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Resolution No. 2012-141RESOLUTION NO. 2012-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF VERNON APPROVING THE CITY'S PARTICIPATION IN THE 2011 STATE HOMELAND SECURITY GRANT PROGRAM BY THE VERNON POLICE DEPARTMENT, 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 SAID GRANT WHEREAS, the Department of Homeland Security, through the Office for Domestic Preparedness, provi_des'grant funding through a State Homeland Security Grant Program to California to enhance.the ability of the state, urban are.as,.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 2011 SHSGP Grant and the City of. Vernon has. been awarded a 2011 SHSGP Grant as a sub -recipient; and WHEREAS, the County of Los Angeles will coordinate all related activities with sub -recipients; and WHEREAS, during the application and review process for the 2011 SHSGP Grant, the Vernon Police Department requested funding for the purchase and installation of an automated license plate reader in the sum of $50,000.00, subject to approval by the City Council; and WHEREAS, the.City of Vernon Police Department has been awarded the total sum of $50,000.00 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 2011 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 2011 SHSGP Grant is a reimbursable grant for all authorized equipment purchases and training expenses with no cost -sharing or match requirements; and WHEREAS, participation in the 2.011 SHSGP.Grant would enhance the capability of.the Vernon Police Department 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 July 5, 2012, the Police Department has recommended that the City participate in the 2011 SHSGP Grant and approve and authorize the execution of all necessary documents to receive funding under the 2011 SHSGP Grant in the total sum of. $50,000.00; and WHEREAS, the City Council of the City.of Vernon :Police Department desires to participate in the 2011,SHSGP Grant and approve and authorize the execution of the necessary documents to receive funding under the 2011 SHSGP Grant inthe total sum of $50,000.00. 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. SECTION. 2: The City Council of the City of Vernon hereby approves the City's participation in the 2011 SHSGP Grant. SECTION 3: The City Council of the City of Vernon hereby approves the Subrecipient Agreement with the County of Los Angeles, in substantially the same form as the copy which is attached hereto as _2_. 3 SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT ("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) 97.067 directly_to the California Emergency Management Agency (Cal EMA) for the 2011 Homeland Security Grant Program (HSGP); and, - WHEREAS, the Cal EMA provides said funds to the County of Los Angeles as its Subgrantee, and CEO is responsible for managing acid overseeing the HSGP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in orderto address the unique equipment, training, exercise.and planning management needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, .respond to, and recover from threats or acts of terrorism; and WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of an HSGP 2011 grant. from Cat EMA for the Subrecipient in the amount of $50,000; 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 sub recipient 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 May 1, 2012 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE; the County of Los Angeles and Subrecipient agree as follows: Grants/HSGP 2011/Subrecipient AgreementsNernon 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 90.058. §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 cl<indler@ceo:lacounty.gov With a copy to: Heather Singh, Grants Manager Chief Executive Office, LAC 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 974.2319 Fax: (2 1 3) 687-3765 - hsingh@ceo.lacounty.gov Grants/HSGP 2011/Subreciplent Agreements/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) 826-1438 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, regular U.S. Postal mail service and/or e-mail. In the case of event of personal delivery or email, the message shall be deemed communicated upon receipt bythe County. In event of mail service, the message 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. 3 Grants/HSGP 2011/Subreciplent Agreements/Vernon Agreement i i §103. fn_ dependent party Subrecipienfis 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 A reement 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 §41.1:A.13 of this Agreement. D. Certification of Grant 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 January 31, 2014, 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/HSGP 2011/Subrecipient AgreementsNernon 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 2011 Grant, which has been approved by Cal EMA. 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 comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the. County of Los Angeles and Cal EMA 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 awardedwill 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.eplsgov/eels/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 of $100,000 or more, justification must be presented to CEO, who upon review will request approval from Cal EMA. Such approval in writing must be obtained prior to the commitment of funds. E. Subrecipient shall provide any reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this.Agreement, including progress on meeting program goals. Reports .shall be in the form requested by the.County of Los Angeles, and shall be provided by the 15th of the following month. Subrecipient shall timely submit claims for reimbursement, F. Subrecipient shall provide a copy of their Annual Single Audit Report, as required by Office of Management and Budget circular A-1331 to CEO no later than. March 315t of the year following the reporting period. G. Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit finding. H. Subrecipient will be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal EMA grant program requirements. The County of. Grants/HSGP 2011)Subrecipient AgreementsiVernon Agreement 5 Los Angeles anticipates that said monitoring will include,.at a minimum, one on -site visit during the term of this Agreement. I: Any equipment acquired pursuant to this Agreement shall be authorized in the G&T Authorized Equipment List (AEL) available online at http:/'www.rkb.us and the Allowable Cost Matrix to the 2011 Homeland Security Grant Program, Guidance and Application Kit, incorporated by reference, and attached hereto as Exhibit F. Subrecipien.t 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 2011 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.86, 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. J. 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/HSGP 2011/Subredpient Agreements/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. K. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit or subsequent grant year programs. L. Any training paid pursuant to this Agreement shall conform to the guidelines as. listed in FY 2011 Homeland Security Grant Program, Guidance and Application. Kit, and must be first submitted to CEO and then pre -authorized by Cal EMA. A catalog of federally approved and sponsored training courses is available at http://www.Oip.usdo'.gov/odp/training htm. M. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http:Hhseep.dhs aov. N. 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. 0. Any organization activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Program Guidance and Application Kit. 7 Grants/HSGP 2011/Subreclplent Agreements/Vernon Agreement SECTION Ill PAYMENT §301. Payment of Grant Funds and Method of Payment A. The County of Los Angeles shall"reimburse Subrecipient up to the maximum grant amount of $50,000 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 2011 HSGP Grant Award Letter from Cal EMA, 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 Cal EMA. 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 Cal EMA:and a Cal EMA 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 (AAR) :and Improvement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise and submit proof of State ppproval of the AAR with the reimbursement request. For planning reimbursements, Subrecipient must include a copy of the final tangible product as a result of the.planning project. C. County may, at its discretion, and with Cal EMA 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, and, at the sole election of the County of Los Angeles, may be effected by a written notification issued by the County of Los Angeles. Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 8 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. F, 1. Funding for all. periods of this Agreement is subject to continuing Federal . appropriation of grant funds for this program: In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds. 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 aremore restrictive shall be followed. Grants/HSGP 2091/Subrecipient Agreements/Vernon Agreement 9 §403. Integrated Agri This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be . amended only as provided for herein. §404. Breach If any party fails to perform, in whole or in art any y 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 partyrecover 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 t or o payment; 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. Subrecipientfurther certifies that it will immediately notify the County of Los Angeles of any suspension, termination; lapse, non renewal or - restriction 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). i Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 10 If required, Subrecipient shall submit an Equal Employment Opportunity Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines iisted.at http://www.oib isdo'.cjov/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. §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; Grants/HSGP 2011/Subrecipient Agreements/vernon Agreement 1 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or. 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B, Definitions: 1. The term "immediate family" means 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" means: a. Any direct or indirect financial interest. in the specific contract,. including but not limited to, 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 governingbody. C. The Subrecipient further covenants that no officer, director, employee, or agent shall solicit or accept gratuities; favors, or 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 directors or employees. the proposed subcontractor . and its officers, 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 ob taining this Agreement. i 1 Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 12 H. The Subrecipient covenants that no member, officer or employee of Subrecipient shall have interest, direct or indirect, in any contractor 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. 1. 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 subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor §410. Restriction on Disclosures Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act.(California Government Code Sec. 6250 et seq.). §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 seg.), OMB Circular A-1.33 and any administrative regulation or field memos implementing the Act. Grants/HSGP 2011/Subrecipieni AgreerimentsAternon Agreement 13 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 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. Grants/HSGP 2011/Subrecipient Agreements/vernon.Agreement 14 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirementsprescribed 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 fora 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 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 . 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. §276cand 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. Grants/F-ISGP 2011/Subrecipient Agreements/Vernon Agreement 15 t None of the funds. shall be used to promote or deter. Union/labor organizing activities. CA Gov't Code Sec: 16645, et s, etc. , 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 1973, as amended (29 U.S.C. §794), which prohibits discrimination on.the basis of disabilities; (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; 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 11 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) 11.514; (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 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 16 1972 (16 U.S.C. §§1451 etseq.); (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. 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 seq. 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.). Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 17 12. Sus ension Debarment Ineli ibilit and Volunta Exclusion 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. . 13. Drug-Free.Workolace Subreciplent 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. 89-5441 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 Grants/HSGP 2011/SubreciplentAgreements/Vernon Agreement 18 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 State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part61, 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. Grants/HSGP 2011/Subrecipient Agreements/vernon Agreement 19 C 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. 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 2011 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 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 FIR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618., 12/22/87, 52 FIR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 20 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 State or the terms 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. 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. Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 21 §415. Minority- Women And Other Business Enterprise Outreach Pro ram 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 of the Subrecipient's contractors and sub -contractors. 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 persons 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, and, at the sole election of the County of Los.Angeles,.'may be effected by a written notification issued by the County of Los Angeles. SECTION VI ENTIRE AGREEMENT §601, _Complete Agreement This Agreement contains the.full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication 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/HSGP 2011/Subrecipient Agreements/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 Date Chief Executive Officer By By SACHI A. HAMAI WENDY L. WATANABE Executive Officer, Board of Supervisors Auditor -Controller APPROVED AS TO FORM JOHN F. KRATTLI County Counsel BY Principal Deputy County Counsel BY City Representative/Title (Signature) (Print Name) Date William Davis, Mayor Pro--Tem APPROVED AS. TO FORM BY K(Signature) (Print Name) Date Chief Deputy City Attorney, Willard G. Yamaguchi ATTEST BY City Clerk (Signature) (Print Name) Date Willard G. Yamaguchi Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 23 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 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: a., contract ❑ a, bid/offer/application a. initial filing b., grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee Year Quarter f, loan insurance date of last report 4. Name and Address of Reporting Entity: Cit. of Vernon 5, If Reporting Entity in No. 4 is Subawardee, 430 Santa FeAvenue Enter Name and Address of Prime: Vernon, CA 90058 Prime County of Los Angeles x Subawardee 500 W. Temple t^ Room 754 Tier, Ifknown: Los Angeles, CA 90012 Congressional District, ffknown: 4c34 Congressional District, if known. 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 97.067 8. Federal Action Number, ff knownc 9. Award Amount, ff known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, If necessary) {last name, first name, MI -include address if different from 10a) 11. Amount of Payment (check all that apply) 13 Type of Payment (check all that apply): Planned Actual ®, a. retainer 12. Form of Payment (check all that apply): 2& b. one-time fee a. cash c. commission b, in -kind; specify: FJOJ d. contingent fee e. deferred nature . value ED f. other; specify: 14. Brief Description of Services Performed or to be Performed and Dates) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11: (attach continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: Yes ' No 16. Information requested through this form Is authorized by Title 31 U.S.G. Section 1352. Signature: This disclosure of lobbying activities is a material representation of fact upon which Name: Mark WN; t� reliance was placed by the tier above when this transaction was made or entered into. ' This disclosure is required pursuant to 31 U.S.C. 1352. This information will be Title: City Administrator reported to the Congress semi-annually and will be available for public inspection. Any Telephone: 323 583-8811 person who fails to file the required disclosure shall be subject to a civil penalty of not (area code) less than $10,000 and not more than $100,000.for each such failure. 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: Last Name First Name MI Zip Address City MI Last Name First Name Zip Address City MI Last Name First Name 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 — LLL-A Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) Ca]EMA 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. 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) Cal 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). 11. 