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AGENDA

LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM AUTHORITY

BOARD OF DIRECTORS SPECIAL MEETING

Thursday, November 8, 2012 9:00 a.m.

Grace E. Simons Lodge 1025 Elysian Park Drive, Los Angeles, CA 90012

Los Angeles Regional Interoperable Communications System Authority (the “Authority”) AGENDA POSTED: November 6, 2012 Complete agendas are made available for review at the designated meeting location during normal business hours and may also be accessible on the Authority’s website at http://www.la-rics.org.

Members:

1. William T Fujioka, Chair, CEO, County of Los Angeles

2. Charles L. Beck, Vice Chair, Police Chief, City of Los Angeles

3. Mark R. Alexander, City Manager, representing the California Contract Cities Association

4. Leroy D. Baca, Sheriff, County of Los Angeles

5. Reginald Harrison, Deputy City Manager, City of Long Beach

6. LeRoy J. Jackson, City Manager, City of Torrance, representing At Large Seat

7. Dr. Mitchell H. Katz, Director, DHS, County of Los Angeles

8. Gerry F. Miller, Chief Legislative Analyst, City of Los Angeles

9. Daryl L. Osby, Fire Chief, County of Los Angeles

10. Brian Cummings, Fire Chief, City of Los Angeles

11. Donald Pedersen, Police Chief, City of Culver City, representing At Large Seat

12. Scott Pickwith, Police Chief, representing the Los Angeles County Police Chiefs Association

13. Kim Raney, Police Chief, City of Covina, representing At Large Seat

14. Timothy Scranton, Fire Chief, representing the Los Angeles Area Fire Chiefs Association

15. Miguel Santana, CAO, City of Los Angeles

16. Gregory L. Simay, Assistant General Manager, City of Burbank Water & Power, representing At Large Seat

17. Steven K. Zipperman, Police Chief, Los Angeles School Police Department

Officers:

1. Patrick Mallon, Executive Director

2. Wendy L. Watanabe, County of Los Angeles Auditor-Controller

3. Mark J. Saladino, County of Los Angeles Treasurer and Tax Collector

4. Patricia Saucedo, Board Secretary

Los Angeles Regional Interoperable Communications System Authority

AGENDA

November 8, 2012

NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA

I. CALL TO ORDER

II. ANNOUNCE QUORUM – Roll Call

III. APPROVAL OF MINUTES (1)

1. October 4, 2012 Regular Meeting Minutes

IV. CONSENT CALENDAR – (None)

V. REPORTS (2–5)

2. Committee Reports

a. Finance Committee – No Report

b. Legislative Committee – No Report

c. Operations Committee – No Report

d. Technical Committee – No Report

3. Director’s Report – Pat Mallon

4. Project Management Report – Pat Mallon

Attachment: Item 4

5. Grant Status Report – Pat Mallon

VI. DISCUSSION ITEMS (6-9)

6. County of Los Angeles Board of Supervisors Motion Regarding Procurement Process Review

Attachment: Item 6

7. Letter Received from California Technology Agency

Attachment: Item 7

8. RFP # LA-RICS 007 (Land Mobile Radio System) Proposal Evaluation Committee

Attachment: Item 8

VII. ADMINISTRATIVE MATTERS (10)

9. Accept 2009 State Homeland Security Grant Program (SHSGP) Funds – Pat Mallon


AGENDA

November 8, 2012

RECOMMENDATION: It is recommended that your Board: a. Accept $704,475 in grant funds from the Fiscal Year 2009 State Homeland Security

Grant Program (SHSGP) as distributed through the California Emergency Management Agency (CalEMA); and,

b. Authorize the Executive Director to execute the attached 2009 Homeland Security Grant Program Sub-recipient Agreement between the County of Los Angeles and the Authority.

Attachment: Item 9

VIII. MISCELLANEOUS – (None)

IX. PUBLIC COMMENTS

X. ITEMS FOR FUTURE DISCUSSION AND/OR ACTION BY THE BOARD

10. Project Funding

11. Project Risk Controls

XI. ADJOURNMENT and NEXT MEETING:

Thursday, December 13, 2012, at 9:00 a.m., at the Grace E. Simons Lodge.


AGENDA

November 8, 2012

BOARD MEETING INFORMATION

Members of the public are invited to address the LA-RICS Authority Board on any item on the agenda prior to action by the Board on that specific item. Members of the public may also address the Board on any matter within the subject matter jurisdiction of the Board. The Board will entertain such comments during the Public Comment period. Public Comment will be limited to three (3) minutes per individual for each item addressed, unless there are more than ten (10) comment cards for each item, in which case the Public Comment will be limited to one (1) minute per individual. The aforementioned limitation may be waived by the Board’s Chair. (NOTE: Pursuant to Government Code Section 54954.3(b) the legislative body of a local agency may adopt reasonable regulations, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.) Members of the public who wish to address the Board are urged to complete a Speaker Card and submit it to the Board Secretary prior to commencement of the public meeting. The cards are available in the meeting room. However, should a member of the public feel the need to address a matter while the meeting is in progress, a card may be submitted to the Board Secretary prior to final consideration of the matter. It is requested that individuals who require the services of a translator contact the Board Secretary no later than the day preceding the meeting. Whenever possible, a translator will be provided. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting you wish to attend. (323) 881-8291 or (323) 881-8295 SI REQUIERE SERVICIOS DE TRADUCCION, FAVOR DE NOTIFICAR LA OFICINA CON 72 HORAS POR ANTICIPADO. The meeting is recorded, and the recording is kept for 30 days.

Board of Directors

MEETING MINUTES

LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM AUTHORITY

October 4, 2012

Grace E. Simons Lodge 1025 Elysian Park Drive, Los Angeles, CA 90012

Board Members Present:

William “'Bill” T Fujioka Chair, CEO, County of Los Angeles

Gerry F. Miller, Chief Legislative Analyst, City of Los Angeles

Timothy Scranton, Fire Chief, City of Beverly Hills, representing the Los Angeles Area Fire Chiefs Association

Mark R. Alexander, City Manager, City of La Cañada Flintridge, representing the Contract Cities Association

LeRoy J. Jackson, City Manager, City of Torrance, representing At Large Seat

Donald “Don” Pedersen, Police Chief, City of Culver City, representing At Large Seat

Gregory “Greg” L. Simay, Assistant General Manager, City of Burbank Water & Power, representing At Large Seat

Representatives For Board Members Present:

Patricia “Patty” J. Huber, representing Miguel Santana, for the City of Los Angeles Chief Administrative Office

John Vidovich, representing Brian Cummings, for the City of Los Angeles Fire Department

Mark J. Bennett, representing Daryl L. Osby, for the County of Los Angeles Fire Department

David Betkey, representing, Leroy “Lee” D. Baca, for the County of Los Angeles Sheriff Department

Cathy Chidester, representing Dr. Mitchell H. Katz, for the County of Los Angeles Department of Health Services

Nancy L. Ramirez, representing Steven K. “Steve” Zipperman, for the Los Angeles School Police Department

Mike Sarjeant, representing Reginald “Reggie” Harrison, for the City of Long Beach

Officers Present:

Pat Mallon, LA-RICS Executive Director

Rachelle Anema, representing Wendy L. Watanabe, Auditor-Controller, County of Los Angeles

Patricia Saucedo, Board Secretary

Absent:

Charles “Charlie” L. Beck, Vice Chair, Police Chief, City of Los Angeles

Scott Pickwith, Police Chief, City of La Verne, representing the Los Angeles County Police Chiefs Association

Mark J. Saladino, Treasurer and Tax Collector, County of Los Angeles

BOARD OF DIRECTORS MEETING MINUTES


October 4, 2012 Page 2

I. CALL TO ORDER II. ANNOUNCE QUORUM – Roll Call

Chair Bill Fujioka made an acknowledgement that a quorum was present.

III. APPROVAL OF MINUTES – (1)

1. September 6, 2012 – Regular Meeting Minutes. MOTION APPROVED.

IV. CONSENT CALENDAR – (None)

V. REPORTS (2–5)

2. Committee Reports a. Finance Committee – No Report

b. Legislative Committee – No Report

c. Joint Operations and Technical Committees – Captain Scott Edson

Operations Chair Captain Edson stated that the Joint Operations and Technical Committees held their meeting on Thursday, September 27, 2012, and had discussion items. The first item was the secondary responders for the LA-RICS network; there has been a question about their involvement or lack thereof within the project. Both committees want to make it very clear from an operational and technical concern that the secondary responders are to be included in the LA-RICS network. The committees made a motion recommending that the JPA Board support the inclusion of the secondary responders, defined to include municipal resources on the LA-RICS network. The second item was clarification on the needs and requirements for analog channels within fire and law enforcement. The current RFP will reflect that there will be certain requirements by fire and law and that there will be some analog channels maintained in the various regions, for everyone’s use as a member of the LA-RICS network.

3. Director’s Report – Pat Mallon Executive Director Mallon is very pleased to report that on September 28, 2012, Governor Jerry Brown signed into law AB 1846, which gives the LA-RICS project a conditional CEQA exemption provided that the sites are publicly owned, either have existing transmitter equipment or, a police station, fire station, or Sheriff’s station. This moves LA-RICS tremendously ahead when it comes to building out the system for both LMR and LTE. Regarding the NPSTC working group, please refer to discussion item# 6 regarding the T-Band. The Executive Director continues to participate on weekly calls with the other ten jurisdictions in an effort to assemble information to educate Congress on the impact of T-Band. There is a new effort to develop the cost implications of moving to a new spectrum. The FirstNet Authority Board of Directors met for the first time on September 25, 2012. The next meeting will be in December 2012. The Board adopted ten resolutions, including one on the BTOP grants. LA-RICS will be working with NTIA and FirstNet to educate them on the LA-RICS project and the implications that the suspension has had on moving the project forward. One of the reports made to FirstNet addressed the BTOP funds. The report stated the BTOP funds




were stimulus funds allocated to the local jurisdictions. They cannot be repurposed for any other cause, and if they are not used, they are to be returned to the Treasury. This somewhat indicates to the FirstNet Authority that they cannot redirect those funds to other priorities. The motion also directed the Planning and Technology Committee Chair to examine these projects with the NTIA. LA-RICS will be requesting to participate in this process. The LTE RFP continues to be on hold because has been no further direction from NTIA. The original intent was to issue correspondence with the NTIA outlining LA-RICS’ intent as far as the infrastructure. It is important that LA-RICS also pursue getting authorization from the FirstNet Authority for spectrum use which will allow moving the whole system forward. LMR RFP is reaching its final touches and will be addressed in agenda item# 8, requesting direction from the Board.

4. Project Management Report – Pat Mallon

Executive Director Mallon stated that the agenda packet included Jacobs’ monthly report.

5. Grant Status Report – Pat Mallon Executive Director Mallon reported on the following grants:

BTOP – LA-RICS awaits further direction from NTIA.

SHSGP ’11 – the Authority has submitted a grant modification to specifically incorporate the environmental scope of work and waiting for approval on CalEMA.

SHSGP ’10 – the Chair has signed a letter requesting an extension for a grant

modification to be submitted to CalEMA and awaiting a response.

UASI ’09 – have been working with the LA City Authority Administrator and have requested an extension, therefore need a timeline and schedule of work.

Board Member LeRoy Jackson wanted clarification on the Executive Director's report on the LTE RFP; he wanted to know if putting up the monopoles will not proceed pending clarification from FirstNet. Executive Director Mallon stated that once the FirstNet clarifies what LA-RICS is allowed to do as far as the equipment, we will move forward. It is about $100 million to install the monopoles including a 20% match from the local community. The concern is moving forward and building out infrastructure that FirstNet will not allow to be used.

VI. DISCUSSION ITEM (6)

6. “T-Band” Take Back Versus LMR Hybrid System

The purpose of this item is to discuss pros and cons associated with staying on the “T-Band” vs. migration. Executive Director Mallon went over attachment Agenda Item 6, which Board Member Jackson requested. The FirstNet Authority Board of Directors met for the first time on September 25, 2012. The next meeting will be in December 2012. The Board adopted ten resolutions, including one on the BTOP grants. LA-RICS will be working with NTIA and FirstNet to educate them on the LA-RICS project and the implications that the suspension has had on moving the project forward. One of the reports made to FirstNet addressed the BTOP funds. The report stated the BTOP funds were stimulus funds allocated to the local jurisdictions. They cannot be repurposed for any other




cause, and if they are not used, they are to be returned to the Treasury. This somewhat indicates to the FirstNet Authority that they cannot redirect those funds to other priorities. The motion also directed the Planning and Technology Committee Chair to examine these projects with the NTIA. LA-RICS will be requesting to participate in this process. The LTE RFP continues to be on hold because has been no further direction from NTIA. The original intent was to issue correspondence with the NTIA outlining LA-RICS’ intent as far as the infrastructure. It is important that LA-RICS also pursue getting authorization from the FirstNet Authority for spectrum use which will allow moving the whole system forward.

VII. ADMINISTRATIVE MATTERS – (7-9) 7. Notice of Intention to Amend the Authority Conflict of Interest Code – Pat Mallon, Amanda

Drukker RECOMMENDATION: It is recommended that your Board authorize the Executive Director or his designee to publicly post the attached Notice of Intention to Amend the Conflict of Interest Code, for a period of 45 calendar days, soliciting public comments with respect to proposed revisions to the Authority's Conflict of Interest Code. Amanda Drukker, legal counsel to the Authority, stated LA-RICS is asking to post a notice of intention to amend the Authority's Conflict of Interest Code for a period of 45 calendar days. During that time public comment will be solicited with respect to the proposed changes. LA-RICS is required by state law to review its Conflict of Interest Code every two years. Once the Notice of Intention has been posted for 45 calendar days, LA-RICS staff will review any submitted changes and determine whether to incorporate the same. Then, LA-RICS staff will bring the revised Conflict of Interest Code back to your Board for approval. Finally, the LA-RICS staff will submit the revised Conflict of Interest Code to the Code Reviewing Body (LA County Board of Supervisors) for approval. Board Member Mark Alexander asked why the Los Angeles County Board of Supervisors was the code reviewing body for the LA-RICS Authority. Amanda Drukker deferred answering the question pending follow up. On October 5, 2012, the following clarification was provided to the Authority:

Under California Government Code Section 82011, the board of supervisors is the code reviewing body for any local governmental agency, other than a city agency, with jurisdiction wholly within the county. Because the LA-RICS Authority is a local governmental agency with jurisdiction wholly within the Los Angeles County, the County's Board of Supervisors is our code reviewing body.

Amanda Drukker noted that the attachments for Agenda Item #7 inadvertently left off the entire redline version of the Conflict of Interest Code highlighting the changes. She noted that anyone interested in obtaining a full copy should contact LA-RICS.

IX. PUBLIC COMMENTS – (taken out of sequence) Rick Castaneda, Motorola, commented Agenda Item #8. He presented some questions that were not addressed prior to RFP release which may lead to another RFP cancellation, which no one would want. The first question is, does the RFP have protections and mechanisms in place to address the possibility of not having enough 700 MHz spectrum to adequately deploy the hybrid system that has been previously discussed in the Board meetings. The second question is, does the RFP have protections and mechanisms in place to address the possibility of H.R. 3630 being modified to allow public safety to stay on UHF T-Band, possibility of the FCC extending the vacate date or the possibility the FCC identifying spectrum other than 700 MHz to replace UHF T-Band. Mr. Casteneda stated Motorola believes that these points are very important because of the last go around. If the RFP does not have any requirements or stipulations to address these




questions or potential issues, the Board will find itself in the same situation as in the last RFP when it had to cancel the procurement process due to limited options and legal restraints.

