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Resolution No. 2010-172RESOLUTION NO. 2010-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE CITY'S PARTICIPATION IN THE 2009 STATE HOMELAND SECURITY GRANT PROGRAM BY THE VERNON POLICE AND FIRE DEPARTMENTS, APPROVING AND AUTHORIZING THE EXECUTION OF A SUBRECIPIENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE COUNTY OF LOS ANGELES AND AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO OBTAIN THE GRANT WHEREAS, the Department of Homeland Security, through the Office for Domestic Preparedness, provides grant funding through a State Homeland Security Grant Program to California to enhance the ability of the state, urban areas, local jurisdictions, and certain non-profit organizations, to prevent, deter,'respond to and recover from threats and incidents of terrorism (the "SHSGP Grant"); and WHEREAS, the County of Los Angeles Office of Emergency Management is the sub -grantee for the 2009 SHSGP Grant and the City of Vernon has been awarded a 2009 SHSGP Grant as a sub -recipient and WHEREAS, the County of Los Angeles will coordinate all related activities with the sub -recipients; and WHEREAS; during the application and review process for the 2009 SHSGP Grant, the Vernon Fire Department requested funding to be used toward terrorism liaison officer training for existing and new Terrorism Liaison Officers in the sum of $24,803.00 and $31,861.00 to be used for planning and coordination for an integrated Chemical, Biological, Radiological, Nuclear and Explosive response team training and the Vernon Police Department requested funding for the purchase of chemical biological escape hoods for sworn personnel in the sum of $7,375, subject to approval by the City Council; and WHEREAS, the City of Vernon has been awarded the total sum of $64,039.00 and the County of Los Angeles is requiring a formal Subrecipient Agreement between the City of Vernon and the County of Los Angeles outlining the requirements of the 2009 SHSGP Grant and is also requiring the completion and electronic submittal of a Project Spending Plan for each line item within each of the approved projects; and WHEREAS, the 2009 SHSGP Grant is a reimbursable grant for all authorized equipment purchases and training expenses with no cost - share or match requirements; and WHEREAS, participation in the 2009 SHSGP Grant would enhance the capability of the Vernon Fire and Police Departments to respond to threats, thereby enhancing the services provided to citizens, residents, businesses and employees in the City of Vernon and neighboring communities; and WHEREAS, by memo dated October 26, 2010, the Police Department has recommended that the City participate in the 2009 SHSGP Grant and approve and authorize the execution of the necessary documents to receive funding under the 2009 SHSGP Grant in the total sum of $64,039.00; and WHEREAS, the City Council of the City of Vernon desires to participate in the 2009 SHSGP Grant and approve and authorize the execution of the necessary documents to receive funding under the 2009 SHSGP Grant in the total sum of $64,039.00. 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. 2 SECTION 2: The City Council of the City of Vernon hereby approves the City's participation in the 2009 SHSGP Grant. SECTION 3: The City Council of the City of Vernon hereby approves the Subrecipient Agreement with the County of Los Angeles, a copy of which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes specified in the.Agreement, including without limitation, the execution of any and all documents necessary for the purpose of securing grant funds for, and on behalf of, the City of Vernon. SECTION 6: The City Council of the City of Vernon.hereby directs the City Clerk, or the City Clerk's designee, to submit the Agreement, executed by the City, and related documents to the County of Los Angeles. -3_ SECTION 7: 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 Clerks certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of November, 2010. Willard G. City Clerk Name: H'ilarioo Gonzales Title: Mayor 4 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. 2010-172, 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, November 15, 2010, and thereafter was duly signed by the Mayor or Mayor Pro -Tern of the City of Vernon. Executed this /.7 day of November, 2010, at Vernon, California. Willard a aguc6l, City Clerk (SEAL) 5 EXHIBIT A Subrecivient Agreement Between the County of Los Angeles and The City of Vernon Grant Year 2009 State Homeland Security Grant , Program HOA.705809.1 SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT is made and entered into by and between the County of Los Angeles, apolitical subdivision of the State of California (the "County of Los Angeles" ), and the City of Vernon, a public agency (the "Subrecipient") WITNESSETH WHEREAS, the U.S. Department of Homeland Security Title 28 C.F.R. through the Office of Grants and Training (G&T), has provided financial assistance from the Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) 97.068.directly to the California Emergency Management Agency (CaIEMA) for the 2009 Homeland Security Grant Program (HSGP); and WHEREAS, the CaIEMA, provides said funds to the Los Angeles County Chief Executive Office_ r (CEO) as its Subgrantee, and CEO is responsible for managing the Grant and overseeing the funds which are distributed, by CEO, to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, exercise and planning management needs of the Subrecipient, and to'assist Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the CEO as Subgrantee has obtained approval of an HSGP 2009 Grant from CaIEMA for the Subrecipient in the amount of $64,039; and WHEREAS, the CEO now wishes to distribute HSGP Grant Funds to the Subrecipient, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter,into subrecipient agreements with cities providing for re -allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County Board of Supervisors on June 29, 2010 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows: Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 1 SECTION I INTRODUCTION §101. Parties to this Agreement The parties to this Agreement are: A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and B. City of Vernon, a public agency, 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: The representative of the County of Los Angeles shall be, unless otherwise stated in this Agreement: Carol Kindler, Manager Chief Executive Office, Los Angeles County (LAC) 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 974-1154 Fax: (213) 687-3765 Ckindler@ceo.lacounty.gov With a copy to: Norman Braverman, Grants Manager Chief Executive Office, LAC 500 W. Temple Street; Room 754 Los Angeles, CA 90012 Phone: (213) 893-7955 Fax: (213) 687-3765 Nbraverman @ceo.lacounty.gov Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 2 2. The representative of Subrecipient shall be: Name and Title:Willard G. Yamaguchi, City Clerk Organization City of Vernon Address:, 4305 Santa Fe Avenue City/State/Zip:. Vernon, CA 90058 Phone: (323) 583-8811 Fax: (323) 583-1438 Email: wyamaguchi@ci.vernon.ca.us With a copy to Name and Title: Jerry Winegar, Lieutenant Organization Vernon Police Department Address: 4305 Santa Fe Avenue City/State/Zip: Vernon, CA 90058 Phone: (323) 583-5171 Fax: (323) 826-1484 Email: jwinegar@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 and/or title 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. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 3 §103. Independent Pam Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. No employee of Subrecipient is, or shall be an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an . agent or employee of the County of Los Angeles by virtue of this Agreement. §104. Conditions Precedent to Execution of This Agreement Subrecipient shall provide the following signed documents to the County of Los Angeles, unless otherwise exempted: A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement. Subrecipient shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient. B. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement. C. Certification Regarding Drug -Free Workplace, attached hereto as Exhibit C and made apart hereof, in accordance with §411.A.13 of this Agreement. D. Certification of Assurances — Non -Construction Programs, attached hereto as Exhibit D and made a part hereof, in accordance with §411.0 of this Agreement. SECTION 11 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence upon execution by all parties and shall expire on the later of April 30, 2012, or if as of such date, not all activities required by this Agreement have been completed, then the Agreement shall expire on such later date that all such required activities, including close-out activities, are completed. Said term is subject to the provisions herein. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 4 §202. Use of Grant Funds A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the HSGP FY 2009 Grant, which has been approved by the California Emergency Management Agency. This information is contained in a copy of the final grant award letter and a worksheet, attached hereto as Exhibit E. Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County's review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not respond, CEO will issue a letter indicating that the requested modification will be denied. Modifications must be approved in writing by the County of Los Angeles and CalEMA during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect. Subrecipient shall utilize grant funds in accordance with all Federal regulations and State Guidelines. B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. C. Subrecipient shall review the Federal Debarment Listing at http://www.epis.gov/epis/search.do prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified. D. Prior to the purchase of equipment or services utilizing a sole source contract, justification must be presented to CEO, who upon review will request approval from CaIEMA. Such approval in writing must be obtained prior to the commitment of funds. E. Subrecipient shall interface with CEO's Grant Management System as it may exist at the time of contract execution or during the term of the Agreement. F. Subrecipient shall provide monthly status reports to CEO indicating their progress on meeting program goals and the submission of claims for reimbursement along with any reports requested by the County of Los Angeles regarding performance of this Agreement. Reports shall be in the form requested by the County of Los Angeles, and shall be provided by. the 15th of the following month. G Subrecipient shall provide a copy of their Annual Single Audit Report, as required by Office of Management and Budget circular A-133, to CEO no, later than March 31 st of the year following the reporting period. H Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit finding. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 5 I. Subrecipient will be monitored by the County of Los Angeles on an annual basis to ensure compliance with CalEMA grant program requirements. Said monitoring will include, at a minimum, one on -site visit during the term of this Agreement. J. Any equipment acquired pursuant to this Agreement shall be authorized in the G&T Authorized Equipment List (AEL) available online at http://www.rkb.mipt.org and the Allowable Cost Matrix to the 2009 Homeland Security Grant Program, Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit F. Subrecipient shall provide the County of Los Angeles a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements. Federal procurement requirements for the HSGP 2009 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of G&T Financial Guide. Any equipment acquired or obtained with Grant Funds: Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Will be 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. K. 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 tangible nonexpendable property, having a useful life of more than one year which costs $5,000 or more per unit. Items costing less than $5,000, but acquired under the "Equipment" category of the Grant shall also be listed on any required Equipment Ledger. Equipment shall be used by Subrecipient 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. Subrecipient shall make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 6 3. An Equipment Ledger shall be maintained listing each item of Equipment acquired with HSGP funds. The Equipment Ledger must be kept up to date at all times. Any changes shall be recorded in the Ledger within ten (10) business days and the updated Ledger is to be forwarded to the County of Los Angeles' Auditor -Controller Shared Services Division. The Equipment Ledger shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number, (d) the fund source/grant year of acquisition of the Equipment, including the award number, (e) date of acquisition, (f) the per unit acquisition cost of the Equipment, (g) location and condition of Equipment and (h) disposition data, including date and sale price , if applicable. Records must be retained pursuant to Title 28 C.F.R. Part 66.42. .4. All Equipment obtained under this Agreement shall have an appropriate identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken by the Subrecipient and the results reconciled with the Equipment Ledger at least once every two years or prior to any site visit by State or Federal auditors/monitors. The Subrecipient is required to submit a letter certifying as to the accuracy of the Equipment Ledger to the County of Los Angeles, in the frequency as above. L. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit or subsequent grant year programs. M. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit, and must be first submitted to CEO and then pre -authorized by CalEMA. A catalog of Federally approved and sponsored training courses is available at http://www.00p.usdoi.gov/odp/training.htm. N. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit. Detailed. Homeland Security Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov. O. Subrecipient shall provide to County a spending plan detailing the required steps and timeframes required to. complete the approved projects within the grant timeframe. Subrecipient shall submit the spending plan to County prior to final execution of the Agreement. P. Any organization activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Program Guidance and Application Kit. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 7 SECTION III PAYMENT §301. Payment of Grant Funds and Method of Payment A. The County of Los Angeles shall reimburse Subrecipient the grant'amount of $64,039 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County. All expenditures shall be for the purchase of equipment, exercises, training, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the FY 2009 HSGP Grant Award Letter from CaIEMA. B. Subrecipient shall submit invoices to the County of Los Angeles Auditor -Controller Shared Services Division requesting payment as soon as expenses are incurred and paid; and the required supporting documentation is available. Said timeframe should be within ten (10) business days of Subrecipient's payment to vendors anWor prescribed due dates by CEO and/or CaIEMA. Each reimbursement request shall be accompanied by the Reimbursement Request Checklist and Form (attached hereto as Exhibit G). All appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from CaIEMA and a CaIEMA tracking number has been assigned to the course, and timesheets and payroll registers for all training attendees. For exercise reimbursements, Subrecipient must enter the After Action Report and Improvement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise. For planning reimbursements, Subrecipient must include a description of the final tangible product as a result of the planning project. C. County may, at its discretion, and with CaIEMA approval., reallocate unexpended grant funds to another Subrecipient. Said reallocation may occur upon completion of an approved project, or by notification to County by Subrecipient that a portion of the grant funds identified in §301 A., above, will not be utilized. Notwithstanding the provisions of §502, below, any increase or decrease in the grant amount specified in §301 A., above, shall not require a written amendment to this Agreement. D. Payment of final invoice shall be withheld by the County of Los Angeles until the County has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein. Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 8 F. 1. County's obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to Federal, State or County's legislative appropriation for this purpose. In the event this Agreement extends. into succeeding fiscal year periods and the Board of Supervisors or the State or Federal Legislature does not allocate sufficient funds for the next succeeding fiscal year payments, services shall automatically be terminated as of the end of the then current fiscal year. 2. County shall make a good -faith effort to notify Subrecipient, in writing, of such non -appropriation at the earliest time. SECTION 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. §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 County of Los Angeles. This Agreement shall be enforced and interpreted under the laws of the State of California and the County of Los Angeles. 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 remainder of the Agreement shall not be affected thereby. Applicable Federal or State requirements that are more restrictive shall be followed. §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. Grants/SHSGP 200g/Subrecipient AgreemenWernon Agreement 9 §404. Breach 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. §405. Prohibition Against Assignment or Delegation Subrecipient may not, unless it has first obtained the written permission of the County of Los Angeles: 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. §406. Permits Subrecipient and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and shall pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination_, lapses, non renewals or restrictions of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action Subrecipient shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. Subrecipient shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive 'Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). If required, Subrecipient shall submit an Equal Employment Opportunity Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at http://www.o8p.usdo'.ciov/aboutlocr/eeop.htm. Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this §407 of this Agreement. - Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 10 §408. Indemnification Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision shall apply and shall be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to 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 Government Code Section 895.2. To achieve the above -stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. §409. Conflict of Interest A. The Subrecipient covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that; 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seg. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 11 B. Definitions: 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. The Subrecipient further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The Subrecipient shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said' person and the Subrecipient. E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient shall disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with.the proposed subcontractor and its officers, directors or employees. F..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 County of Los Angeles, State, of California, and Federal, regulations regarding conflict of interest. G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The Subrecipient covenants that no member, officer or employee of Subrecipient shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. i I. The Subrecipient shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and shall substitute the term Grants/SHSGP 2009/Subrecipient AgreemenWernon Agreement 12 "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor". §410. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient shall comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient shall comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act Since Federal funds are used in the performance of this Agreement, Subrecipient shall, as applicable; adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.;); OMB Circular A-133 and any administrative regulation or field memos implementing the Act. 3. Americans with Disabilities Act Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et sect., and its implementing regulations. Subrecipient 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. Subrecipient will not discriminate against Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 13 persons with disabilitiesnor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, 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. Subrecipient shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient shalt 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 either the County of Los Angeles, the U.S. Comptroller General or the Auditor. General of the State of California may deem necessary, Subrecipient shall make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S. Comptroller General and the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters 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 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 County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 14 Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles. 7. Subcontracts and Procurement Subrecipient shall, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Subrecipient shall, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor Agreements The Subrecipient shall submit all Subcontractor Agreements to the County of Los Angeles for review prior to the release of any funds to the subcontractor. The Subrecipient 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 Subrecipient shall, as applicable, 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). Subrecipient 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). Subrecipient shall, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. §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 s 9. Civil Rights Subrecipient shall, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 15 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental Subrecipient shall, as applicable, 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=ofpersons 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. Subrecipient shall comply, as applicable, 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 flood -plains -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). Subrecipient shall, as applicable, 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. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 16 Subrecipient shall, as applicable, 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. Subrecipient shall, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. Subrecipient shall, as applicable, ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, Subrecipient ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seg. Subrecipient shall, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). Subrecipient shall comply, as 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 Subrecipient shall, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 12. Suspension and Debarment Subrecipient shall, as applicable, comply with Title 28 C.F.R. Volume 67, Number 228, regarding Suspension and Debarment, and Subrecipient shall submit a Certification Regarding Debarment, attached here to as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the County of Los Angeles concurrent with the execution of this Agreement and shall certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient shall require that the language of this Certification be included in the award documents for all sub - award at all tiers and that all subcontractors shall certify accordingly. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 17 13. Drug -Free Workplace Subrecipient shall, as applicable, comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701, Title 28 Code of Federal Regulations (CFR) Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient shall complete the Certification Regarding Drug -Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 14. Lobbying Activities Subrecipient shall, as'applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference., 15. Miscellaneous Subrecipient shall, as applicable, 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 Subrecipient shall comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. Subrecipient shall, as applicable, 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 CFR Part 66; EO 12372; (Financial Management Guide US Department of Homeland Security Directorates Preparedness January 2006, Financial Guide; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, 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 Title 2, 6, 28,44 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 Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 18 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, 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 Subrecipient, as provided herein, shall be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise, expressed. Subrecipient'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 County of Los Angeles. Subrecipient's administrative -related travel and per diem reimbursement costs shall be reimbursed based on the Subrecipient's policies and.procedures. For programmatic -related travel costs, Subrecipient's reimbursement rates shall not exceed the amounts established by the County of Los Angeles. 3. Noncompliance Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. C. Compliance With Grant Requirements To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in the 2009 Program Guidance and Application Kit and in the "Grant Assurances", attached hereto as Exhibit D. By signing these Grant Assurances and accepting the Program Guidances, the County Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 19 of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. Subrecipient shall be liable to the Grantor for any funds the State determines that Subrecipient used in violation of these Grant Assurances. Subrecipient shall indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances. §412. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and shall. be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program. §413. 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 Subrecipient shall report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles shall report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State shall determine whether to--seek-protection on the Invention. The State 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, Title 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, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient 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 County of Los Angeles shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow ofhers to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the terms of the State or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the County of Los Angeles, at the County's discretion, may copyright the Material. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 20 If the County of Los Angeles declines to copyright the Material, the County of Los Angeles 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 State shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. Subrecipient shall comply with Title 24 CFR 85.34. D. Rights to Data The State and the County of Los Angeles 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 Title 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.G. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)). E. Obligations Binding on Subcontractors Subrecipient shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §414. Child Support Assignment Orders Under the terms of this Agreement, Subrecipient shall comply with California Family Code Section 5230 et seq. as applicable. §415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an. equal opportunity to participate in the performance of all Subrecipient's contracts, including procurement, construction and personal services. This policy applies to all the Subrecipient's contractors and sub -contractors. 21 Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement SECTION V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501. Defaults Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. §502. Amendments Any change in the terms of this Agreement which are agreed to by the Subrecipient and County of Los Angeles must be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. Any increase or decrease in the grant amount specified in §301 A., above, shall not require a written amendment to this Agreement. SECTION 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 may be executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes (23) pages and (7) Exhibits which constitute the entire understanding and agreement of the parties. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 22 IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives. COUNTY OF LOS ANGELES By WILLIAM T FUJIOKA Chief Executive Officer By SACHI A. HAMAI Executive Officer, Board of Supervisors APPROVED AS TO FORM ANDREA SHERIDAN ORDIN County Counsel BY Principal Deputy County Counsel BY City Representative/Title Hilario Gonzales, Mayor APPROVED AS TO FORM BY Interim City Attorney Willard G. Yamaguchi ATTEST BY. City Clerk Willard G. Yamaguchi Date By WENDY L. WATANABE Auditor -Controller Date Date Date Grants/SHSGP 2009/Subrecipient AgreemenWernon Agreement 23 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G EXHIBITS Certification and Disclosures Regarding Lobbying Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions and Certification Regarding Drug -Free Workplace Grant Assurances Final Grant Award Letter and Worksheets Allowable Cost Matrix Reimbursement Request Checklist and Form EXHIBIT A CalEMA 2-232 Approved by OMB 0348-0b46 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose Iohhvinn acfivifipq nnrc innf +n Q1 I I C t, 44=7 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Ela contract El a'. bidlDffertapplication b. El a. initial filing.- grant b. initial a❑ard b. material change c. cooperative agreement c. post-adard d. loan' For. Material Change Only: e._ loan guarantee - _ __.. - - - - - - - - - :_ f. loan insurance . -X�ar- - - - Quarter... - - - --.. date of last report 4. Name and Address of Reporting Entity: City of Vernon 5: If Reporting Entity p g ty !n No. 4 is ee, 4305 Santa Fe Ave. Vernon, CA 90058 Enter Name and Address of Prime: f Prime: County of Los Angeles 500 W. Temple ❑rime Suba❑ardee Room 754 Los Angeles, CA 90012 Tier, If known: Congressional District, if known: 4c34 Congressional District, /fknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: State Homeland Security Grant Program CODA ❑umberElf applicable❑ 97.067 8. Federal Action Number, /f known: 9. Award Amount, /f known: 10. a. Name and Address of Lobbying Entity Of individualdast nameCfirst name[MOM b. Individuals Performing Services [attach Continuation Sheet13❑SaLLL-Aof necessary❑ Oast nameCfirst nameEMa include address if different from 10a❑ 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply): Actual Planned a. retainer 12. Form of Payment (check all that apply): b. one-time fee a. cash-.a---n••-,---.---.-,------- --_-- c. commission b. in-Clndapecify❑ _ d. contingent fee _ « - w m _ - e, deferred nature value f. otherospecify❑ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11: fBttach Continuation Sheet6❑SaLLL-ACf necessary❑ 15. Continuation Sheet(s) SF-LLL-A attached: Des ❑o 16. Wormation reDuested through this form is authoriDDd by Title 31 U.S.C. Section 1352. Signature❑ ❑his disclosure of lobbying activities is a material representation of fact upon ❑hich reliance ❑as placed by the tier above ❑hen this transaction ❑as made or entered into. ❑ame❑ Mark Whitworth ❑his disclosure is re Mired pursuant to 31 U.S.C. 1352. ohis information Dill be ❑itle❑ City Administrator reported to the Congress semi-annually and Dill be available for public inspection. Any person ❑ho fails to file the re❑uired disclosure shall be sublact to a civil penalty of not ❑elephone❑ 32 583-8811 less than D10[000 and not more than ❑1001000 for each such failure. (area code/ Date❑ Authorized for Local Reproduction Federal Use Only: tandard Form - LLL Disclosure of Lobbying Activities - CalEMA 27232 (Revised 2/1/2009) Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES CONCONTINUATION SHEET Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity: Last Name First Name MI i Address City Zip Last Name First Name MI Address - City Zip Last Name First Name MI Address City Zip Last Name First Name Ml Address City Zip Continuation of 14: (additional sheets may be added 'if necessary) Brief Description of Services and Payments indicated in item 11: Authorized for Local Reproduction Standard Form — LLL-A Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) CadEMA 2-232 Approved by OMB 0348-0046 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt. of a covered. Federal action, or a material change to. a previous .filing, pursuant to Title 39 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobb in entit for influencing or attem tin to influence an officer or employee p Y Y Y 9. Y g p g of any agency, a Member of Congress, an officer or employee of Congress,.or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub -award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least. one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name. or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub -grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,"RFP-DE-90-001." 9. For a covered Federal..action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) COIEMA 2-232 Approved by OMB 0348-0046 10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b.) Enter the full names of the individual(s) performing services, and include full address if. different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). - - - - - —----1-1:- Enter- the amount of compensation -paid -or reasonably expected -to -be -paid -by -the reporting -entity - - (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in - kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS - -- ------This certification -is required--by-the-regulations- imp[6menting-Exe,cti-tive-Order-1-2549,- - Debarment and Suspension, 24 CFR Par t 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROW ER/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE ATTEST: Willard G. Yamaguchi, City Clerk INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance 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 tit is later determined that he 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 on this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction, 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 form 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 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. D907 by: 1. Publishing a statement notifying employees that the unlawful. manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's - - _- - workplace- and -specifying -the- actions that -will -be taken against- employees `for violation -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 this 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 this 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 than five days after such conviction. 5. Notifying the County 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 by taking appropriate personnel action against such an employee, up to and including termination. 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of the provision of this certification. City of Vernon CONTRACTOR/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE ATTEST: Willard G. Yamaguchi, City Clerk EXHIBIT D California Emergency Management Agency FY09 Grant Assurances (All HSGP Applicants) Subrecipient Name of Applieai# City of Vernon Address: 4305 Santa Fe Avenue City: Vernon Telephone Number: (323) 583-8811 E-Mail Address: jwinegar@covpd.or State: CA Zip Code: 90058 Fax Number: (323) 826-1484 subrecipient subreci lent As the duly authorized representative of the ft, I certify that these named above: 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 U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal'years. 3. Will comply with any cost sharing commitments included in the FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 4. . 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, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool 6. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 7. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 Initials 8. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 9. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 10. Will establish safeguards to prohibit employees from using their positions fora 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. 11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 12. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 13. 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. 14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 15. Will comply with all Federal Statues relating to Civil Rights and 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 nationalorigin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. 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 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. Page 2 Initials j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that 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, gender, 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. I. Will provide an Equal Employment Opportunity Plan2_if applicable, to the Department of _ Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 16. Will comply 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. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 17. 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 tenahousand dollars ($10,000) or more. 18. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 19. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal BMA, including, but not limited,to, communications - towers, physical security enhancements, new construction and modifications to buildings that are fifty (50) years old or more. Any construction related activities initiated prior to full EHP review will result in a noncompliance finding. If ground -disturbing activities occur during the project implementation, the recipient must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's PAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 Initials 21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (E011514). _ b. Notification of violating facilities- pursuant C. 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.). d. 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.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. 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. h. Applicable provisions 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. 22. 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. 23. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEAV s'Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department. of Homeland Security. 24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 26. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees 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. Page 4 Initials 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, 21. 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). 28. 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. 29. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 30. 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. 31. 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. 32. 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. 33. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the, undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other fonds 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 Page 5 Initials 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. 34. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of 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, 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. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 35. 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. 36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 37. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990. 38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 40.. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 41. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial Management Guide. 42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2009 Homeland Security Grant Page 6 Initials Program application. Further, use of FY09 funds is limited to those investments included in the California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 43. 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". 44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. 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. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 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. 45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that itwill 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: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. 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 i. Abide by the terms of the statement; and Page 7 Initials ii. 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. i. 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 ii. 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). 46. 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. 47. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. s"ub eci ient The undersigned represents that he/she is authorized by the above named „-to enter into this agreement for and on behalf of the said silent Signature of Authorized Agent: Printed Name ofAuthorized Agent: Mark Whitworth Title: City Administrator Date: Page 8 Initials EXHIBIT E._ ARNOLD SCHWARZZENEGGER 3650 SCHA=- R AVENUE GOVERNOR Et" -MA MATHER, CA 95655 ry MATTHEw R. BETTENHAUSEN ,�r PHONE (916) 845-8510 SECRETARY s FAX (916).324-5902 CALIFORNIA TMERGIi;NCY MANAGEMENT AGENCY GRANTS MANAGEMENT DIVISION July 16,2010. Ms. Carol Kindler County of Los Angeles 500 W. Temple Drive, Room 754 Los Angeles, CA 90012 Subject: NOTIFICATION OF CONDITIONAL HOLD REMOVAL FY2009 Homeland Security Grant Program (HSGP) Grant #2009-0019, Cal EMA ID# 037-00000 Dear Ms. Kindler: The California Emergency Management Agency (Cal EMA) has removed the "Conditional Hold" placed on your FY2009 Homeland Security. Grant Program (HSGP) award and created performance milestones for the following projects: Performance Milestones: Amount Completion Date B LARICS PLANNING $2,500,000 08/31/11 C INTERoP CommEQu1PMENT $1,000,000 08/31/11 D INFO SHARING EQUIPMENT $1,000,000 08/31/11 D TLO TRAINING $ 200,000 08/31/11 E CI EQUIPMENT $ 500,000 08/31/11 E CI TRAINING $ 300,000 08/31/11 F CBRNE EQUIPMENT $1,250,000 08/31/11 F CBRNE TRAINING $ 300,000 08/31/11 F CBRNE PLANNiNo $ 200,000 08/31/11 G AD RS EQuipmENT $ 300,000 08/31/11 H RTTACEQUIPIv1ENT $ 25Q000 08/31/11 Additionally, Aviation/Watercraftrgquests, Establish/Enhance Emergency Operations Center (EOC) projects, projects requiring EHP review at FEMA/DHS and sole source procurement requests will require additional approvals from Cal EMA. For that reason Project(s) A, C, D, E, F, G,.and H are not approved'at this time, pending receipt of required supplemental documentation and/or approval from FEMA/DHS. Subgrantees must obtain written approval for these activities RrIgr to incurring any costs, in order to be reimbursed for any related costs under this grant. Subgrantees are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with homeland security dollars. For further assistance, please contact your Cal EMA Interim Program Representative, Leo LaMattina, in the Grants Management Division at leo.lamattina@calema.ca.gov or 916-324-6347. Thank you for your work in protecting California. We look forward to your continued collaboration towards our homeland security strategy and appreciate your cooperation and support, Sincerely, Ursula Harelson, Chief Homeland Security Grants Section 2009 SHSGP PROJECT FUNDING DISTRIBUTION 6/2212010 EXHIBIT F PART. VI.II. OTHER INFORMATION HSGP ALLOWABLE COSTS Allowable Cost Matrix Developing scenario plans that incorporate the range of pre protection, response, and- recovery activities for a scenario Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives Developing related terrorism prevention activities Developing and enhancing plans and protocols Developing or conducting assessments. Hiring of full- or part-time staff or contract/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs (lAW operational Cost Guidance) vmer projeci areas wan prior approvai trom t-tMA Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred during periods of DHS-declared alert (up to 50 percent of the allocation) 63 65 REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT EXHIBIT G ❑ Grant Reimbursement Form with authorized signature and date ❑ Invoice: Must be stamped or write "PAID", signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receipt the Items requesting reimbursement. Each item circled must have a project #, a funding SOURCE, and TOTAL. Purchase orders and price quotes will not be accepted as proof of purchase for reimbursement. ❑ Purchase Method ❑ Competitive bid ❑ Sole Source (Prior State approval attached) Invoice NO.: ❑ Reviewed Federal Debarment Listing: hffl)://www.ei)ls.nov/eDls/search do ❑ No. R'es, screen listing is attached. FOR EQUIPMENT: Eauioment Inventory Ledger, completed the listing with all requested information, including: Project # & alpha, Equipment Description, ❑ AEL #, AEL Title, Invoice #, Vendor, Total Cost, Cash Request #, Invoice Date, Acquired Date, Serial #/ ID Tag #, Condition and Disposition, Deployed Location and Grant Year. www.rkb.us FOR TRAININGiEXERCISE/PLANNING: ❑ Training/Exercise Summary completed listing including: employee name, assignment (backfill for name of employee attending training/exercise), Job Title, Training Request #, Training date, Salary, total Hours, Overtime hours, regular rate, Overtime rate, employee benefits rate, total claim amount. • For Training —Training Request# is required • For Planning — Submit proof of products produced (i.e. mutual aid agreements, assessments, etc.) • For Exercise — Proof of AAR submission and State approval. Submit AAR into the ODP Portal within 60 days following the completion of the event. ❑ Roster: Fill out a Training or Planning or Exercise Roster, whichever is applicable to this claim. ❑ Timecards: indicating the # of hours charged per day, employee signature & supervisor signature ❑ Payroll register indicating the salary, hourly rate, employee benefits, Overtime rate. ❑ Sign -in sheets or attendance sheets or Certificate of Completion (if claiming for Backfill and/or Overtime); If sign -in sheets or certificates are not available, trainees should provide their your own proof of attendance by completing their own sign -in sheet and have the Tralner sign the sheet indicating proof of attendance. Additional items: Travel —Receipts are required for itemized costs such as plane ticket/Invoice, hotel invoices and training receipts with the dates of invoices agreeing with the training and exercise period. Workshop —Invoices for instructor, facilities, contractor and consulting services. A�JH OJ2E-05fGT1Al1RE/pAE?s'�'�� YkU�TSRIZ� SIGEfII1 CL t£K�� .. . Under Penalty of Perjury I certify that I am the duly authorized officer ofthe claimant herein. This claim is In all respect true, correct, and all expenditures were made, In accordance with applicable laws, rules, regulations and grant conditions and assurances. Checklist Thank you for participating in the Homeland Security Grant Program. In order to complete your claim, please follow the checklist on the first tab of this workbook and attach the required supporting documents for all items for which you are requesting reimbursement. - Please submit invoices-to-Shared-Services-Divisiomas-soon as expenses are -incurred and the -required invoice -and other -supporting - documentation is available. Do NOT accumulate and submit all claims and invoices on the final due date. Failure to submit your claim in a timely manner with the required supporting documents could result in unreimburseable expenses and/or reallocated awards. DATE MAILING PHONE ZIP 4�v.t .rax# aAIlORI7,ED SI�NAT-W4.x Under Penalty of Perjury I certify that: I am the duly authorized officer of the claimant herein. This claim is in all respect true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances. HSGP Homeland Security Grant Program RTTAC Regional Terrorism Threat Assessment Center MMRS Metropolitan Medical Response System TAXPAYERID# E-mail Please fax reimbursement requests to: SHARED SERVICES DIVISION Attn: GRANTS UNIT Fax (213) 947-5809 SOLUTION AREA (Equipment, Training, Planning, Exercise) TOTAL BY FUNDING SOURCE TOTAL Project q " s e > HSGP RTTAC MMRS CLAIM Invoice Number (e.g., 41 C) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS 0.00 0,OQ 0.00 0.00 November 17, 2010 Norman Braverman, Grants Manager Chief Executive Office, LAC 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Re: Subrecipient Agreement — Grant Year 2009 State Homeland Security Grant Program Dear Mr. Braverman: Transmitted herewith are two original partially executed agreements, as referenced above, for execution by the proper party. Please return one fully executed original agreement to the attention of the undersigned. If you have any questions regarding this matter, please call Lt. Jerry Winegar, at (323) 583-8811 ext. 126. 7Very ruly yours, WILLARD G. YA A UCH City Clerk WGY:dj Enclosures c: Rory Burnett Daniel Calleros James Rodino Mark Whitworth Jerry Winegar Resolution No. 2010-172 Agreement File No. 10-081 Excfusivefy Industriaf Subrecipient Aqreement Between the Countv of Los Anc ieles and The Citv of Vernon Grant Year 2009 State Homeland Securitv Grant Procyram HOA.705809.1 SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles" ), and the City of Vernon, a public agency (the "Subrecipient") WITNESSETH WHEREAS, the U.S.. Department of Homeland Security Title 28 C.F.R. through the Office of Grants and Training (G&T), has provided financial assistance from the Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) 97.068 directly to the California Emergency Management Agency (CaIEMA) for the 2009 Homeland Security Grant Program (HSGP); and WHEREAS, the CaIEMA, provides said funds to the Los Angeles County Chief Executive Officer (CEO) as its Subgrantee, and CEO is responsible for managing the Grant and overseeing the funds which are distributed, by CEO, to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, exercise and planning management needs of the Subrecipient, and to assist Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the CEO as Subgrantee has obtained approval of an HSGP 2009 Grant from CaIEMA for the Subrecipient in the amount of $64,039; and WHEREAS, the CEO now. -wishes to distribute HSGP Grant Funds to the Subrecipient, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re -allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and -the County Board of Supervisors on June 29, 2010 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows: Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement SECTION I INTRODUCTION §101. Parties to this Agreement The parties to this Agreement are: A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and B. City of Vernon, a public agency, 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: The representative of the County of Los Angeles shall be, unless otherwise stated in this Agreement: Carol Kindler, Manager Chief Executive Office, Los Angeles County (LAC) 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 974-1154 Fax: (213) 687-3765 Ckindier@ceo.lacounty.gov With a copy to: Norman Braverman, Grants Manager Chief Executive Office, LAC 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 893-7955 Fax: (213) 687-3765 Nbraverman @ceo.lacounty.gov Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 2 2. The representative of Subrecipient shall be: Name and Title: Willard G. Yamaguchi, City Clerk Organization city of Vernon Address: 4305 Santa Fe Avenue City/State/Zip: Vernon, CA 90058 Phone: (323) 583-8811 Fax: (323) 583-1438 Email: wyamaguchi@ci.vernon.ca.us With a copy to: Name and Title: Jerry Winegar, Lieutenant Organization Vernon Police Department Address: 4305 Santa Fe Avenue City/State/Zip: Vernon, CA 90058 Phone: (323) 583-5171 Fax: (323) .826-14.84 Email: jwinegar@coved . 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 and/or title 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. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 3 §103. Independent Party Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. No employee of Subrecipient is, or shall be an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement. §104. Conditions Precedent to Execution of This Agreement Subrecipient shall provide the following signed documents to the County of Los Angeles, unless otherwise exempted: A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement. Subrecipient shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient. B. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement. C. Certification Regarding Drug -Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement. D. Certification of Assurances — Non -Construction Programs, attached hereto as Exhibit D and made a part hereof, in accordance with §411.0 of this Agreement. SECTION II TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence upon execution by all parties and shall expire on the later of April 30, 2012, or if as of such date, not all activities required by this Agreement have been completed, then the Agreement shall expire on such later date that all such required activities, including close-out activities, are completed. Said term is subject to the provisions herein. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 4 §202. Use of Grant Funds A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the HSGP FY 2009 Grant, which has been approved by the California Emergency Management Agency. This information is contained in a copy of the final grant award letter and a worksheet, attached hereto as Exhibit E. Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County's review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not respond, CEO will issue a letter indicating that the requested modification will be denied. Modifications must be approved in writing by the County of Los Angeles and CalEMA during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect. Subrecipient shall utilize grant funds in accordance with all Federal regulations and State Guidelines. B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. C. Subrecipient shall review the Federal Debarment Listing at http://www.epls.qov/epls/search.,do prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified. D. Prior to the purchase of equipment or services utilizing a sole source contract, justification must be presented to CEO, who upon review will request approval from CaIEMA. Such approval in writing must be obtained prior to the commitment of funds. E. Subrecipient shall interface with CEO's Grant Management System as it may exist at the time -of contract execution or during the term of the Agreement. F. Subrecipient shall provide monthly status reports to CEO indicating their progress meeting program goals and the submission of claims for reimbursement along with any reports requested by the County of Los Angeles regarding performance of this Agreement. Reports -shall be in the form requested by the County of Los Angeles, and shall be provided by the 1.5th of the following month. G Subrecipient shall provide a copy of their Annual Single Audit Report, as required by Office of Management and Budget circular A-133, to CEO no later than March 31 st of the year following the reporting period. H Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit finding. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 5 I. Subrecipient will be monitored by the County of Los Angeles on an annual basis to ensure compliance with CaIEMA grant program requirements. Said monitoring will include, at a minimum, one on -site visit during the term of this Agreement. J. Any equipment acquired pursuant to this Agreement shall be authorized in the G&T Authorized Equipment List (AEL) available online at http://www.rkb.mipt.orci and the Allowable Cost Matrix to the 2009 Homeland Security Grant Program, Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit F. Subrecipient shall provide the County of Los Angeles a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements. Federal procurement requirements for the HSGP 2009 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. Will be 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 CaliforniaDisasterand 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. K. 