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. Public .reporting burden for this coliection of information is estimated to average 3Q mintates pet'. response, mcfud�ng time for reviewing mstructians, seatohmg' existing data sources, gathnng end maintaining (Fie data needed, and compJetmg and revlewmg the collection of ihformation S. comments regarding the burden estimate.: or any other asofthiscolJeeton of information; including suggestions for reducing this blyden, to the Offico of lVlanagemett and Budef Paperwork Reduction Protect (0348 d046), 0 ashmgtpn, D C. 200Q3., - Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/l/2009) EXHIBIT B. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR 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 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 bysubmitting this proposal that, should the proposed covered transaction be entered Jnto, 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 Pro rams. 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 G 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 fora 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 ]Cmergency Management Agency (Cal EMA) Fiscal Year (FF) 2071 Grant Assurances (All HSGP Applicants) Subrecipient Name ofea4; City of Vernon Address: 4N5 Santa Fe Ayen, e City: Vernon State: ('A Zip Code: 90058 Telephone Number: _(323) 583-8811 Fax Number:(323) 826-1481 E-Mail Address: subrecipient sub ecipient' As the duly authorized representative of the-a�lrsa�t, I certify that the named above: I : Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent; respond to, and recover from terrorist attacks, major disasters and other emergencies: 2. 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, Cal EMA. 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA, where applicable. 5. Will give the federal government, the General Accounting Office, the Comptroller General of the United States; the State of California, the Office of Inspector General, 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. 6. 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, follow the federal and state approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool, 7. Will provide progress reports, and other such information as maybe required by the awarding agency, including the Initial Strategy Implementation Plan (1SIP) within 45 days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 Initials 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all regulations applicable to DHS/FEMA grants, including, but not limited to, 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments including, but not limited to, all provisions relevant to the payment of interest eared on advances: 1 l . Will comply with all provisions of 48 CFR, Part 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12.. 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. 13. 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 goverment, without the express prior written approval from DHS/FEMA and Cal EMA. 14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, .including changes to key program staff. 16, 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 structures. 17. Will comply, and will assure the compliance of all agents and contractors, with all federal and state statues relating to civil rights and nondiscrimination. These include, but are not limited, to: a. Title.Vl of the Civil Rights Act of 1064 (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 against individuals with disabilities. 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. £ The Comprehensive Alpohol 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. Sections 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 V111 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. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made. k. 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. Page 2 .. Initials 18. 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 Cal EMA, FEMA and the U.S. Department of Justice Office of Civil Rights, Office of Justice Programs. 19. Will provide an.Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 20. Will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies- Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-6461) 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, Unifornn Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs. 21. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P,L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance_ if the total cost of insurable construction and acquisition is $10,000 or more. 22. 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. Applicant 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. 23. Will comply with all regulations applicable to DHS/FEMA grants including, but not limited to; 44 CFR; Part 10, Environmental Considerations. Applicant will also comply with all state laws, including the California Environmental Quality Act. 24. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA and Cal EMA including,. but not limited to, ground disturbance, ' construction, modification to any structure, physical security enhancements,communications towers, any structure over-50 years old,.and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result ofthe EHP review. Any construction- related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding, Any change to the scope of work will require re, -evaluation of compliance with the EHP. If ground disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA, Cal EMA, and the appropriate State Historic Preservation Office. 25. Agrees any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. Subgrantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it; with all supporting documentation, to Cal EMA for review. The EHP Screening Form is part of an Information Bulletin available at: iNnA,-w.feiiia.aov/cloc/aovcrmnent/grant/bulletins/info329 final screening memo doc. Grantees should submit the FEMA EHP Screening Fonn:for each project as soon as possible upon receiving their grant award. 26. 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 Page 3 Initials Violating Facilities, and will notify Cal EMA and FEMA 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. 27. Will provide any informatiom requested by DHS/FEMA and/or 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), Environmental Justice (12898), and Environmental Quality (11514). b. Notification of violating facilities pursuant to EO 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 (CCR), Title 14, Chapter 3 Sections 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 ofthe Coastal Barrier Resources System. 28. Will comply with Standardized Emergency Management System (BEMs) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8.607.1(e) and CCR Title'19, Sections 2445, 2446, 2447, and 2448. 29. 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 ofHorr2eland 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 FEMA'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, 30. 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. 31, The recipient agrees to consult with DHS/FEMA and Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 32.. 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. 33. 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 19 statutes oi• regulations specified in Appendix A of OPM's Standards for a MeritSystem of Personnel .Administration (5 C:F.R. 900, Subpart F). 34. 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. 35. 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. 36. Understands and agrees that the applicant, grantees, subgrantees, recipients, sub -recipients, employees of the applicant, grantees, subgrantees, recipients and subreeipients, may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any award, without penalty, if the subgrantee that is a private entity: d. Is determined to have violated a prohibition identified in paragraph 35, subsections a, b, or c; or e. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 35 subsection a, b, or c through conduct that is .either: 1 associated with performance under this award; or ii. imputed to the authorized agent or subrecipient using the standards and due process for imputing the conduct of an individual to an organization provided in 2 CFR Part 180,. "OMB Guidelines to Agencies on Government wide Department and Suspension (Non -procurement)," as implemented by DHS/FEMA at 2 CFR, Part 3000. And further understands that subgrantees and subreeipients must: f. Inform Cal EMA immediately of any information received from any source alleging a violation of a prohibition in paragraph 35 subsection a, b, or c; g. FEMA's.right to terminate unilaterally as described in paragraph 35 implements section 106(g) of the Trafficking Victims Protection Act (TYPA) of 2000, as amended (22 USC 7104(g)). The right of FEMA and Cal EMA to terminate this award unilaterally is in addition to all other remedies for noncompliance that are available under this award. Page 5 Initials h. For purposes of this term: i. "Employee" means either; i, an individual employed by the subgrantee or subrecipient who is engaged in the performance of the project or program under this award; or 'ii. another person engaged in the performance of the project or program under this award and not compensated by the subgrantee or subrecipient, including, but not limited to, a volunteer. or individual whose services are contributed by a third parry as an in -kind contribution toward cost sharing or matching requirements. ii. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. iii. "Private entity" means any entity other than a state, local government, Indian Tribe, or foreign.public entity, as those terms are defined in 2 CFR 175.25, and includes non-profit or including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175,25(b), and for -profit organizations, iv. "Severe forms of trafficking in persons, "commercial sex act," and "coercion" have the meanings, given at section 103 of .the TVPA, as amended (22 USC 7102). 37: 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. 38.. 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, A Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO.12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 41. Agrees that where an award recipient, grantee, subrecipient, or subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used. to support a contract, subaward, or other agreement for goods_ or services that will include access to classified. national security. information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed, Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 1.2958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http:Hwww dhs gov/xopnbiz/grants/index.slitiil. Page 6 Initials 42. Understands that immediately upon determination by the award recipient that funding'under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient_ shall contact ISPB, or the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone; 202-447-5346 E-mail: DD254AdministiativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, DC 20528 43. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive or make a subaward to any . entity unless the entity has provided its DUNS number. a. For purposes of this award term,, the following definitions will apply:. i. "Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705- 571 l ) or the Internet (currently at httL):/,fedgov.diib.com/lvebfor.tn). ii. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or'a domestic or foreign nonprofit organization; or a doiestic or foreign for -profit organization; or a federal agency, but only as a sub -recipient under an award or subaward to a non-federal entity. iii. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award. and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non - Profit Organizations") and may provided.through any legal agreement, including an agreement that you consider a contract. iv. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the federal funds provided by the subaward. 44. 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 3277333), regarding labor standards for federally -assisted construction sub -agreements, 45. 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. Page 7 Initials 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 al] sub recipients.shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into: Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10;000 and not more than $100,000 for each such failure. 46, 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. 47'.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. 48. Will comply with all applicable federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars Al02 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 49. Wil,l 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.lnstitutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 50. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 51. 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. 52. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations, 53, Will comply with the'financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide, 54, Agrees that all allocations and use of funds under .this grant will be in accordance with the FY 2011 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the Page 8 Initials FY 2011 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 weresubmitted as part of the California FY 2011 Homeland Security Grant Program application. Further, use.of FY 2011 funds is limited to those investments included in the California FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA and evaluated through the peer review process. 55. Will not make any award or permit any award (subgrant or contract) to any parry that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance: programs under EOs 12549 and 12689, "Debarment and Suspension". 56. As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them, for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or, receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity _(federal, state,,or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 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 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. 57. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing -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 ita_requirement that each employee 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 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. Page 9 Initials e.. Notifying Cal EMA, in writing, within 10 calendar days after receiving notice under subparagraph (d)(ii) 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, DC 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)(ii), 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 1,973, 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 drug4ree workplace through implementation of paragraph 57 subsections (a), (b), (c), (d), (e), and (f). 58. Will comply with all applicable requirements of all other federal and state laws, EOs, regulations, program and administrative requirements, policies and any other requirements governing this program. 59. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability: unless you are exempt as provided in subsection (d) of this paragraph, subrecipient must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds. (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009. b. Where and when to report: you must report each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on'November 7, 2011, the obligation must be reported by no later than December 31, 2011.) C. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if: i. The total federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1034 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Page 10 Initials Security and Exchange Commission total compensation filings at • httn://u�wwaec.gnv/answers/e;xecorn htm iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information. about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://ivww.sec..gov/answers/exeeomp htm.)YOU must report subrecipient executive total compensation to Cal EMA by the end of the month following the month during which you make the subaward, For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October I. and 31), you must report any required* compensation information of the subrecipient by November 30 of that year. 60. Exemptions to Paragraph 59 include: If, in the previous tax year, you bad gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. a. Definitions associated with paragraph 59 include: i. "Executive" means officers, managing partners, or any other employees in management positions. "Total compensation" ineans the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): . Salary acid bonus. ■ Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FA5 123R), Shared Based Payments, ■ Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried "employees. ■ Change in pension value. This is the change in present value of defined benefit and actuarial pension plans: ■ Above -market earnings on deferred compensation which is not tax -qualified. Other compensation, if the aggregate value of all such other compensation .