9. Inclusion of Secondary Responders on the LA-RICS Network – Scott Edson (taken out of sequence)

RECOMMENDATION: It is recommended that your Board take action to include secondary responders, defined to include municipal resources, on the LA-RICS network. Executive Director Mallon stated as previously reported by Captain Edson the Joint Operations and Technical Committees met last week to discuss the issues of communications requirements of secondary responders. The Board has had several discussions on it, although the Board has never taken an official position. Countywide there are about 17,000 secondary responders that could be served by CWRS, STRS, or the LA-RICS system during a natural disaster. First responders will go to secondary responders to assist, for example, use of the bus service system to evacuate people, etc. MOTION APPROVED.

8. RFP Release – Pat Mallon (taken out of sequence)

RECOMMENDATION: It is recommended that your Board: 1. Authorize the Executive Director or his designee to release a Request for Proposal (“RFP”) for the LA-RICS Land Mobile Radio (“LMR”) system; 2. Find that County procurement and contracting policies, programs, and procedures are adopted for purposes of the RFP, and any contract resulting from the RFP, to the extent, and in the manner, as will be reflected in the RFP, and not otherwise; and 3. Authorize the Executive Director or his designee to issue addenda to the RFP that the Executive Director determines, in his discretion, are consistent with the general scope of the RFP. Executive Director Mallon stated that staff has been working on developing an RFP for the LMR. Based on the hybrid the technology, the documents are in final review this week, next week there will be three days in which the working committees will review the specific sections one last time. Board Members or designees are invited to review the RFP on October 17 and 18, 2012. Our request is similar to last year when we asked the Board’s Authority to authorize its release once those reviews have been completed. The anticipated RFP release date is October 24, 2012. Board Member Mark Alexander asked when Board Members reviewed the RFP on October 17 and 18, 2012, if there were Board members with conflicting inputs, how would that be resolved. Executive Director Mallon stated if necessary, there would be a request for a Special Meeting. Board Member Alexander had a second question pertaining to item 3 of the recommended action, asking the Board to “Authorize the Executive Director or his designee to issue addenda to the RFP that the Executive Director determines, in his discretion, are consistent with the general scope of the RFP,” at what point does an addenda become material enough that the Executive Director would come back to the Board for the Board’s direction. Executive Director Mallon stated that if there is a substantial change in policy it would be brought back to the Board. Typically addenda are for clarification of questions that are asked once it reaches the vendor community.




Board Member Simay stated that even if the T-Band spectrum should be available longer than it is currently thought to last, the way that the spec is written could accommodate a longer life to the T-Band. Executive Director agreed. Board Member Simay went on to say that 700 MHz of spectrum, there is nothing about the LMR system that would make any situation any more of a problem than it already is. Executive Director Mallon stated that as far as any modification to H.R. 3630 to cancel or to extend the deadline, there is no impact on the hybrid system; if there is additional spectrum in the 700/800MHz that would be a significant boon to LA-RICS. The sufficiency of spectrum is dependent upon the vendor who submits a proposal. In the hybrid study there is a minimum number of channels identified as required. We are comfortable, based on that study, that there is sufficient spectrum with the commitment of the 70 channels. If there is additional spectrum required by the vendors, it will be taken under consideration. Alternate Board Member Huber requested clarification, if time is taken to review the RFP, would like to ensure Board members will be notified if recommended changes are not incorporated as well as reasons why. Executive Director Mallon stated if there is descent amongst any of the Board members comments, it will be brought back to the Board. Board Member Jackson requested clarification on recommended action # 3, Authorizing the Executive Director or his designee to issue addenda to the RFP that the Executive Director determines, in his discretion, are consistent with the general scope of the RFP, and are non-policy in nature. Board Member Jackson requested clarification regarding the composition of the current LMR RFP, whether it contained substantial portions of the previous RFP. Executive Director Mallon confirmed used RFP 004 as the basis for the LMR RFP, with changes, clarification, and improvements made (CEQA exempt sites, etc.) Recommendations before the Board: 1. Authorize the Executive Director or his designee to release a Request for Proposal (“RFP”) for the LA-RICS Land Mobile Radio (“LMR”) system; 2. Find that County procurement and contracting policies, programs, and procedures are adopted for purposes of the RFP, and any contract resulting from the RFP, to the extent, and in the manner, as will be reflected in the RFP, and not otherwise; and 3. Authorize the Executive Director or his designee to issue addenda to the RFP that the Executive Director determines, in his discretion, are consistent with the general scope of the RFP, and non-policy in nature. MOTION APPROVED.

X. MISCELLANEOUS – (None) XI. ITEMS FOR FUTURE DISCUSSION AND/OR ACTION BY THE BOARD

9. Project Funding

10. Project Risk Controls

XII. ADJOURNMENT

Chair Bill Fujioka adjourned the meeting at 9:48 a.m.

Location: 2525 Corporate Place, Ste 200 Monterey Park, CA 92754

Authority: Los Angeles Regional Inter-

operable Communications System

Management: LA-RICS Project Team Consultant: Jacobs Project Management

Company Communications Vendor: TBD

PROJECT DESCRIPTION Events of 9-11-01 have highlighted the need for first responders to be able to communicate with each other. Emergency communications primarily address local jurisdictional needs. Most agencies utilize separate radio towers and equipment, often co-located as seen here, and separate radio frequencies. Currently, there is duplication of costs and first responders cannot communicate with each other. Many legacy systems around the County are obsolete and well beyond their useful life. The LA-RICS Project Vision is to construct, own, operate, and maintain a regional, interoperable public safety radio system. The program will establish a County-wide public safety wireless voice and data radio system for all first and secondary responders. Existing radio frequencies will be pooled and the current infrastructure utilized wherever practical. New FCC licensed broadband spectrum will be utilized. Design, construction, and deployment of two County-wide systems (1) Land Mobile Radio (LMR) voice network will utilize roughly a pool of 111 existing communications sites and (2) Long Term Evolution (LTE) broadband data network will utilize a pool of 255 existing communications sites. Both systems will comply with CEQA and NEPA standards. Project and Construction Management Services will provide network, infrastructure, project, and advisory services across 5 program phases:

Phase 1 - System design Phase 2 - Site construction and modification Phase 3 - Supply telecommunication system

components Phase 4 - Telecommunications system

implementation Phase 5 - Telecommunications system maintenance

Monthly Report No. 7 For October, 2012

Submitted October 25, 2012

Los Angeles Regional Interoperable Communications System

Confidentiality Notice: This document may contain confidential or legally privileged information that is intended only for the individual or entity to whom it was addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or reliance upon the contents of this report is strictly prohibited. This document is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally protected.

©Copyright 2012 LA-RICS Authority. All Rights Reserved

Program and Construction Management 600 Wilshire Boulevard, Suite 1000

Los Angeles, California 90017

AGENDA ITEM 4

Page 2

RISK REGISTER

PROGRAM DASHBOARD

1. COMPLETED 2. ON HOLD 3. IN PROGRESS 4. NOT YET STARTED 5. NOT YET STARTED

1. LMR RFP RE-WRITE 2. LTE RFP RE-WRITE 3. LMR INTERFERENCE ANAYLYSIS 4. PROPOSER EVALUATION REPORT 5. LMR PROPOSER NEGOTIATIONS

ITEM STATUS DUE DATE

1. OCTOBER, 2012 2. TBD 3. NOVEMBER, 2012 4. APRIL, 2013 5. APRIL, 2013

DELIVERABLE STATUS PHASE 0

LA-RICS MASTER CALENDAR

AGENDA ITEM 4

Page 4

LA-RICS MASTER SCHEDULE PHASE 0

AGENDA ITEM 4

Page 6

LTE TECHNOLOGY

LMR TECHNOLOGY Completed LMR RFP re-write of Base and appendices targeting RFP release for late October, 2012. Continue work on the Frequency Analysis Study

for the LA-RICS hybrid system targeting completion for November, 2012.

LTE SITES/CIVIL LTE Sites/Civil activities are on hold pending

adoption of resolutions by FirstNet regarding National requirements and standards for system architectures.

LMR SITES/CIVIL Finalized the LMR site list for both Lattice Towers

and Monopoles sites for use in the released LMR RFP.

Completed the review and comments on the various sections of the LMR RFP Rewrite based on input from the

LA-RICS Working Group. Finalized the LMR RFP and incorporated all comments received from the LA-RICS Working Group. Completed Committee and JPA Board Members document review of the LMR RFP prior to RFP release. Completed final document screening and review with counsel prior to RFP release. Assisted the LA-RICS Executive Director and Counsel in the establishment of Schedule of Events for the

second period of the LMR RFP procurement process. Published LMR RFP 007.

ACTIVITES PLANNED FOR NOVEMBER 2012

LTE UPDATES

Below is the anticipated LMR RFP Schedule of events for the month of November. Work with Counsel on the preparation of the Evaluation Manual and the establishment of procedures for

advising the Evaluation Committee on reviewing responses to the RFP. Conduct RFP 007 Proposer’s Conference. Proposer’s Conference targeted for November 1, 2012. Provide responses to Proposer’s written questions. Responses targeted for November 20, 2012. Participate in Optional LMR System Site Visits. Site visit dates targeted mid-November through December.

from vendors.

LMR UPDATES ACTIVITES COMPLETED IN OCTOBER 2012

Deadline to submit Mandatory Non-Disclosure Agree-ment (Section 3.1)

November 1, 2012

Proposers’ Conference (Section 2.6) November 1, 2012

Final Day to Request Optional LMR System Site Vis-its (Section 2.7)

November 6, 2012

Final Day to Submit Written Questions (Section 2.8)

November 20, 2012

Responses to Written Questions Released November 30, 2012

AGENDA ITEM 4

LOS ANGELES REGIONAL INTEROPERABLECOMMUNICATIONS SYSTEM AUTHORITY

2525 Corporate Place, Suite 200Monterey Park, California 917 54

(323) 881-8291

)N, tt,c't'L|,tl {'EXECUTIVE DIRECTO

LA.RICSPATRICK J MALLONEXECUTIVE DIRECTOR

November 8,2012

TO: LA-RICS AUTHORITY BOARD OF DIRECTORS

FROM:

COUNTY OF LOS ANGELES BOARD OF SUPERVISORS MOTION REGARDINGPROCUREMENT PROCESS REVIEW

At the County of Los Angeles Board of Supervisors' October 23,2012 meeting, Supervisor ZevYaravlavsky's motion relating to review of the County's procurement process passed by

unanimous vote. The motion, attached for your reference, instructs the Chief Executive Officer,Director of lnternal Services, Director of Public Works and County Counsel to:

. Conduct a review of County procurement practices and to recommend changes asappropriate that will enhance the County's ability to procure products and services in themost cost-effective, expeditious and fair manner possible; and

o lnclude consideration of the use of "draft requests for proposal" and other techniques topromote early exchanges of information in the procurement process, particularly in high-profile and high-technology procurements; and

. Request the LA-RICS Board to consider incorporating the results of the review into thosesystems procurements for LA-RICS that have not already been authorized for release, tothe extent feasible and practicable; so as to ensure the highly visible system iscompleted in optimum fashion.

The purpose of this discussion item is to address the potential impact of items contained in

Supervisor Yaraslavsky's motion on the LA-RICS project.

PJM

AGENDA ITEM 6

MOTION MOLINA __________________________

RIDLEY-THOMAS __________________________

KNABE __________________________

ANTONOVICH __________________________

YAROSLAVSKY __________________________

AGN. NO. ___)

MOTION BY SUPERVISOR ZEV YAROSLAVSKY October 23, 2012

The County has repeatedly experienced difficulty in completing high-profile

procurement processes. This has occurred with many different sorts of procurements,

including those for low-cost services (the contract for housekeeping in Department of

Health Services facilities); high-cost services (GAIN case management); and design

and construction services (the Hall of Justice). Perhaps the most problematic area for

contracting is technology, where the County and its associated agencies have

experienced repeated difficulties in procurements related to the LA-RICS project.

Sometimes, the difficulty in completing a procurement occurs because a non-

recommended bidder files a protest. Under County policies a non-recommended bidder

is given one, and sometimes two, opportunities to protest a non-award. In one recent

case, County officials mistakenly stated in the bid documents that two such

opportunities would be provided, when County policy covering that sort of procurement

allowed for only one.

The County is not required to postpone a contract award while a protest is

underway. However, County staff frequently recommends such a postponement, in one

AGENDA ITEM 6 - Attachment A

instance even ordering a halt to time-sensitive work when a second-level protest was

filed. This conservative approach has resulted in lengthy extensions for existing service

providers, and has caused serious problems for recommended new contractors whose

employees and sub-contractors must remain “on hold” while the County sorts through

the protests. County policy in this arena should be re-examined and clarified to improve

the County’s ability to fairly and expeditiously select and retain the most-qualified

contractors and service providers.

But increasingly, the problem has arisen because of the unique, ever-changing,

high-tech nature of many procurements. One way to improve this situation may be to

preface high-profile procurements with the issuance of draft requests for proposals

(RFPs). Draft RFPs have been used by government agencies at the local, state and

federal levels including Los Angeles World Airports, the California High Speed Rail

Authority, NASA, the U.S. Air Force and the U.S. Coast Guard. The concept here is

that proposers are given a period of time in which to comment on the draft RFP. The

procuring agency may utilize an interactive, iterative process involving potential

proposers in offering, exchanging and evaluating changes to the draft. The procuring

agency considers the comments and recommendations and may choose to incorporate

any or all into the final product. Once finalized, the RFP is issued and the procurement

proceeds normally.

This system may be especially useful in technology procurements where the

state-of-the-art is moving quickly. Under traditional procurement practices, an agency

will refuse to communicate with potential bidders so as not to compromise the integrity

of the process. However, for extremely complex systems with multiple moving parts


and ongoing technological advances, it may be that a formalized, transparent process

for receiving input on a draft RFP is the better solution.

Circulation of draft RFPs is considered one of a number of contracting “best

practices.” The Federal Acquisition Guidelines encourage early exchanges of

information in a number of ways, including the issuance of draft RFPs: "Agencies are

encouraged to promote early exchanges of information about future acquisitions. An

early exchange of information among industry and the program manager, contracting

officer, and other participants in the acquisition process can identify and resolve

concerns regarding the acquisition strategy, including proposed contract type, terms

and conditions, and acquisition planning schedules; the feasibility of the requirement,

including performance requirements, statements of work, and data requirements; the

suitability of the proposal instructions and evaluation criteria, including the approach for

assessing past performance information; the availability of reference documents; and

any other industry concerns or questions. " (See Federal Acquisition Guidelines,

Subpart 15.2, Section 15.201.)

Use of a draft RFP may be of value in the LA-RICS procurement. While not

strictly a County procurement, LA-RICS is headed by the County’s Chief Executive

Officer and completion of LA-RICS is a top County priority. The procurement of LA-

RICS has suffered due to the complex nature of its technology; fast-moving changes in

the technology and in Federal law relating to that technology; and, perhaps most of all,

the extremely high-stakes nature of the competition. However, given the tight deadlines

for this project and the delays experienced so far, it may not be feasible to utilize a draft

RFP for some or all aspects of LA-RICS.


I, THEREFORE, MOVE that the Chief Executive Officer, Director of Internal

Services, Director of Public Works and County Counsel be instructed to conduct a

review of County procurement practices and to recommend changes as appropriate that

will enhance the County’s ability to procure products and services in the most cost-

effective, expeditious and fair manner possible; and

I FURTHER MOVE that such review include consideration of the use of “draft

requests for proposal” and other techniques to promote early exchanges of information

in the procurement process, particularly in high-profile and high-technology

procurements; and

I FURTHER MOVE that the LA-RICS Board be requested to consider

incorporating the results of this review into those systems procurements for LA-RICS

that have not already been authorized for release, to the extent feasible and practicable;

so as to ensure that this highly visible system, which is so critical to public safety in our

County, is completed in optimum fashion.

