to the California
Governor's Office of Homeland Security and the U.S. Department of Homeland 'Security
as appropriate.
• Demonstrates that the implementation of UASI funds is a priority of the Urban Area.
<Insert Lead Agency Name>
• ` Accepts the project -specific grant allocation from the City of Los Angeles Mayor's
Office.
• Notifies other agencies with direct involvement in the implementation of the funded
project about the award and their roles and responsibilities.
• Coordinates meetings with all directly involved agencies to facilitate the appropriate use
of funds.
• As determined in coordination with all involved agencies, distributes the grant allocation
to other agencies involved and/or executes expenditures on behalf of the involved
agencies.
• Ensures that allocations distributed to other involved agencies are used appropriately and
in a timely manner.
• Maintains a primary point of contact to oversee the project implementation activity and to
serve as a liaison to other involved agencies and the City of Los Angeles Mayor's Office.
• Reports to the City of Los Angeles Mayor's Office on the status of funding and project
implementation in accordance with reporting procedures described in the next section.
• Promptly reports to the City of Los Angeles Mayor's Office any issues that may
negatively impact the implementation schedule identified in this Plan, particularly those
involving coordination across agencies and/or jurisdictions.
• Measures and reports to the City of Los Angeles Mayor's Office the effectiveness of
activities that resulted from the project's implementation.
• Demonstrates that the implementation of UASI funds is a priority of the organization.
Other Involved Agencies
• Supports the Lead Agency in implementing the project and grant allocation.
• Identifies a primary point of contact to support and coordinate with the Lead Agency
point of contact on all project related issues.
• Accepts project -specific grant allocations from the Lead Agency, if applicable.
• Ensures that allocations are used appropriately and in a timely manner, if applicable.
• Reports to the Lead Agency on the status of funding and project implementation.
• Promptly reports to the Lead Agency any issues that may negatively impact the
implementation schedule identified in this Plan, particularly those involving coordination
across agencies and/or jurisdictions.
<Insert Lead Agency Name> <Insert Project Name>
FY07 UASI Implementation Plan
• Measures and reports to the Lead Agency the effectiveness of activities that resulted from
the allocation's implementation.
• Demonstrates that the implementation of UASI funds is a priority of the organization.
Reporting Procedure
As the lead agency for the <Insert Project Name and Number> under the FY07 UASI grant, the
<Insert Lead Agency Name> will report to the City of Los Angeles Mayor's Office, the
administrator for the Los Angeles/Long Beach UASI, on a regular basis and as requested. The
following reporting standards will be followed over the life of this project:
Report should be sent quarterIX to the City of Los Angeles Mayor's Office, designated Grants
Specialist, . A standard reporting
format will be developed and provided to you prior to the first report submission. The report will
attempt to include all information necessary to satisfy the City, UASI, CA OHS, and DHS
requirements. An example of the reporting requirements may include: obligated funds (amount
that has been dedicated to current orders), funds expended, amount that has been reimbursed,
equipment inventory listing, and status of activities in the Implementation Schedule.
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<Insert Lead Agency Name> <Insert Project Name>
FY07 UASI Implementation Plan
Averting Implementation Obstacles
If potential challenges/obstacles exist to the timely implementation of the grant awarded for this
project (i.e., affecting the Implementation Schedule laid out in the previous section), then you
may identify them in this section. However, identified challenges/obstacles are not to become
excuses for not effectively implementing the grant. Therefore, for each challenge identified an
associated strategy for averting the obstacle must be described.
This section may be expanded as needed or removed if it is not applicable.
Obstacle 1: <Insert Description of Obstacle, if Applicable>
Averting Strategy: <Insert Strategy — Required if an Obstacle is Identified>
Obstacle 2: <Insert Description of Obstacle, if Applicable>
Averting Strategy: <Insert Strategy - Required if an Obstacle is Identified>
Obstacle 3: <Insert Description of Obstacle, if Applicable>
Averting; Strategy: <Insert Strategy — Required if an Obstacle is Identified>
Equipment Inventory Listing
Equipment Description AEL # AEL Title
8
RECEIVED
AUG 17 2010
CITY CLERK'S OFFICE
STAFF REPORT
VERNONPOLICEDEPARTMENT-
DATE: August 16,,2010
TO: Honorable Mayor and City Council
FROM: Jerry Winegar, Lieutenant
RE: First Supplemental To Agreement No. C-115076
SUMMARY
The City of Los Angeles has sent a supplemental agreement for a Contract Between
The City of Los Angeles and the City of Vernon. Supplemental Agreement number C-
115076 is a supplemental agreement to the agreement approved by resolution 9796
regarding the use of 2007 Urban Areas Security Initiative (UASI) Grant Funds. The City
of Los Angeles desires to amend or modify the agreement for the purpose of extending
the time of performance to March 31, 2011 in accordance with the grant extension. This
supplemental agreement has been approved as to form by our City Attorney's office.
BACKGROUND
Participation in this grant was approved on December 15, 2008, resolution 9796. The
City of Vernon was awarded $120,000.00 to use toward a fixed license plate reader
system. This project has been completed and the City of Vernon has received full
reimbursement for these funds.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
recommend the City Council adopt a resolution approving and authorizing the
execution of a supplemental agreement by and between the City of Vernon and the City
of Los Angeles regarding extending the performance period for the 2007 UASI grant.