(e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 61. Understands that failure to comply with any of the, above assurances may result in suspension, termination, or reduction of grant funds. Page I Initials The undersigned represents that he/she is authorized b the above named su rec pip, i Y� o pip, into this agreement for and on behalf of the said. Signature of Authorized Agent: Printed Name of Authorized Agent: Mark WhitwoYth Title: City Administrator Date: Page 12 EXHIBIT E EDMUND G. BROWN JR. MIKE DAYTON GOVERNOR ACTING SECRETARY �` CALIFORNIA EMERGENCY T MANAGEMENT AGENCY _ November 18, 2011 Mr. William Fujioka Los Angeles County 500 W. Temple Street Los Angeles, CA 9001.2 SUBJECT: NOTIFICATION OF SUBGRANTEE APPLICATION APPROVAL FY 2011 Homeland Security Grant Program (HSGP) Grant #2011-SS-0077, Cal EMA ID# 037-00000 Subgrantee Performance Period: November 18, 2011 to April 30, 2014 Dear Mr. Fujioka; The California Emergency Management. Agency (Cal EMA) has approved your FY 11 Homeland Security Grant Program (HSGP) award in the amount of $14,994,938. Once your completed application is received and approved, you may request reimbursement of eligible grant expenditures using the Cal EMA financial management forms workbook available, at www.calema.ca.gov. . During the review process, a Cal EMA representative examined and evaluated your FYI HSGP grant application. As a result of this review, some of your funded projects may have been assigned performance milestones shorter than the subgrantee performance period, based: in part on information provided in your application and submitted workbook. Performance milestones will be used by Cal EMA to both determine the appropriate date to disencumber funds awarded under this grant and re -direct them to other needs across the State and as indicators of performance and grant management capacity in future competitive grant applications. Activities: Amount Completion Date ALL PmEcTs $6,000,000 11/30/2012 Additionally, Aviation/Watercraft requests, Establish/Enhance Emergency Operations Center (EOC) ' projects, projects requiring EHP review and sole source procurement requests will require additional approvals from Cal EMA. For that reason, Project(s) A, B, and D, are not approved at this time, pending . receipt of required supplemental documentation and/or approval from DHS. Subgrantees must obtain written approval for these activities Rtk 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. HOMELAND SECURITY, PROPIB AND EMERGENCY MANAGEMENT BRANCH ' 3650 SCHRIEVER AVENUE MATHER, CA 95655 (916) 845-8510 PHONE - (916) 324-5902 FAx Mr. William Fujioka:. Page Two 11 /18/20.11 Following acceptance of this award, you must enter your grant information into the US Office of Grants and Training, Grant Reporting Tool (GRT), for the December 2011 Biannual Strategy Implementation Report (BSIR) period, The GRT can be accessed online at https://wwvr.reporting.odp.dhs.Qov/.Semi- annual performance reports must be prepared and submitted to Cal EMA via the GRT for the duration of the grant period or until all activities are completed and the grant is formally closed. Failure to submit performance reports could result in grant reduction, termination, or suspension. This grant is subject to all .policies and provisions of the Federal Single Audit Act of 1984.and the Single Audit Act Amendments of 1996. Any. funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit; must be refunded to the State within30 days upon .receipt of an invoice from Cal EMA. Your dated signature is required on this letter. Please sign and return the original to your Cal EMA program representative within ten. days of receipt, and keep a copy for your files. For further assistance, please feel free to contact your Cal EMA program representative or the Homeland Security Grants, Section (HSGS) at (916) 845-8510. Sincerely, BRENDAN A. MURPHX Acting Undersecretary William Fujiok , ut ed Agent, Date Los Angeles County HOMELAND SECURITY, PROPIB AND EMERGENCY MANAGEMENT BRANCH 3650 SCHRIEVERAVENUE MATHER, CA 95655 (916) 845-8510 PHONE - (916) 324-5902 FAx EXHIBIT F Fart Vl. OTHER INFORMATION -Section A. HSGP Allowable Costs �r a I-- I UILI 1] VOL-4blIJc annexes mat incorporate the range of revention, rotection, res onse, and recover activities Y Developing and implementing homeland security support programs and ado tin on oin DHS national initiatives �s 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 p p g public safety personnels y: fulfillin traditional public safety duties)h �s F•� �y �:i 5 Conferences to facilitate planning activities�•� Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs (in accordance with .operational Cost Guidance Other project areas with prior approval from FEMA Issuance of WHTI-compliant Tribal identification cards Activities to. achieve planning inclusive of people with disabilities Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 p ercent of the allocation Overtime for information, investigative, and intelligence sharing activities (up to 50 percent of the allocation Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities (up to 50 percent of the allocation Personal Protective Equipment - Explosive Device Mitigation and Remediation Equipment 59 EXHIBIT G 2008 HOMELAND SECURITY GRANT REIMBURSEMENT FORM - - AWARD NUMBER: 2011-SS=0077 I ;I i PERFORMANCE PERIOD: 1.1/18/2011- 01/31/2014 Chief Executive Office/County Disaster Administrative Team COUNTY OF LOS ANGELES 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 TAXPAYERIDH' MAKE CHECKS PAYABLE 70, i MAILING ADDRESS CITY, ZIP PHONE - AUTHORIZED SIGNATURE 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. HSGP Homeland Security Grant Program RTTAC Regional Terrorism Threat Assessment Center MMRS Metropolitan Medical Response System E-mail AUTHORIZED.SIGNER NAME/TITLE 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 ProjectH r'rr Invoice Number (e.g., 41 C) +a) a x, HSGP RTTAC MMRS CLAIM 1 0.00 — -- — — -- — 0.00 - ----r ---- . ----t _ —.. ---' 0_00 — _ -- i _ —----r'-- -- ----------- �_— I _ -J— i 0.00 ---- --- _- — I — -- 0.00 --- � i I 0.00 TOTALS 0.60 0,001 0.00 0.00 REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT []. 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 List[ a: htti)://www.epls.flov/ep[s/s6arch.do ❑No. Gres, screen listing is attached. ❑ Environmental and Historic Preservation (EHP) required? ❑ No ❑ Yes (Prior State approval attached) FOR EQUIPMENT ❑ Ecluioment Inventory Ledger, completed the listing with all requested information, including: Project # & alpha, Equipment Description, AEL #, AEL Title, Invoice #, Vendor, Total Cost, Cash Request #, Invoice Dale, Acquired Date, Serial #/ ID Tag #, Condition and Disposition, Deployed Location and Grant Year, www.rkb.us FOR TRAINING/EXERCISE/PLANNING: ❑ Trainin /Exercise Summary completed listingincluding: employee name, assignment (backfill for name of employee attending traininglexercise), 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 so days following the completion of event. htios•//hseeo dhs aov/DHS $50/9ReturnUrl=%2froolkitHome asnx ❑ 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 Trainer sign the sheet indicating proof of attendance. Additional Items: Travel —Receipts are required for.itemlzed 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, facllities, contractor and consulting services. "AUTHORIZED SIGNATURE? DATE 'AUTHORIZED SIGNER NAMEITITLE Under Penally of Penury 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.. - Checklist 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 September 28, 2012 Board of Supervisors GLORIA MOLINA . First District MARK RIDLEY-THOMAS Second District ZEV YAROSLAVSKY Third District DON KNABE Fourth District MICHAEL D. ANTONOVICH Willard Yamaguchi, City Clerk Fifth District City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Yamaguchi: 2011 HOMELAND SECURITY GRANT AGREEMENT Enclosed for your files is an executed 2011 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 and if appropriate, request(s) for sole source procurement, as well as,aviation; watercraft, and environmental approvals, 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 and aviation, watercraft, and environmental approvals should be directed to Heather Singh at hsingh _ceo.lacounty.gov or (213) 974-2319. Sincerely yours, *4& r� _I Carol Kindler, Manager Chief Executive Office CK:hgdrive Enclosure C: Lieutenant Jerry Winegar Vernon Police Department (w/o enclosure) Grants/SHSGP 11/Subrecipient Agreements/Agreements and Transmittals —Final Word Docs/ Vernon Approved Agreement Transmittal "To Enrich Lives Through Effective And Caring Service" Subrec pient A_greef lent Between the County of Los Angeles and The City of Vernon Grant Year 2011 Homeland Security Grant Program SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT ("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"). WITNESSET'H 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 (Cal EMA) for the 2011 Homeland Security Grant Program (HSGP); and `WHEREAS, the Cal EMA provides said funds to the County of Los Angeles as its Subgrantee, and CEO is responsible for managing and overseeing the HSGP funds that are distributed 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 the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of an HSGP 2011 grant from Cal EMA for the Subrecipient in the amount of $50,000; 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 May 1, 2012 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows: Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement SECTION 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: Heather Singh, Grants Manager Chief Executive Office, LAC 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 974-2319 Fax: (213) 687-3765 hsingh@ceo.lacounty.gov / I 2 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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) 826-1438 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) 58375171 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, regular U.S. Postal mail service and/or e-mail. 1n the case of event of personal delivery or email, the message shall be deemed communicated upon receipt by the County. In event of mail service, the message 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/HSGP 2011/SubrecipientAgreements/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 Grant 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. Performance Period The performance period of this Agreement shall be from November 18, 2011 to January 31, 2014, unless the County of Los Angeles, with Cal EMA approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period shall be so extended by such written notification, as provided in §502, below. 4 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement rev §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 2011 Grant, which has been approved by Cal EMA. 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 comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal EMA 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 of $100,000 or more, justification must be presented to CEO, who upon review will request approval from Cal EMA. Such approval in writing must be obtained prior to the commitment of funds. E. Subrecipient shall provide any reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports shall be in the form requested by the County of Los Angeles, and shall be provided by the 15th of the following month. Subrecipient shall timely submit claims for reimbursement. F. 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. G. Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit finding. H. Subrecipient will be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal EMA grant program requirements. The County of Grants/HSGP 201 1/SubrecipientAgreements/Vernon Agreement 5 Los Angeles anticipates that said monitoring will include, at a minimum, one on -site visit during the term of this Agreement. Any equipment acquired pursuant to this Agreement shall be authorized in the G&T Authorized Equipment List (AEL) available online at http://www.rkb.us and the Allowable Cost Matrix to the 2011 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 2011 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. 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/HSGP 2011/Subrecipient Agreements/Vernon Agreement 6 I 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. K. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit or subsequent grant year programs. L. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit, and must be first submitted to CEO and then pre -authorized by Cal EMA. A catalog of federally approved and sponsored training courses is available at http://www.oip.usdoi-gov/odp/training.htm. M. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov, N. 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. O. Any organization activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Program Guidance and Application Kit. Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 7 SECTION III PAYMENT §301. Payment of Grant Funds and Method of Payment A. The County of Los Angeles shall reimburse Subrecipient up to the maximum grant amount of $50,000 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 2011 HSGP Grant Award Letter from Cal EMA. 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 Cal EMA. 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 Cal EMA and a Cal EMA 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 (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise and submit proof of State approval of the AAR with the reimbursement request. For planning reimbursements, Subrecipient must include a copy of the final tangible product as a result of the planning project. C. The County of Los Angeles may, at its discretion, and with Cal EMA approval, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon completion of an approved project, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301.A., above, will not be utilized. As provided in §502, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient. 8 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement rev 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. F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds. 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. Grants/HSGP 2011/Subrecipient Agreements/vernon Agreement 9 §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 maybe amended only as provided for herein. §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, lapse, non renewal or restriction 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). Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 10 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.o*p.usdoe.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. §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: A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 1 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or, 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" means 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" means: a. Any director indirect financial interest in the specific contract, including but not limited to, 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, or 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. 12 Grants/HSGP 2011/SubrecipientAgreementsNernon 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. 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 "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor". §410. Restriction on Disclosures Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §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 Manaqement and Budaet (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. 13 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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 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. 14 Grants/HSGP 2011/Subrecipient Agreements/Vernon 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 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. 15 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement None of the funds. shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et sue. 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 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (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 Ill of the UniformRelocation 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 16 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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. 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 seq. 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 fund_ s 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.). 17 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 12. Suspension, Debarment, Ineli iq bility and Voluntary Exclusion 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. 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: 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 18 Grants/HSGP 201 1/SubrecipientAgreementsNernon Agreement 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 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; andPart83, 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. 19 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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 2011 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 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 Stater 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 (asamended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient 20 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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 Unless otherwise provided by the State or the terms 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. 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. 21 Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement §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 of the Subrecipient's contractors and sub -contractors. 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 Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301.A., above, or any extension of the performance period specified in §201, above, shall not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient. SECTION VI ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication 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/HSGP 2011/Subrecipient AgreementsNernon Agreement rev 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 U401--, WILLIAM UJI Chief Executive Officer By < ACHI A. HAMA Executive Officer, Board of Supervisors APPROVED AS TO FORM JOHN F. KRATTLI County Counsel B City Representative/Titl (signature) William Davis, Mayor Pro-Tem APPROVED AS TO FORM M Chief Deputy Willard G. Ya ATTPCT chi 01r 2 �` Z Date WENDY L A ANABE Auditor-C n oller William J. Davis (Print Name) Date Willard G. Yamaguchi (Print Name) Date Willard G . Yamaguchi - (Print Name) Date Grants/HSGP 2011/Subrecipient Agreements/bernon 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 CalEMA 2-232 Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES ('mmnlP.tP thiQ fnrm fin rli zrinca Inhhvinn mrrfiviticc nT irei innf fn '2'I I I C (' 9'ZF7 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ® a. initial filing �g a. contract a. bid/offer/application b. grant b. initial award b. material change c. d. loancooperative agreement c. post -award For Material Change Only: e. loan guarantee Year Quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: Cit of Vernon ta Fe Avenue 5. If Reporting Entity in No. 4 is Subawardee, Vernon, CA 90058 Enter Name and Address of Prime: County of Los Angeles Prime Subawardee 500 W. Temple Room 754 Tier, Ifknown: Los Angeles, CA 90012 Congressional District, if known: 4c34 Congressional District, if known: 6. Federal Department/Agency: 7. Federal.Program Name/Description Vi)UG'W _ MOE PONDWO �I:CVAITH GAA-T, LA14 CFDA Number, if applicable:. 