ABK S:\Procurement


GÐ¡\/r

A-RICS



(323) 881-829r

PATRICK J. MALLONEXECUTIVE DIRECTOR

November 8,2012

TO: LA-RICS AUTHORITY BQARD OF DIRECTORS/ i.l /

FROM: PATRICK J. MALLON ,..ir-h'r'fl fui tl:l'-'EXECUTIVE DIRECTOR \

LETTER FROM CALIFORNIA TECHNOLOGY AGENCY - NATIONAL PUBLIC SAFETYBROADBAND NETWORK

Attached, for your information, is a letter received from Secretary of the California TechnologyAgency, Mr. Carlos Ramos, announcing the formation of a Governance body representingCalifornia's public safety communications stakeholders in order to carry out the goals of theMiddle Class Tax Relief and Job Creation Act of 2012. ln addition, the Public SafetyCommunications Office will hold forums in November and December of 2012 to discuss theNational Public Safety Broadband Network, FirstNet and organizing California's governancestructure to support the endeavor.

PJM

AGENDA ITEM 7

Cer-rponNm TBcHNoLocv AcsNcY

October l9,20Lz

Dear Public Safety Offìcials:

ln February 20L2, Congress enacted, and President Barack 0bama signed into law, the Middle Class

Tax Relief and Job Creation Act of 2012 (Act), which directed the creation of a nationwide

interoperable public safety broadband network. The network will allow law enforcement, fìre,

emergency medical service professionals, and other public safety officials to communicate witheach other across agencies and jurisdictions. This law ends years of lobbying efforts by national

public safety organizations to directly allocate the 700 Mhz D Block spectrum to public safeÈy and

furthermore fulfÌlls a key recommendation included in the 9/11 Commission Report requiring

Congress to support legislation which provides for the expedited and increased assignment of radio

spectrum for public safety purposes.

The Act tasked the Department of Commerce's National Telecommunications and lnformation

Agency (NTIAJ with launching a new independent authority, known as First Responder Network

(FirstNet). The Department of Commerce appointed the members of FirstNet in August Z0IZ.Appointed members are responsible for designing, building and operating a single nationwidepublic safety network in collaboration with a private sector operator that will be chosen through a

competitive bidding process. Karen Wong, Director of the Public Safety Communications Office,

California Technolory Agency has been designated point of contact for California to work with the

FirstNet members. To ensure that California is well represented, the California Technolory Agency

has partnered with the California Emergency Management Agency. The two Agencies will workcollaboratively to represent the interests of public safety officials across California.

The intent of the nationwide interoperable public safety broadband network is to design, build and

operate a nationwide network devised to meet public safety communications needs and provide

new tools for public safety officials with nationwide availability of state-of the art communications

capability for emergency response and recovery. ln order to carry out the goals of the Act inCalifornia, a Governance body representing California's public safety communications stakeholders

will be established, comprised of multi-discipline leaders of state, local, tribal and pr¡vate

associations. The Governance body shall serve as an intergovernmental bridge between federal,

state, local, tribal, private associaüions and other stakeholders to foster and promote collaboration

and lnformation sharing regarding FirstNet and the nationwide network. To begin the process to

develop California's governance body, the Public Safety Communications Office will schedule

three forums in November/December 2OI2 to discuss the National Public Safety Broadband

CALIFORNIA ITCHNOLOGY AGENCY1325 J Strect. Suite 16fl). Sacrâmento, C¡liforni¡ 95t14

Phone (916) 319-9223 'Fax (9lO 342-f?34'ryis.çglg8AGENDA ITEM 7 - ATTACHMENT A

First Responder NetworkOctobei t9,2Ot2Page2

Network, FirstNet and organizing California's governance structure to support this importantendeavor. A notice will be forthcomingwith detailed information regardingthe forums.

It is California's commitment, through collaboration and support, to be fully prepared to work withFirstNet to ensure that the National Public Safety Broadband Network meets the needs ofCalifornia's First Responders. Please share this information with any constituents you deem

necessary. If you have any questions please contact Karen Wong at (916) 657-9443 orKa ren.Won g(ôsta te.ca.Bov.

Sincerely,

OJ4 U-+CARLOS RI.MOSSecretary, Califomia Technology,{gency

cci Mark S. Ghilarducci, Secretary, California Emergency Management AgencyKaren Wong, Director, Public Safety Communications Office, California TechnoloryAgency

Enclosure:List of Recipients

AGENDA ITEM 7 - ATTACHMENT A

This letter will be emailed out to the followins recioients:

Cynthia Gom ez, Governo /s Office, Ca lifornia Tri ba I Adviso r

Scott Seaman, President, California Police Chiefs Association

Keith Royal, Sheriff/President, California State Sheriffs Association

Demetrious N. Shaffer, PresidenL California Fire Chiefs Association

League of California Cities, oublic [email protected]

Cathy Chidester, Emergency Medical Services Admínistrators Association of California

Adam Christianson, lnterim Chair, Californaa Statew¡de lnteroperability Executive Committee (CalSlEC)

Dave Christian, CalSlEC Northern Planning Area

Marc Shorr, CalSlEC Capital-Bay Plannlng Area

Robert Stoffel, CalSlEC Southern Planning Area

Michael Salvador, Lt., CalSlEC Central Planning Area

John Gulserian, California Emergency Services Association (CESA)

Pat Mallon, LA-RICS

Barry Fraser, BayRlCS

Keith RichteC Chief, FIRESCOPE Board of Directors

Don Boland, California Utilities EmergencyAssoc¡at¡on (CUEA)

Commissioner, California Highway Patrol

Director, Fire and Forestry Services

Director, Department of Tra nsportation

Agency Secretary California Department of Corrections and Rehabilitation

Director, California Department of Public Health

Attorney General, Department of Justice

Director, Department of Water Resources

Director, Department of Fish and Game

Director, Department of Parks and Recreation

Adjutant General, California Department of Military



2525 Corporate Place, Suite 200Monterey Park, California 91754

(323) 881-8291

LA-RICS AUTHORITY BOARD OF DIRECTORS

PATRICK J. MALLON i /EXECUTIVE DIRECTOR n/ /*

LA.RICSPATRICK J. MALLONEXECUTIVE DIRECTOR

November 8,2012

TO:

FROM:

RFP #LA-RICS #007 (LAND MOBTLE RAD|O SYSTEM) PROPOSAL EVALUATTONCOMMITTEE

With the release of the subject Request for Proposals and in anticipation of receipt of multipleproposals, your project staff is requesting the early identification of candidates for the EvaluationCommittee. Members of the Evaluation Committee for the current procurement shall not haveparticipated as members of the Evaluation Committee for proposals submitted in response toRFP #LA-RICS 001 or RFP #LA-RICS 004. However, members of the new EvaluationCommittee may have assisted the project as members of the negotiation team for RFP #LA-RICS 001 or RFP #LA-RICS 004. lt is anticipated that the Evaluation Committee will becomprised of individuals with either or both technical and operational experience.

Members of the Authority are requested to submit the names of candidates to the ExecutiveDirector prior to November 30,2012.

PJM

AGENDA ITEM 8



(323) 881-8291

LA.RICS

PATRICKJ. MALLONEXECUTIVE DIRECTOR

November 8,2012

Board of DirectorsLos Angeles Regional lnteroperable Communications System Authority (the "Authority")

Dear Directors:

ACCEPT 2009 STATE HOMELAND SECURTTY GRANT PROGRAM (SHSGP) FUNDS

SUBJECT

Board approval is requested to accept the LA-RICS Project's allocation of the 2009 State HomelandSecurity Grant Program (SHSGP) funds.

IT IS RECOMMENDED THAT YOUR BOARD:

1. Accept 5704,475 in grant funds from the Fiscal Year 2009 State Homeland Security GrantProgram (SHSGP) as distributed through the California Emergency Management Agency(CalEMA); and,

2. Authorize the Executive Director to execute the attached 2009 Homeland Security GrantProgram Sub-recipient Agreement between the County of Los Angeles and the Authority.

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

The Board's adoption of the sub-recipient agreement will allow LA-RICS to request reimbursementfor approved project expenditures. Expenditures for the SHSGP '09 grant are for Land Mobile Radio(LMR) Feasibility Study/Report, LMR 700/800MHz analysis, and site assessment studies.

FISCAL IMPACT/FINANCING

This grant is fully funded by the Department of Homeland Security through CalEMA. There is nomatching fund requirement.

FACTS AND PROVISIONS/LEGAL REQUIREMENT

The Authority's counsel has reviewed the recommended action.

AGENDA ITEM 9

LA-RICS Board of DirectorsMeeting of November 8,2012Page 2

AG REEMENTS/CONTRACTING

The recommended action will authorize the Executive Director to execute the sub-recipientagreement with the County of Los Angeles. As previously approved by your Board and reflected inthe Authority's Fiscal Manual, any additional contracts and purchases will be requisitioned, solicitedand purchased in accordance with the County's purchasing and contracting policies and procedures,as have been adopted by your Board.

Respectfully submitted,

,' t/'

F¿z/:-

EXECUTIVE DIRECTOR

c: Counsel to the Authority

S u b reci pi ent Ag reement

Between the Countv of Los Angeles and

The Los Angeles Regional InteroperableCommunicafíons SysúemJoint Powers Authority

Grant Year 2009

Homeland Securitv Grànt Program

HOA 705809.1 AGENDA ITEM 9 - ATTACHMENT A

SUBRECIPIENT AGREEMENTBETWEEN THE COUNTY OF LOS ANGELES

AND

'THELoSANGELES*to'rïft iS'FËR3=^Ìflibiît"iMUNrcA'oNSSYSrEM

THIS AGREEMENT ("Agreement") is made and entered into by and between the County ofLos Angeles, a political subdivision of the State of California (the "County of Los Angeles"),

and the Los Angeles Regional lnteroperable Communications SystemJoint Powers Authority, a public agency (the "Subrecipient")

WITNESSETH

WHEREAS, the U.S. Depaftment of Homeland Security Title 28 C.F.R. through theOffice of Grants and Training (G&T), has provided financial assistance from the HomelandSecurity Grant Program, Catalog of Federal Domestic Assistance (CFDA) 97.067 directly tothe California Emergency Management Agency (Cal EMA) for the 2009 Homeland SecurityGrant Program (HSGP); and

WHEREAS, the Cal EMA, provides said funds to the Los Angeles County ChiefExecutive Officer (CEO) as its Subgrantee, and CEO is responsible for managing the Grantand overseeing the funds which are distributed, by CEO, to other specified jurisdictions withinLos Angeles County; and

WHEREAS, this financial assistance is being provided to the Subrecipient in order toaddress the unique equipment, training, exercise and planning management needs of theSubrecipient, and to assist Subrecipient in building effective prevention and protectioncapabilities to prevent, respond to, and recover from threats or acts of terrorism; and

WHEREAS, the CEO as Subgrantee has obtained approval of an HSGP 2009 Grantfrom Cal EMA for the Subrecipient in the amount of $704,475; and

WHEREAS, the CEO now wishes to distribute HSGP Grant Funds to the Subrecipient,as fufther detailed in this Agreement; and

WHEREAS, the CEO is authorized to enter into subrecipient agreements with citiesproviding for re-allocation and use of these funds; and to execute all future amendments,modifications, extensions, and augmentations relative to the subrecipient agreements, asnecessary; and

WHEREAS, the County of Los Angeles and Subrecipient are desirous of executingthis Agreement, and the County Board of Supervisors on June 29, 2010 authorized the CEOto prepare and execute this Agreement.

NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:

Grants/SHSGP 2009/Subrecipient AgreemenVLARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

SECTION I

INTRODUCTION

S101. Parties to this Aqreement

The parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having itsprincipal office at Kenneth Hahn Hall of Administration, 500 West Temple Street,Los Angeles, CA 90012; and

B. Los Angeles Regional lnteroperable Communications System Joint Powers Authority,a public agency, having its principal office at2525 Corporate Place, Suite 200,Monterey Park, CA 91754.

S102. Representatives of the Parties and Service of Notices

A. The representatives of the respective parties who are authorized to administer thisAgreement and to whom formal notices, demands and communications shall be givenare as follows:

1. The representative of the County of Los Angeles shall be, unless othenruisestated in this Agreement:

Carol Kindler, ManagerChief Executíve Office, Los Angeles County (LAC)500 W. Temple Street, Room 754Los Angeles, CA 90012Phone: (213) 974-1154Fax: (213) 687-3765ckind ler@ceo. lacou nty. gov

With a copy to:Heather Singh, Grants ManagerChief Executive Office, LAC500 W. Temple Street, Room 754Los Angeles, CA 90012Phone: (213) 974-2319Fax: (213) 687-3765hsingh@ceo. lacou nty. gov

Grants/SHSGP 2009/Subrec¡pient AgreemenVLARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

2. The representative of Subrecipient shall be:

Name andTitle:

Organization

Address:

City/State/Zip:

Phone:

Fax:

Email:

With a copy to:

Name andTitle:

Organization

Address:

City/State/Zip:

Phone:

Fax:

Email:

B. Formal notices, demands and communications to be given hereunder by either partyshall be made in writing and may be effected by personal delivery or by registered orcertified mail, postage prepaid, return receipt requested and shall be deemedcommunicated as of the date of mailing.

C. lf the name and/or title of the person designated to receive the notíces, demands orcommunications or the address of such person is changed, written notice shall begiven, in accord with this section, within five (5) business days of said change.

3Grants/SHSGP 2009/Subrecip¡ent AgreemenVLARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

S103. lndependent Party

Subrecipient is acting hereunder as an independent party, and not as an agent oremployee of the County of Los Angeles. No employee of Subrecipient is, or shall bean employee of the County of Los Angeles by virtue of this Agreement, andSubrecipient shall so inform each employee organization and each employee who ishired or retained under this Agreement. Subrecipient shall not represent or otheruisehold out itself or any of its directors, officers, partners, employees, or agents to be anagent or employee of the County of Los Angeles by virtue of this Agreement.

S104. Conditions Precedent to Execution of This Agreement

Subrecipient shall provide the following signed documents to the County ofLos Angeles, unless othenruise exempted:

A. Certifications and Disclosures Regarding Lobbying, attached hereto as Exhibit A andmade a paÍ hereof, in accordance with S41 1 .4.14 of this Agreement. Subrecipientshall also file a Disclosure Form at the end of each calendar quarter in which thereoccurs any event requiring disclosure or which materially affects the accuracy of theinformation contained in any Disclosure Form previously filed by Subrecipient.

B. Certifications Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion,attached hereto as Exhibit B and made a part hereof, as required by Executive Order12549 in accordance with 541 1 .4.12 of this Agreement.

C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and madea part hereof, in accordance with S411.4.13 of this Agreement.

D. Certification of Assurances - Non-Construction Programs, attached hereto as ExhibitD and made a part hereof, in accordance with S411.C of this Agreement.

SECTION II

TERM AND SERVICES TO BE PROVIDED

s201. Performance Period

The performance period of this Agreement shall be from October 1, 2009 toApril 30, 2012, unless the County of Los Angeles, with Cal EMA approval, provideswritten 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.

4Grants/SHSGP 2009/Subrecipient AgreemenVLARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

s202 Use of Grant Funds

A. Subrecipient and the County of Los Angeles have previously completed a mutuallyapproved budgeUexpenditure plan, hereinafter "Budget," for the HSGP FY 2009 Grant,which has been approved by the California Emergency Management Agency. Thisinformation 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 theappropriate justification and submitted to CEO for approval. lf during the County'sreview process, additional information or documentation is required, the Subrecipientwill have ten ('10) business days to comply with the request. lf the Subrecipient doesnot respond, CEO will issue a letter indicating that the requested modification will bedenied. Modifications must be approved in writing by the County of Los Angeles andCal EMA during the term of this Agreement. Upon approval, all other terms of thisAgreement will remain in effect.