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 tangible nonexpendable property, having a useful life of more than one year which costs $5,000 or more per unit. Items costing less than $5,000, but acquired under the "Equipment" category of the Grant shall also be listed on any required Equipment Ledger. Equipment shall be used by Subrecipient 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. Subrecipient shall make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 6 3. An Equipment Ledger shall be maintained listing each item of Equipment acquired with HSGP funds. The Equipment Ledger must be kept up to date at all times. Any changes shall be recorded in the Ledger within ten (10) business days and the updated Ledger is to be forwarded to the County of Los Angeles' Auditor -Controller Shared Services Division. The Equipment Ledger shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number, (d) the fund source/grant year of acquisition of the Equipment, including the award number, (e) date of acquisition, (f) the per unit acquisition cost of the Equipment, (g) location and condition of Equipment and (h) disposition data, including date and sale price , if applicable. Records must be retained pursuant to Title 28 C.F.R. Part 66.42. 4. All Equipment obtained under this Agreement shall have an appropriate identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken by the. Subrecipient and the results reconciled with the Equipment Ledger at least once every two years or prior -to any site visit by State or Federal auditors/monitors. The Subrecipient is required to submit a letter certifying as to the accuracy of the Equipment Ledger to the County of Los Angeles, in the frequency as above. L. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security --Grant Program, Guidance and Application Kit or subsequent grant year programs. M. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit, and must be first submitted to CEO and then pre -authorized by CalEMA. A catalog of Federally approved and sponsored training courses is available at http://www.oap.usdo'.gov/odr)/trainina.htm. N. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant"Program, Guidance and Application Kit. Detailed Homeland Security Exercise and -Evaluation Program Guidance is available at http://hseeD.dhs.gov. O. Subrecipient shall provide to County a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timefr-ame. Subrecipient shall submit the spending plan to County prior to final execution of the Agreement. P. Any organization activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Program Guidance and Application Kit. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 7 SECTION III PAYMENT §301. Payment of Grant Funds and Method of Payment A. The County of Los Angeles shall reimburse Subrecipient the grant amount of $64,039 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County. All expenditures shall be for the purchase of equipment, exercises, training, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the FY 2009 HSGP Grant Award Letter from CalEMA. B. Subrecipient shall submit invoices to the County of Los Angeles Auditor -Controller Shared Services Division requesting payment as soon as expenses are incurred and paid, and the required supporting documentation is available. Said timeframe should be within ten (10) business days of Subrecipient's payment to vendors and/or prescribed due dates by CEO and/or CaIEMA. Each reimbursement request shall be accompanied by the Reimbursement Request Checklist and Form (attached hereto as Exhibit G). All appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from CaIEMA-and a CaIEMA tracking number has been assigned to the course, and timesheets and payroll registers for all -training attendees. For exercise reimbursements, Subrecipient must enter the After Action Report and Improvement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise. For planning reimbursements, Subrecipient must include a description of the final tangible product as a result of the planning project. C. County may, at its discretion, and with CaIEMA approval, reallocate unexpended grant funds to another'Subrecipient. Said reallocation may occur upon completion of an approved project, or by notification to County by Subrecipient that a portion of the grant funds identified in §301 A., above, will not be utilized. Notwithstanding the provisions of §502, below, any increase or decrease in the grant -amount specified in §301 A., above, shall not require a written amendment to this Agreement. D. Payment of final invoice shall be withheld by the County of Los Angeles until the County has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein. Grants/SHSGP 2009/Subrecipient AgreemenWernon Agreement 8 F. 1. County's obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to Federal, State or County's legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the Board of Supervisors or the State or Federal Legislature does not allocate sufficient funds for the next succeeding fiscal year payments, services shall automatically be terminated as of the end of the then current fiscal year. 2. County shall make a good -faith effort to notify Subrecipient, in writing, of such non -appropriation at the earliest time. SECTION 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. §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 County of Los Angeles. This Agreement shall be enforced and interpreted under the laws of the State of California and the County of Los Angeles. 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 remainder of the Agreement shall not be affected thereby. Applicable Federal or State requirements that are more restrictive shall be followed. §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. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 9 §404. Breach 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. §405. Prohibition Against Assignment or Delegation Subrecipient may not, unless it has first obtained the written .permission of the County of Los Angeles: 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. §406. Permits Subrecipient and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and shall pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination,lapses, non renewals or restrictions of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action Subrecipient shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. Subrecipient shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). If required, Subrecipient shall submit an Equal Employment Opportunity Plan-("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at http://www.omp.usdoi.gov/about/ocr/eeop.htm. Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this §407 of this Agreement. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 10 §408. Indemnification Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision shall apply and shall be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. `The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to 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 Government Code Section 895.2. To achieve the above -stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for Liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. §409. Conflict of Interest A. The Subrecipient covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being _motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic -partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person -has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 11 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. The Subrecipient further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The Subrecipient shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between -said person and the Subrecipient. E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient shall disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. 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 County of Los Angeles, State of California, and Federal regulations regarding conflict of interest. G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The Subrecipient covenants that no member, officer or employee of Subrecipient shall have interest, direct or indirect, in any contract or subcontract or the.proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. I. The Subrecipient shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and shall substitute the term Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 12 "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor". §410. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §411. Statutes and Regulations Applicable To All Grant Contracts A.. Subrecipient shall comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient shall comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: Office of Management and Budget (OMB) Circulars Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and -Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A7133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act Since Federal funds are used in the performance of this Agreement, Subrecipient shall, as applicable, adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.;); OMB Circular A-133 and any administrative regulation or field memos implementing the Act. 3. Americans with Disabilities Act Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et sec., and its implementing regulations. Subrecipient 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. Subrecipient will not discriminate against Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 13 persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, 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. Subrecipient shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient shall require that the language of this Certification be included in the award documents for all sub -awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At any during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient shall make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S. Comptroller General and the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters 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 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 County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 14 Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles. 7. Subcontracts and Procurement Subrecipient shall, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Subrecipient shall, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor Agreements. The Subrecipient shall submit all Subcontractor Agreements to the County of Los Angeles for review prior to the release of any funds to the subcontractor. The Subrecipient 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 Subrecipient shall, as applicable, 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). Subrecipient 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). Subrecipient shall, as applicable, comply with the federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et seg. 9. Civil Rights Subrecipient shall, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 15 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental Subrecipient shall, as applicable, 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. Subrecipient shall comply, as applicable, 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). Subrecipient shall, as applicable, 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. Grants/SHSGP 2009/Subrecipient AgreemenVVernon Agreement 16 Subrecipient shall, as applicable, 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. Subrecipient shall, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. Subrecipient shall, as applicable, ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, Subrecipient ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seg. Subrecipient shall, as applicable, comply with the Energy Policy. and Conservation Act (P.L. 94-163, 89 Stat. 871). Subrecipient shall comply, as 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 Subrecipient shall, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 12. Suspension and Debarment Subrecipient shall, as applicable, comply with Title 28 C.F.R. Volume 67, Number 228, regarding Suspension and Debarment, and Subrecipient shall submit a Certification Regarding Debarment, attached here to as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the County of Los Angeles concurrent with the execution of this Agreement and shall certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient shall require that the language of this Certification be included in the award documents for all sub - award at all tiers and that all subcontractors shall certify accordingly. Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 17 13. Drug -Free Workplace Subrecipient shall, as applicable, comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701, Title 28 Code of Federal Regulations (CFR) Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient shall complete the Certification Regarding Drug -Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 14. Lobbying Activities Subrecipient shall, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference. 15. Miscellaneous Subrecipient shall, as applicable, 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 Subrecipient shall comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. Subrecipient shall, as applicable, 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. Tale 28 CFR Part 66; EO 12372; (Financial Management Guide US Department of Homeland Security Directorates Preparedness January 2006, Financial Guide; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, 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 Title 2, 6, 28,44 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 Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 18 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, 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 Subrecipient, as provided herein, shall be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Subrecipient'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 County of Los Angeles. Subrecipient's administrative -related travel and per diem reimbursement costs shall be reimbursed based on the Subrecipient's policies and. procedures. For programmatic -related travel costs, Subrecipient's reimbursement rates shall not exceed the amounts established by the County of Los Angeles. 3. Noncompliance Subrecipient understands that failure.to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of;Los Angeles of any unauthorized expenditures. C. Compliance With Grant Requirements To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in the 2009 Program Guidance and Application Kit and in the "Grant Assurances", attached hereto as Exhibit D. By signing these Grant Assurances and accepting the Program Guidances, the County Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 19 of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. Subrecipient shall be liable to the Grantor for any funds the State determines that Subrecipient used in violation of these Grant Assurances. Subrecipient shall indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances. §412. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and shall be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program. §413. _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 Subrecipient shall report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles shall report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State shall determine whether to seek protection on the Invention. The State 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, Title 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, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87,_52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient 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 County of Los Angeles shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the terms of the State or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the County of Los Angeles, at the County's discretion, may copyright the Material. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 20 If the County of Los Angeles declines to copyright the Material, the County of Los Angeles 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 State shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. Subrecipient shall comply with Title 24 CFR 85.34. D. Rights to Data The State and the County of Los Angeles 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 Title 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 State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)). E. Obligations Binding on, Subcontractors Subrecipient shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §414. Child Support Assignment Orders Under the terms of this Agreement, Subrecipient shall comply with California Family Code Section 5230 et seq. as applicable. §415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts, including, procurement, construction and personal services. This policy applies to all the Subrecipient's contractors and sub -contractors. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 21 SECTION V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501. Defaults Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. §502. Amendments Any change in the terms of this Agreement which are agreed to by the Subrecipient and County of Los Angeles must be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. Any increase or decrease in the grant amount specified in §301 A., above, shall not require a written amendment to this Agreement. SECTION 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 may be executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes (23) pages and (7) Exhibits which constitute the entire understanding and agreement of the parties. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 22 IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives. COUNTY OF LOS ANGELES S WILLIAM T FUJIOKA Date Chief Executive Officer By By SACHI A. HAMAI WENDY L. WATANABE Executive Officer, Board of Supervisors Auditor -Controller APPROVED AS TO FORM ANDREA SHERIDAN ORDIN County Counsel BY Principal Deputy County Counsel BY N� O City Representative/Title Date Hilario Gonzales, Mayor APPROVED AS TO FORM BY Interim City Attorney Date Willard G. Yamag i ATTEST BY City Jerk Date Willard G. Yama uc Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 23 EXHIBITS Exhibit A Certification and Disclosures Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions and Exhibit C Certification Regarding Drug -Free Workplace Exhibit D Grant Assurances Exhibit E Final Grant Award Letter and Worksheets Exhibit F Allowable Cost Matrix Exhibit G Reimbursement Request Checklist and Form EXHIBIT A EXHIBIT A CaIEMA 2-232 Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Ela. contract a: bid®ffer[application ❑ a. initial filing b. grant b. initial a❑ard b. material change c. cooperative agreement c. post-a❑ard d. loan For. Material Change only: _ e. loan guarantee Xear-.