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 (if individual, last name, first name, MI): j / (attach Continuation Sheet(s) SF-LLL-A, if necessary) Y9U (last name, first name, MI - 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): i a. cash .•... c, commission b. in -kind; specify: d. contingent fee e. deferred nature value f.. other; specify: 14. Brief Description of Services Performed onto be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11: (attach Continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: Yes 05No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. Signature: v This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. Name: ifwnrtb This disclosure is required pursuant to 31 U.S.C. 9352. This information will be Title: City Administrator reported to the Congress semi-annually and will be available for public inspection. Any Telephone: 323 583-8811 person who fails to file the required disclosure shall be subject to a civil penalty of not (a a ce less than $10,000 and not more than $100,000 for each such failure. Date: 121 Z, Federal Use Only: Authorized for Local Reproduction Standard Form — LLL Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) EXHIBIT A CalEMA 2-232 Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES C'.mmnlP_tA thic fnrm to riicclnsP Inhhvinn activities Dursuant to 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. initial filing a. contract a. bid/offer/application b. material change b. grant b. initial award c. cooperative agreement c. post -award For Material Change Only: d. loan e. loan guarantee Year Quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier, If known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, MI): (last name, first name, MI - include address if different from 10a) (attach Continuation Sheet(s) SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply): EActual Planned a. retainer b. one-time fee 12. Form of Payment (check all that apply):` a. cash K _ _ -.. c. commission r b. in -kind; specify: EJ d. contingent fee 5371 e. deferred nature value f. other, specify: 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 Sheet(s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. Signature: This disclosure of lobbying activities is a material representation of fact upon which Name: reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be Title: reported to the Congress semi-annually and will be available for public inspection. Any Telephone: person who fails to file the required disclosure shall be subject to a civil penalty of not (area code) less than $10,000 and not more than $100,000 for each such failure. 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: Last Name First Name MI Address City Zip Last Name First Name MI Address City Zip Last Name First Name MI Address City Zip Last Name First Name MI 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) 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. 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) Ca[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). 11. 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 implementing Executive Order 12549, 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 SIGr\tAT RE DATE ATTES G. lYaidagucV, City 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, in 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 e EXHIBIT D California Emergency Management Agency (Cal EMA) Fiscal Year (FY) 2011 Grant Assurances (All HSGP Applicants) Subrecipient Name of City of Vernon Address: 4305 Santa Fe Avenue City: Vernon State: CA Zip Code: 90058 Telephone Number: (323) 583-8811 Fax Number: (323) 826-1481 E-Mail Address: iwi negar0cov dl arg subrecipient sub ecipient As the duly authorized representative of the a r , I certify that the named above: Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. 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, Cal EMA. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA, where applicable. 5. Will give the federal government, the General Accounting Office, the Comptroller General of the United, States, the State of California, the Office of Inspector General, 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. 6. 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, follow the federal and state approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. 7. 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 days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all regulations applicable to DHS/FEMA grants, including, but not limited to, 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments including, but not limited to, all provisions relevant to the payment of interest earned on advances. 11. Will comply with all provisions of 48 CFR, Part 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12. 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. 13. 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 and Cal EMA. 14. Agrees that, to the extent contractors or subcontractors are .utilized, will use small, minority -owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 16. 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 structures. 17. Will comply, and will assure the compliance of all agents and contractors, with all federal and state 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 against individuals with disabilities. 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. Sections 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. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made. k. 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. Page 2 18: 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 Cal EMA, FEMA and the U.S. Department of Justice Office of Civil Rights, Office of Justice Programs. 19. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 20. 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. 21. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the, program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 22. Will comply with all applicable federal, state, and local enviromnental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Applicant 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. 23. Will comply with all regulations applicable to DHS/FEMA grants including, but not limited to, 44 CFR, Part 10, Environmental Considerations. Applicant will also comply with all state laws, including the California Environmental Quality Act. 24. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA and Cal EMA including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction- related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground - disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA, Cal EMA, and the appropriate State Historic Preservation Office. 25. Agrees any; construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. Subgrantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to Cal EMA for review. The EHP Screening Form is part of an Information Bulletin available at: Nvv,,w.fema.gov/doc/government/grant/bLilletins/info329 final screening memo.doc. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. 26. 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 Page 3 Initials Violating Facilities, and will notify Cal EMA and FEMA 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. 27. Will provide any information requested by DHS/FEMA and/or 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), Environmental Justice (12898), and Environmental Quality (11514). b. Notification of violating facilities pursuant to EO 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). £ California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-21098: California Code of Regulations (CCR), Title 14, Chapter 3 Sections 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. 28. 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. 29. 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 of FEMA'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. " 30. 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. 31. The recipient agrees to consult with DHS/FEMA and Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 32. 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 goverriment. 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. 33. 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 19 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). 34. 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. 35. 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. 36. Understands and agrees that the applicant, grantees, subgrantees, recipients, sub -recipients, employees of the applicant, grantees, subgrantees, recipients and subrecipients, may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any award, without penalty, if the, subgrantee" that is a private entity: d. Is determined to have violated a prohibition identified in paragraph 35, subsections a, b, or c,- or e. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 35 subsection a, b, or c through conduct that is either: i. associated with performance under this award; or ii. imputed to the authorized agent or subrecipient using the standards and due process for imputing the conduct of an individual to an organization provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Department and Suspension (Non -procurement)," as implemented by DHS/FEMA at 2 CFR, Part 3000. And further understands that subgrantees and subrecipients must: f. Inform Cal EMA immediately of any information received from any source alleging a violation of a prohibition in paragraph 35 subsection a, b, or c; g. FEMA's right to terminate unilaterally as described in paragraph 35 implements section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 USC 7104(g)). The right of FEMA and Cal EMA to terminate this award unilaterally is in addition to all other remedies for noncompliance that are available under this award. Page 5 h. For purposes of this term: i. `Employee" means either: i. an individual employed by the subgrantee or subrecipient who is engaged in the performance of the project or program under this award; or ii. another person engaged in the performance of the project or program under this award and not compensated by the subgrantee or subrecipient, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii. "Forced labor" means labor obtained by any of the following methods; the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. iii. "Private entity" means any entity other than a state, local government, Indian Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25, and includes non-profit organizations, including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b), and for -profit organizations. iv. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 USC 7102). 37. 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. 38. 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. 39. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 41. Agrees that where an award recipient, grantee, subrecipient, or subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.govlxopnbiz/grants/index.shtm. /-- n_o Page 6 li0 42. Understands that immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 E-mail: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, DC 20528 43. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive or make a subaward to any entity unless the entity has provided its DUNS number. a. For purposes of this award term, the following definitions will apply: i. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705- 5711) or the Internet (currently at http:" fedgov.dnb.com/webfortn). ii. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -profit organization; or a federal agency, but only as a sub -recipient under an award or subaward to a non-federal entity. iii. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non - Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. iv. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the federal funds provided by the subaward. 44. 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. 45. 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. Page 7 b. If any other funds than federal appropriated fiords have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 46. 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. 47. 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. 48. 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. 49. 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). 50. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990 51. 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. 52. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 53. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 54. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the Page 8 Initi FY 2011 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 FY 2011 Homeland Security Grant Program application. Further, use of FY 2011 funds is limited to those investments included in the California FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA and evaluated through the peer review process. 55. Will not make any award or permit any award (subgrant or contract) to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under EOs 12549 and 12689, "Debarment and Suspension". 56. As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and 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 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. 57. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: I 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 ongoing 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 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 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. Page 9 e. Notifying Cal EMA, in writing, within 10 calendar days after receiving notice under subparagraph (d)(ii) 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, DC 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)(ii), 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 paragraph 57 subsections (a), (b), (c), (d), (e), and (f). 58. Will comply with all applicable requirements of all other federal and state laws, EOs, regulations, program and administrative requirements, policies and any other requirements governing this program. 59. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability: unless you are exempt as provided in subsection (d) of this paragraph, subrecipient must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009. b. Where and when to report: you must report each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) C. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if: i. The total federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Page 10 Initials- v Security and Exchange Commission total compensation filings at http://www.see.L,ov/,uiswers/execotnp.htni.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more .of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http: tiN�vw.sec gov,'answers/execomp.htm.)You must report subrecipient executive total compensation to Cal EMA by the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. 