Subrecipient shall utilize grant funds in accordance with all Federal regulations andState Guidelines.

c

Subrecipient agrees that grant funds awarded will be used to supplement existingfunds for program activities, and will not supplant (replace) non-Federal funds.

Subrecipient shall review the Federal Debarment Listing athttp://www.epls.qov/epls/search.do prior to the purchase of equipment or services toensure the intended vendor is not listed and also maintain documentation that the listwas verified.

Prior to the purchase of equipment or services utilizing a sole source contract,justification must be presented to CEO, who upon review will request approval fromCal EMA. Such approval in writing must be obtained prior to the commitment of funds.

Subrecipient shall interface with CEO's Grant Management System as it may exist atthe time of contract execution or during the term of the Agreement.

Subrecipient shall provide monthly status reports to CEO indicating their progress onmeeting program goals and the submission of claims for reimbursement along withany reports requested by the County of Los Angeles regarding performance of thisAgreement. Reports shall be in the form requested by the County of Los Angeles, andshall be provided by the 15th of the following month.

Subrecipient shall provide a copy of their Annual Single Audit Report, as required byOffice of Management and Budget circular A-133, to CEO no later than March 31't ofthe year following the reporting period.

Subrecipient shall provide a Corrective Action Plan to CEO within 30 days of any auditfinding.

E.

Lr

B

D

F

5Grants/SHSGP 2009/Subrecipient AgreemenULARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

Subrecipient will be monitored by the County of Los Angeles on an annual basis toensure compliance with Cal EMA grant program requirements. Said monitoring willinclude, 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&TAuthorized Equipment List (AEL) available online at http://www.rkb.mipt.orq and theAllowable Cost Matrix to the 2009 Homeland Security Grant Program, Guidance andApplication Kit, incorporated by reference, and attached hereto as Exhibit F.

Subrecipient shall provide the County of Los Angeles a copy of its most currentprocurement guidelines and follow its own procurement requirements as long as theymeet or exceed the minimum Federal requirements. Federal procurementrequirements for the HSGP 2009 Grant can be found at OMB Circular A-102, Title 28C.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 MasterMutual Aid Agreement in consultation with representatives of the various fire,emergency medical, hazardous materials response services, and lawenforcement agencies within the jurisdiction of the applicant;

2. Will be consistent with needs as identified in the State Homeland SecurityStrategy and will be deployed in conformance with that plan;

3. Will be made available pursuant to applicable terms of the California Disasterand Civil Defense Master Mutual Aid Agreement and deployed with personneltrained in the use of such equipment in a manner consistent with the CaliforniaLaw Enforcement Mutual Aid Plan or the California Fire Services and RescueMutualAid Plan.

Equipment acquired pursuant to this Agreement shall be subject to the requirements ofTitle 28, C.F.R. 66.32,66.33 and Office of G&T Financial Guide. For the purposes ofthis 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. ltems costingless than $5,000, but acquired under the "Equipment" category of the Grant shall alsobe listed on any required Equipment Ledger.

1. Equipment shall be used by Subrecipient in the program or project for which itwas acquired as long as needed, whether or not the project or programcontinues to be supported by Federal funds. When no longer needed for theoriginal program or project, the Equipment may be used in other activitiescurrently or previously supported by a Federal agency.

2. Subrecipient shall make Equipment available for use on other like projects orprograms currently or previously supported by the Federal Government,providing such use will not interfere with the work on the projects or program forwhich it was originally acquired. First preference for other use shall be given toother programs or projects supported by the awarding agency.

L

J.

K


3. An Equipment Ledger shall be maintained listing each item of Equipmentacquired with HSGP funds. The Equipment Ledger must be kept up to date atall times. Any changes shall be recorded in the Ledger within ten (10) businessdays and the updated Ledger is to be fonruarded to the County of Los Angeles'Auditor-Controller Shared Services Division. The Equipment Ledger shallinclude. (a) description of the item of Equipment, (b) manufacturer's model andserial number, (c) Federal Stock number, national stock number, or otheridentification number, (d) the fund source/grant year of acquisition of theEquipment, including the award number, (e) date of acquisition, (f) the per unitacquisition cost of the Equipment, (g) location and condition of Equipment and(h) disposition data, including date and sale price , if applicable. Records mustbe retained pursuant to Title 28 C.F.R. Part66.42.

4. All Equipment obtained under this Agreement shall have an appropriateidentification decal affixed to it, and, when practical, shall be affixed where it isreadily visible.

5. A physical inventory of the Equipment shall be taken by the Subrecipient andthe results reconciled with the Equipment Ledger at least once every two yearsor prior to any site visit by State or Federal auditorsimonitors. The Subrecipientis required to submit a letter certifying as to the accuracy of the EquipmentLedger to the County of Los Angeles, in the frequency as above.

L. Any planning paid pursuant to this Agreement shall conform to the guidelines as listedin FY 2009 Homeland Security Grant Program, Guidance and Application Kit orsubsequent grant year programs.

M. Any training paid pursuant to this Agreement shall conform to the guidelines as listedin FY 2009 Homeland Security Grant Program, Guidance and Application Kit, andmust be first submitted to CEO and then pre-authorized by Cal EMA. A catalog ofFederally approved and sponsored training courses is available athttp : //wt¡vur. o i p. u s d oj. q ov/od p/tra i n i n q . htm.

N. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listedin FY 2009 Homeland Security Grant Program, Guidance and Application Kit. DetailedHomeland Security Exercise and Evaluation Program Guidance is available athttp ://hseep. d hs. qov.

O. Subrecipient shall provide to County a spending plan detailing the required steps andtimeframes required to complete the approved projects within the grant timeframe.Subrecipient shall submit the spending plan to County prior to final execution of theAgreement.

P. Any organization activities paid pursuant to this Agreement shall conform to theguidelines as listed in FY 2009 Homeland Security Grant Program, Program Guidanceand Application Kit.

Grants/SHSGP 2009/5ubrec¡pient AgreemenVLARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

SECTION III

PAYMENT

5301. Pavment of Grant Funds and Method of Payment

A. The County of Los Angeles shall reimburse Subrecipient the grant amount of $704,475as expenditures are incurred and paid by Subrecipient and all documentation isreviewed and approved by County. All expenditures shall be for the purchase ofequipment, exercises, training, and planning as described in Section ll of thisAgreement. The grant amount represents the amount allocated to Subrecipient in theFY 2009 HSGP Grant Award Letter from Cal EMA.

B. Subrecipient shall submit invoices to the County of Los Angeles Auditor-ControllerShared Services Division requesting payment as soon as expenses are incurred andpaid, and the required supporting documentation is available. Said timeframe shouldbe within ten (10) business days of Subrecipient's payment to vendors and/orprescribed due dates by CEO and/or Cal EMA. Each reimbursement request shall beaccompanied by the Reimbursement Request Checklist and Form (attached hereto asExhibit G). All appropriate back-up documentation must be attached to thereimbursement form, including invoices, proof of payment and packing slips.

For training reimbursements, Subrecipient must include a copy of the class rosterverifying training attendees, proof that prior approval was obtained from Cal EMA anda Cal EMA tracking number has been assigned to the course, and timesheets andpayroll registers for all training attendees.

For exercise reimbursements, Subrecipient must enter the After Action Repoft andlmprovement Plan on the State Office of Domestic Preparedness secure portal within60 days following completion of the exercise.

For planning reimbursements, Subrecipient must include a description of the finaltangible product as a result of the planning prolect.

C. The County of Los Angeles may, at its discretion, and with Cal EMA approval,reallocate unexpended grant funds to another subrecipient. Said reallocation mayoccur upon completion of an approved project, or by written notification from theSubrecipient to the County of Los Angeles that a portion of the grant funds identified in

S301.4., above, will not be utilized. As provided in 5502, below, any increase ordecrease in the grant amount specified in $301.4., above, may be effectuated by awritten notification by the County of Los Angeles to the Subrecipient.

D. Payment of final invoice shall be withheld by the County of Los Angeles until theCounty has determined that Subrecipient has turned in all supporting documentationand completed the requirements of this Agreement.

IGrants/SHSGP 2009/Subrecipient AgreemenULARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

E. lt is understood that the County of Los Angeles makes no commitment to fund thisAgreement beyond the terms set forth herein.

F. 1. County's obligation is payable only from funds appropriated for the purpose of thisAgreement. All funds for payments after the end of the current fiscal year are subjectto Federal, State or County's legislative appropriation for this purpose. ln the event thisAgreement extends into succeeding fiscal year periods and the Board of Supervisorsor the State or Federal Legislature does not allocate sufficient funds for the nextsucceeding fiscal year payments, services shall automatically be terminated as of theend of the then current fiscal year.

2. County shall make a good-faith effort to notify Subrecipient, in writing, of suchnon-appropriation at the earliest time.

SECTION IV

STANDARD PROVISIONS

5401. Construction of Provisions and Titles Herein

All titles or subtitles appearing herein have been inserted for convenience and shallnot be deemed to affect the meaning or construction of any of the terms or provisionshereof. The language of this Agreement shall be construed according to its fairmeaning and not strictly for or against either party.

5402. Applicable Law. lnterpretation and Enforcement

Each party's performance hereunder shall comply with all applicable laws of the UnitedStates of America, the State of California, and the County of Los Angeles. ThisAgreement shall be enforced and interpreted under the laws of the State of Californiaand the County of Los Angeles.

lf 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 Governmenthavíng jurisdiction over this Agreement, the validity of the remainder of the Agreementshall not be affected thereby.

Applicable Federal or State requirements that are more restrictive shall be followed.

5403. lnteqrated Aqreement

This Agreement sets forth all of the rights and duties of the parties with respect to thesubject matter hereof, and replaces any and all previous agreements orunderstandings, whether written or oral, relating thereto. This Agreement may beamended only as provided for herein.

IGrants/SHSGP 2009/Subrecip¡ent AgreemenULARlCS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

5404. Breach

lf any party fails to pedorm, in whole or in paft, any promise, covenant, or agreementset fofth herein, or should any representation made by it be untrue, any aggrievedparty 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 noevent shall any party recover more than once, suffer a penalty or forfeiture, or beunjustly compensated.

5405. Prohibition Aqainst Assiqnment or Deleqation

Subrecipient may not, unless it has first obtained the written permission of the Countyof Los Angeles:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment;or

B. Delegate, subcontract, or othen¡vise transfer any of its duties hereunder.

5406. Permits

Subrecipient and its officers, agents and employees shall obtain and maintain allpermits and licenses necessary for Subrecipient's performance hereunder and shallpay any fees required therefor. Subrecipient further certifies that it will immediatelynotify the County of Los Angeles of any suspension, termination, lapses, non renewalsor restrictions of licenses, certificates, or other documents.

5407. Nondiscrimination and Affirmative Action

Subrecipient shall comply with the applicable nondiscrimination and affirmative actionprovisions of the laws of the United States of America, the State of California, and theCounty of Los Angeles. ln performing this Agreement, Subrecipient shall notdiscriminate in its employment practices against any employee or applicant foremployment because of such person's race, religion, national origin, ancestry, sex,sexual orientation, âg€, physical handicap, mental disability, marital status, domesticpartner status or medical condition. Subrecipient shall comply with Executive Order11246, entitled "Equal Employment Opportunity," as amended by Executive Order11375, and as supplemented in Department of Labor regulations (41 CRF Part 60).

lf required, Subrecipient shall submit an Equal Employment Opporlunity Plan ("EEOP")to the DOJ Office of Civil Rights ("OCR") in accordance with guidelines listed athttp :/iwww. o i p. usd oj. qov/a bo uUocr/eeop. htm.

Any subcontract entered into by the Subrecipient relating to this Agreement, to theextent allowed hereunder, shall be subject to the provisions of this 5407 of thisAgreement.

Grants/SHSGP 2009/Subrecipient AgreemenULARlCS JPA Agreement rev10


5408. lndemnification

Each of the parties to this Agreement is a public entity. This indemnity provision iswritten in contemplation of the provisions of Section 895.2 of the Government Code ofthe State of California, which impose cerlain tort liability jointly upon public entities,solely by reason of such entities being parties to an agreement, and the parlies agreethat this indemnity provision shall apply and shall be enforceable regardless ofwhether Section 895 et seq. is deemed to apply to this Agreement. The partieshereto, as between themselves, consistent with the authorization contained inGovernment Code Sections 895.4 and 895.6 agree to each assume the full liabilityimposed upon it or upon any of its officers, agents, or employees by law, for injurycaused by a negligent or wrongful act or omission occurring in the performance of thisAgreement, to the same extent that such liability would be imposed in the absence ofGovernment Code Section 895.2. To achieve the above-stated purpose, each partyagrees to indemnify and hold harmless the other party for any liability arising out of itsown negligent acts or omissions in the performance of this Agreement (i.e., theSubrecipient agrees to indemnify and hold harmless the County of Los Angeles forliability arising out of the Subrecipient's negligent or wrongful acts or omissions and theCounty of Los Angeles agrees to indemnify and hold harmless the Subrecipient forliability arising out of the County of Los Angeles' negligent or wrongful acts oromissions). Each pafty further agrees to indemnify and hold harmless the other partyfor liability that is imposed on the other party solely by virtue of Government CodeSection 895.2. The provisions of Section 2778 of the California Civil Code are made apart hereof as if fully set forth herein. Subrecipient certifies that it has adequate selfinsured retention of funds to meet any obligation arising from this Agreement.

5409. Conflict of lnterest

A. The Subrecipient covenants that none of its directors, officers, employees, or agentsshall participate in selecting, or administrating any subcontract supported (in whole orin part) by Federal funds where such person is a director, officer, employee or agent ofthe subcontractor; or where the selection of subcontractors is or has the appearanceof being motivated by a desire for personal gain for themselves or others such asfamily business, etc.; or where such person knows or should have known that.

1. A member of such person's immediate family, or domestic partner ororganization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating anyprospective employment; or

3. The participation of such person would be prohibited by the California PoliticalReform Act, California Government Code 587100 et seq. if such person were apublic officer, because such person would have a "financial or other interest" inthe subcontract.

Grants/SHSGP 2009/Subrec¡pient Agreement/LARICS JPA Agreement rev11


Definitions:

1. The term "immediate family" includes but is not limited to domestic partnerandior those persons related by blood or marriage, such as husband, wife,father, mother, brother, sister, son, daughter, father in law, mother in law,brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" includes but is not limited to:

a. Any direct or indirect financial interest in the specific contract, including acommission or fee, a share of the proceeds, prospect of a promotion or offuture employment, a profit, or any other form of financial reward.

b. Any of the following interests in the subcontractor ownership: paftnershipinterest or other beneficial interest of five percent or more; ownership offive percent or more of the stock; employment in a managerial capacity; ormembership on the board of directors or governing body.

The Subrecipient further covenants that no officer, director, employee, or agent shallsolicit or accept gratuities, favors, anything of monetary value from any actual orpotential subcontractor, supplier, a party to a sub agreement, (or persons who areothenryise in a position to benefit from the actions of any officer, employee, or agent).

The Subrecipient shall not subcontract with a former director, officer, or employeewithin a one year period following the termination of the relationship between saidperson and the Subrecipient.

Prior to obtaining the County of Los Angeles' approval of any subcontract, theSubrecipient shall disclose to the County of Los Angeles any relationship, financial orothen¡r¡ise, direct or indirect, of the Subrecipient or any of its officers, directors oremployees or their immediate family with the proposed subcontractor and its officers,directors or employees.

For further clarification of the meaning of any of the terms used herein, the partiesagree that references shall be made to the guidelines, rules, and laws of the County ofLos Angeles, State of California, and Federal regulations regarding conflict of interest.