IV
MEMORANDUM
TO: Mark C. Whitworth, Interim City Administrator
FROM: Katrina C. Gonzales, Assistant City Attorney
CC: Laurence S. Wiener, City Attorney
Gena M. Stinnett, Assistant City Attorney
Daniel Calleros, Captain, Vernon Police Department
DATE: August 10, 2010
SUBJECT: First Supplemental Agreement To Agreement No. C-1115076 - Approved as to
Form
The City Attorney's office has reviewed the first supplemental agreement to Agreement No. C-
115076 between the City of Vernon and the City of Los Angeles for grant funds under the 2007
Urban Area Security Initiative (UASI) Program.and has approved it as to form.
12720-0001\1252575v 1.doc
FIRST SUPPLEMENTAL TO AGREEMENT NUMBER C-115076 OF
CITY OF LOS ANGELES CONTRACT
BETWEEN
THE CITY OF LOS ANGELES
AND
CITY OF VERNON
THIS FIRST SUPPLEMENTAL ("First Supplemental") to Contract Number C-115076 of
City of Los Angeles Contract ("First Amendment") is made and entered into by and
between the City of Los Angeles, a municipal corporation (hereinafter called the "City"),
and the City of Vernon, a municipal corporation (hereinafter called the "Subgrantee" or
"Subrecipient").
WITNESSETH
WHEREAS, the City and the Subrecipient have entered into that certain
Agreement Number C-115076 (hereinafter the "Agreement") related to the Urban Area
Security Initiative Grant 2007 ("UASI 07"), whereby the City distributed UASI 07 grant
funds to the Subrecipient in accordance with the UASI 07 budget and the Subrecipient
agreed to address the unique equipment, training, planning and exercise needs of the
area, to assist it in building an enhanced and sustainable capacity to prevent, respond
to, and recover from threats or acts of terrorism, the execution of the Agreement having
been authorized by the Los Angeles City Council on or about May 8, 2008 (Council File
#07-0609), said Agreement effective October 16, 2007 through March 31, 2010; and
WHEREAS, on or about January 26, 2010, the California Emergency
Management Agency ("CalEMA") extended the subgrantee performance period for the
UASI 07 grant from March 31, 2010 to April 30, 2011 ("Grant Extension"); and
WHEREAS, Section 505 of the Agreement provides for amendments to the
Agreement; and
WHEREAS, the Office of the Mayor, Office of Homeland Security and Public
Safety ("Mayor's Office"), which has been designated by the City to administer the
Agreement and the projects contemplated therein desires to amend or modify the
Agreement for the purpose of extending the time of performance to March 31, 2011 in
accordance with the Grant Extension and pursuant to authority provided under Section
14.8 of the Los Angeles Administrative Code; and
WHEREAS, the City and the Subrecipient are desirous of entering into this First
Supplemental for the purpose of amending or modifying the Agreement by (a) extending
the time of performance for Agreement Number C-115076 of City of Los Angeles
Contract to March 31, 2011 and (b) making such other changes as are required in
connection with the foregoing, all as detailed elsewhere in this First Supplemental; and
First Supplemental, UASI `07 1 4.10
City of Los Angeles and City of Vernon
WHEREAS, this First Supplemental is necessary and proper to continue and/or
complete certain activities authorized under the Agreement.
NOW, THEREFORE, the City and Subrecipient hereby covenant and agree as
follows:
The Agreement, which is attached hereto as Exhibit 1, is revived by this.
First Supplemental and incorporated herein by this reference. The terms
and conditions of said Agreement shall be the terms and conditions of this
First Supplemental, except as expressly modified herein.
2. Term: The term of this First Supplemental shall be from October 16, 2007
to March 31, 2011.
Such term modifies the original term of the Agreement, which was from
October 16, 2007 through March 31, 2010.
3. Except as herein amended or modified, all terms and conditions of the
Agreement shall remain unchanged and in full force and effect by way of
this First Supplemental.
4. Ratification Clause: Due to the need for Subrecipient's services to be
provided continuously on an ongoing basis, Subrecipient may have
provided services prior to the execution of this First Supplemental. To the
extent that said services were performed in accordance with the terms and
conditions of this First Supplemental, those services are hereby ratified.
5. This First Supplemental may be, executed in one or more counterparts,
each of which will be deemed an original, but all of which together will
constitute one and the same instrument. This First Supplemental includes
three (3) pages and one (1) Exhibit which constitute the entire
understanding and agreement of the parties.
First Supplemental, UASI `07 2 4.10
City of Los Angeles and City of Vernon
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For:
THE CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By
Deputy City Attorney
By
Antonio R. Villaraigosa, Mayor
Date
Homeland Security and
Date
Public Safety, Mayor's Office
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For:
City of Vernon,
a municipal corporation
By
City Attorney
By
Date
Date
ATTEST:
[SEAL]
By
City Clerk
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number
First Supplemental, UASI '07 3 4.10
City of Los Angeles and City of Vernon