60. Exemptions to Paragraph 59 include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. a. Definitions associated with paragraph 59 include: i. "Executive" means officers, managing partners, or any other employees in management positions. ii. "Total compensation" means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): ■ Salary and bonus. ■ Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. ■ Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. ■ Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. ■ Above -market earnings on deferred compensation which is not tax -qualified. ■ Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 61, Understands that failure to comply with any of the.above assurances may result in suspension, termination, or reduction of grant funds. Page 11 The undersigned represents that he/she is authorized by the above named su rec '1POiener into this agreement for and on behalf of the said eaia Signature of Authorized Agent: Printed Name of Authorized Agent: Mark Whitworth Title: City Administrator Date: Z /. EXHIBIT E EDMUND G. BROWN JR. GOVERNOR LW November 18, 2011 Mr. William Fujioka Los Angeles County 500 W. Temple Street Los Angeles, CA 90012 Cal EMA CALIFORNIA EMERGENCY MANAGEMENT AGENCY SUBJECT: NOTIFICATION OF SUBGRANTEE APPLICATION APPROVAL FY 2011 Homeland Security Grant Program (HSGP) Grant #2011-SS-0077, Cal EMA ID# 037-00000 Subgrantee Performance Period: November 18, 2011 to April 30, 2014 Dear Mr. Fujioka: MIKE DAYTON ACTING SECRETARY The California Emergency Management Agency (Cal EMA) has approved your FY 11 Homeland Security Grant Program (HSGP) award in the amount of $14,994,938. Once your completed application is received and approved, you may request reimbursement of eligible grant expenditures using the Cal EMA financial management forms workbook available at www.calema.ca.gov . During the review process, a Cal EMA representative examined and evaluated your FY1 I HSGP grant application. As a result of this review, some of your funded projects may have been assigned performance milestones shorter than the subgrantee performance period, based in part on information provided in your application and submitted workbook. Performance milestones will be used by Cal EMA to both determine the appropriate date to disencumber funds awarded under this grant and re -direct them to other needs across the State and as indicators of performance and grant management capacity in future competitive grant applications. Activities: Amount Completion Date ALL PROJECTS $6,000,000 11/30/2012 Additionally, Aviation/Watercraft requests, Establish/Enhance Emergency Operations Center (EOC) projects, projects requiring EHP review and sole source procurement requests will require additional approvals from Cal EMA. For that reason, Project(s) A, B, and D, are not approved at this time, pending receipt of required supplemental documentation and/or approval from 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. HOMELAND SECURITY, PROP IB AND EMERGENCY MANAGEMENT BRANCH 3650 SCHRIEVER AVENUE MATHER, CA 95655 . (916) 845-8510 PHONE - (916) 324-5902 FAX Mr. William Fujioka, . Page Two 11/18/2011 Following acceptance of this award, you must enter your grant information into the US Office of Grants and Training, Grant Reporting Tool (GRT), for the December 2011 Biannual Strategy Implementation Report (BSIR) period. The GRT can be accessed online at https://www.reporting.odp.dhs.p-ov/. Semi- annual performance reports must be prepared and submitted to Cal EMA via the GRT for the duration of the grant period or until all activities are completed and the grant is formally closed. Failure to submit performance reports could result in grant reduction, termination, or suspension. This grant is subject to all .policies and provisions of the Federal Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal EMA. Your dated signature is required on this letter. Please sign and return the original to your Cal EMA program representative within ten days of receipt, and keep a copy for your files. For further assistance, please feel free to contact your Cal EMA program representative or the Homeland Security Grants, Section (HSGS) at (916) 845-8510. Sincerely, BRENDAN A. MURPHY Acting Undersecretary William Fujiok��KutfQrVed Agent, Los Angeles County Date HOMELAND SECURITY, PROPIB AND EMERGENCY MANAGEMENT BRANCH 3650 SCHRm-vtR AvENUE MATHER, CA 95655 (916) 845-8510 PHONE • (916) 324-5902 FAx EXHIBIT F Part V1. Section A. HSGP Allowable Costs FY 2011 Allowable Cost Matrix 59 CBRNE Operational Search and Rescue Equipm Information Technology Cyber Security Enhancement Equipment Interoperable Communications Equipment Detection Decontamination Medical Power CBRNE Reference Materials CBRNE Incident Response Vehicles Terrorism Incident Prevention Equipment Physical Security Enhancement Equipment Inspection and Screening Systems Agriculture Terrorism Prevention, Response, and CBRNE Prevention and Response Watercraft CBRNE Aviation Equipment CBRNE Logistical Support Equipment Intervention Equipment Public Alert and Warning Equipment Disability Access and Functional Needs Other Authorized Equipment Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training Training workshops and conferences Activities to achieve training inclusive of people with disabilities Full- or part-time staff or contractors/consultants Travel Supplies Tuition for higher education Other items Design, Develop, Conduct, and Evaluate an Exercise Exercise planning workshop Full- or part-time staff or contractors/consultants Overtime and backfill costs, including expenses for part-time and in 61 EXHIBIT G 2008 HOMELAND SECURITY GRANT REIMBURSEMENT FORM J�ty OF lOg'gHC�� - �F, AWARD NUMBER: 2011-SS-0077 } } PERFORMANCE PERIOD: 11/18/2011- 01/31/2014 iFoaN"•`' Chief Executive Office/County Disaster Administrative Team COUNTY OF LOS ANGELES 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. i DATE TAXPAYERID# MAKE CHECKS PAYABLE TO: MAILING ADDRESS CITY, ZIP i---- --- -- -- _— �- -=--- -- --- --- ---- - - --- -J PHONE AUTHORIZED SIGNATURE 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 E-mail AUTHORIZED SIGNER NAME/TITLE 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 Invoice Number Project # (e.g..41 C) y k CLAIM HSGP RTTAC MMRS -- - 0.00 -- --- - - ---- --- -- -- -i - -- 0.00 ----- --- --- - _. 0.00 0.00 0.00 —i — - j -- — - - -- - -- - - - - -- - --� -- ---- 0.00_ TOTALS 0.00 0.00 0.00 0.00 REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT ❑ 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: http://www.epis.goy/epls/search.do ❑ No. Cl'es, screen listing is attached. ❑ Environmental and Historic Preservation (EHP) required? ❑ No ❑ Yes (Prior State approval attached) FOR EQUIPMENT: El 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 event. hftl)s:/Ihseep.dhs.gov/DHS SSO/?ReturnUrl=%2froolkitHome.asp ❑ 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 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. "AUTHORIZED SIGNATURE / DATE *AUTHORIZED SIGNER NAME/TITLE 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. Checklist CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM SUBRECIPIENT AGREEMENT BETWEEN THE.COUNTY OF LOS ANGELES AND THE CITY OF VERNON THIS AGREEMENT ("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 (Cal EMA) for the 2011 Homeland Security Grant Program (HSGP); and 'WHEREAS, the Cal EMA provides said funds to the County of Los Angeles as its Subgrantee, and CEO is responsible for managing and overseeing the HSGP funds that are distributed 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 the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of an HSGP 2011 grant from Cal EMA for the Subrecipient in the amount of $50,000; 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 May 1, 2012 authorized the CEO to prepare and execute this Agreement. NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows: Grants/HSGP 2011/Subrecipient Agreements/vernon Agreement 1 SECTION INTRODUCTION §101. Parties to this Agreement The parties to this Agreement are: A. County of Los Angeles, apolitical 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 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: Heather Singh, Grants Manager Chief Executive Office, LAC 500 W. Temple Street, Room 754 Los Angeles, CA 90012 Phone: (213) 974-2319 Fax: (213) 687-3765 hsingh@ceo.lacounty.gov 2 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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) 826-1438 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, regular U.S. Postal mail service and/or e-mail. In the case of event of personal delivery or email, the message shall be deemed communicated upon receipt by the County. In event of mail service, the message 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/HSGP 2011/Subrecipient Agreements/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 bean 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 Grant 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 January 31, 2014, 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/HSGP 2011/Subrecipient Agreements/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 2011 Grant, which has been approved by Cal EMA. 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 comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal EMA 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/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 of $100,000 or -more, justification. must be presented to CEO, who upon review will request approval from Cal EMA. Such approval in writing must be obtained prior to the commitment of funds. E. Subrecipient shall provide any reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports shall be in the form requested by the County of Los Angeles, and shall be provided by the 15t" of the following month. Subrecipient shall timely submit claims for reimbursement. F. 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. G; Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any audit finding. H. Subrecipient will be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal EMA grant program requirements. The County of Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 5 Los Angeles anticipates that said monitoring will include, at a minimum, one on -site visit during the term of this Agreement. Any equipment acquired pursuant to this Agreement shall be authorized in the G&T Authorized Equipment List (AEL) available online at http://www.rkb.us and the Allowable Cost Matrix to the 2011 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 2011 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and Office of G&TFinancial 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. 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/HSGP 2011/Subrecipient AgreementsNernon 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. K. Any planning paid pursuant to this Agreement shall conform to the. guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit or subsequent grant year programs. L. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security, Grant Program, Guidance and Application Kit, and must be first submitted to CEO and then pre -authorized by Cal EMA. A catalog.of federally approved and sponsored training courses is available at http://www.olp.usdoi.gov/odr)/training,htm. M. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Guidance and Application Kit. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at http://hseep.dhs.gov. N. 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. O. Any organization activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2011 Homeland Security Grant Program, Program Guidance and Application Kit. Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 7 SECTION III PAYMENT §301.. Payment of Grant Funds and Method of Payment A. The County of Los Angeles shall'reimburse Subrecipient up to the maximum grant amount of $50,000 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 2011 HSGP Grant Award Letter from Cal EMA, 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 Cal EMA. 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 Cal EMA and a Cal EMA 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 (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within 60 days following completion of the exercise and submit proof of State approval of the AAR with the reimbursement request. For planning reimbursements, Subrecipient must include a copy of the final tangible product as a result of the planning project. C. County may, at its discretion, and with Cal EMA 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, and, at the sole election of the County of Los Angeles, may be effected by a written notification issued by the County of Los Angeles. 8 Grants/HSGP 2011/Subrecipient AgreementsNernon 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, F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds. 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, Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 9 §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein. §404. 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, lapse, non renewal or restriction 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), 1 Grants/HSGP 2011/Subrecipient Agreements/vernon Agreement 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.o'p,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; §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 GovernmentCode 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: A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 1 �. 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California. Government Code §87100 et seq. if such person were a public officer, because such person would have a."financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" means 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" means: a. Any direct or indirect financial interest in the specific contract, including but not limited to, 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, or 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.. Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 12 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 "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor". §410. Restriction on Disclosures Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.). §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. 13 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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 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 Activit /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. Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 14 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 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. Grants/HSGP 2011/Subrecipient AgreementsNemon Agreement 15 None of the funds shall be used to promote or deter Union/labor organizing activities. CA Gov't Code Sec. 16645 et seq. 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 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (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 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 119.88; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 16 Grants/HSGP 201 VSubrecipient Agreements/Vernon Agreement 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. 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.). 17 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 12. Suspension, Debarment Ineligibility and Voluntary Exclusion 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 Angelesconcurrent with the execution of this Agreement and shall certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient shall require that the language of this Certification be included in the award documents for all sub - award at all tiers and that all subcontractors shall certify accordingly. 13. 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 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 18 Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System ($EMS) 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 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. Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 19 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 2011 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 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 20 Grants/HSGP 2011/Subrecipient AgreementsNernon Agreement 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 State or the terms 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. 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, Grants/HSGP 2011/Subrecipient Agreements/Vernon Agreement 21 §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 of the Subrecipient's contractors and sub -contractors. 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 persons 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, and, at the sole election.of the County of Los Angeles, may be effected by a written notification issued by the County of Los Angeles. SECTION VI ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication 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/HSGP 2011/Subrecip'ient AgreementsNernon Agreement 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 CalEMA 2-232 Approved by OMB 0348.0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobb .in activities pursuantto 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ e. contract ❑ a. bid/offer/application F❑ a. initial filing b. grant b. initial award b. material change c. cooperative, agreement c. post -award d. loan For Material Change Only: e. loan guarantee'Year. Quarter f• loan insurance yy date of last report; 4. Name and Address of Reporting Entity: C it4305 Santernon Fe venue 5. If Reporting Entity in No. 4 is Subawardee, Vernon, CA 90058 Enter Name and Address of Prime: County of. Los Angeles t500 W. Temple 3r , Prime ( Subawardee Room 754 i i Tier,.. Ifknown Los Angeles, CA'90012 Congressional District, if known: 4r_3A, Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 97.067 8. Federal Action Number, if known: 9. Award Amount, 117known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name; first name, a (attach Continuation Sheet(s) SF-LLL-A, if necessssary). (last name, first name, MI -Include address if different from 10a) 11. Amount of Payment (check all that apply) 13 Type of Payment (check all that apply):, 4` Actual Planned a. retainer 12. Form of Payment (check all that apply): 1 b. one-time fee y7 a. cash - c. commission b. in -kind; specify: d. contingent fee OR t e. deferred nature value f. other; specify: 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Memter(s)4contacted, for Payment indicated in item 11: (attach Continuation Sheet(s) SF-Lt.L-A, if necessary) 15. Continuation Sheet(s) SF-LLL-A attached: °i►& a Yes h{h), No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 7352. Signature: This disclosure -of lobbying activities is a material representation'offect upon which'Name: reliance was placed by the tier above when this transaction was made or entered Into: This disclosure is required pursuant to 31 U.S.C: "1352. This information' will be Title: C, ity,, Administrator reported to thei'Congress semi-annually and will' be available for public inspection. Any Telephone;'1323' . 583-881' person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Date: Federal Use Only: Authorized for Local Reproduction Standard Form —[LLL Disclosure of Lobbying Activities CalEMA 2-232 (Revised 2/1/2009) 'i Approved by OMB 0348-0646 DISCLOSURE OF LOBBYING ACTIVITIES CONCONTINUATION SHEET Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity: Last Name First Name Ml Address City Zip Last Name First Name MI Address City Zip MI Last Name First Name Address City Zip 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 - LLL-A Disclosure of Lobbying Activities - CalEMA 2-232 (Revised 2/1/2009) CaIEMA 2-232 Approved by OMB 0348.0046 INS TRUCTIONS_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 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. 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. T 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) UEMA 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). 