The Subrecipient warrants that it has not paid or given and will not pay or give to anythird person any money or other consideration for obtaining this Agreement.

The Subrecipient covenants that no member, officer or employee of Subrecipient shallhave interest, direct or indirect, in any contract or subcontract or the proceeds thereoffor work to be performed in connection with this project during his/her tenure as suchemployee, member or officer or for one year thereafter.

The Subrecipient shall incorporate the foregoing subsections of this Section into everyagreement that it enters into in connection with this grant and shall substitute the term

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F.

Lr

H

I


"subcontractor" for the term "Subrecipient" and "sub subcontractor" for"Subcontractor".

5410. Restriction on Disclosures

Any reports, analysis, studies, drawings, information, or data generated as a result ofthis Agreement are to be governed by the California Public Records Act (CaliforniaGovernment Code Sec. 6250 et seq.).

5411. Statutes and Requlations Applicable To All Grant Contracts

A. Subrecipient shall comply with all applicable requirements of State, Federal, andCounty of Los Angeles laws, executive orders, regulations, program and administrativerequirements, policies and any other requirements governing this Agreement.Subrecipient shall comply with applicable State and Federal laws and regulationspertaining to labor, wages, hours, and other conditions of employment. Subrecipientshall comply with new, amended, or revised laws, regulations, and/or procedures thatapply to the performance of this Agreement. These requirements include, but are notlimited to:

1. Office of Management and Budget (OMB) Circulars

Subrecipient shall comply with OMB Circulars, as applicable: OMB CircularA-21 (Cost Principles for Educational lnstitutions); OMB Circular A-87 (CostPrinciples for State, Local, and lndian Tribal Governments); OMB CircularA-102 (Grants and Cooperative Agreements with State and LocalGovernments); Common Rule, Subpart C for public agencies or OMB CircularA-1 10 (Uniform Administrative Requirements for Grants and Other Agreementswith lnstitutions of Higher Education, Hospitals and Other Non-ProfitOrganizations); OMB Circular A-122 (Cost Principles for Non-ProfitOrganizations); OMB Circular A-133 (Audits of States, Local Governments, andNon-Profit Orga nizations.

2. Sinqle Audit Act

Since Federal funds are used in the pefformance of this Agreement,Subrecipient shall, as applicable, adhere to the rules and regulations of theSingle AuditAct, 31 USC Sec. 7501 et seq.;); OMB CircularA-133 and anyadministrative regulation or field memos implementing the Act.

3. Americans with Disabilities Act

Subrecipient hereby certifies that, as applicable, it will comply with theAmericans with Disabilities Act 42, USC SS12101 et seq., and its implementingregulations. Subrecipient will provide reasonable accommodations to allowqualified individuals with disabilities to have access to and to participate in itsprograms, services and activities in accordance with the provisions of theAmericans with Disabilities Act. Subrecipient will not discriminate against


persons with disabilities nor against persons due to their relationship to orassociation with a person with a disability. Any subcontract entered into bySubrecipient, relating to this Contract, to the extent allowed hereunder, shall besubject to the provisions of this paragraph.

Political and Sectarian Activitv Prohibited

None of the funds, materials, property or services provided directly or indirectlyunder this Agreement shall be used for any paftisan political activity, or tofurther the election or defeat of any candidate for public office. Neither shallany funds provided under this Agreement be used for any purpose designed tosupport or defeat any pending legislation or administrative regulation. None ofthe funds provided pursuant to this Agreement shall be used for any sectarianpurpose 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 theaccuracy of any of the information contained in any Disclosure Form previouslyfiled by Subrecipient. Subrecipient shall require that the language of thisCertification be included in the award documents for all sub-awards at all tiersand that all subcontractors shall certify and disclose accordingly.

Records lnspection

At any time during normal business hours and as often as either the County ofLos Angeles, the U.S. Comptroller General or the Auditor General of the Stateof California may deem necessary, Subrecipient shall make available forexamination all of its records with respect to all matters covered by thisAgreement. The County of Los Angeles, the U.S. Comptroller General and theAuditor General of the State of California shall have the authority to audit,examine and make excerpts or transcripts from records, including allSubrecipient's invoices, materials, payrolls, records of personnel, conditions ofemployment and other data relating to all matters covered by this Agreement.

Subrecipient agrees to provide any repofts requested by the County regardingperformance of this Agreement.

Records Maintenance

Records, in their original form, shall be maintained in accordance withrequirements prescribed by the County of Los Angeles with respect to allmatters specified in this Agreement. Original forms are to be maintained on filefor all documents specified in this Agreement. Such records shall be retainedfor a period five (5) years after termination of this Agreement and after finaldisposition of all pending matters. "Pending matters" include, but are not limitedto, an audit, litigation or other actions involving records. The County ofLos Angeles may, at its discretion, take possession of, retain and audit saidrecords. Records, in their original form pertaining to matters covered by this

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Agreement, shall at all times be retained within the County of Los Angelesunless authorization to remove them is granted in writing by the County ofLos Angeles.

Subcontracts and Procurement

Subrecipient shall, as applicable, comply with the Federal, State and County ofLos Angeles standards in the award of any subcontracts. For purposes of thisAgreement, subcontracts shall include but not be limited to purchaseagreements, rental or lease agreements, third paÍy agreements, consultantservice contracts and construction subcontracts.

Subrecipient shall, as applicable, ensure that the terms of this Agreement withthe County of Los Angeles are incorporated into all Subcontractor Agreements.The Subrecipient shall submit all Subcontractor Agreements to the County ofLos Angeles for review prior to the release of any funds to the subcontractor.The Subrecipient shall withhold funds to any subcontractor agency that fails tocomply with the terms and conditions of this Agreement and their respectiveS ubcontractor Ag reement.

Labor

Subrecipient shall, as applicable, comply with the lntergovernmental PersonnelAct of 1970 (42 U.S.C. 5547284763) relating to prescribed requirements formerit systems for programs funded under one of the 19 statutes or regulationsspecified in Appendix A of OPM's Standards for a Merit System PersonnelAdministration (5 C.F.R. 900, Subpart F).

Subrecipient shall comply, as applicable, with the provisions of the Davis-BaconAct (40 U.S.C. $$276a to 276a-7); the Copeland Act (40 U.S.C. $276c and 18U.S.C. S87 ); the Contract Work Hours and Safety Standards Act (40 U.S.C.SS327-333), regard ing labor standards for federally-assisted constructionsubagreements; and the Hatch Act (5 USC SS1501-1508 and 7324-7328).

Subrecipient shall, as applicable, comply with the Federal Fair Labor StandardsAct (29 U.S.C. 5201) regarding wages and hours of employment.

None of the funds shall be used to promote or deter Union/labor organizingactivities. CA Gov't Code Sec. 16645 et seq.

Civil Riqhts

Subrecipient shall, as applicable, comply with all Federal statutes relating tonondiscrimination. These include but are not limited to: (a) Title Vl of the CivilRights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis ofrace, color or national origin; (b) Title lX of the Education Amendments of 1972,as amended (20 U.S.C. SS1681- 1683, and 1685-1686), which prohibitsdiscrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of

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Grants/SHSGP 2009/Subrecipient AgreemenVLARlCS JPA Agreemenl rev15


1973, as amended (29 U.S.C. 5794), which prohibits discrimination on the basisof handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C.556101-6107), which prohibits discrimination on the basis of age; (e) the DrugAbuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating tonondiscrimination on the basis of drug abuse; (f) the Comprehensive AlcoholAbuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970(P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcoholabuse or alcoholism; (g) SS523 and 527 of the Public Health Service Act of1912 (42 U.S.C. SS290 dd-3 and 290 ee 3), as amended, relating toconfidentiality of alcohol and drug abuse patient records; (h) Title Vlll of theCivil Rights Act of 1968 (42 U.S.C. 553601 et seq.), as amended, relating tonon-discrimination in the sale, rental or financing of housing; (i) any othernondiscrimination provisions in the specific statute(s) under which applicationfor Federal assistance is being made; (j) the requirements of any othernondiscrimination 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.

Environmental

Subrecipient shall, as applicable, comply, or has already complied, with therequirements of Titles ll and lll of the Uniform Relocation Assistance and RealProperty Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fairand equitable treatment of persons displaced or whose property is acquired asa result of Federal or federally-assisted programs. These requirements apply toall interests in real property acquired for project purposes regardless of Federalparticipation in purchases.

Subrecipient shall comply, as applicable, with environmental standards whichmay be prescribed pursuant to the following: (a) institution of environmentalquality control measures under the National Environmental Policy Act of 1969(P.1. 91-190) and Executive Order (EO) 1 1514; (b) notification of violatingfacilities pursuant to EO 11738; (c) protection of wetlands pursuant toEO 1 1990; (d) evaluation of flood hazards in floodplains in accordance withEO 1 '1988; (e) assurance of project consistency with the approved Statemanagement program developed under the Coastal Zone Management Act of1972 (16 U.S.C. SS1451 et seq.); (f) conformity of Federal actions to State(Clean Air) lmplementation Plans under Section 176(c) of the Clean Air Act of1955, as amend ed (42 U.S.C. SS7401 et seq.); (g) protection of undergroundsources of drinking water under the Safe Drinking Water Act of 1974, asamended (P.L. 93-523); (h) protection of endangered species under theEndangered Species Act of 1973, as amended (P.L. 93205); and (i) FloodDisaster Protection Act of 1973 S1 02(a) (P.1. 93-234).

Subrecipient shall, as applicable, comply with the Wild and Scenic Rivers Act of1968 (16 U.S.C. SS1271 et seq.) related to protecting components or potentialcomponents of the national wild and scenic rivers system.

10.

Grants/SHSGP 2009/Subrecip¡ent AgreemenULARlCS JPA Agreement rev16


Subrecipient shall, as applicable, comply with the Lead-Based Paint PoisoningPrevention Act (42 U.S.C. SS4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

Subrecipient shall, as applicable, comply with the FederalWater PollutionControl Act (33 U.S.C. S1251 et seq.) which restores and maintains thechemical, 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 projectare not listed in the Environmental Protection Agency's (EPA) list of ViolatingFacilities and that it will notify the Federal Grantor agency of the receipt of anycommunication from the Director of the EPA Office of Federal Activitiesindicating that a facility to be used in the project is under consideration for listingby the EPA.

By signing this Agreement, Subrecipient ensures that it is in compliance withthe California Environmental Quality Act (CEQA), Public Resources CodeS21000 et seq.

Subrecipient shall, as applicable, comply with the Energy Policy andConservation Act (P.L. 94-163, 89 Stat. 871).

Subrecipient shall comply, as applicable, with the provision of the CoastalBarrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et.seq.) which prohibits the expenditure of most new Federalfunds within the unitsof the Coastal Barrier Resources System.

Preservation

Subrecipient shall, as applicable, comply with Section 106 of the NationalHistoric Preservation Act of '1 966, as amended (16 U.S.C. 5470), EO 1 1593(identification and protection of historic properties), and the Archaeological andHistoric Preservation Act of 1974 (16 U.S.C. gga69a-1 et seq.).

Suspension and Debarment

Subrecipient shall, as applicable, comply with Title 28 C.F.R. Volume 67,Number 228, regarding Suspension and Debarment, and Subrecipient shallsubmit a Certification Regarding Debarment, attached here to as Exhibit B,required by Executive Order 12549 and any amendment thereto. SaidCertification shall be submitted to the County of Los Angeles concurrent withthe execution of this Agreement and shall certify that neither Subrecipient norits principals are presently debarred, suspended, proposed for debarment,declared ineligible or voluntarily excluded from particípation in this transactionby any Federal department head or agency. Subrecipient shall require that thelanguage of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors shall certify accordingly.

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Grants/SHSGP 2009/Subrecipient AgreemenVLARlCS JPA Agreement rev17


13. Druq-FreeWorkplace

Subrecipient shall, as applicable, comply with the federal Drug-Free WorkplaceAct of 1988, 41 USC 5701, Title 28 Code of Federal Regulations (CFR) Part 67;the California Drug-Free Workplace Act of 1990, CA Gov't Code 558350-8357,and Subrecipient shall complete the Certification Regarding Drug-FreeWorkplace Requirements, attached hereto as Exhibit C, and incorporatedherein by reference. Subrecipient shall require that the language of thisCertification be included in the award documents for all sub-award at all tiersand that all subcontractors shall certify accordingly.

14. Lobbying Activities

Subrecipient shall, as applicable, comply with 31 U.S.C.1352 and complete theDisclosure of Lobbying Activities, (OMB 0038-0046), attached hereto asExhibit A, and incorporated herein by reference.

15. Miscellaneous

Subrecipient shall, as applicable, comply with the Laboratory Animal WelfareAct of 1966, as amended (P.L. 89-544,7 USC SS2131 et seq.).

B. Statutes and Regulations Applicable To This Parlicular Grant

Subrecipient shall comply with all applicable requirements of State and Federal laws,executive orders, regulations, program and administrative requirements, policies andany other requirements governing this padicular grant program. Subrecipient shall, asapplicable, comply with new, amended. or revised laws, regulations, and/orprocedures that apply to the performance of this Agreement. These requirementsinclude, but are not limited to:

1. Title 28 CFR Part 66; EO 12372; (Financial Management Guide US Departmentof Homeland Security Directorates Preparedness January 2006, FinancialGuide; U.S. Department of Homeland Security, Office of State and LocalGovernment Coordination and Preparedness, Office for DomesticPreparedness, ODP WMD Training Course Catalogue; and DOJ Office for CivilRights.

Standardized Emergency Management System (SEMS) requirements as statedin the California Emergency Services Act, Government Code Chapter 7 ofDivision 1 of Title 2, 58607.1(e) and CCR Title 19, SS2445-2448.

Provisions of Title 2,6,28,44 CFR applicable to grants and cooperativeagreements, including Part 18, Administrative Review Procedures; Parl 20,Criminal Justice lnformation Systems; Part 22, Confidentiality of ldentifiableResearch and Statistical lnformation; Part.23, Criminal lntelligence SystemsOperating Policies; Paft 30, lntergovernmental Review of Department of JusticePrograms and Activities; Part 35, Nondiscrimination on the Basis of Disability in

Grants/SHSGP 2009/Subrec¡p¡ent AgreemenVLARlCS JPA Agreement rev18


State and Local Government Services; Part 38, Equal Treatment of Faith-basedOrgan izations ; Part 42, Nond iscrim ination/Eq ual Employment Opportu nitiesPolicies and Procedures; Part 61, Procedures for lmplementing the NationalEnvironmental Policy Act; Part 63, Floodplain Management and WetlandProtection Procedures; Part 64, Floodplain Management and WetlandProtection Procedures; Federal laws or regulations applicable to FederalAssistance Programs; Part 69, New Restrictions on Lobbying; Part 70, UniformAdministrative Requirements for Grants and Cooperative Agreements (includingsub-awards) with lnstitutions of Higher Learning, Hospitals and other Non-ProfitOrganizations; and Part 83, Government-Wide Requirements for a Drug FreeWorkplace (grants).

Nondiscrimination requirements of the Omnibus Crime Control and Safe StreetsAct of 1968, as amended,42 USC 3789(d), or the Juvenile Justice andDelinquency Prevention Act, or the Victims of Crime Act, as appropriate; theprovisions of the current edition of the Office of Justice Programs Financial andAdministrative Guide for Grants,lül7100.1, and all other applicable Federallaws, orders, circulars, or regulations.

Travel Expenses

Subrecipient, as provided herein, shall be compensated for Subrecipient'sreasonable travel expenses incurred in the performance of this Agreement, toinclude travel and per diem, unless othen¡rise expressed. Subrecipient's totaltravel for in-State and/or out-of-State and per diem costs shall be included inthe contract budget(s). All travel including out-of-State travel not included in thebudget(s) shall not be reimbursed without prior written authorization from theCounty of Los Angeles.