-._.__ _ _ f. loan insurance - --- -- --- - - --. _ - --- -- - - --- .Quarter -- date of last report 4. Name and Address of Reporting Entity: City of Vernon 5. If Reporting Entity in No. 4 is Subawardee, 4305 Santa Fe Ave. Enter Name and Address of Prime: Vernon, CA 90058 County of Los Angeles 500 W. Temple ❑rime Suba❑ardee Room 754 Tier, If known: Los Angeles, CA 90012 Congressional District, if known: 4c34 Congressional District, if known: 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: State Homeland Security Grant Program CODA ❑umberElfapplicable❑ 97.067 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services Ctf individualClast nameofirst namedvlOID [Attach Continuation SheetrsDSaLLL-All necessaryp [Oast names first name[M❑- include address if different from 10a❑ 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply): Actual Planned a. retainer 12. Form of Payment (check all that apply): b. one-time fee a. cash KK , _ - - - _ _... _ _ . .. - , - ,- - _ - c. commission b. in-Clndlispecify❑ .. W' d. contingent fee nature value e. deferred f. otherapecifyo 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11: [Attach Continuation Sheetcsoso-LLL-Adf necessary❑ 15. Continuation Sheet(s) SF-LLL-A attached: lies ❑o 16. Information re❑uested through this form is authoriCed by Title 31 U.S.C. Section 1352. Signature ❑his disclosure of lobbying activities is a material representation of fact upon Dhich reliance ❑as placed by the tier above ❑hen this transaction ❑as made or entered into. ❑ameD Marc Whitworth ❑his disclosure is repaired pursuant to 31 U.S.C. 1352. ❑his information Dill be title❑ City Administrator reported to the Congress semi-annually and Dill be available for public inspection. Any oelephone❑ 323 583-8811 person Oho fails to file the reDuired disclosure shall be sub[ect to a civil penalty of not (area code) less than ❑l01000 and not more than ❑1001000 for each such failure. Date❑ Federal Use Only: Authorized for Local Reproduction Standard Form - LLL Disclosure of Lobbying Activities - CaIEMA 2-232 (Revised 2/1/2009) Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES CONCONTINUATION SHEET Continuation of 10 a-lbadditional sheets may be added if necessary Reporting Entity: MI Last Name First Name i Address City Zip MI Last Name First Name Zip Address City Last Name First Name MI Zip Address City Last Name First Name MI 'Zip Address City Continuation of 14: (additional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11: Authorized for Local Reproduction Standard Form — l_LL-A Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) CaIEMA 2-232 Approved by OMB 0348-0046 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES - This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered.Federal action, or a material change to a previous filing, pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, -if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub -award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast -Guard. 7. Enter the Federal program name. or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub -grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.," RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) CaIEMA 2-232 Approved by OMB 0348-0046 10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b'.) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last. Name, First Name, and Middle Initial (MI). -----1-1 Enter -the -amount of compensation -paid or reasonably expected -to -be -paid by -the reporting -entity - - (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in - kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) EXHIBIT B EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS -- --This certification -is required by -the regulations -implementing Executive Order1 2549, -- Debarment and Suspension, 24 CFR Par t 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROWER/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE 17 e t*�t -D //- / G- - io ,TURE DATE INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance 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 'i.nto. If tit is later determined that he 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 on this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, /ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction, 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 form 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 EXHIBIT C 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. D907 by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's - workplace --and- specifying--the-actions that -will - be taken against- employees for violation 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 this 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 this 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 than five days after such conviction. 5. Notifying the County 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 by taking appropriate personnel action against such an employee, up to and including termination. 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of the provision of this certification. City of Vernon CONTRACTOR/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGN URE OF AUTHORIZED EPRESENTATIVE DAT AT T: Willard G. Yama c , Ci Clerk - EXHIBIT D EXHIBIT D California Emergency Management Agency FY09 Grant Assurances (All HSGR Applicants) Subrecipient Name oflie City of Vernon Address: 4305 Santa Fe Avenue City: Vernon State: CA Zip Code: 90058 Telephone Number: (323) 583-8811 Fax Number: (323) 826-1484 E-Mail Address: jwinegar@covpd.org subrepipient subreci ient As the duly authorized representative of the Wit, I. certify that thes�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 U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. Will comply with any cost sharing commitments included in the FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 4. 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, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. 6. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 7. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 8. Will maintain procedures to minimize the time elapsing between the award of funds and the 'disbursement of funds. 9. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 10. 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. 11'. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 12. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 13. 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. 14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 15. Will comply with all Federal Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. 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 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. JJA Page 2 Tn;r; i - , j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that 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, gender, 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... . 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. in. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 16. Will comply 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. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 17. 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 ten thousand dollars ($10,000) or more. 18. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 19. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, communications towers, physical security enhancements, new construction and modifications to buildings that are fifty (50) years old or more. Any construction related activities initiated prior to full EHP review will result in a noncompliance finding. If ground -disturbing activities occur during the project implementation, the recipient must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered _Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality. (E011514).: b. Notification of violating_facilitie-s_p_ursuant-to E0.11738_. C. 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.). d. 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.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. 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. h. Applicable provisions 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. 22. 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. 23. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEAM's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies ofFEAM's Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department. of Homeland Security. " 24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 25. The recipient agrees to consult with DHS/FEMA/C.al EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 26. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees 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. Page 4 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. 27. 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 specif ed in Appendix A of OPM's Standards for a Merit System of__ Personnel Administration (5 C.F.R. 900, Subpart F). 28. 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. 29. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 30. 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. 31. 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. 32. 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 327-338), regarding labor standards for Federally assisted construction sub -agreements. 33. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative -agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is. a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a Page 5 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. 34. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of 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, 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. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 35. 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. 36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E:O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 37. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 41. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial Management Guide. 42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2009 Homeland Security Grant Page 6 Tn;t; 7 Program application. Further, use of FY09 funds is limited to those investments included in the California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through'the peer review process. 43. 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". 44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. 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. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 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. 45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that itwill 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: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. 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 i. Abide by the terms of the statement; and Page 7 ii. 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. i. 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 ii. 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). 46. 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. 47. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized b the above namedsub ecipient Y-�isarA-to enter into this agreement for and on behalf of the said sient Signature of Authorized Agent: Printed Name of Authorized Agent: Mark Whitworth Title City. Administrator Date: ! l — / -''-0 Page 8 EXHIBIT E EXHIBIT E.. j ARNOLD SCHINIAR ZENEGGE R 3650 SCHRTEvER AVENIJI GOVERNOR E•MA MATHER, CA 95655 MATTHEW R. BETTENHAUSEN ya!'i a. PHONE (916) 845-8510 SECRETARY FAX (916).324-5902 CALIFORNIA E+ MERGE'k Y MANAGEMENT AGENCY GRANTS MANAGEMENT DIVISION _ _ . _rul�._16,�,010._._ __,__ .• • Ms. Carol Kindler County of Los Angeles 500 W. Temple Drive, Room .754 Los Angeles, CA 90012 Subject: NOTIFICATION OF CONDITIONAL HOLD REMOVAL FY2009 Homeland Security Grant Program (HSGP) Grant #2009-0019, Cal EMA ID# 037-00000 Dear Ms, Kindler: The California Emergency Management Agency (Cal EMA) has removed the "Conditional Hold" placed on your FY2009 Homeland Secuurity. Grant Program (HSGP) award and created performance milestones for the following projects: Performance Milestones: _ Amount Completion Date B LARICS PLANNING $2,500,000 08/31/11 C .INTEROP Comm EQUIPMENT $1,000,000 08/31/11 D INFO SHARING EQUIPMENT $1,000,000 08/31/11 D TLO TRAINING $ 200,000 08/31/11 E CIEQuiPMENT $ 500,000 08/31/11 E Cl TRAINING $ 300,000 08/31/11 F CBRNE EQUIPMENT $1,250,000 08/31/11 F CBRNE TRAINING $ 300,000 08/31/11 F CBRNE PLANNING $ 200,000 08/31/11 G MMRS EQUIPMENT $ 300000 08/31/11 H RTTAC EQuinaw $ 250,000 08/31/11 Additionally, Aviation/Watercraft requests, Establish/Enh"ance Emergency Operations Center (EOC) projects, projects requiring EHP review at FEMA/DHS and sole source procurement requests will require additional approvals from Cal EMA. For that reason Project(s) A, C, D; E, F, G,.and H are not approved•at this time, pending receipt of required supplemental documentation and/or approval from FEMA/DHS. Subgrantees must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this grant. Subgrantees are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with homeland security dollars. For further assistance, please contact your Cal EMA Interlm Program Representative, Leo LaMattina, in the Grants Management Division at leo.lamattina@calema.ca.gov or 916-324-6347. Thank you for your work in protecting California. We look forward to your continued collaboration towards our homeland security strategy and appreciate your cooperation and support. Sincerely, Ursula Harelson, Chief Homeland Security Grants Section 2009 SHSGP PROJECT FUNDING DISTRIBUTION 6/22/2010 EXHIBIT F EXHIBIT F 63 W 65 EXHIBIT G REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT EXHIBIT G ❑ Grant Reimbursement Form with authorized signature and date ❑ Invoice: Must be stamped or write "PAID", signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receipt the items requesting reimbursement. Each item circled must have a project #, a funding SOURCE, and TOTAL. Purchase orders and price quotes will not be accepted as proof of purchase for reimbursement. ❑ Purchase Method ❑ Competitive bid ❑ Sole Source (Prior State approval attached) Invoice NO.: ❑ Reviewed Federal Debarment Listing: hftp://www.epis.gov/epls/search.do ❑ No. El es, screen listing is attached. FOR EQUIPMENT: Equipment Inventory Ledger, completed the listing with all requested information, including: Project # & alpha, Equipment Description, ❑ AEL #, AEL Title, Invoice #, Vendor, Total Cost, Cash Request #, Invoice Date, Acquired Date, Serial #/ ID Tag #, Condition and Disposition, Deployed Location and Grant Year. www.rkb.us FOR TRAINING/EXERCISE/PLANNING: ❑ Training/Exercise Summary completed listing including: employee name, assignment (backfill for name of employee attending training/exercise), Job Title, Training Request #, Training date, Salary, total Hours, Overtime hours, regular rate, Overtime rate, employee benefits rate, total claim amount. • For Training — Training Request# is required • For Planning — Submit proof of products produced (i.e. mutual aid agreements, assessments, etc.) • For Exercise — Proof of AAR submission and State approval. Submit AAR into the ODP Portal within 60 days following the completion of the event. ❑ Roster: FIII out a Training or Planning or Exercise Roster, whichever is applicable to this claim. ❑ Timecards: indicating the # of hours charged per day, employee signature & supervisor signature ❑ Payroll register indicating the salary, hourly rate, employee benefits, Overtime rate. ❑ Sign -in sheets or attendance,sheets or Certificate of Completion (if claiming for Backfill and/or Overtime); if sign -in sheets or certificates are not available, trainees should provide their your own proof of attendance by completing their own sign -in sheet and have the Trainer sign the sheet indicating proof of attendance. Additional Items: Travel —Receipts are required for itemized costs such as plane ticket/invoice, hotel Invoices and training receipts with the dates of invoices agreeing with the training and exercise period. Workshop —Invoices for instructor, facilities, contractor and consulting services. *Al1 fHO IZED SI,GI�ATURE (DAT go K" 03 = a r Under Penally of Perjury I certify that: I am the duly authorized officer of the claimant herein. This claim Is in all respect true, correct, and all expenditures were made, In accordance with applicable laws, rules, regulations and grant conditions and assurances. �*AYITHORIZ�D SIGNE�`N�11V�E�ITL�Ef�` ; "� '¢ Checklist Thank you for participating in the Homeland Security Grant Program. In order to complete your claim, please follow the checklist on the first tab of this workbook and attach the required supporting documents for all items for which you are requesting reimbursement. Xeose submit invoices -to -Shared Services -Division -as soon as expenses are -incurred and the -required invoice and other -supporting - - — - documentation is available. Do NOT accumulate and submit all claims and invoices on the final due date. Failure to submit your claim in a timely manner with the required supporting documents could result in unreimburseable expenses and/or reallocated awards. DATE MAKE CHECKS PAYABLE TO: MAILING ADDRESS CITY, ZIP PHONE Under Penalty of Perjury I certify that: I am the duly authorized officer of the claimant herein. This claim is in all respect true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances. HSGP Homeland Security Grant Program RTTAC Regional Terrorism Threat Assessment Center MMRS Metropolitan Medical Response System TAXPAYERID# E-mail Please fax reimbursement requests to: SHARED SERVICES DIVISION Attn: GRANTS UNIT Fax (213) 947-5809 SOLUTION AREA (Equipment, Training, Planning, Exercise) TOTAL BY FUNDING SOURCE TOTAL Project # HSGP RTTAC MMRS CLAIM Invoice Number (e.g., 41 C) 0,00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS 0.00 0,00 0.00 0.00 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 11, 2011 TO: Jerry Winegar, Lieutenant FROM: Willard Yamaguchi, City Clerk RE: Subrecipient Agreement — Grant Year 2009 State Homeland Security Grant Program Transmitted herewith is a copy of the fully executed original above -referenced agreement and a copy of Resolution No. 2010-172 approved by City Council on November 15, 2010. Thank you. WY:dj Attachment c: Rory Burnett Daniel Calleros James Rodino Mark Whitworth Resolution No. 2010-172 Agreement No. 10-081 County of Los Angeles CHIEF EXECUTIVE OFFICE Kenneth Hahn Hall of Administration 500 West Temple Street, Room 713, Los Angeles, California 90012 (213) 974-1101 http://ceo.lacounty.gov WILLIAM T FUJIOKA Chief Executive Officer January 5; 2011 Willard G. Yamaguchi, City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Yamaguchi: Board of Supervisors GLORIA MOLINA First District MARK RIDLEY-THOMAS Second District ZEV YAROSLAVSKY Third District DON KNABE _ Fourth District MICHAEL D. ANTONOVICH -Fifth District 2009 STATE HOMELAND SECURITY GRANT AGREEMENT Enclosed for your files