11. 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 211/2009) EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER' COVERED TRANSACTIONS This certification is required by the regulations implementing, Executive Order 12549, Debarment and Suspension, 24 CFR 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 E i I Mark Whitworth,, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGN . RE DATE ATT T[i W11 r3 G. Y `i, c ityS rk 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 lowertier 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. 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: Ct"v of Uernon CONTRACTOR/AGENCY Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE` SIGNAT RE OF AUTHORIZED'REPRESENTATIVE EXHIBIT D California Emergency Management Agency (Cal EMA) Fiscal Year (FY) 2011 Grant Assurances (All HSGP Applicants) Subrecipient Name of Wit: city of Uoton Address: 40?nt City: Vernon State: CA Zip Code: 90059 Telephone Number: (323) 5.83-8811. Fax Number: (3'23) 826-1481 E-Mail,Addresstringcnlrri�. subrecipient; sub ecipient As the duly authorized representative of the lie I certify that the�named above: 1, Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal.authority,to apply for federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion ofthe.grant provided by the U.S.' Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, Cal EMA. 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan` Medical Response System) or' -fiscal years. 4. Will comply with any cost sharing commitments included In the FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA,, where applicable. 5. Will give the federal government, the General Accounting Office, -the Comptroller General of the United' States, the State of California, the Office of Inspector General, 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. 6. Agrees that funds utilized to establish or enhance state and -local fusion centers,mustaupport the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines follow the federal and state approved privacy` policies, and achieve (at a minimum) baseline -. level of capability as defined by the Fusion Capability Planning Tool. 7. 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 days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the' applicable time frame after receipt of approval from Cal EMA, Page IInitials 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all regulations applicable to DHS/FEMA grants, including, but not limited to, 44 CFR, Part 13 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments including; but not limited to, all provisions relevant to the payment of interest earned, on advances. 11. Will comply with all provisions of 48 CFR, Part 31..2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12. 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. 13. ' 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 and Cal EMA'. 14. Agrees that, to the extent contractors or subcontractors are, utilized, will use small, minority -owned, women -owned or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have;a significant impact on award -supported activities, including changes to key program staff. 16. 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 structures. 17. Will comply, and will assure the compliance of all agents and contractors, with all federal and state 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 against individuals with disabilities. " 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. 91-6.16), as amended,, relating°to nondiscrimination on,the basis of alcohol abuse or alcoholism. g Sections 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. j. The requirements of any other nondiscrimination provisions.in the specific statute(s) under which the application for federal assistance is being; made: k. 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'. Page 2 Initials, . 18. 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 Cal EMA, FEMA and the U.S. Department of Justice Office of Civil Rights, Office of Justice Programs. 19. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award, 20. Will comply with the requirements of Titles 11 and III of the Uniforin Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.:§ 4601et seq. [P.L. 91-646]) which provides 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 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. 21. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), which requires recipients in a special flood hazard area to participate in the, program and: to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 22. 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 obtainapplicable permits. may jeopardize federal' funding. Applicant 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. 23. Will comply with ,all regulations applicable to DHS/FEMA grants including, but not limited to, 44 CFR, Part 10,<Environmental Considerations. Applicant will also comply with all state laws, including the California Environmental Quality Act. 24. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written_ approval of DHS/FEMA and Cal EMA including, but not limited to, ground` disturbance, construction, modification to any structure, physical security'enhancements„communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment The subgrantee must'` comply with all conditions and restrictions placed on the project as a result of the EHP review,, Any construction- related activities initiated without the necessary EHP review and approval will result in a noncompliance' finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance, If any potential archeological resources are discovered, the subgrantee will immediately - cease activity in that area and notify DHS/FNMA, Cal EMA;, and the appropriate State Historic Preservation Office. 25. Agrees any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. 'Subgrantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to Cal EMA for review. The EHP Screening Form is part of an Information Bulletin available at:,wtiXw.fema,gov/doc/government/,,rant/1?. illctms/mfo37y final screenir memo.doc. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon' receiving their grant award. 26 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 Page 3 Initial W Violating Facilities, and will notify Cal EMA and FEMA 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. 27. Will provide any information requested by DHS/FEMA and/or 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 (I 1988), Wetlands (11990), Environmental Justice (12898), and Environmental Quality (11514). b. Notification of violating facilities pursuant toEO 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' (CCR), Title 14, Chapter 3 Sections 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. 28, 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. 29. 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 FEALVs 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! 30. 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 Et recipient or sub -recipient purchases ownership with federal support. 31. The recipient agrees toconsult with�DHS/FEMA and ICal EMA regarding the allocation of any patent rights that arise from, or are purchased'' with, this funding. 32. 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 Initi"'ls 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 finds, and will return'. all interest earned, in excess of $100 per Federal Fiscal Year, 33. 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 19 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). 34. 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., 35. 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. 36. Understands and agrees that the applicant, grantees, subgrantees, recipients, sub -recipients, employees of the applicant, grantees, subgrantees, recipients and suhrecipients, may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards udder the award. Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any award, without penalty, if the subgrantee that is a private entity: d. Is determined to have violated a prohibition identified in paragraph 35, subsections a, b, or c or ' e. Has an employeewhois determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 35 subsection a, b, or c through conduct that is either: i, associatedwith, performance under this award; or ii. imputed to the authorized agent or subrecipient using the standards and due process for imputing the conduct of an individual to an organization provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Department and Suspension (Non -procurement)," as implemented by DHS/FEMA at 2 CFR, Part 3000. And further understands that subgrantees and subrecipients must: f Inform Cal EMA immediately of any information received from any source alleging a violation of a prohibition in paragraph 35 subsection a, b, or c; g. FEMA's right to terminate unilaterally as described in paragraph 35 implements section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 USC 71'04(g)). The right of FEMA and Cal EMA to terminate this award unilaterally is in addition to all other remedies for noncompliance that are available' under this award. Page 5 Initials h. For purposes of this term; i. "Employee" means either: i. an individual employed by the subgrantee or subrecipient who is engaged in the performance of the project or program under this award; or ii. another person engaged in the performance of the project or program under this award and not compensated by the subgrantee or subrecipient, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii. "Forced labor" means labor obtained by any of the following methods: the; >_ recruitment, harboring, transportation, provision, or obtaining of a person, for labor or services, through the use of force; fraud, or coercion for 'the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. iii. "Private entity" means any entity; other than a state, local government, Indian Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25, andinchrdes' non -profit -organizations,; including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b), and for -profit organizations. iv. Severe forms of trafficking in persons, commercial sex act, and coercion have the meanings given at section 103 of the TVPA, as amended (22 USC 7102). 37. 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. 38. 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. 39. Agrees that "Classified,; national security information," as defined in Executive Order (EO) 1,2958, as amended, means information that has been determined pursuant to ISO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 41. Agrees that where an award recipient, grantee, subrecipient, or subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national' security; information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch ;(ISPB),'or, an appropriate,official within the - federal department or agency with whom the classified effort will be',performed. Such contracts, r' subawards, or other agreements shall be processed and administered in accordance with the DHS "'Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008;' BIOS 12829, 12958, 12968, as amended; the National Industrial Security Program Operating' Manual (NiSPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://wr�w,dlts gov/�c»nb' .rantsli a� dex.shttt:, Page 6 Initia ' 42. Understands that immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution, of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information; Telephone: 202-447-53 46 E-mail: DD254AdiniiiistiativeSecurity@dh5.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, DC 20528' 43 Agrees with the requirements regarding•Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive or makea subaward to any entity unless the entity has provided its DUNS number. a. For purposes of this award term, the following definitions :will apply: i. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705- 5711) or the Internet (currently at htti):Ufedov.dnb.com/webfortn). ii. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart`C, as a Governmental organization, which is a state, local government, or Indian Tribe; or foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -profit organization; or a federal agency, but only as a sub -recipient under an award or subaward to a non-federal entity. iii. "Subaward" means a legal' instrument to provide support for the performance of any portion', of the substantive project or program for which you received this award ,and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation,; see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non - Profit Organizations") and may be„provided through any legal agreement, including an agreement that you consider a contract. iv. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the, federal funds provided by the subaward. 44. 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 2760 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. 45. 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 federali grant or.cooperative agreement, Init b. If any other funds than federal appropriated fiords 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 Iin, 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 subconiract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $.10,000 and not more than $100,000 for each such failure. 46. 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. 47. 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. 48, 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. 49. 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 A410); 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), 50. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 51. 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. 52. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations: 53, Will comply with the financial and administrative requirements set forth in the current edition of the'DHS Financial Management Guide._ 54, Agrees that all allocations and; use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the Page 8 Initials , . FY 2011 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 FY 2011 Homeland Security Grant Program application. Further, use of FY 2011 funds is limited to those investments included in the California FY 201.E Investment Justifications submitted to DHS/FEMA and Cal EMA and evaluated through the peer review process. 55. Will not make 'any award or permit any award (subgrant or contract) to any party that is debarred or suspended or is otherwise excluded from or ineligiblefor participation in federal assistance programs under;EOs 12549 and'12689, "Debarment and Suspension" 56, As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR.Pail 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violatiornof federal or state antitrust statutes or commission of embezzlement, "theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by agoverrimental-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 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. 57. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by; a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions:that will be against employees for violation of such prohibition. b. Establishing an ongoing 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; ass istance.programs;"and iv. The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace. c: Making it a requirement that each employee 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 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. Page 9 `- e. Notifying Cal EMA, in writing, within 10 calendar days after receiving notice under subparagraph (d)(ii) 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,, DC 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)(ii), 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 paragraph 57 subsections (a), (b), (c), (d), (e), and (f). 58. Will comply with all applicable requirements of all other federal and state laws, EOs, regulations, program; and administrative requirements, policies and any other requirements governing this program. 59. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability: unless you are exempt as provided in subsection (d) of this paragraph, subrecipient must report each action that obligates $25,000 or more 'in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009 b. Where and when to report: you must report each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7,;2011, the obligation must be reported by no later than December 31 2011.) C. What to report: You must,report.the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA, d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives'for the preceding completed .fiscal year, if: i. The total 'federal funding authorized to date under this award is $25,000 or more; j ii. In the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts '(and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues -from federal procurement contracts (and subcontracts) and federal financial' assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have keess'to information about the compensation of the executives through periodic reports filed under section 13(a) or 15:(d),of.the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)).or section 6104 of the Internal Revenue Code of 1086. (To determine if the public has access to the compensation information, see the U.S. Page 10 li Security and Exchange Commission total compensation filings at httla www.sec, ;ov/answers/,�xec,orn, iv. Subrecipient,Executi es. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subreeipient's preceding 'fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts)and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards), and the public does not have access to information about the -compensation of the executives through periodic reports filed under section 13;(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 'b 104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htrsoc, ov;ans els/c pcom .lp �tin.)You must report subrecipient executive total - compensation to Cal ENM by the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. 