Subrecipient's administrative-related travel and per diem reimbursement costsshall be reimbursed based on the Subrecipient's policies and procedures. Forprogrammatic-related travel costs, Subrecipient's reimbursement rates shall notexceed the amounts established by the County of Los Angeles.

Noncompliance

Subrecipient understands that failure to comply with any of the aboveassurances may result in suspension, termination or reduction of grant funds,and repayment by the Subrecipient to the County of Los Angeles of anyunauthorized expend itures.

C. Compliance With Grant Requirements

To obtain the grant funds, the State required an authorized representative of theCounty of Los Angeles to sign certain promises regarding the way the grant fundswould be spent. These requirements are included in the 2009 Program Guidanceand Application Kit and in the "Grant Assurances", attached hereto as Exhibit D. Bysigning these Grant Assurances and accepting the Program Guidances, the County

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19Grants/SHSGP 2009/Subrecipient AgreemenULAR ICS JPA Agreement rev AGENDA ITEM 9 - ATTACHMENT A

of Los Angeles became liable to the State for any funds that are used in violation ofthe grant requirements. Subrecipient shall be liable to the Grantor for any funds theState determines that Subrecipient used in violation of these Grant Assurances.Subrecipient shall indemnify and hold harmless the County of Los Angeles for anysums the State or Federal government determines Subrecipient used in violation ofthe Grant Assurances.

5412. Federal. State and Local Taxes

Federal, State and local taxes shall be the responsibility of the Subrecipient as anindependent party and not of the County of Los Angeles and shall be paid prior torequesting reimbursement. However, these taxes are an allowable expense under thegrant program.

5413. lnventions. Patents and Copvrights

A. Reporting Procedure for lnventions

lf any project produces any invention or discovery (lnvention) patentable or othen¡uiseunder Title 35 of the U.S. Code, including, without limitation, processes and businessmethods made in the course of work under this Agreement, the Subrecipient shallreport the fact and disclose the lnvention promptly and fully to the County ofLos Angeles. The County of Los Angeles shall report the fact and disclose thelnvention to the State. Unless there is a prior agreement between the County ofLos Angeles and the State, the State shall determine whether to seek protection onthe lnvention. The State shall determine how the rights in the lnvention, includingrights under any patent issued thereon, will be allocated and administered in order toprotect the public interest consistent with the policy ("Policy") embodied in the FederalAcquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part a01); PresidentialMemorandum on Government Patent Policy to the Heads of the ExecutiveDepartments and Agencies, dated 211811983); and Executive Order 12591,4110187,52 FR 13414, Title 3 CFR, 1987 Comp., p.220 (as amended by Executive Order12618, 12122187 , 52 FR 48661 , Title 3 CFR, 1987 Comp., p. 262). Subrecipienthereby agrees to be bound by the Policy, and will contractually require its personnel tobe bound by the Policy.

B. Rights to Use lnventions

County of Los Angeles shall have an unencumbered right, and a non-exclusive,irrevocable, royalty-free license, to use, manufacture, improve upon, and allow othersto do so for all government purposes, any lnvention developed under this Agreement.

C. Copyright Policy

1. Unless otherwise provided by the terms of the State or of this Agreement, whencopyrightable material (Material) is developed under this Agreement, theCounty of Los Angeles, at the County's discretion, may copyright the Material.



lf the County of Los Angeles declines to copyright the Material, the County ofLos Angeles shall have an unencumbered right, and a non-exclusive,irrevocable, royalty-free license, to use, manufacture, improve upon, and allowothers to do so for all government purposes, any Material developed under thisAgreement.

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 doso for all government purposes, any Material developed under this Agreementor 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 copyrightlicense to any data first produced or delivered under this Agreement. "Unlimitedrights" means the right to use, disclose, reproduce, prepare derivative works, distributecopies to the public, and perform and display publicly, or permit others to do so; asrequired by Title 48 CFR 27.401. Where the data are not first produced under thisAgreement or are published copyrighted data with the notice of 17 U.S.C. Section 401or 402, the State acquires the data under a copyright license as set forth in Title 48CFR27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.a}a@\.

E. Obligations Binding on Subcontractors

Subrecipient shall require all subcontractors to comply with the obligations of thissection by incorporating the terms of this section into all subcontracts.

5414. Child Support Assiqnment Orders

Under the terms of this Agreement, Subrecipient shall comply with California FamilyCode Section 5230 et seq. as applicable.

S415. Minoritv, Women, And Other Business Enterprise Outreach Proqram

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 opportunityto participate in the performance of all Subrecipient's contracts, including procurement,construction and personal services. This policy applies to all the Subrecipient'scontractors and sub-contractors.

Grants/SHSGP 2009/Subrec¡pient AgreemenVLAR ICS JPA Agreement rev21


s501.

SECTION V

DEFAU LTS. SUSPENS ION. TERMI NATION, AN D AM EN DMENTS

Defaults

Should either party fail for any reason to comply with the contractual obligations of thisAgreement within the time specified by this Agreement, the non-breaching paftyreserves the right to terminate the Agreement, reserving all rights under State andFederal law.

5502. Amendments

Except as othen¡uise provided in this paragraph, any change in the terms of thisAgreement, including changes in the services to be performed by Subrecipient, thatare agreed to by the Subrecipient and the County of Los Angeles must beincorporated into this Agreement by a written amendment properly signed by personswho are authorized to bind the padies. Notwithstanding the foregoing, any increase ordecrease of the grant amount specified in $301.A., above, or any extension of thepedormance 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 theSubrecipient.

SECTION VI

ENTIRE AGREEMENT

5601. Complete Aqreement

This Agreement contains the full and complete Agreement between the two parties.Neither verbal agreement nor conversation with any officer or employee of either partyshall affect or modify any of the terms and conditions of this Agreement.

5602. Number of Paqes and Attachments

This Agreement may be executed in two (2) duplicate originals, each of which isdeemed to be an original. This Agreement includes (23) pages and (7) Exhibits whichconstitute the entire understanding and agreement of the parties.



lN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused thisAgreement to be executed by their duty authorized representatives.

COUNTY OF LOS ANGELES

WILLIAM T FUJIOKAChief Executive Officer

Date

By

By

BySACHI A. HAMAIExecutive Officer, Board of Supervisors

APPROVED AS TO FORM:

JOHN F. KRATTLICounty Counsel

Principal Deputy County Counsel

WENDY L. WATANABEAuditor-Controller

BY

BY , PATRICK J. MALLONLos Angele Regional lnteroperable Print NameSystem AuthorityExecutive Director

APPROVED AS TO FORM:

, AMANDA DRUKKER

Date

BYCounty Counsel Print Name Date

Page 23


EXHIBITS

Exhibit A Certification and Disclosures Regarding Lobbying

Exhibit B Certification Regarding Debarment, Suspension, lneligibility andVoluntary 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 2-232Approved by OMB 0348-0046

DISCLOSURE OF LOBBYING AGTIVITIESthis form to disclose activities ntto 31 U.S.C. 1352

1. Type of Federal Action:

1-]l-J a. contractb. grantc, cooperative agreementd. loane. loan guaranteef. loan insurance

2. Status of Federal Acfion:

rlI-¡ a. bid/offer/applicationb. initial awardc. post-award

3. Report Type:

l-l ". initial filinob. material change

For Material Change Only:

Year _ Quarterdate of last report

4. Name and Address of Reporting Entity: 5. lf Reporting Entity in No. 4 is Subawardee,Enter Name and Address of Prime:

Congressional District, if known:

ÍJ e.tr" il subawardee

Tier, If known:

Congressíonal District if known:

6. Federal DepartmenUAgency: 7, Federal Program Name/Description:

CFDA Number, if applicabte:

8, Federal Actíon Number, if known: 9, AwardAmount, if known:10. a. Name and Address of Lobbying Enfity

(if individual, last name, tirst name, Ml)i(attach Continuat¡on Sheet(s) SF-LLL-A, if necessary)

b. lndividuals Performing Services(last name, first name, Ml - include address if different from 10a)

I l. Amount of Payment (check all that apply) ;

fi actual l.l p¡annedI 3. Type of Payment (check ail that apply):

l-l a. retainer

f, b. one-time fee

fl c. commission

I d. contlngent fee

fl e. deferred

S t. oth"r; specify:nature value

12. Fo¡m of Payment (check all that appty):

I a. castr

f u in-kind; speciñ7:

14' Brief.Description of Services Performed or to be Perfo¡med and Date(s) of Service, including officer(s), employee(s), orMember(s) contacted, for Payment indicated in item 11: lattacn coirin-ri¡on sheer(s) SF-LLL-A, ir necessary)

15. GontinuationSheet(slSF-LLL-Aattached: @v"r C*o16" Signature:

Name:

Title:

Teleohone:(area coda)

Dale:

Federal Use Only: Authorized for Local ReproductionStandard Form - LLL

Disclosure of Lobbying Activities - CaIEMA 2-232 (Revise d 2tllZOOg)


ApprovadbyOMB 034&0O16

DISCLOSURE OF LOBBYING ACTIVITIESCONCONTINUATION SHEET

Continuation of l0 a-b: additional sheets may be added if necessary

Reporting Entity:

Last Name

,/

First Name MI

zipCityAddress

Last Name First Name MI

Address City zip


Address City 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 ReproductionStandard Form - LLL-A

zip

Disclosure of Lobbying Activities - CaIEMA 2-232 (Revised 2l1IZOO9)


Approved by OMB 0348-0046

INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISGLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federalrecipient, 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 agreementto make payment to any lobbying entity for influencing or attempting to influence an ofücer or employeeof any agency, a Member of Congress, an officer or employee of Congress, or an employee of aMember of Congress in connection with a covered Federal action. Use the SF-LLL-A ContinuationSheet for additional information if the space on the form is inadequate. Complete all items that apply forboth the initial filing and material change report. Refer to the implementìng guidance published by theOffice of Management and Budget for additional information.

1. ldentiff the type of covered Federal action for which lobbying activity is and/or has been securedto influence the outcome of a covered Federal action.

2. ldentiff the status of the covered Federal action.

3. ldentiff the appropriate classification of this report. lf this is a follow-up report caused by amaterial change to the information previously reported, enter the year and quarter in which thechange occurred. Enter the date of the last previously submitted report by this reporting entityfor this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. lncludeCongressional District, if known. Check the appropriate classification of the reporting entíty thatdesignates if it is, or expects to be, a prime or sub-award recipient. ldentify the tier of thesubawardee, e.9., the first subawardee of the prime is the 1st tier. Subawards include but arenot limited to subcontracts, subgrants and contract awards under grants.

5. lf the organization filing the report in item 4 checks "Subawardee," then enter the fufl name,address, city, state and zip code of the prime Federal recipient. lnclude Congressional District, ifknown.

6. Enter the name of the Federal agency making the award or loan commitment. lnclude at leastone organizational level below agency name, if known. For example, Department ofTransportatíon, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item l). lfknown, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,cooperative agreements, loans, and loan commitments.

B. Enter the most appropriate Federal identifying number available for the Federal action identifiedin item 1 (e.9., Request for Proposal (RFP) number; lnvitation for Bíd (lFB) number; sub-grantannouncement number; the contract, subgrant, or loan award number; the application/proposalcontrol number assigned by the Federal agency). lncfude prefixes, e.g.,"RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by theFederal agency, enter the Federal amount of the award/loan commitment for the prime entityidentified in item 4 o¡ 5.

Disclosure of Lobbying Activities - CaIEMA 2-232 (RevÍsed 2l1l201g)


CalEMA2-232Approved by OMB 0348-0046

1 0. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by thereporting entity identified in ítem 4 to influence the covered Federal action.(b.) Enter the full names of the individual(s) performing services, and include full address ifdifferent from 10 (a). Enter Last Name, First Name, and Middle lnitial (Ml).

1 1. Enter the amount of compensatÍon paid or reasonably expected to be paid by the reporting entity(item 4) to the lobbying entity (item 10). lndicate whether the payment has been made (actual)or will be made (planned). Check all boxes that apply. lf this is a material change report, enterthe cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. lf 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. lf other, speciff nature.

14. Provide a specific and detaiÌed description of the services that the lobbyíst has performed, or willbe expected to perform, and the date(s) of any services rendered. lnclude all preparatory andrelated activity, not just tíme spent in actual contact with Federal officials. ldentify the Federalofficial(s) or employee(s) contacted or the offlcer(s), employee(s), or Membe(s) of Congressthat were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.

16. The certÍffing official shall sign and date the form, print his/her name, title, and telephonenumber.

Public reporting burden for this collection of information is estimated to average 30 minutes perresponse, including time for reviewing instructions, searching existing data sources, gathering andmaintaining the data needed, and completing and reviewing the collection of information. Sendcomments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing, this burden, to the Offtce of Management and Budget,Paperwork Reduction Project (0348-0046), tr ashington, D.C. 20503.

Disclosure of Lobbying Activities - CaIEMA 2-232 (Revised 2l1l2OOg)


EXHIBIT B

CERTI FICAT¡ON REGARDI NGDEBARMENT, 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 124 Section 24.510, Participants'responsibílitíes.

(READ ATTACHED TNSTRUCTTONS FOR CERTIF|CAT|ON BEFOREcoMPLETTNG)

1. The prospectÍve recipient of Federal assistance funds certifies that neither itnor its principals are presently debarred, suspended, proposed fordebarrnent, declared ineligible, or voluntarily excluded from participation inthis transaction by any Federal departrnent or agency.

2. Where the prospective recipient of Federal assistance funds is unable tocertify to any of the statements in this certification, such prospectiveparticipant shall attach an explanation to this proposal.

AGREEMENT NUMBER

CO NTRACTO FI/BO R ROW E R/AG E NCY

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE


1.

2.

INSTRUCTIONS FOB CERT¡FICATION

By signing and submitting this document, the prospective recipient of Federal assistanceis providing the certification as set out below.

The certification in this clause is a material representation of fact upon which reliancewas placed when this transaction was entered into. lf tit is later determíned that heprospective recipient of Federal assistance funds knowingly rendered an erroneouscertification, in addition to other remedies available to the Federal Government, thedepartment or agency with which this transaction originated may pursue availableremedies, including suspension and/or debarment.

The prospective recipient of Federal assistance funds shall provide immediate writtennotice to the person to which this agreement is entered, if at any time the prospectiverecipient of Federal assistance funds learns that its certification was erroneous, whensubmitted or has become erroneous by reason of changed circumstances.

The terms "covered transaction," "debarred," "suspeJ'ìded," "ineligible," "lower tiercovered transaction," "participant," "person," " primary covered transaction,"'principal,""proposal," and'Voluntarily excluded," as used in this clause, have the meanings set outin the Definitions and Coverage sections of rules implementing Executive Order 12549.

The prospective recipient of Federal assistance funds agrees by submitting this proposalthat, should the proposed covered transact¡on be entered into, it shall not knowinglyenter 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.

The prospective recipient of Federal assistance funds further agrees by submitting thisproposal that it will include the clause titled "Certification Regarding Debarment,Suspensíon, lneligibility and Voluntary Exclusion Lower Tier Covered Transactions,"without modification, in all lower tier covered transactions and in all solicitations for lowertier covered transactions,

A participant in a covered transaction may rely upon a certification of a prospectiveparticipant in a lower tier covered transactíon, unless it knows that the certification iserroneous. A participant may decide the method and frequency by whích it determinesthe eligibility of its principals. Each participant may, but is not required to, check the Listof Parties Excluded from Procurement or Non Procurement Proqrams.