is an executed 2009 State Homeland Security Grant Agreement between your City and the County of Los Angeles. This Agreement provides the basis for the City to make approved expenditures and seek reimbursement under the grant. However, prior to the City moving forward, request(s) for sole source procurement, if applicable, must be secured from the State. If you have any questions regarding this Agreement should be directed to me at ckindler .ceo.lacounty.gov or (213) 974-1154. Questions about requests for sole source procurement should be directed to Heather Singh at hsingh(a)-ceo.lacounty.gov or (213) 974-2319. Sincerely yours, WILLIAM T FUJIOKA Chief Executive Officer Carol Kindler, Manager Chief Executive Office WTF:CK:hgdrive Enclosure c: Lieutenant Jerry Winegar Vernon Police Department (w/o enclosure) RECENVED Homeland Security Grants/2009SHSGP/Subrecipient Agreements and Transmittals/ JAN 112011 Vernon Approved Agreement Transmittal "To Enrich Lives Through Effective And Caring Service" CITY CLERK'S OFFICE Subrecipient Agreement Between the Countv of Los Angeles and The City of Vernon Grant Year 2009 State Homeland Securitv Grant Program HOA.705809.1 County of Los Angeles CHIEF EXECUTIVE OFFICE Kenneth Hahn Hell of Administration 500 West Temple Street, Room 713, Los Angeles, California 90012 (213) 974-1101 httpJ/ceo.lacounty.gov WILLIAM T FLIJIOKA Chief Executive Officer March 9, 2012 Willard G. Yamaguchi, City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Yamaguchi: 2009 Homeland Security Grant Program Subrecipient Agreement RECF=vv F' MAR 19 2012 CITY CLfRlt'S U iUE Board of Supervisors GLORIA MOLINA First District MARK RIDLEY-THOMAS Second District ZEV YAROSLAVSKY Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Fifth District Your agency has a Subrecipient Agreement with the County of Los Angeles for funding under the 2009 Homeland Security Grant Program (SHSGP). The grant and the agreement are managed through the Chief Executive Office (CEO) on behalf of the County. After reviewing our 2009 Subrecipient Agreements, it has come to our attention that the CFDA information is incorrect. The correct CFDA information is as follows: CFDA Title: FY 2009 Homeland Security Grant Program (HSGP) CFDA Number: 97.067 Award Name: FY 2009 Homeland Security Grant Program We have changed page 1 of the subrecipient agreement (see attached) to include this information as well. Please insert this new page into your original subrecipient agreement to include the correct information. This information brings us into compliance with the grant requirements that we notify subrecipients of the CFDA number they are being awarded. Should you have any questions regarding this matter, please contact Heather Singh at (213) 974-2319 or via e-mail at hsingh(cDceo.lacounty.gov. Sincerely, a. Carol Kindler, Manager County Disaster Administrative Team CK:hg/n c: Jerry Winegar, Lieutenant, Vernon Police Department (w/o enclosure) Grants/2009 HSGP/Subrecipient AgreementsNernon CFDA 97.067 Notification to Subrecipients 030912 `To Enrich Lives Through Effective And Caring Service" SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles" ), and the City of Vernon, a public agency (the "Subrecipient") WITNESSETH WHEREAS, the U.S. Department of Homeland Security Title 28 C.F.R. through the Office of Grants and Training (G&T), has provided financial assistance from the Homeland Security Grant Program, Catalog of Federal Domestic Assistance (CFDA) 97.067 "directly to the California Emergency Management Agency (CaIEMA) for the 2009 Homeland Security Grant Program (HSGP); and WHEREAS, the CaIEMA, provides said funds to the Los Angeles County Chief Executive Officer (CEO) as its Subgrantee, and CEO is responsible for managing the Grant and overseeing the funds which are distributed, by CEO, to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, exercise and planning management needs of the Subrecipient, and to assist Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the CEO as Subgrantee has obtained approval of an HSGP 2009 Grant from CaIEMA for the Subrecipient in the amount of $64,039; and WHEREAS; the CEO now wishes to distribute HSGP Grant Funds to the Subrecipient, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re -allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County Board of Supervisors on June 29, 2010 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows: 1 Grants/SHSGP 2009/Subrecipient Agmement/Vernon Agreement SECTION I INTRODUCTION §101. Parties to this Agreement The parties to this Agreement are: A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and B. City of Vernon, a public agency, 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 County of Los Angeles shall be, unless otherwise stated in this Agreement: Carol Kindler, Manager Chief Executive Office, Los Angeles County (LAC) 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 974-1154 Fax: (213) 687-3765 Ckindler@ceo.lacounty.gov With -a copy to: Norman -Braverman, Grants Manager Chief Executive Office, LAC 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 893-7955 Fax: (213) 687-3765 Nbraverman @ceo.lacounty.gov Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 2 2. The representative of Subrecipient shall be: Name and Title:Willard G. Yamaguchi, City Clerk Organization city of Vernon Address: 4305 Santa Fe Avenue City/State/Zip: Vernon, CA 90058 Phone: (323) 583-8811 Fax: (323) 583-1438 Email: wyamaguchi@ci.vernon.ca.us With a copy to: Name and Title: Jerry Winegar, Lieutenant Organization Vernon Police Department Address: 4305 Santa Fe Avenue City/State/Zip: Vernon, CA 90058 Phone: (323) 583-5171 Fax: (323) 826-1484 Email: jwinegar@coved.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 and/or title 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. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 3 §103. Independent Party Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. No employee of Subrecipient is, or shall be an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement. §104. Conditions Precedent to Execution of This Agreement Subrecipient shall provide the following signed documents to the County of Los Angeles, unless otherwise exempted: A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement. Subrecipient shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient. B. Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement. C. Certification Regarding Drug -Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement. D. Certification of Assurances — Non -Construction Programs, attached hereto as Exhibit D and made a part hereof, in accordance with §411.0 of this Agreement. SECTION II TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence upon execution by all parties and shall expire on the later of April 30, 2012, or if as of such date, not all activities required by this Agreement have been completed, then the Agreement shall expire on such later date that all such required activities, including close-out activities, are completed. Said term is subject to the provisions herein. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 4 §202. Use of Grant Funds A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budgetlexpenditure plan, hereinafter `Budget," for the HSGP FY 2009 Grant, which has been approved by the California Emergency Management Agency. This information is contained in a copy of the final grant award letter and a worksheet, attached hereto as Exhibit E. Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County's review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not respond, CEO will issue a letter indicating that the requested modification will be denied. Modifications must be approved in writing by the County of Los Angeles and CalEMA during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect. Subrecipient shall utilize grant funds in accordance with all Federal regulations and State Guidelines. B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. C. Subrecipient shall review the Federal Debarment Listing at http://www.epls.gov/epls/search.do prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified. D. Prior to the purchase of equipment or services utilizing a sole source contract, justification must be presented to CEO, who upon review will request approval from CalEMA. Such approval in writing must be obtained prior to the commitment of funds. E. Subrecipient shall interface with CEO's Grant Management System as it may exist at the time of contract execution or during the term of the Agreement. F. Subrecipient shall provide monthly status reports to CEO indicating their progress -on meeting program goals and the submission of claims for reimbursement along with any reports requested by the County of Los Angeles regarding performance of this Agreement. Reports shall be in the form requested by the County of Los Angeles, and shall be provided by the 15th of the following month. G Subrecipient shall provide a copy of their Annual Single Audit Report, as required by Office of Management and Budget circular A-133, to CEO no later than March 31st of the year following the reporting period. H Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit finding. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 5 I. Subrecipient will be monitored by the County of Los Angeles on an annual basis to ensure compliance with CalEMA grant program requirements. Said monitoring will include, at a minimum, one on -site visit during the term of this Agreement. J. Any equipment acquired pursuant to this Agreement shall be authorized in the G&T Authorized Equipment List (AEL) available online at htti)://www.rkb.mil)t.org and the Allowable Cost Matrix to the 2009 Homeland Security Grant Program, Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit F. Subrecipient shall provide the County of Los Angeles a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements. Federal procurement requirements for the HSGP 2009 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. Will be 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. K. 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 tangible nonexpendable property, having a useful life of more than one year which costs $5,000 or more per unit. Items costing less than $5,000, but acquired under the "Equipment" category of the Grant shall also be listed on any required Equipment Ledger. 1. Equipment shall be used by Subrecipient 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. Subrecipient shall make Equipment available for use on other Like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. Grants/SHSGP 2009/Subrecipient Agreement Vernon Agreement 6 3. An Equipment Ledger shall be maintained listing each item of Equipment acquired with HSGP funds. The Equipment Ledger must be kept up to date at all times. Any changes shall be recorded in the Ledger within ten (10) business days and the updated Ledger is to be forwarded to the County of Los Angeles' Auditor -Controller Shared Services Division. The Equipment Ledger shall include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number, (d) the fund source/grant year of acquisition of the Equipment, including the award number, (e) date of acquisition, (f) the per unit acquisition cost of the Equipment, (g) location and condition of Equipment and (h) disposition data, including date and sale price , if applicable. Records must be retained pursuant to Title 28 C.F.R. Part 66.42. 4. All Equipment obtained under this Agreement shall have an appropriate identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken by the Subrecipient and the results reconciled with the Equipment Ledger at least once every two years or prior to any site visit by State or Federal auditors/monitors. The Subrecipient is required to submit a letter certifying as to the accuracy of the Equipment Ledger to the County of Los Angeles, in the frequency as above. L. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit or subsequent grant year programs. M. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit, and must be first submitted to CEO and then pre -authorized by CalEMA. A catalog of Federally approved and sponsored training courses is available at http://www.oip.usdom.gov/odo/training.htm. N. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Guidance and Application Kit. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov. O. Subrecipient shall provide to County a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient shall submit the spending plan to County prior to final execution of the Agreement. P. Any organization activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2009 Homeland Security Grant Program, Program Guidance and Application Kit. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 7 SECTION III PAYMENT §301. Payment of Grant Funds and Method of Payment A. The County of Los Angeles shall reimburse Subrecipient the grant amount of $64,039 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County. All expenditures shall be for the purchase of equipment, exercises, training, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the FY 2009 HSGP Grant Award Letter from CaIEMA. B. Subrecipient shall submit invoices to the County of Los Angeles Auditor -Controller Shared Services Division requesting payment as soon as expenses are incurred and paid, and the required supporting documentation is available. Said timeframe should be within ten (10) business days of Subrecipient's payment to vendors and/or prescribed due dates by CEO and/or CaIEMA. Each reimbursement request shall be accompanied by the Reimbursement Request Checklist and Form (attached hereto as Exhibit G). All appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment and packing slips. For training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from CalEMA and a CalEMA tracking number has been assigned to the course, and timesheets and payroll registers for all training.attendees. For exercise reimbursements, Subrecipient must enter the After Action Report and Improvement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise. For planning reimbursements, Subrecipient must include a description of the final tangible product as a result of the planning project. C. County may, at its discretion, and with CaIEMA approval, reallocate unexpended grant funds to another Subrecipient. Said reallocation may occur upon completion of an approved project, or by notification to County by Subrecipient that a portion of the grant funds identified in §301 A., above, will not be utilized. Notwithstanding the provisions of §502, below, any increase or decrease in the grant amount specified in §301 A.,. above, shall not require a written amendment to this Agreement. D. Payment of final invoice shall be withheld by the County of Los Angeles until the County has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein. Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 8 F. 1. County's obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to Federal, State or County's legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the Board of Supervisors or the State or Federal Legislature does not allocate sufficient funds for the next succeeding fiscal year payments, services shall automatically be terminated as of the end of the then current fiscal year. 2. County shall make a good -faith effort to notify Subrecipient, in writing, of such non -appropriation at the earliest time. SECTION 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. §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 County of Los Angeles. This Agreement shall be enforced and interpreted under the laws of the State of California and the County of Los Angeles. 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 remainder of the Agreement shall not be affected thereby. Applicable Federal or State requirements that are more restrictive shall be followed. §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. Grants/SHSGP 2009/Subrecipient Agreement/vernon Agreement 9 §404. Breach 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. §405. Prohibition Against Assignment or Delegation Subrecipient may not, unless it has first obtained the written permission of the County of Los Angeles: 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. §406. Permits Subrecipient and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and shall pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action Subrecipient shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition. Subrecipient shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). If required, Subrecipient shall submit an Equal Employment Opportunity Plan (" EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed at http://www.owp.usdo'.gov/about/ocr/eeop.htm. Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this §407 of this Agreement. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 10 §408. Indemnification Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision shall apply and shall be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to 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 Government Code Section 895.2. To achieve the above -stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. §409. Conflict of Interest A. The Subrecipient covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A .member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The -subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seg. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. Grants/SHSGP 2009/Subrecipient AgreemenWernon Agreement 11 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. The Subrecipient further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The Subrecipient shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Subrecipient. E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient shall disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. 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 County. of Los Angeles, State of California, and Federal regulations regarding conflict of interest. G. The Subrecipient warrants that it has not paid or, given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The Subrecipient covenants that no member, officer or employee of Subrecipient shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. I. The Subrecipient shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and shall substitute the term Grants/ SHSGP 2009/Subrecipient AgreementNernon Agreement 12 "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor". §410. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient shall comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient shall comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars Subrecipient shall comply with OMB Circulars, as applicable: OMB Circular A-21 (Cost Principles for Educational Institutions); OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments); OMB Circular A-102 (Grants and Cooperative Agreements with State and Local Governments); Common Rule, Subpart C for public agencies .or OMB Circular A-110 (Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations); OMB Circular A-122 (Cost Principles for Non -Profit Organizations); OMB Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations. 