60. Exemptions to Paragraph 59 include: If, in the previous tax year, you had gross income, from all sources, under $300,000 you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient:. a. Definitions associated with paragraph 59 include: i. "Executive" means officers, managing partners, or any other employees in management positions, ii. "Total compensation" means the cash and noncash dollar value earned by, the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229,402(c)(2)): ■ Salary and bonus. ■ Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS123R), Shared Based Payments. ■ Earnings for services under non -equity incentive plans.: This does not include group life, health,' hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. ■ Change in pension value. This is the change in present value of: defined_ benefit and actuarial pension plans: ■ Above -market earnings on deferred compensation which is not tax -qualified. ■ Other compensation, if the aggregate value of all: such other, compensation (e.g., severance, termination payments, value of life "insurance paid on'behalf' of the employee, perquisites or property) for the executive exceeds $10,000, 61. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page I niti - X } EXHIBIT E EDMUND G. BROWN JR. GOVERNOR Cal E- CALIFORNIA EMERGENCY MANAGEMENT AGENCY November 18, 2011 MIKE DAYTON ACTING SECRETARY Mr: William Fujioka Los Angeles County 500 W. Temple Street Los Angeles, CA 90012 SUBJECT: NOTIFICATION OF SUBGRANTEE APPLICATION APPROVAL FY 2011 Homeland Security Grant Program (HSGP) Grant #201 I-SS-0077, Cal EMA ID# 037-00000 Subgrantee Performance Period: November 18, 2011 to April 30, 2014 Dear Mr. Fujioka: The California Emergency Management Agency (Cal EMA) has approved your FY 11 Homeland Security Grant Program (HSGP) award in the amount of $14,994,93.8. Once your completed application is received and approved, you may request reimbursement of eligible grant expenditures using the Cal EMA financial management forms workbook available at www.calema.ca.gov . During the review process, a Cal EMA representative examined and evaluated your FYI 1 HSGP grant application. As a result of this review, some of your funded projects may have been assigned performance milestones shorter than the subgrantee performance period, based in part on information provided in your application and submitted workbook. Performance milestones will be used by Cal. EMA to both determine the appropriate date to disencumber funds awarded under this grant and re -direct them to other needs across the State and as indicators of performance and grant management capacity in future competitive grant applications. Activities: Amount Completion Date ALL PROJECTS $6,000,000 11/30/2012 Additionally, Aviation/Watercraft requests, Establish/Enhance Emergency Operations Center (EOC) projects, projects requiring EHP review and sole source procurement requests will require additional approvals from Cal EMA. For that reason, Projects) A, B, and D, are not approved at this time, pending receipt of required supplemental documentation and/or approval from 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. HOMELAND SECURITY, PROP 1B AND EMERGENCY MANAGEMENT BRANCH 3650 SCHRIEvER AVENUE MATHER, CA 95655 (916) 845-8510 PHONE • (916) 324-5902 FAX Mr. William Fujioka, Page Two 11/18/2011 Following acceptance of this award, you must enter your grant information into the US Office of Grants and Training, Grant Reporting Tool (GRT), for the December 2011 Biannual Strategy Implementation Report (BSIR) period. The GRT can be accessed online at https://www.reporting.odp.dhs.gov/. Semi- annual performance reports must be prepared and submitted to Cal EMA via the GRT for the duration of the grant period or until all activities are completed and the grant is formally closed. Failure to submit performance reports could result in grant reduction, termination, or suspension. This grant is subject to all .policies and provisions of the Federal Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal EMA. Your dated signature is required on this letter. Please sign and return the original to your Cal EMA program representative within ten days of receipt, and keep a copy for your files. For further assistance, please feel free to contact your Cal EMA program representative or the Homeland Security Grants, Section (HSGS) at (916) 845-8510. Sincerely, BRENDAN A. MURPHY Acting Undersecretary William Fujiok ut ed Agent, Los Angeles County Date HOMELAND SECURITY, PROPIB ANDEMERGENCY MANAGEMENT BRANCH 3650 SCHRIEVERAVENUE MATHER, CA 95655 (916) 845-8510 PHONE • (916) 324-5902 FAx EXHIBIT F Part VI. OTHER INFORMATION Section A. HSGP Allowable Costs 59 EXHIBIT G 2.008 ��pf ios,a"N� HOMELAND GRANT REIMBURSEMENT FORM AWARD NUMBER: 2011-SS'-0077 f 1 *� Imo)* PERFORMANCE PERIOD: 11/18/2011- 01/31/2014 Chief Executive Office/County Disaster Administrative Team COUNTY OF LOS ANGELES 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 i TAXPAYERID# ------------- .----------....- -- - - -._ _._ . - --------------------- --------- ----- - --- -._..- -... ---- - ----- ._ MAKE CHECKS PAYABLE TO: MAILING ADDRESS CITY, ZIP _.._..-._....._ —_._._.._...._...:..-_-- PHONE AUTHORIZED SIGNATURE Under Penalty of Perjury f 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 AUTHORIZED SIGNER NAME/Tfl-LE Please fax reimbursement requests to: SHARED SERVICES DIVISION Attn: GRANTS UNIT Fax (213) 947-5809 I SOLUTION AREA (Equipment, Training, Planning, Exercise) TOTAL BY FUNDING SOURCE TOTAL Project # �� f HSGP RTTAC MMIRS CLAIM Invoice Number Je.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 REQUIRED SUPPORTING DOCUMENTS FOR CLAIM REIMBURSEMENT p Grant Reimbursement Form with authorized signature and date El 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: http:/Iwww epls goy/epis/search do ❑ No. Les, screen listing is attached. ❑ Environmental and Historic Preservation (EHP) required? ❑ No ❑ Yes (Prior State approval 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 #I ID Tag #, Condition and Disposition, Deployed Location and Grant Year. www,rkb.us FOR TRAINING/EXERCISEIPLANNING: ❑ Training/Exercise Summary completed listing including: employee name, assignment (backfiil 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 event, httos://hseep_dhs.aov/DHS SSO/vReturn U&%2fToolkitHome.aspx ❑ R ster: Fill out a Training or Planning or Exercise Roster, whichever is applicable to this claim. E] Timecards: Indicating the # of hours charged per day, employee signature & supervisor signature n 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.lnvotces and training receipts with the dates of invoices agreeing with the training and exercise period. Workshop -Invoices for instructor; facilities,contractor and consulting services. *AUTHORIZED SIGNATURE 7 DATE "AUTHORIZED SIGNER NAME/TITLE 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. Checklist -RECEIVED JUL 10 2012 CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT DATE: July 5, 2012 TO: Honorable Mayor and City Council FROM: Jerry Winegar, Lieutenant QQ/ RE: 2011 State Homeland Security Grant Program (SHSGP) Subrecipient Agreement SUMMARY RECEIVED JUL 0 5 2012 CITY ADMINISTRATION The Police Department (PD) is seeking authorization to participate in the State Homeland Security Grant Program (SHSGP) for the fiscal year of 2011. The City has been awarded $50,000, all of which is allocated to the Police Department. This program is offered through the Department of Homeland Security through the Office for Domestic Preparedness. SUMMARY DETAILS The Police Department's award of $50,000 will be used for the purchase and installation of an Automated License Plate Reader (ALPR). The Automatic License Plate Reader is a fixed point or patrol car based license plate recognition system. Using a system of cameras mounted on vehicles or poles, the system scans the surrounding area for license plates. The system captures color images of each vehicle, as well as an infrared image of the plate, which is converted into a text file that is then checked against databases of interest (stolen vehicles, wanted felons, AMBER alerts, etc). In the event of a "hit", an audible and visual alert notifies the officers and our dispatch. center. In addition, the GPS.coordinate of where the license plate was read is also stored for future reference. The data from the ALPR units are used for data mining and intelligence purposes. The Police Department currently has one fixed and 4 mobile ALPR systems. We are in the process of installing additional cameras to our fixed system at a second intersection using grant funds of $50,000.00 awarded from the UASI 2010 grant. We have also been awarded $30,000 from the SHSGP 2010 grant to install additional cameras at intersections or on vehicles. The mobile systems. are mounted on vehicles, and the fixed system is mounted at strategic intersections within our City. 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 for FY11 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, Police Department 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 11 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 • FY 2009 State Homeland Security Grant Program, Resolution # 2010-172 FY 2010 State Homeland Security Grant Program, Resolution # 2011-103 CONCLUSIONS If approved by Council, the City of Vernon would need to complete a subrecipient agreement between the City -of Vernon and the County of Los Angeles. The agreement has been reviewed and approved as to form by City legal staff. The notification letter, a memo from City legal staff approving the agreement as to form, and two (2) copies of the agreement are attached. 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. � M Ls[ti$[Y IN OVA CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: July 3, 2012 TO: Daniel Calleros, Interim Chief of Police FROM: Willard G. Yamaguchi, Chief Deputy City Attorne RE: 2011 Homeland .Security Grant Program Subrecipient Agreement I have received and reviewed the Subrecipient Agreement for the 2011 Homeland Security Grant Program and the attachments thereto. The Subrecipient Agreement is approved as to form. WY:em Enclosures 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 June 19, 20.12 Willard Yamaguchi, City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Yamaguchi: 2011 HOMELAND SECURITY GRANT PROGRAM SUBRECIPIENT AGREEMENT JUN 25 2012 CITY CLERK'S OFFICE 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 JUL 0 2 2012 CITY ATTORNEY DEP7 On May 1, 2012, the Los Angeles County (County) Board of Supervisors accepted the 2011 Homeland Security Grant Program (HSGP) for the HSGP Los Angeles County Operational Area. 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 HSGP reimbursement of eligible expenses. You will find enclosed details of your project(s) approved for the 2011 HSGP and two copies of the Subrecipient Agreement (SA) between the City of Vernon and Los Angeles County. Both copies of the SA, with complete contact information as required in Paragraph 102B, signed Exhibits A, B, C, signed Exhibit D (with each page initialed in the lower right corner), and the Agreements executed (in blue ink) by the appropriate jurisdiction 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 Mr. Hirakawa will obtain the required County signatures and return a fully executed original of the SA to you. Please be aware that any sole source, aircraft, watercraft, 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: `To Enrich Lives Through Effective And Caring Service" Mr. Willard Yamaguchi June 19, 2012 Page 2 d If you have any questions, your staff may contact Mr. Hirakawa at (213) 974-1127 or by email at chirakawaCccD-ceo.lacounty.gov. Sincerely, WILLIAM T FUJIOKA Chief Executive Officer Carol Kindler Manager WTF:CK:hg/n Enclosures c: Daniel Calleros, Interim Police Chief, Vernon Police Department (w/o enclosures) Grants/2011 HSGP/Subrecipient AgreementsNernon Agreement transmittal 0 u c a °1 a O � H 2 ++ N .�i O N 4 11 0 O V1 m xlm w 4 Z PSI ISO `b � A g ON x`y L71 a-i � rFr, v C w a, ui ca c = tl`Ol x"£ _ x -- 7 O & J C N u E m - E a� w a � A - co C w LU i Lb J J pp 2 .M-I O 7. N m . O + E C saw 3 { 5s 0fo �n s t i v a PRIM AN so dsry n 0 CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: CONTRACT PURPOSE: Purchase and Installation of a Fixed Licnese Plate Reader System CONTRACT IS: D FEDERAL ❑ PREVAILING WAGE o COMPETIVE SELECTION &NOTICEDRFP 0 COMPETITIVE BID & NOTICED INVITATION TO BID ®: EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) A SERVICES'® MATERIALS O BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $47,372.60 Charge Acct.No(s) 011.2031.850000 Amendment Value $ o Contract is an Amendment to Contract No. (if Applicable) RESPONSIBLE DEPARTMENT PERSON: LT: Jerry Winegar PHONE: X 126 AUTHORIZATION: ® Approved by :Council on July 17, 2012 (Check One) Resolution No. 2012-141 (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by _ (if applicable) ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) Initials Date (1) Responsible Department Perron Checks substance of contract and assembles two (2) copies of Contract, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances And reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures; numbers, files contract, insurance and bonds, and transmits duplicate original to contractor A -I• N3 W-o Rev. 4/25/l3 cmStatus Contract Status Report Page: 3 6/25/2013 2:29:44PM CITY OF VERNON Contracts As Of: 06/25/2013 3M-PIPS TECHNOLOGY 804 INNOVATION DR. KNOXVILLE,TN37932 Contract #: PD-0089 FIXED ALPR SYSTEM Dates: 1. SPIKEPLET-810: IR with Color Overview, P-392 Spike Cameras with Onboard Illumination and Integrated Processor with ALPR/OCR Engine. Quantity (3) at $10,200 each = $30,600.00 2. FIXEDBCKT: All -in -one Camera Mounting Bracket Assembly. Quantity (3) at $604.50 each = $1,813.50 3. TERMBOX-2: NEMA 4 rated Dual Camera interface/termination box with power supply lightning protection, 100' data/comm. cable. Dual Camera Termination Box. Quantity (2) at $1.116.00 each = $2,232.00 4. On -site Installation, Engineering Service and Program Management = $9,384.00 5. Freight = $226.00 6. Sales Tax on Equipment at 9.00% = $3,118.10 Original contract amount: Revised contract amount: Retainage Adjustments: 0.00 Adjustments: 0.00 Notes: Balance Due on Contract: 47,372.60 . Retainage Due on Contract: 0.00 Total Due on Contract: 47,372.60 47,372.60 Approved: 47,372.60 Page:3 Police Department City of Vernon May 13, 2013 TO: Purchasing, PROMS Jerry Winegar, Lieutenant SUBJECT: Purchase Request (Sole Source) FYI 1 SHSGP — Fixed ALPR Soto/Fruitland This requisition is for the purchase and installation of an additional fixed Automatic License Plate Recognition (ALPR) camera system to be installed on the traffic pole for northboundtraffic at the intersection of Soto St. and Fruitland Ave. The vendor is 3M, formerly PIPS Technology, quotation attached. Overview: The APR system: captures a color 'image of a vehicle along with the license plate information and checks that information for each vehicle that passes by the cameras. The information is passed from the cameras to the police station through our fiber network which has a connection at the proposed intersection. The license information is immediately processed through the State of California Criminal Justice System where it is checked against a database of information. If the vehicle's license plate has been entered into the Justice System as a wanted vehicle (stolen vehicles, wanted persons, AMBER alerts, stolen license plates,; etc.), an alert will display on the vehicles Mobil Digital Computer (MbC) as well as our communications computer system being monitored by our on -duty police dispatcher. The dispatcher can then relay this information to additional police units in the field. The information and photograph captured on all vehicles is stored in our database and is accessible to ourpolice personnel as well as the personnel of other police agencies throughout Los Angeles County. The information captured by PIPS systems of other agencies is also accessible to our personnel. Funding: The Police Department obtained funding for this project through the FY 2011 State Homeland Security Grant Program (FY 2011 SHSGP). The total amount allocated for the Police Department through this grant is $50000.00. The City Council approved contracts for the FYI I SHSGP grant program on 7/17/2012, Resolution #'2012-141, The cost for the purchase and'install of the fixed ALPR systems is $47,372.60 Vendor: The additional camera system is to be installed at the listed intersection and will connect with our current ALPR server. The PIPS ALPR system was chosen during our initial ALPR purchase because it is the system that was chosen by several Law Enforcement agencies in our area, including the Los Angeles County 'Sheriff's Department and the Los Angeles Police Department. Mpart of the grant requirements, the projects must be regional, and the; information must be able to be shared amongst the other agencies. In order for our, data to be compatible with the other agencies, it was necessary to use the existing vendor (PIPS). We'have the option to request an install through 3M (formerly known as PIPS) or have their authorized vendor provide and.install the system. I requested;a quote from 3M; direct and a quote from their authorized installers, Leverage Information Systems and Convergint Technologies. Leverage Information Systems provided a quote that was approximately $12,000 above that of 3M. Convergint;Technologies declined to submit a quote. The quote directly from 3M was substantially, less; therefore we have chosen them to complete our installs. We also used 3M (formerly PIPS) to install their equipment during our previous vehicle ALPR installs. Grant Project Information: E. 011,2031.850000 P. 126010,6050.6130 Attachments: Quotation from;3M, formerly PIPS Technology, for purchase and install. Lieutenant Jerry Winegar Vernon Police Department (323) 587-5171 ACORO® �- CERTIFICATE OF LIABILITY INSURANCEPage 1 Of 1 DATE(NUNODY YY) 03/0l/2013 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES '.BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE.A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,' the policy(los)must be endorsed.