Nothing contaíned ín the foregoing shall be construed to require establishment of asystem of records in order to render ín good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which isnormally possessed by a prudent person in the ordinary course of business dealings-

Except for transactions authorized under Paragraph 5 of these instructions, if aparticipant in a covered transaction knowingly enters into a lower tier coveredtransaction with a person who is suspended, debarred, ineligible, or voluntary excludedform participation in this transaction, in addition to other remedies available to theFederal Government, the department or agency with which this transaction originatedmay pursue available remedies, including suspension and/or debarment.

3.

4.

5.

7.

L


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 StateEmployment Development Department (EDD) Directíve No. D907 by:

1. Publishing a statement notifying employees that the unlawful manufacture, dislribution,dispensing, possession or use of a controlled substance is prohibited in the Contractor'sworkplace and specifying the actions that will be taken against employees for víolation ofsuch 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 maintaÍnÍng a drug-free workplace;c. Any available drug counseling, rehabilitatíon and employee assistance programs; andd. The penalties that may be imposed upon employees for drug abuse violations occurring

in the workplace.

3. Making il a requirement that each employee to be engaged in the performance of thisprogram 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 ofemployment under this program, the employee will:a. Abide by the terms of the statement, andb. 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 anemployee or otherwise receiving actual notice of such conviction.

6. Taking one of the following actions, within 30 days of receiving notice under subparagraph4.b. wlth respect to any employee who is so convicted by taking appropriate personnel actionagainst such an employee, up to and including termination.

7. Making a good faith effort to continue to maintain a drug-free workplace throughimplementation of the provision of this certification.

CONTRACTOH/AGENCY

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE OF AUTHORIZED REPRESENTATIVE

DATE


EXHIBIT D

California Emergency Management Agency

FY09 Grant Assarønces(AII HSGP Applicants)

Name of Applicant:

Address:

City: Zip Code:

Telephone Number:

E-Mail Address:

Fax Number:

As the duly authorized representative of the applicant, I certiff that the applicant named above:

L Has the legal authority to apply for Federal assistance and has the institutional, managerial andfinancial capabilþ to ensure proper planning, management and completion of the grant providedby the U.S, Department of Homeland Security (DHS)Æederal Emergency Management Agency(FEMA) and sub-granted through the State of Califomia, Califomia Emergency ManagementAgency (Cal EMA).

2. Will assure that grant funds are used for allowable, fair, andreasonable costs only and will notbe transferred between programs (State Homeland Security Program, Urban Area SecurityInitiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years.

3. Will comply with any cost sharing commitments included in the FY09 hvestment Justificationssubmitted ro DHSÆEMA/CaI EMA, where applicable.

4. Will give the Federal government, the General Accounting Office, the Comptroller General ofthe United States, the State of California, tbrough any authorized representative, access to, andthe rigþt 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 accountingstandards andy'or awarding agency di¡ectives.

5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support thedevelopment of a statewide fusion process that corresponds with the Global JusticeÆIomelandSecurity Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baselinelevel of capability as defined by the Fusion Capability Planning Tool.

6- Will provide progress reports, and othe¡ such information as may be required by the awardingagency, including the Initial Strategy hnplementation Plan (ISP) within 45 (forty-five) days ofthe award, and update via fhe Grant Reporting Tool (GRT) twice each year.

7. Will initiate and complete the work within the applicable time frame after receipt of approvalfrom Cal EMA.

Page 1 Initials


8.

9.

10.

Will maintain procedures to minimize the time elapsing between the award of funds and thedisbursement of funds.

Will comply with all provisions of DHSÆEMA's codified regulation 44, includin gPart 13 ,Uniform Administrative Requirements for Grants and Cooperative Agreements to St¿te andLocal Govenments, including the payment of interest earned on advances.

Will est¿blish safeguards to prohibit employees from using their positions for a purpose thatconstitutes, or presents the appearance of, personal or organizational conflict ofinterest, orpersonal gain for themselves or others, paficularþ those with whom they have family, business,o¡ other ties.

Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgranteesshall use small, minority, women-oìilned, or disadvantaged business concerns and contractors orsubcontractors to the extent practicable.

Will notiff Cal EMA of any developments that have a significant impact on award-supportedactivities, including changes to key program staff.

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 ofresidence structures.

Understands and agrees that Federal funds will not be used, directly or indirectþ, to support theenactment, repeal, modification or adoption of any law, regulation, or polic¡ at arry level ofgovernment, without the express prior written approval from DHS/FEMA/CaI EMA.

Will comply with all Federal Statues relating to Civil Rights and Nondiscrimination. Theseinclude, but are not limited to:

a.- Title VI of the Civil Rights Act of 1964 (P.L.88-352), as amended, which prohibitsdiscrimination on the basis of race, color or national orign.

b. Title D( of the Education Amendments of 19'72, as amended (20 U.S.C. g$ 1681-16S3and 1685-1686), which prohibits discrimination on the basis of gender.

c, section 504 of the Rehabilitation Acr of 1973, as amended (29 u.s.c. $ 794), whichprohibits discrimination on the basis of handicaps.

d. The Age Discrimination Act of 1975, as amended (42 u.s.c. $$ 6101-6107), whichprohibits discrimination on the basis of age.

e. The Drug Abuse Office and Treatment Act of 1972 (P.L.92-255), as amended, relating tonondiscrimination on the basis of drug abuse.

f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment andRehabilitation Act of 1970 (P.L. 91-61ó), as amended, relating to nondiscrimination onthe basis of alcohol abuse or alcoholism.

g. $$ 523 and 527 of the Public Health Service Act of l9l2 (42 U.S.C. 290 dd-3 and290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records.

h. Title VtrI of the Civil Rights Act of 1968 (42 U,S.C. g 3601 et seq.), as amended, relatingto nondiscrimination in the sale, rental or financing of housing.

i. Title 44 code of Federal Regulations (cFR) Parts7,16, and 19 relating tonondiscrimination.

11.

12.

l3

14.

l5

Page2 Initials


16.

j. The requirements on any other nondiscrimination provisions in the specific statute(s)under which the application for Federal assistance is being made.

k. Will, in the event that a Federal or State court or Federal or State administrative agencymakes a hnding of discrimination after a due process hearing on the grounds or race,color, religion, national origin, gender, or disability against a recipient of funds, therecipient will forward a copy of the finding to the Offrce of Civil Rights, Office of JusticePrograms.

1. Will provide an Equal Employrnent Opporhrnity Plan, if applicable, to the Deparfment ofJustice Ofhce of Civil Rights within 60 days of grant award.

m. 'Wil1 comply, and assure the compliance of all its subgrantees and contractors, with thenondiscrimination requirements and all other provisions of the current edition of theOffice of Justice Programs Financial and Administrative Guide for Grants, M7 100. I ,

Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance andReal Property Acquisition Policies Act of 1970 (42 U.S.C. $ 4601 et seq. lP.L.9I-6461) whichprovides for fair and equitable treatrnent of persons displaced or whose property is acquired as aresult of Federal or Federally assisted progrcms. These requirements apply to all interested inreal property acquired for project purposes regardless of Federal participation in purchases. Willalso comply with Title 44 CFR, Part25, Uniform Relocation Assistance and Real PropertyAcquisition for Federal and Federally-assisted pro grams.

Will comply, if applicable, with the flood insurance pwchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a specialflood hazard area to participate in the program and to purchase flood insurance if the total cost ofinsurable construction and acquisition is ten thousand dollars ($10,000) or more.

WiIl comply with all applicable Federal, State, and Local environmental and historicalpreservation (EHP) requirements. Failtue to meet Federal, State, and Local EHP requirementsand obtain applicable permits may jeopardize Federal funding. Will comply with all conditionsplaced on any project as the result of the EHP review; any change to the scope of work of aproject will require reevaluation of compliance with these EHP requirements.

Agrees not to undertake any project having the potential to impact the EHP resources without theprior written approval of DHS/FEMA/CaI EMA, including, but not limited to, cornmu¡icationstowets, physical security enhancements, ne\ry construction and modifications to buildings that arefifty (50) years old or more. Any construction related activities initiated prior to full EHP reviewwill result in a noncompliance finding. If ground-disturbing activities occur during the projectimplementation, the recipient must ensure monitoring of the distübance. If any potentialarcheological resources are discovered, the recipient will immediately cease activity in that areaand noti$r DHSIFEMA/CaI EMA and the appropriate State Historic Preservation Ofhce.

Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized inthe accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)List of Violating Facilities, and will notiff Cal EMA and the Federal Grantor agency of thereceipt of any communication from the Director of the EPA Office of Federal Activitiesindicating if a facility to be used in the project is under consideration for listing by the EPA,

t7.

t8.

I9

20.

Page3 Initials


21. Will provide any information requested by DHSÆEMA/CaI EMA to ensure compliance withapplicable laws, including the following:

a. I¡stitution of environmental quality control measures trnder the National EnvironmentalPolicy Act, National Historical Preservation Act, Archaeological and HistoricPreservation Act, Endangered Species Act, and Executive Orders on Floodplaìns(11988), Wetlands (11990) and Environmental Justice (8012898) and Environmental

Quality (8O11s14).b. Notification of violating facilities pursuant to EO 11738.c. Assurance of project consistency with the approved state management progæm

developed under the Coastal ZoneManagement Act of 1972 (16 U.S.C. $$ 1451 et seq.).d. Conformity of Federal actions to State (Clean Air) únplementation Plans undü Section

I76(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. Califomia Code of Regulations, Title 14, Chapter 3 Section15000-1s007.

g, Wild and Scenic Rivers Act of 1968 (16 U.S.C. $S 1271 et.seq.) related to protectingcomponents or potential components of the national wild and scenic rivers system.

h. Applicable provisions of the Coastal Barrier Resources Act @.L. 97 -348) dated October79, 1,982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federalfunds within the units of the Coastai Barrier Resources System.

22. Will comply with Standardized Emergency Management System (SEMS) requirements as statedin the California Emergency Services Act, Govemment Code, Chapter 7 of Division 1 of Title 2,Section 8607.1(e) and CCR Title 19, Sections 2445,2446,2447, and2448.

23. Agrees that all publications created or published with funding under this grant shall prominentlycontain the following statement: "This document was prepared under a grantfrom FEMA'sGrant Programs Directorate, U.S. Department of Homeland Security. Points ofview or opinionsexpressed in this document qre those of the authors and do not necessarily represent the fficialposition or policies of FEfuIA's Grant Programs Directorate or the U.S. Department ofHomeland Security. " The recipient also agrees that, when practicable, any equipment purchasedwith grant funding shall be prominently marked as follows: "Purchased withfunds provided bythe U.S. Department of Homeland Security."

24. Acknowledges that DHSÆEMA reserves a royalty-free, nonexclusive, and irrevocable license toreproduce, publish, or otherw'ise use, and atthorize others to use, for Federal govemmentpurposes: a) the copyright in any work developed under an award or sub-award; and b) any rightsof copyright to which a recipient or sub-recipient purchases ownership with Federal support.

25. The recipient agrees to consult with DHSÆEMA/CaI EMA regarding the allocation of any patentrights that arise from, or are purchased with, this frrnding.

26. Has requested through the State of Califomia, Federal financial assistance to be used to performeligible work approved in the submiued application for Federal assistance and after the receipt ofFede¡al ftnancial assistance, through the State of Califomia, agrees to the following:

ù. Promptly retum to the State of California all the frnds received which exceed theapproved, actual expenditures as accepted by the Federal or State government.

Page 4


27

28.

29

30.

31.

32.

b. In the event the approved amount of the grant is reduced, the reimbursement applicable tothe amount of the reduction will be promptly refrrnded to the State of California,

c. Separately account fo¡ interest earned on grant funds, and will retum all interest earned,in excess of $100 per Federal Fiscal Year.

'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 nineteenstatutes or regulations specified in Appendix A of OPM's Standards for a Merit System ofPersonnel Administration (5 C.F.R. 900, Subpart F).

Will complywithprovisions of the HatchAct (5 U,S.C. Sections 1501-1508 and,7324-7328)which limit the political activities of employees whose principal employment activities a¡efi¡nded in whole or in part with Federal funds.

Will comply, if applicable, with P-L. 93-348 regarding the protection of human subjects involvedin research, development, and related activities supported by this award of assistance.

'Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P, L.89-544, as

amended, 7 U.S.C. 2l3l et seq.) pertaining to the care, handling, and treatment of warm bloodedanimals held for research, teaching, or other activities supported by this awa¡d of assistance.

Will comply with the minimum wage and maximum hour provisions of the Federal Fair LaborStandards ActQ9 U,S.C. 201), as they apply to employees of institutions of higher education,hospitals, a¡d other non-profit organizations.

Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. SecTion2T6ato 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and theContract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding laborstandards for Federally assisted construction sub-agreements.

Agrees that:a. No Federal appropriated frmds 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 oremployee of any agency, a Member of Congress, an officer or employee of Congress, oran employee of aMember of Congress in connection with the making of any Federalgrant, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal gtant or cooperative agreement.

b. If any other firnds than Federal appropriated funds have been paid or will be paid to anyperson for influencing or attempting to influence an officer or employee of any agency) aMember of Congress, an officer or an employee of Congress, or employee of a Memberof Congress in connection with the Federal grant or cooperative agreement, theundersigned shall complete and submit Standard Form LLL, "Disclosure of LobbyingActivities," in accordance with its instructions.

c. The undersigned shall require that the language of this certifrcation be included in theaward documents for all sub awards at all tiers including subgrants, contracts undergrants and cooperative agreements, and subcontract(s) and that all sub recipients shallcertifiT and disclose accordingly.

d. This certification is a material representation of fact upon which reliance was placedwhen this transaction was made or entered into. Submission of this certification is a

33.

Page 5 Initials


34.

prerequisite for making or entering into this transaction imposed by section 1352,Title31, U.S. Code. Any person who fails to file the required certification shall be subject to acivil penalty of not less than $10,000 and not more than $100,000 for each such failure,

Agrees that equipment acquired or obtained with grant funds:a. Will be made available pursuant to applicable terms of the Califomia Disaster and Civil

Defense Master Mutual Aid Agreement in consultation with representatives of thevarious fire, emergency medical, hazardous materials response services, and lawenforcement agencies within the jurisdiction of the applicant, and deployed withpersonnel trained in the use of such equipment in a manner consistent with the CalifomiaLaw Enforcement Mutual Aid Plan or the Califomia Fire Services and Rescue MutualAid Plan.

b. Is consistent'¿vith needs as identified in the State Homeland Security Strategy and will bedeployed in conformance with that Strategy.

Agrees that firnds awarded under this grant will be used to supplement existing funds forprogam activities, and will not supplant (replace) non-Federal firnds.

Will comply with all applicable Federal statutes, regulations, policies, guidelines andrequirements, including OMB Circula¡s 4102 and A-133, 8.O.12372 and the currentAdminist¡ative Requirements, Cost Principles, and Audit Requirements.

Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990.

Agrees to cooperate with any assessments, national evaluation efforts, or information or datacollection requests, including, but not limited to, the provision of any information required forthe assessment or evaluation of any activities within this agreement.

Will comply with all provisions of 2 CFR" including: Part215 Uniforrn AdministrativeRequirements for Grants and Agreements with Institutions of Higher Education, Hospitals, andOther Non-Profit Organizations (OIvIB Circular A-110); Part225 Cost Principles for-State, Localand Indian Tribal Govemments (OMB Circular A-S7); Part220 Cost PrincipGs for EducationaiInstitutions (OMB Circular A-21);Part230 Cost Principles forNon-Profit Organizations (OMBCircular A-I22).

Will comply with Federal Acquisition Regulations (FAR), part3t.2 Contract Cost Principles andProcedures, Contracts with Commercial Organizations.

Will comply with the financial and administrative requirements set forth in the current edition ofthe Office of Justice Programs (OJP) Financial Guide and the current DHS FinancialManagement Guide.