2. Single Audit Act Since Federal funds are used in the performance of this Agreement, Subrecipient shall, as applicable, adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.;); OMB Circular A-1.33 and any administrative regulation or field memos implementing the Act. 3. Americans with Disabilities Act Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient 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. Subrecipient will not discriminate against f, Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 13 persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, 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. Subrecipient shall file a Disclosure Form at the end of each calendar quarter in Which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient shall require that the language of this Certification be included in the award documents for all sub -awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient shall make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S. Comptroller General and the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County regarding performance of this Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters 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 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. T116 County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 14 Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles. 7. Subcontracts and Procurement Subrecipient shall, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Subrecipient shall, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor Agreements. The Subrecipient shall submit all Subcontractor Agreements to the County of Los Angeles for review prior to the release of any funds to the subcontractor. The Subrecipient 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 Subrecipient shall, as applicable, 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). Subrecipient 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). Subrecipient shall, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et sea. 9. Civil Rights Subrecipient shall, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 15 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 Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. • Environmental Subrecipient shall, as applicable, 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. Subrecipient shall comply, as applicable, 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). Subrecipient shall, as applicable, 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. Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 16 Subrecipient shall, as applicable, 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. Subrecipient shall, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. Subrecipient shall, as applicable, ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, Subrecipient ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et sea. Subrecipient shall, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). Subrecipient shall comply, as 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 Subrecipient shall, as applicable, comply with Section 106 of the National Historic, Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 12. Suspension and Debarment Subrecipient shall, as applicable, comply with Title 28 C.F.R. Volume 67, Number 228, regarding Suspension and Debarment, and Subrecipient shall submit a Certification Regarding Debarment, attached here to as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the County of Los Angeles concurrent with the execution of this Agreement and shall certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient shall require that the language of this Certification be included in the award documents for all sub - award at all tiers and that all subcontractors shall certify accordingly. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 17 13. Druq-Free Workplace Subrecipient shall, as applicable, comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701, Title 28 Code of Federal Regulations (CFR) Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient shall complete the Certification Regarding Drug -Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. 14. Lobbying Activities Subrecipient shall, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference. 15. Miscellaneous Subrecipient shall, as applicable, 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 Subrecipient shall comply with all applicable requirements of State and, Federal laws, executive orders, regulations, program and administrative requirements, policies and any ether requirements governing this particular grant program. Subrecipient shall, as applicable, 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: Title 28 CFR Part 66; EO 12372; (Financial Management Guide US Department of Homeland Security Directorates Preparedness January 2006, Financial Guide; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, 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 Title 2, 6, 28,44 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 Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 18 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, 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 Subrecipient, as provided herein, shall be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Subrecipient'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 County of Los Angeles. Subrecipient's administrative -related travel and per diem reimbursement costs shall be reimbursed based on the Subrecipient's policies and. procedures. For programmatic -related travel costs, Subrecipient's reimbursement rates shall not exceed the amounts established by the County of Los Angeles. 3. Noncompliance Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. C. Compliance With Grant Requirements To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements.are included in the 2009 Program Guidance and Application Kit and in the "Grant Assurances", attached hereto as Exhibit D. By signing these Grant Assurances and accepting the Program Guidances, the County Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 19 of Los Angeles became liable to the State, for any funds that are used in violation of the grant requirements. $ubrecipient shall be liable to the Grantor for any funds the State determines that Subrecipient used in violation of these Grant Assurances. Subrecipient shall indemnify and hold harmless the County of Los Angeles, for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances. §412. Federal. State and Local Taxes Federal, State and local taxes shall be the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and shall be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program. §413. 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 Subrecipient shall report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles shall report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State shall determine whether to seek protection on the Invention. The State 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, Title 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, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient 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 County of Los Angeles shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the terms of the State or of this Agreement, when copyrightable material (Material) is developed under this Agreement, the County of Los Angeles, at the County's discretion, may copyright the Material. Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement 20 If the County of Los Angeles declines to copyright the Material, the County of Los Angeles 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 State shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. Subrecipient shall comply with Title 24 CFR 85.34. D. Rights to Data The State and the County of Los Angeles 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 Title 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 State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)). E. Obligations Binding on Subcontractors Subrecipient shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §414. Child Support Assignment Orders Under the terms of this Agreement, Subrecipient shall comply with California Family Code Section 5230 et seq. as applicable. §415. Minority. Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts, including procurement, construction and personal services. This policy applies to all the Subrecipient's contractors and sub -contractors. 21 Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement SECTION V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non -breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law. §502. Amendments Any change in the terms of this Agreement which are agreed to by the Subrecipient and County of Los Angeles must be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. Any increase or decrease in the grant amount specified in §301 A., above, shall not require a written amendment to this Agreement. SECTION 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 may be executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes (23) pages and (7) Exhibits which constitute the entire understanding and agreement of the parties. 22 Grants/SHSGP 2009/Subrecipient Agreement/Vernon Agreement IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives. COUNTY OF LOS ANGELES By WILLIAM UJI Chief Executive Officer By fiX'm-- ` - r`''`�'� SAtHI A. HAMA�B4 4 Executive Office,of Supervisors APPROVED AS TO FORM ANDREA SHERIDAN ORDIN County Counsel BY Principal Deputy Count ounsel City Rep resentative/Title Hilario Gonzales, Mayor APPROVED AS TO FORM Interim ATTEST BY ' City Clerk Willard G. Yam i /. q.loi( Date WENDY L TANABE Auditor -Co roller Da e 1 r —/ C1 C'a Date Date Grants/SHSGP 2009/Subrecipient AgreementNernon Agreement 23 EXHIBITS Exhibit A Certification and Disclosures Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions and Exhibit C Certification Regarding Drug -Free Workplace Exhibit D Grant Assurances Exhibit E Final Grant Award Letter and Worksheets Exhibit F Allowable Cost Matrix Exhibit G Reimbursement Roquest Checklist and Form EXHIBIT A CaIEMA 2-232 Approved by 0ME3 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES COMDlete this form to diSnlnsA Inhhvinri arttivifiice niirciion++n A4 I 1 Q it 4vc•f 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract - abid[offerCapplication b. a. initial filing , 9 grant b.: initial a❑ard c. cooperative agreement c. post-a❑ard b. material change d. loan: For Material Change Only: ----__.— . e. loan guarantee _-- -__-.. f. loan insurance -year-- - -- ---- - --. Quarter..- - - -- date of last repoit 4. Name and Address of Reporting Entity: City of Vernon 4305 .5. If Reporting Entity in No. 4 is Subawardee, Santa Fe Ave. Vernon, CA 90058 Enter Name and Address of Prime: County of Los Angeles 500 W. Temple ❑rime Suba❑ardee Room 754 Los Angeles, CA 90012 Tier, If known: Congressional District, ffknown: 4c34 Congressional District, if known: ' 6. Federal Department/Agency: 7. Federal Program Name/Description: (1ci' P/UM'rtAN6 J State Homeland Security Grant Program C❑DA ❑umberClf applicable❑ 97.067 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity Gf individualrJast name❑lirst name[Mom b. Individuals Performing Services [Attach Continuation Sheet[&DSo-LLL-ACIf necessary❑ / " n [Past nameCfirst namecM4 include address if different from 10a❑ 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply): Actual Planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): a. cash ,-------.------------«---µ----µ--- c. commission b. in-Lind❑specify❑ { --------------.------,.� .. _ d. contingent fee e. deferred nature value f. otherDBpecify❑ 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11: [Attach Continuation SheetaoSaLLL-AL7f necessary❑ 15. Continuation Sheet(s) SF-LLL-A attached: 0 Des ❑o _ \ 16. Information relliested through this form is authoriclad by Title 31 U.S.C. Section 1352. Signature❑ ❑his disclosure of lobbying activities is a material representation of fact upon ❑hich reliance ❑as placed by the tier above ❑hen this transaction oas made or entered into. ❑ame❑ rk Whitworth ❑his disclosure is reatired pursuant to 31 U.S.C. 1352. ❑his information ❑ill be Eltle❑ City Administrator reported to the Congress semi-annually and Dill be available for public inspection. Any person ❑ho fails to file the reDuired disclosure shall be subEct to a civil penalty of not Delephone❑ 323 583-8811 less than ❑101000 and not more than ❑1001000 for each such failure. (area code) Date❑ Federal Use Only: Authorized for Local Reproduction Standard Form - LLL Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES CONCONTINUATION SHEET Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity: MI Last Name First Name Address City Zip Last Name First Name MI Zip Address City MI Last Name First Name Address City Zip MI Last Name First Name Zip .Address City Continuation of 14: (additional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11: Authorized for Local Reproduction Standard Form — LLL-A Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) CaIEMA 2-232 Approved by OMB 0348-0046 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered. Federal action, or a material change to. a previous filing,. pursuant to Title 31 U.S.0 Section 1352. The filing of a form is required for each payment or a m reeent o ma a payment to any lobbying entity 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 a covered Federal action. Use the SF-LLL=A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of .Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional -District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub -award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub -grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) OPI.EMA 2-232 Approved by OMB 0348-0046 10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b`.) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). - -------1-1.- Enter -the -amount of compensation- paid -orreasonably expected to be paid -by -the reportingentity =-- - (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in - kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that appl)p. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) EXHIBIT B EXHIBIT B _ . CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS -This-certification is required--by1he regulations -implementing -Executive Order 1-2549, Debarment and Suspension, 24 CFR Par t 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER City of Vernon CONTRACTOR/BORROW ER/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE PIG tTURE DATE AT ST• r Willard G. a agu hilCkty Clerk INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance 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 tit is later determined that he 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 on this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction,. 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 form 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 EXHIBIT C 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. D907 by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's _. - _ - - --- - - workplace- and -specifying -the --action- -thatwill-- 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; A 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 this 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 this 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 than five days after such conviction. 5. Notifying the County 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 by taking appropriate personnel action against such an employee, up to and including termination. 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of the provision of this certification. City of Vernon CONTRACTOR/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNAT RE OF AUTHORIZED REPRESENTATIVE DATE/` ATT T : Willard G. Yau►acVi, Ci y Clerk EXHIBIT D EXHIBIT D California Emergency Management Agency FY09 Grant Assurances (All HSGP Applicants) Subrecipient Name of A9p1i64R City of Vernon Address: 4305 Santa Fe Avenue City: Vernon State: CA Zip Code: 90058 Telephone Number: (323)583-8811 Fax Number: (323) 826-1484 E-Mail Address: jwinegar@covpd.org subrecipient ubreci ient As the duly authorized representative of the taut, I certify that then l named above: 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 U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 2. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between programs (State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 3. Will comply with any cost sharing commitments included in the FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA, where applicable. 4. 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, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool 6. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 7. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 Will maintain procedures to minimize the time elapsing between. the award of funds and the disbursement of funds. 9. Will comply with all provisions of DHS/FEMA's codified regulation 44, including Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. - — ..- 10. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, orpresents the appearance of, personal or organizational conflict of interest, o-r personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees shall use small, minority, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 12. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 13. 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. 14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 15. Will comply with all Federal Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. 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. § 3661 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. Page 2 Initi Is J. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that 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, gender, 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. 1. Will provide an Equal Employment Opportunity Plan; if applicable, to the Department of _ Justice Office of Civil Rights within 60 days of grant award. in. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 16. Will comply 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. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 17. 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 ten thousand dollars ($10,000) or more. 18. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal_ funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 19. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, communications towers, physical security enhancements, new construction and modifications to buildings that are fifty (50) years old or more. Any construction related activities initiated prior to full EHP review will result in a noncompliance finding. If ground -disturbing activities occur during the project implementation, the recipient must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the recipient will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains. (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (E011514). b. Notification of violating_facilities_pursuant to EO__1.1738. - -- C. 