- If SUBROGATION IS WAIVED,. subject to the terms and conditions of the policy, certaln policies may regylre an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsomenik. I PRODUCER' .CONTACT NAME. .,,..++ Willis of Hinneeotan fna c/o 26 CenturyBlvd ` P. 0. Box 305191 11+! ': Naphvillc, 'TH 37210I5191' C_ t } L"' FAX tNO:NO. ' 877-945-7378-. 888-467-23.78 E=M�a s certificatesRwillis.com INSURER(S)AFPOROINGCOVERAGE NNQM INSURERA Old Republic Insurance Company 24147-001 ) INSURED - 3Mcompany , = ,;�, ,, ldg surence oepaitmeK11 " Bldg 224-55-29 - St. Paul, PBr 55144 INSUncnB National Union'. Rire Insurance Company of 19445-002-- INSUR[RQ INSURCROe- INSURERE' IN'SUmm F:. COVERAGES CERTIFICATE NUMBER: 19461494 REVISION NUMBER: THIS.IS TO CERTIFY Tk1AT THE POLlCIES''OF-INSURANCE LISTEDBELOW HAVGpEEN ISSUED TO THE INSURED. NAMED ABOVE FORTHE POLIGY'PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN M" HAVE SEEN REDUCED BY PAID CLAIMS: USE TYPE OF INSURANCE DD'' SUB POLICY NUMBER POUCYEFF POUCYE%P M LIMITS. A GENERAL LIABILITY. MWZY 59131 3/l/2011 3/l/2014 EACHOCCURRENCE S 5,000. I COMMERCIALGGNERAL LIABILITY CLAIMS•MADEa OCCUR X DAMA ETORENTED p I n S 1,000.000 MEOEXP(MYoeopm9al) S 10 Ono PERSONALSADVINJURY S o0D OOD GENERALAGGREGATE S 5.0001000 GCN'LAGGREGAT 1,W APPLIES PER: `POLICY PR T LOC PRODUCTS• COMP/OP AGO S 5,0.0.0,000 S A AUTOMOUILELIAUILITY MWTB 21146 3/1/2011 3/1/2014 IEa accWODl I LIMIT S 2,000,000 BODILY INJURY(PeI palsw) -'LLXI ALLOWNC AUTOS AUTOS HIREDA T SCNEOULEO NIRW AUTOS I AUUTOSwNEO BODILY INJURY(Per acdOM) 5 IPec ptcaentl S 5 UMBRELLA LIAR OCCUR'. EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAWS -MADE ' DEe RETENTIONS S 'A WORKERS COMPENSATION AND EMPLOYER6'LIABILITY YIN ANY PROPRIETONPARTN4WEXECUTIVEI-w1 OFFICERIIAEMBrm EXCLUDED' I_l I Mndal.,IONUHM) Or pESCRIPTIONOFOPEMTIONSbrow NIA I I MWC116992 02 3/1/2013 3/1/2014 X T ORYI ILI E.L EACH ACCIDENT S 5,000,000 E.L. DISEASE -EA.EMPLOYEE S 5,000 000 E.L. DI,S�Q_ POLICYIIMIT S. 5., 000, Q00 a'ecurity/ - -8 Network Network Security/ 017768928. I3/ l)13 3�0 °1�4 �'D 60. Aggrogato Privacy Liability (+per tlr@ @ ��p �'L.3'F' B1 DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLES (AaaeHAeard 101,Adallonol Rggl�P,mkv$. trl 11p bap. bJAYddUliod) - Federal Signal Technologies, acquirefl ] We' CgLpgaay(+s`Id ep�t er 4, 2012 0. WFF1�� CERTIFICATE HOLDER LJ P%11— CANCELLATION Y%1121""'_'- SHOULD . ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Vernon Risk. Management Department 4365 Santa PCAvenue Vernon, CA, 90058- Coll:4D23427 ACORD25(2010105) The AC COMMERCIAL GENERAL. LIABILITY CG 2026 07 04 ,THIS FORM DOES NOT APPLY 1N; LA INSURED: 3h1 Company POLICY NUMBER: MWZY 59111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Org;lnizidion (s) All persons or or anizations%as requiredl;y contract or agreement Information required to complete this Schedule, if not shown nbovo, willbe shown in the Dec :Section IT - Who is An Insured. is amendedto in - clued as an additional insured the person(s) or organi- zation(s) shown in the. Schedule, but only with respect to liability for "bodily injury„ "property datnago" or "personal and advertising injury caused, in whole or in part, by your acts or omissions or tho acts or orris- sions of chose titling on your behalf: A. B. In the performance of your ongoing operations; or fn connection with yourpremisesowned by or renled to you. .. • §•,� ya yc a VJ` i CG 20 26 07 04 ISO Properties, Inc., 2004 Purge 1 of I POLICY NUMBER: MWZY 59131 COMMERCIAL GENERAL LIABILITY INSURED: SM Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Persons or Organization: All persons or organizations as required by contract or agreement Information required to complete this Schedule, if not shown In the Declarations. The following is added to Paragraph,8. Transfer of Rights of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included In the "products -completed hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©ISO Properties, Inc. 3M 804 Innovation Drive - Knoxvill9. TN.37?32`. April24°° 2013 Jerry Winegar Lieutenant Vefnan'Po(ice,Department 4305 Santa Fe AvE ' Vernon CA 90058 Phone 323.5875171 Fax,323-828.1481 emaiLl+ rr a ai, ;n :REF: 3M ALPR. System Equipment."5PIKELET PLUS":P-302 Fixed ALPR Cameras Jerry, Thank'you :For theopportunity to quote our PIPS fixed ALPR solutions. On September 4., 2012, 3M Company completed its acquisition of the business of Federal Signal Technologies Group,. including PIPS Technology. PIPS. Technology has been the :Industry leader in Automated; LicensePlate, Recognition (ALPR) systems worldwide for. over 20 years with over 20',000 -cameras inoperation in 33countries. 3M is a global leader in providing traffic products, systems and services for transportation safety, traffic management, vehicle registration and commercial transportation markets for over 70 years, making- PIPS Technology a natural fit to the 3M business. 31VI is committed to provide the same level of quality that made PIPS % Technology' an Industry leader. The Spikelet PLUS P-392 camera architecture offers the most cost effective alternative to typical fixed :AI,PR systems Inthat the integrated camerahousesthree components - color camera, IR .camera and processor.. This rneans installations are simplified :and the overall cost of ownership and maintenance is considerably reduced. The ALPR cameras continuously search for rear licenses plates entering -the 2amera's rieidof view:. Once a license prate Is detected, thecamera captures an Image of the license plate as well as a -second color image of the camera's entire field of view. The -image, as well as time antl date stamps area then sent flack to the.3M Back. Office System: Server .(.BOSS) for analysis, alerting and notification on wanted Hot Lists. ALPR SYSTEM.COMRONENTS Spikelet Plus P-392. The Spikelet -t (model P392) is a dual, , me -a complete with video processing/ control/ALPR..Like the model P362, the Spikelet + design combines an infrared monochrome and a color camera i an Internal self -Illuminating Infrared LED array;. our hardware plate finder, and an onboard microprocessor with application -specific operating software The Spikelet + Is enclosed Ina tugged extrUded aluminum housing sealed ,.:ems ,Pear to the IP07 standard for a hermetically sealed, niUogen;purged package. Spikelet P-392 The Spikeleo.+ Is only 30 watts wilth a. field of view of .5 yr ft. System Nterface $ox. NEMA-4rated system interface box chat provides a simplified signal termlgatlon for the installer and ease of access for maintenance personnel. The enclosure provides.oll hardware interfaces required for the ALPR camera, including an Ethernet switch, 48v/18v DC power supply and ground, lightning protectlo❑ circuitry,. application serial port, external trigger Input, and a maintenance serial port. The terminatlon:.box also provides ease of access to the. camera for field evaluations and tuning from the serial, port, a telrlet TCP/1P'connection, or a web page. The interface box connects tothecamera with. one composite cable supporting serial communication, power,.. and trigger, and one Ethernet cable. :Back OAflceSystem Software (BOSS"!) License plate "hotlists" are stored In the back office system software (BOSS) that.resldes on your. server.These hotlists may present dlffering'data schemes and file formats,. and BOSS .brings all of these hotllsts.together for use by the system. ..BOSS also monitors these hotlists for updates, pulling themIn as changes are made and making them available to the ALPR system. Known vehicles: of Interest, or vehicles matching, database.hotllsts stored In BOSS, will trigger an alerttobesent to one or more workstations set up with the BOSS. user Interface. Atyplcei alert will contain the hotlist. match (e.g.,, Stolen Vehicle', time, date, lane location, Infrared image,of the license plate, OCR Interpretation of the Infrared Image, and a can also share data In near -real-time with other law enforcement agencies, allowlni search across multiple BOSS system deployments (inter- and Intra-state agencies). ALPR systems can generate vast amounts of data. The BOSS` system.: enables` law enforcement agencies to organize and archive data collected from multiple mobile and Fixed site ALPR deployments. In fixed -site applications, license plate data Is fed directly Into the BOSS, system.' If a database match occurs, alerts are sent out via the BOSS system dispatch client to others as authorized by system administrator. BOSS also Includes user and database management. The user administration functions enable the administrator to set different system access levels based on user responsibility. Within the BOSS system, new users can be created and existing users can be deleted or Modified. Additionally, the BOSS.. system Is used. to Import, update and create databases. Within the BOSS system, users canquery the data against multiple search parameters Including time,: date, full or partial plate, location and user. The BOSS system can also map all locations related to asingle plate to track vehicle movements. The BOSS system web Interface enables:data to be easily shared: across multiple locations and agencies. SUMMARY TABLE camera 3 camera Soto Street NB / Fruitland Ave 2 1 Santa Fe/Vernon WB 1 1 . ("AWe(iitim powerand communicaItons) 1 am pleased to provide you, with the following pricing per -for the 3M. fixed ALPR cameras and associated hardware and services, Qty_' besc�iption List Price, Discounted Extended ! I Sato 5trek CtPtk�¢?WM1d (Ffiutlend —r I AVenu�and one VJfasthaund-lane _ ,.J 3 SPIKK-PLFT 810 (IR.;with Color Over $11,000 $10,200 S30,600 I view) P-392 Spike Cameras with Onboard Illumination and,integiated processor with ALPR/OCR engine (with tong hood} i includes support for the optional compact Flash. f 3 FIXEDBCKT - All In one camera $650 I $604.56 1 $1,813.50 mounting ;bracket assembly 2 TERMBOX-2- NEMA 4 rated Dual. $I,200 $1,116 $:2,232 Camera interface/termination box with i powersupply lightning protectlon; lol), data/comm. cable. Dual CAMERA TERMINATION BOX I11 1 lot _ On -site ' Installation, Engineering $9,3E4 Services anil Program Management. Installation of two 3M cameras., one termination box with mounting hardware. and electrical bee Terms and Conditions below, $34,64SRO at 9c00%: Tax :... " -. - $ 3;118.10 _.. _.... freight..... $ 225 7otali: -- $47-,372:86 Qty Description - List Price Discounted- Extended OPTIONAL WARRANTY COVERAGE 3 .OPTIONAL P-392 RXTD MAINT- two years of extended :malntenance_for 1 cameras giving you 4hree full years of coverage. $1,100 per camera .,per year: First year is included with purchase. $Zz�O , $6,600 'OPTIONAL Boss LXCE14SES' I NQSS.-5..Five Additional Concurrent BOSS User Licenses ---$2,250 1 AOSS-10Ten. Additional: Concurrent BOSS User Licenses $3,500 1 BOSS=-25 Twenty Five Additlonal Concurrent BOSS User Licenses $7,000 General Terms and Conditions: Vernon Police Department Is responsible for the following elements of the purchase/installation. of the system. including: • Facilitating a sltefreview by3M personnel and city. Public Works representative • Provide available. fiber source within.75ft of our termination: box. • Obtaining any'requlred approvals for the Installation of the fixed ALPR cameras on any.: poles adjacent to or over any road .segments to be monitored or any overhead bridge structures on any public or private property Including permits • Any required lane closures for the Installation of the. fixed ALPR cameras, cabling. and Interface cabinets Provide a 120 volt power source that can easily accessed to run electrical to each termination box • Any drilling/holes for any light standard/gantries to recess any camera /power/data • Providing an Internet accessible Server/PC In the agency's office for hosting the • All work proposed herein, Including warranty and labor,. shall be performed during normal business hours Monday through Friday.8:00 am - 5:00 pm • Providing cable conduit (it required by local code/ordinance) - highly recommended • Payment of state sales -tax and any other taxes associated -with the purchase of .the • Customer to provide all static IP addresses and network connections for each. ALPR camera • Provision of data communication service for sending data from fixed ALPR cameras to the Back Office Software Server (BOSS) 3M to Provide: All cameras, termination boxes and mounting brackets • Installation of fixed ALPR cameras, mounting brackets and termination boxes Configuration and alignment of the ALPR cameras once Installed Configuration and test of ttie BOSS dispatch software • User and Admin training Provide multi -mode fiber optic connection from Nema enclosure to existing.fiber hub (N.T,E, — ZS') through existing conduit'network. Provide and Install (1) transceiver 0 Netna to'convert fiber to R345, assume fiber hub existing ®source Provide (1) transceiver;® PD for client use to convert fiber,. •. Provide 120vtopower, -supply from local. source (street: sign w/photocell adapter). The following Items are excluded from this price quotation: • Return Trips to connect -120vsources Mast or Installation of mast arm unless otherwise noted above Traffic control drawings .• Plan check fees Payment and performance bond CAD drawings • Overtime -. Work not specifically referenced above Receiving Product and Staging Location Customer is responsible to receive, store and protect all products Intended for Installation purposes, Including, but not exclusively, camera equipment, cabinets, conduit, and Installation materials.: Risk of loss or damage for allsuch products shall pass to the Customer uponshipmentby 3M or any third party. Materials received in cardboard containers must be protected from all :forms of precipitation. Additionally, Customer Is to provide a staging area of an appropriate size for Installation contractors to work from and to store equipment overnight. Wecan provide a quote to cover these tasks If requested. Permits Permits and associated costs are the responsibility of the. city of Vernon. Radio Frequency Interference 3M Is not responsible for RF transmission and reception affected by system interference beyond its control, on result of an rot possible for any by for all additional, costs authority or courtorder, or If location,: or the site Is directionor by a party under Site Cleanup, Basic Installation site cleanup Includes Installation debris removal, general site cleanup, and general leveling of affected soll within 30' of the sign structure, Additional Site Restoration quotes are: available Waste Disposal Customer Is responsible for providing disposal of all packing materials Including shipping skids and Contalner§. cellular service Provision of cellular service will be the responsibilityof the customer' The customer must contract with Verizen, AT&T or Sprint. The customer will be required to provide 3M With an activated SIM:card when required for each cellular modem: prior to the execution of the. project. Provision of the SIM cards after the NEMA termination enclosures have been .Installed will require.a return visit to:each enclosure location and will constitute a change order. Terms ommunicatlons, Infrastructure or timely delivery ofdata ill. equipment provided by 3M Is guaranteed to produce data ransmit that package of data via TCP/IP only when the a. in the event the destination server is not available due to, for example, server or Infrastructure outage. or iatency associacea wim netwom Infrastructure, poor communications` cable plant, oversaturatlon of bandwidth or Improperly configured network Infrastructure data from our equipment Is not guaranteed to be delivered to the server. 3M does offer: an option that allows for the storage of this data when the server or network communications fall. No guaranteed delivery warranty is offered for either option, but the data generated by our equipment will be stored and sent when communications or server failures have been resolved. Work Hours All engineering services; quoted are based on the ability to work outdoors In traffic areas -.during daytime hours of normal lane closures from 8 AM to PM Monday through Friday. Work restrictions or limitations. imposed by Customer or agents may result in additional :charges being assessed to Customer for services and may affect any project completion schedule:. - Safety Requirements-& Compliance 3M requires that all subcontractors and their employees follow applicable laws and regulations pertaining to all work performed, equipment utilized and personal protective - .gear common: to electrical and construction site work performed In the Installation of 3M equipment, Additional. safety compliance requirements by .Customer may result In additional charges assessed to Customer for the time and expenses required to comply with the -additional requirements. Project Delays 3M shall notbe.liable- In -any regard for delivery or Installation delays or any failure to :perform Its obligations under this Agreementresulting directly or Indirectly from change order processing, acts orfailure to�act by Customer, unresponsive Inspectors, utility companies and any other causes beyond the direct control of 3M, Including acts of God, weather, local disasters of anytype,, civil or,mllitery authority, fires, war, riot, delays in transportation, lack of or Inability to obtaln raw materials, components, labor, fuel or supplies, or other circumstances beyo43M'6:reasonable control, whether similar or dissimilar to the foregoing. WARRANTY All 3M equipment hardware and software Is covered by a one-year parts and labor warranty. Maintenance agreements are available for the system and begin after the original one-year warranty expires. Theseagreements supply you with upgrades and Improvements to our