Agrees that all allocations and use of fu¡ds under this grant will be in accordance with the Fy2009 Homeland Securify Grant Program Guidance and Application Kit, a¡d the CaliforniaSupplement to the FY 2009 Homeland Security Grant program Guidance and Application Kit.All allocations and use of f,mds under this grant wilt be in accordance with the Ãtlocations, anduse of gtant frrnding must support the goals and objectives included in the State and/ot UrbanArea Homeland Security Shategies as well as the investments identified in the InvestmentJustifications which were submitted as part of the Califonria FY}O}} Homeland Security Grant

35.

36.

37.

38.

40.

41.

39

42.

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43.

44.

Program application. Fufher, use of FY09 funds is limited to those investments included in theCalifornia FY09 Investment Justifications submitted to DHSÆEMA/CaI EMA and evaluatedtbrot'gh the peer review process.

Will not make any award or permit any award (subgrant or contract) to any party which isdebarred or suspended or is otherwise excluded from or ineligible for participation in Federalassistance programs under Executive Oñer 72549 and 12689, "Debarment and Suspension".

As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFRPart 17, for prospective participants in primary covered transactions,

a. The applicant certifies that it and its principals:i. Are not presentþ debarred, suspended, proposed for debarment, declared

ineligible, sentenced to a denial of Federal benef,rts by a State or Federal couf, orvoluntarily excluded from covered transactions by any Federal department oragency.

ii. Have not within a tbree-year period preceding this application been convicted ofor had a civil judgment rendered against them for commission of fraud or acriminal offense in connection with obtaining, attempting to obtain, or performinga public (Federal, State, or local) tra:rsaction or contract under a publictransaction; violation of Federal or State antifust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property.

iii. Are not presently indicted for or otherwise criminally or civilly charged by agovernmental entity (Federal, State, or local) with commission of any of theoffenses enumerated in paragraph (l)ft) of this certification; and have not withina three-year period preceding this application had one or more public transactions(Federal, State, or local) terminated for cause or default; and

b. lVhere the applicant is unable to certiSr to any of the statements in this certification, he orshe shall attach an explanation to this application.

45. Agrees to comply with the Drug-Free Worþlace Act of 1988, and certifies that it will or willcontinue to provide a drug-free worþlace by

a. Publishing a statement notiffing employees that the unlawful manufachre, distribution,dispensing, possession, or use of a confrolled substance is prohibited in the grantee'sworþlace aad specifying the actions that will be taken against employees for violation ofsuch prohibition.

b. Establishing an on-going drug-free awareness program to inform employees about:i. The dangers of drug abuse in the worþlace;ii. The grantee's policy of maintaining a drug-free worþlace;iii. Any available drug counseling, rehabilitation, and employee assistance programs;

andiv. The penalties thatmay be imposed upon employees for drug abuse violations

occurring in the worþlace.c. Making it a requirement that each employee to be engaged in the performance of the

grant be given a copy of the statement required by paragraph (a).

d. Notiffing the employee in the statement required by paragraph (a) that, as a condition ofemployment under the grant, the employee will

i. Abide by the terms of the statement; and

Page 7


ii. Notify the employer in writing of his or her conviction for a violation of acriminal drug statute occurring in the worþlace no later than five calendar daysafter such conviction.

e. Notiffing the agency, in writing, within 10 calendar days after receiving notice undersubparagraph (dX2) from an employee or otherwise receiving actual notice of suchconviction. Employers of convicted employees must provide notice, including positiontitle, to:

Department of Justice, Office of Justice ProgramsATTN: Control Desk633 Indiana Avenue, N.W.Washington , D.C. 20531,

Notice shall include the identification number(s) of each affected grant.f. Taking one of the following actions, within 30 calendar days of receiving notice under

subparagraph (dX2), with respect to any employee who is so convicted.i. Taking appropriate personnel action against such an employee, up to and

including terrnination, consistent with the requirements of the Rehabilit¿tion Actof 1973, as amended; or

ii. Requiring such employee to participate satisfactorily in a drug abuse assistance orrehabilitation program approved for such purposes by a Federal, State, or localhealth, law enforcemen! or other appropnate agency.

g. Making a good faith effort to continue to maintain a drug-free worþlace throughimplementation of paragraphs (a), (b), (c), (d), (e), and (f).

Will comply with all applicable requirements of all other Federal laws, executive orders,regulations, program and administrative requirements, policies and any other requirementsgoverning this program,

Understands that failure to comply with any of the above assurances may result in suspension,temlination, or reduction of grant fi.rnds.

The undersigned represents that helshe is authorized by the above named applicant to enter into thisagreement for and on behalf of the said applicant.

Signatwe of Authorized Agent:

46.

47.

Printed Name of Authorized Agent:

Title: Date:

Page 8 Initials


ARNoLD SCHWARZENEGGER

GovERNoR

MATTIJEW R. BETTENÈIAUSENSECRETARY

EXHIBIT E3650 SCHRTEVERAVENUE

MATHER, CA 95655

PHoNE (9 I 6) 84s-85 I 0

FAr.(916)324-s902

Car.rnon¡{r¿ EnroRcnÑcv MaNacEMENT' AcnncvGnaNrs M¿¡lacrurNr Dn¡rslolc

July 16,2010

Ms. Calol KindlerCounty of Los Angeles500 W. Teruple Dlive, Room 754Los Angeles, CA 90012

Subject: NOTIFICATIONOFCONDITIONÄLHOLDFJMOVALFY2009 Horueland Security Grant Prograrn CIISGP)Grant #2009-0019, Cal EMA ID# 037-00000

Dear Ms. Kindler:

The Califomia Eruergency Manageruent Ageucy (Cal EMA) has rouroved the "Conditional Hold" plaoed or yourFY2009 Ilorneland Security Graat Program (HSGP) award and created perfonuance milestones for the followingprojects:

Pe¡formance Milestouesl Ämount Completion DateB LARICS PÍ.ANNI'TGC Irüenop Coþß,r EeuptuæNrD INFO SIIARING EQUIPMENID TLOTn¡¡¡mroE ClBeurlvrelrrE CITRA${I']GF CBRNEBQUII¡Æ}.rTF CBRNETRáNI.{GF CBRNEPLANN!.TGG MMRSEQUTPÀ,GNT

. H RTTACEQI]IPMENT

$2,500,000$1,000,000$1,000,000$ 200,000$ 50o,oo0$ 300,000

$1,250,000$ 300,000

$ 200,000

$ 300,000$ 250,000

08i3 i/i l08/3 1/r I08/3 r/1 1

08/3 1/1 1

08/31/t708/3 1/1 1

08/3 l/1 I08137111

08/3 1/1 l08l31ltr08i3 1/1 1

Additionally, Aviatior/Watercraft requests, EstabüshÆnhiruce Emergency Operatious Ceuter @OC) projects,projects requiring EHP ¡eview at FEMA/DHS aud sole source procurçment requests will require additionalapprovals from Cal Elv{A. For that ¡eason Project(s) A, C, D, E, F, G, aod H are not approved at this time, pendingreceipt of required supplemental docuuentation and/or approval Aom FEMA/DHS. Subgrantees must obtainwritten approval for these activities prior to inourring any costs, in o¡der to be ¡eimbu¡sed for any related costsunder this grant. Subgrantees are required to obtain a performance bond for any equipment iteur over $250,000, orany vehicle, aviation, or watercraft (regardless of the cost) fi¡anced with homeland secwity doilars.

For frrrther assistance, please iontact your CaI EMA luterim Program Representative, Leo LaMattin4 in the GrantsManagement Division at leo.laur¿ttina@calema, ca. gov ot 9 | 6 -324- 63 47,

Thank you for your work in protecting Califoraia. We look forwa¡d to yow coutinued collaboration towards our'homeland security strategy and apprecíate your cooperation and support,

Sincerely,-be".er_qJà_Åg,"-_

Ursu]a Harelsou, ChiefHomeland Security Graots Section


2OO9 SHSGP PROJECT FUNDIN('DISTRIBUTION

Grand Total

Culvêr Citu 24.803

Gltles/OtherlDepartm€nt3

El Monte 295,000

El Seoundo

öuÞtolal uounryDepartrnenls 14,847,038

Grand Total 22,448,884


EXHIBIT F

PART VIII.

OTHER INFORMATION _ HSGP ALLOWABLECOSTS

FY 2009 Allowable Gost Matrix

Allowable Prog ram Activities

Current as of FY 2009 Programs*

See the respectíve program guidance for additional details and/orrequirements

.As of Publication

Allowable Orga nizational ActivitiesReimbursement for select operational expenses associated wlthincreased security measures at critical infrastructure sites incurredduring periods of DHS-declared alert (up to 50 percent of the

63


Allowable Program Activíties

Current as of FY 2009 Programs*

See the respective program guidance for additional details and/orrequirements

.As of Publication

HSGP

g ç =

o ñ4ùã ç f: ..-

Hiring of new staff positions/contractors/consultants for participation ininformation/intelligence analysis and sharing groups or fusion centeractivities (up to 50 percent of the allocation)

Allowable Equipment Categories

Allowable Training Costs

64


Allowable Program Activities

Current as of FY 2009 Programs* FEMA

See the respective program guidance for additional details and/orrequirements

*As of Publication

HSGP

aF=¡-

4 E ã i É:tl

Allowable Exercise Related Costs

Allowable Management & Administrative Costs

65


EXHIBIT G2OO9 HOMELAND SECURITY GRANT REIMBURSEMENT FORM

AWARD NUMBER: 2OO9 - OO19

PERFoRMANCE PERIOD: t0l0LlZoÙe - 04130|20tz

Chief Executive Office/County Disaster Administrative Team

COUNTY OF tOS ANGELES

ThankyouforparticipatingintheHomelandSecurityGrantProgram. lnordertocompleteyourclaim,pleasefollowthechecklistonthefirsttab ofthis workbook and attach the required supporting documents for all items for which you are requesting reimbursement.

PIeose submit invoices to Shoted 5e¡vices Division as soon os expenses ore incurred ond the required involce and othet support¡ng

documentøtionisovoiloble. DoNOTaccumulateandsubmitall claimsandinvoicesonthefinal duedate, Failuretosubmityourclaiminatimely manner with the required supporting documents could result in unreimburseable expenses and/or reallocated awards.

I-I

TAXPAYER IDS

MAKE CHECKS PAYABTE TO:

MAITIN6 ADORESS

cÍv,¿tP

Th¡s claim is in all respecttrue, correct, ano all expenditures were made ìn accordancew¡th appl¡cable laws, rules, regulatÌons and grent conditìons and assurances,

Homeland 5ecuriÇ Grant Progrem

Regional Terrorism Threat Ass€'sm€nt Center

Metropolitan Medical Response Syrtem

HSGP

RTTAC

MMRS

E-mail

Please fax reimbursement requests

to: SHARED SERVICES DIVISION

Attn: GRANTS UNIT

Fax (2L3) 947-5809

lnvoice NumberProject fr

(e.c,, 41C)

SûlUTlON ÁBfA (Esulpmenl,

Tralnlng, Plannl ng, Ëxerclsal TOTAL BY FUNDING SOURCE TOTAL

ct¡rMHSGP RTTAC MMRS

0.00

0.00

0.00

0.fi)

0.00

0.00

0.00

TOTATS 00c 000 0.00 00(


D

!

tr

REQUIRED SUPPORTING DOCUMENTSFOR CLAIM REIMBURSEMENT

Grant Reímbursement Form with authorized signattlre and date

tnvo¡ce: Must be stamped or wrìte ,,PAlD", signed w¡th authorized signature tor paymenl, and dated, C¡rcle, or designate on the

ìivãiãJreceiptthe1ernsrequestingreimbursement.Eachitemc¡rcledmusthaveaproject#,afund¡ngSoURcE,andTOTAL Purchase

orders and price quotes w¡ll not be accepted as proof of purchase for rejmbursement

Purchase Method¡ Competitive bid f] Sole Source (Prior State approval ettached)

lnvo¡ce NO.:

benefils rate, total claim amounl.r For TrainÌng - Training Req uest# is required. For ptanning - submit pfoof of products produced (i e mutual aid agreements, assessmenls, etc )

.ForExercise-proof ofAARsubmíssionandStateapproval SubmltMRintotheODPPortal w¡thln60daysfoliowingthecompletron

of the event

Roster, Fill out a Tra¡ning or Planning or Exercise Roster whichever is applicable to this claim'

Timecards: indicating the # of hours charged per day, employee slgnature & supervisor signature

Pavroll reoister ¡nd¡cating the salary, hourly rate, employee benefits, Overi¡me rate.

Siqn-in sheets o¡-attendance sheets or Cedifícalê of Completion (if clarming for Beckflll and/or ovedime); il' sign-in sheeis or certificates

"o not

"*¡f"ole, trainees should prov¡de their your own proof of attendance by completlng lhe¡l ou/n sign-in sheet and have the Trainer sign

lhe sheet ¡ndtcat¡nq proof of attendañce.

Add¡tlonal items:

Travel -Receipts äre requifed for ¡temized costs such as plane tickevinvoice, hotel invoices and training receipls with the dates of invoices

agreeing w¡th the tra¡n¡ng and exercise pe¡-iod

Workshop -lnvoices lor instructor, facilities, contractor and consulting servtces

FOR EOUIPMENT:

Equ¡pment lnventorv Ledqer, completed ihe lisling witn all requested information, including: Project # & alpha Equipmênt Descnpl¡on'

¡ ÃËl-î, nff--f,tf", fnuo]ãl,-vendor, Total cosl, cash Request #, lnvoice Date, AcqLi¡red Date, Seriaì #/ lD Tag #' Cond¡t¡on and

Disposition, Deploy--d Localion and Granl Year u¡ut¡bb, us

FOR TRAINING/EXERCISE/PLANNf NG:

rr Tralnln4f¡9pi¡9 Summarv compìeted listing including: employee name, assignment (backflll fcr name ol employee ettend¡ng

" tt"¡ninõFe"ercne)JoiTälãÍrlnlngRequest#,Train¡ngdate,salary,total Hours,Overlimehours,regulatrate,Overtimerate,employee

n

tr

¡¡

,AUTHORIZEO SIGNATURE / DATE

Und€r Penaity of Pe4ury | cerlrfy that:. I am the duly authorized otficer of the claimant h8re n

- This cla¡m is in a¡l raspecl {rue, coriact, énd all exp€nd¡tures w€le made.

in êccorcjance w¡th app¡icable laws, tules, regulatpns and grant ændil¡onsend âssurances

rnE

0epartrnent 0l Auditor-Conrollersh¡rod S€rvlces Dlvii¡ion

Aün: Grants unit3470 Wlshke Blvd., Sulte 1100

Los Ang€|e8, CA €0010Ter# (2 1 3)251 -6048; (21 31261{000

Fax # (213)047-5809

l5,' To proc€ss yor.,r re¡mÞúrssmant roquost, you must rubmit this ôheckllsl altachod wìlh tho suppol¡ßg docum€nts for all ¡tl

Ielmbr¡semenl. lûvoicèS musl þe euUrnltteO iO SnereC SeNícag Dlv¡Slon aS 6000 es exp6nges are incufred End pâid, and

ld Jupporting documentát¡oDs sre avallâble. Do NOT accumulato ali daims and lnvoic€g lo subm¡t on the lrn¿l 0u€ date Farlurë

submii youriteim with the roquircd supportinfl dooum€nls could rosult in srponses not re¡mÞur6ed and/or awards reallocaÞd

. Review the Federal Debarment Listing p¡ioi to purchaee to ensurê tha intendÊd r8ndof is not lisled. Provide a scfeen pr¡nl show¡ng that

the listinq was queried when submittlng the supporting documentaÜon,

. A{l Sole Source contrâcts must obtÊin approval from the State prior to purchâsing of ltems- Evidence of Stâle approvsl t¿qulred

'AUTHORIZED SIGNER NAME/TITLE


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