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.). d. 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.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. 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. h. Applicable provisions 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. 22. 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. 23. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEAIA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEAM's Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department. of Homeland Security. " 24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 26. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees 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.. Page 4 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. 27. 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, SubpartF). 28. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1509 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 29. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 30. 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. 31. 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. 32. 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. 33. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts.under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is. a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a Page 5 T,,;r;�i 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. 34. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of 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, 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. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 35. 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. 36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 37. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 40. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 41. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial Management Guide. 42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2009 Homeland Security Grant Page 6 Initials- Program application. Further, use of FY09 fluids is limited to those investments included in the California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 43. 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". 44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. 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. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 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. 45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that itwill 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: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. 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 i. Abide by the terms of the statement; and Page 7 Ini als ii. 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. i. 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 ii. 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). 46. 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. 47. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above namedsub eci to enter into this agreement for and on behalf of the said sient Signature of Authorized Agent: 1Ak71_) - Printed Name of Authorized Agent: Mark Whitworth Title: City Administrator Date: Page 8 EXffiBIT E EXHIBIT E.- ARNOLD SCI-MIARZENEGGI R 3650 SCHRIEVERAVENur- GOVERNOR E-MA MATHER, CA 95655 MATTHEw R. BETTENHAUSEN *... PHONE (916) 845-8510 sEcr.ETAry „r : FAx (916)_324-5902 CALIFORNIA EMI MANAGEMENT AGENCY GRANTS MANACCEMENT DIVISION July _16,2010 ..__-- -- - - - - ----- Ms. Carol Kindler County of Los Arrgeles 500 W. Temple Drive, Room 754 Los Angeles, CA 90012 Subject: NOTIFICATION OF CONDITIONAL HOLD REMOVAL FY2009 Homeland Security Grant Program (HSGP) Grant #2009-0019, Cal EMA ID# 037-00000 Dear Ms. Kindler: The California Emergency Management Agency (Cal EMA) has removed the "Conditional Hold" placed on' your FY2009 Homeland Security. Grant Program (HSGP) award and created performance milestones for the following proj ects: Performance Milestones: Amount Completion Date B LARICS PLANNING $2,500,000 08/31/11 C INTEROP Comm EQuimm T $1,000,000• 08/31/11 D INFoSiiAR]NGEQUIPMENT $1,000,000 08/31/11 D TLO TRAINING $ 200,000 08/31/11 E CIEQuimmw $ 500,000 08/31/11 E CI TRAINING $ 300,000 08/31/11 F CBRNEEQumvmm $1,250,000 08/31/11 F C13RNE TRAINING $ 300,000 08/31/11 F CBRNE PLANNING $ 200,000 08/31/11 G MMRS EQUIPMENT $ 300,000 08/31/11 H RTTAC EQUIPMENT $ 250,000 08/31/11 Additionally, Aviation/Watercraft requests, Establish/Enhance Emergency Operations Center (EOC) projects, projects requiring EHP review at FEMA/DHS and sole source procurement requests will require additional approvals from Cal EMA. For that reason Project(s) A, C, D, E, F, G,.and H are not approved'at this time, pending receipt of required supplemental documentation and/or approval from FEMA/DHS. Subgrantees must obtain written approval for these activities Drigr to incurring any costs, in order to be reimbursed for any related costs under this grant. Subgrantees. are required to obtain a performance bond for any equipment item over $250,000, or any vehicle, aviation, or watercraft (regardless of the cost) financed with homeland security dollars. For further assistance, please contact your Cal EMA Interim Program Representative, Leo LaMattina, in the Grants Management Division at leo.lamattina@calema.ca.gov or 916-324-6347. Thank you for your work in protecting California. We look forward to your continued collaboration towards our homeland security strategy and appreciate your cooperation and support. Sincerely, Ursula Harelson, Chief Homeland Security Grants Section 2009 SHSGP PROJECT FUNDING DISTRIBUTION 6/22/2010 EXHIBIT F EXHIBIT F Ad m 65 EXHIBIT G REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT EXHIBIT G ❑ Grant Reimbursement Form with authorized signature and date ❑ Invoice: Must be stamped or write "PAID", signed with authorized signature for payment, and dated. Circle, or designate on the invoice/receipt the items requesting reimbursement. Each item circled must have a project #, a funding SOURCE, and TOTAL. Purchase orders and price quotes will not be accepted as proof of purchase for reimbursement. ❑ Purchase Method ❑ Competitive bid Invoice NO.: ❑ Sole Source (Prior State approval attached) ❑ Reviewed Federal Debarment Listing: hftp://www.epls.gov/er)ls/search.do ❑ No. Liles, screen listing is attached. FOR EQUIPMENT: Equipment Inventory Ledger, completed the listing with all requested Information, including: Project # & alpha, Equipment Description, ❑ AEL #, AEL Title, Invoice #, Vendor, Total Cost, Cash Request #, Invoice Date, Acquired Date, Serial #/ ID Tag #, Condition and Disposition, Deployed Location and, Grant Year. www.rkb.us FOR TRAINING/EXERCISE/PLANNING: ❑ Training/Exercise Summary completed listing including: employee name, assignment (backfill for name of employee attending training/exercise), Job Title, Training Request #, Training date, Salary, total Hours, Overtime hours, regular rate, Overtime rate, employee benefits rate, total claim amount. • For Training — Training Request# is required • For Planning — Submit proof of products produced (i.e. mutual aid agreements, assessments, etc.) • For Exercise — Proof of AAR submission and State approval. Submit AAR into the ODP Portal within 60 days following the completion of the event. Roster: Fill out a Training or Planning or Exercise Roster, whichever is applicable to this claim. ❑ Timecards: indicating the # of hours charged per day, employee signature & supervisor signature ❑ Pavroll register indicating the salary, hourly rate, employee benefits, Overtime rate. ❑ Sign -in sheets or attendance sheets or Certificate of Completion (if claiming for Backfill and/or Overtime); if sign -in sheets or certificates are not available, trainees should provide their your own proof of attendance by completing their own sign -in sheet and have the Trainer sign the sheet indicating proof of attendance. Additional items: Travel —Receipts are required for itemized costs such as plane ticket/invoice, hotel invoices and training receipts with the dates of invoices agreeing with the training and exercise period. Workshop -Invoices for instructor, facilities, contractor and consulting services. i U —1zE� SIGNA l t2� 1 D E '� Under Penally of Perjury I certify that: I am the duly authorized officer of the claimant herein. This claim Is In all respect true, correct, and all expenditures were made, In accordance with applicable laws, rules, regulations and grant conditions and assurances. :`AUTFlOR11E131aNER 1AVIE/TI7L r r .a Checklist 1 Thank you.for participating in the Homeland Security Grant Program. In order to complete your claim, please follow the checklist on the first tab of this workbook and attach the required supporting documents for all items for which you are requesting reimbursement. -- Please submit invoices -to -Shared Services Division -as soon as expenses are -incurred and the -required invoice and other -supporting - — - -- documentation is available. Do NOT accumulate and submit all claims and invoices on the final due date. Failure to submit your claim in a timely manner with the required supporting documents could result in unreimburseable expenses and/or reallocated awards. DATE MAKE CHECKS TAXPAYERID# MAILING ADDRESS CITY, ZIP PHONE Email WHO_ ,zED.��ITURE..x.-.a..r,~�.�Y° Under Penalty of Perjury i certify that: I am the duly authorized officer of the claimant herein. This claim Is in all respect true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances. HSGP Homeland Security Grant Program RTTAC Regional Terrorism Threat Assessment Center MMRS Metropolitan Medical Response System §xr ��s �" - U. 0� .�� .. +_ � T;.l♦., g�ER �SIGf I�F�R;NAW/T,�TLE Please fax reimbursement requests to: SHARED SERVICES DIVISION Attn: GRANTS UNIT Fax (213) 947-5809 SOLUTION AREA (Equipment, Training, Planning, Exercise) TOTAL BY FUNDING SOURCE TOTAL Project # ° s s HSGP RTTAC MMRS CLAIM Invoice Number (e.g., 41 C) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTALS 0.00 0.0Q 0.00 0.00 RECEIVED O C T 2 7 2010 GS, VFLY 1NOV6 CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT DATE: October 26, 2010 TO: Honorable Mayor and City Council FROM: Jerry Winegar, Lieutenant C� /0RE: 2009 State Homeland SecurityGrant Pro SGP) o � C� 9 ) Subrecipient Agreement SUMMARY The Police Department (PD) and Fire Department (FD) are seeking authorization to participate in the State Homeland Security Grant Program (SHSGP) for the fiscal year of 2009. The City has been awarded $64,039, which is separated between the PD and FD, with $56,664 awarded to Fire and $7,375 awarded to Police. This program is offered through the Department of Homeland Security through the Office for Domestic Preparedness. SUMMARY DETAILS The Police Department's awardof $7,375 in funding will be used for the purchase of chemical biological escape hoods for sworn personnel. Chemical biological escape hoods are assigned to each Police Officer. They are to be used in the event the officer finds him or herself in the area of a chemical or biological release. The officer can use the hood as an added protection to be worn during an escape of the danger area. Our current hoods, which were also purchased with grant funding, have reached their life expectancy. The Fire Department's award of $56,664 in funding will be used for two (2) projects. $24,803 of this funding is to be used toward terrorism liaison officer training for existing and new Terrorism Liaison Officers (TLO's), and the remaining $31,861 is to be used for planning and coordination for an integrated Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) response team training. The Terrorism Liaison Officer training will prepare assigned fire personnel for information sharing with intelligence analysts from the FBI, LAPD, LASD and other agencies. The trained personnel will be the conduit which our Fire Department will use to pass potential terrorism related information to a joint information center. The CBRNE system is designed to detect chemical, biological, radiological, nuclear and high explosive contaminations. The CBRNE response team training is designed to prepare our fire personnel as part of a regional interoperable sensor system that monitors, reports, displays and alerts appropriate officials in the event of a hazardous detection. This shared information will assist us in gaining a common operational picture and better situational awareness. BACKGROUND The Department of Homeland Security, through the Office for Domestic Preparedness, provides grant funding to California to enhance the ability of the state, urban areas, local jurisdictions, and certain non-profit organizations, to prevent, deter, respond to and recover from threats and incidents of terrorism. The funding is made available through the use of State Homeland Security Grant Program (SHSGP). Under this grant, funding is determined by a formula using a based amount of the total allocation for each state and the total allocation for each U.S. Territory with the balance of funds being distributed in a population -share basis. The County of Los Angeles Office of Emergency Management (OEM) is the sub -grantee for this grant, and the City of Vernon is a sub -recipient. The County of Los Angeles will coordinate all related activities with the sub -recipients. The SHSGP forFY09 is a reimbursable grant, meaning there are no cost -share or match requirements. The County of Los Angeles will reimburse the City of Vernon for all authorized equipment purchases and training expenses. To receive reimbursement for equipment purchased, we will need to submit all related purchase documents showing that items were delivered and paid for. If this grant is approved, the FD and PD'will process the necessary documents for reimbursement. In previous years, the police and fire departments have participated in other SHSGP grants and have obtained a substantial amount of emergency response equipment. The following is a list of previous SHSGP grants we have participated in: • FY 2001 State Domestic Preparedness Equipment Grant, Resolution #8302 • FY 2002 State Domestic Preparedness Grant by the Vernon Fire Department, Resolution#8302 • FY 2003 Part II State Homeland Security Grant, Resolution # 8399 • FY 2004 State Homeland Security Grant Program, Resolution # 8325 • FY 2005 State Homeland Security Grant Program, Resolution # 9072 • FY 2006 State Homeland Security Grant Program, Resolution # 9163 • FY.2008 State Homeland Security Grant Program, Resolution# 10,059 CONCLUSIONS If approved by Council, the City of Vernon would need to complete a subrecipient agreement between the City of Vernon and the City of Los Angeles. Attached are the notification letter and the agreements. The agreement has been reviewed and approved as to form by City legal staff. When all the forms are complete, please return them to me and I will ensure they are forwarded to: Chief Executive Office Attn: Craig Hirakawa County Disaster Administrative Team 500 West Temple Street, Room 754 Los Angeles, CA 90012 FISCAL IMPACT This is a 100% reimbursable grant. The City will be required to front the money and will be reimbursed as reimbursement requests are submitted. CITY ATTORNEY'S OFFICE 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 30, 2010 SUBJECT: 2009 SHSGP Subrecipient Agreement - Approved as to Form The City Attorney's office has reviewed the Subrecipient agreement between the City of Vernon and the County of Los Angeles for grant funds under the 2009 State Homeland Security Grant Program (SHSGP) and has approved it as to form. 12720-0009\1274964v1.doe Attachment A 2009 SHSGP PROJECT LISTING Enfrty Project Project Name.: Disclplfne Solution Tptal Area Obligated Vernon D Terrorism Liason Training for existing and new SHSGP Tram 24,803 TLOs Vernon F Purchase chemical biological hoods for sworn LE Equip 7,375 personnel [Quan estimated 35] Vernon F Planning and coordination for CBRNE response SHSGP Train 31,861 team training Vernon Grand Total 64,039 N:\Excel\Homeland Security Grant Program\09 SHSGP Entity Breakout for Contracts.xlsx 6/21/2010 County of Los Angeles CHIEF EXECUTIVE OFFICE Kenneth Hahn Hall of Administration 500 West Temple Street, Room 713, Los Angeles, California 90012 (213) 974-1101 hftp://ceo.lacounty.gov WILLIAM T FUJIOKA Chief Executive Officer July 27, 2010 Interim Police Chief James. Rodino City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Interim Chief Rodino: 2009 STATE HOMELAND SECURITY GRANT PROGRAM SUBRECIPIENT AGREEMENT Board of Supervisors GLORIA MOLINA First District MARK RIDLEY-THOMAS Second District ZEV YAROSLAVSKY Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Fifth District On June 29, 2010, the Los Angeles County (County) Board of Supervisors accepted the 2009 State Homeland Security Grant Program (SHSGP) for local agencies. The County requires a formal Subrecipient Agreement between the City of Vernon and the County which outlines the requirements of the grant and provides the guidelines to follow for SHSGP reimbursement of eligible expenses. You will find enclosed: 1) details of your project(s) approved for the 2009 SHSGP (Attachment A); 2) a copy of a Project Spending Plan (Attachment B); and 3) two copies of the Subrecipient Agreement (SA) between the City of Vernon and Los Angeles County (Attachment C). In order to meet specific State requirements, we are requesting that your City complete a Project Spending Plan (PSP) for each line item within each of your approved project(s). This PSP will be provided to your SHSGP contact person electronically and we request the completed PSP form(s) be returned to our office electronically on or before you return the executed SA copies. Both copies of the SA, with complete contact information as required in Paragraph 102 B, signed Exhibits A, B, C, and D (with each page initialed in the lower right corner), and the Agreements executed (in blue ink) by the appropriate City staff, should be returned to: Chief Executive Office Attn: Craig Hirakawa County Disaster Administrative Team 500 West Temple Street, Room 754 Los Angeles, CA 90012 `To Enrich Lives Through Effective And Caring Service" Interim Chief Rodino July 27, 2010 Page 2 of 2 Mr. Hirakawa will obtain the required County signatures and return a fully executed original of the SA to you. Please note that the City is not to expend any SHSGP funding, obtain any equipment, or request reimbursement until a fully executed copy of the Subrecipient Agreement is on file with this office and the PSP(s) has/have been submitted and approved by the County. Also, be aware that any sole source and/or environmental clearances must be approved by the State prior to your jurisdiction incurring any costs related to the item(s) requiring such clearances. If you have any questions, your staff may contact Mr. Hirakawa at (213) 974-1127 or by email at chirakawa@ceo.lacounty.gov. Sincerely yours, WILLIAM T FUJIOKA Chief Executive Officer 4z Carol Kindler Manager WTF:SK:CK hgdrive Attachments Grants/2009 SHSGP/Subrecipient Agreements and TransmittalsNernon Transmittal