Baldwin Park City Council
December 21, 2022

(Use of City Bond Form is required)
21st
December
649,726.51

STANCE CONSTRUCTION COMPANY
C-18

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of ____________________, 2022.

(Corporate Seal) ________________________________________________ Principal

By______________________________________________

Title

(Corporate Seal) ________________________________________________ Surety

By______________________________________________

Title

APPROVED AS TO FORM:

_______________________________________________
City Attorney

(Use of City Bond Form is required)

STANCE CONSTRUCTION COMPANY
Tahha Elsherif
President
C-19

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into a contract dated ___________________, 2022, with the City of Baldwin Park (Obligee) referred to and made a part hereof to perform the following work, to wit: The City requires asphalt concrete pavement, sidewalks, cross -gutters, driveways, longitudinal gutters, Sewer and storm drain system, construction surveying & staking and adjusting utility covers to finished grade for PROJECT NO. CIP 22-040, which requires Principal to file this bond to secure claims made under Civil Code Section 3082 et seq.

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Baldwin Park, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_______________________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub-contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub-contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment

therefore, nor by any change or modification of any terms of payment or extension of the time for

(Use of City Bond Form is required)

(Use of City Bond Form is required)

STANCE CONSTRUCTION COMPANY
December 21st

STANCE CONSTRUCTION COMPANY
649,726.51
C-20
any payment pertaining or relating to any scheme of work of improvement, nor by any rescission o r attempted rescission of t he contract, agreement o r bond, nor by any conditions precedent o r subsequent in t he bond attempting to limit t he right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Civil Code Section 3082 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California.

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of _____________________, 2022.

(Corporate Seal) ________________________________________________ Principal

By

Title

(Corporate Seal) ________________________________________________ Surety

By

Title

(California Civil Code Sections 3248, 3225)

APPROVED AS TO FORM:

____________________________________________
City Attorney

STANCE CONSTRUCTION COMPANY
President
C-21

WARRANTY BOND

PUBLIC WORKS

WHEREAS, the City Council of the City of Baldwin Park, State of California, and ________________________________________________, (hereinafter designated as "Principal") have entered into a written contract (the "Contract") dated ________________________ whereby Principal agrees to install and complete The City requires asphalt concrete pavement, sidewalks, cross -gutters, driveways, longitudinal gutters, Sewer and storm drain system, construction surveying & staking and adjusting utility covers to finished grade for PROJECT NO. CIP 22-040, which Contract is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished.

NOW, THEREFORE, we, the Principal and _________________________________________, a corporation organized under the laws of ___________, and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the City of Baldwin Park, (hereinafter called "City"), in the penal sum of ______________________________________Dollars, ($__________________) lawful money of the United States, which is 50% of the amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney=s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it

(Use of City Bond Form is required)

STANCE CONSTRUCTION COMPANY
12/21/2022
C-22

does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS THEREOF, we have hereunto set our hands and seals this _____________________, 2022.
day of

_________________________________________
Principal
By Date
Signature

Title
__________________________________________
Surety
__________________________________________
Address
__________________________________________
Phone Number
By Date
Signature

Title

APPROVED AS TO FORM:

City Attorney

STATE OF CALIFORNIA

COUNTY OF

On before me, , a Notary
Public, personally appeared , personally
known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

NOTARY PUBLIC

(Use of City Bond Form is required)

STANCE CONSTRUCTION COMPANY

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. If a corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.

Business Address:

Telephone Number:

Date:

Print Name:

Principal
Signature:

C-23
5314 Mariner Ln, Chino, CA 91710
909-551-5828
12/21/22
Ahmad Elrabaa

STAFF REPORT
ITEM NO. _______12__________

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Authorize Purchase Orders and Expenditures at The Home Depot, Inc. from Approved Fiscal Year 2022 -23 Funds for Materials and Supplies in Various Maintenance and
Operations Cost Centers Within the Department of Public Works

SUMMARY
This item seeks City Council authorization to expend approved funds for materials and supplies for various maintenance and operations cost centers within street, park, and facility maintenance divisions of the Departments of Public Works. Although, the fun ds for the expenditures were approved and budgeted in the City’s FY2022-23 Operations Budget, the cumulative total amount for the expenditures exceed the yearly spending limitations for a single vendor as set by the City’s purchasing policy. The selected vendor, Home Depot, provided the lowest cost on various items prioritized by each of the department’s divisions. Approval of this item will authorize various purchase orders necessary for much needed materials and supplies through June 30, 2023.

RECOMMENDATION
It is recommended that the City Council:

1. Authorize the expenditure of approved funds in the amount not-to-exceed $35,000 for purchase of materials and supplies from The Home Depot, Inc. through June 30, 2023; and

2. Authorize the Director of Finance to make the necessary budget transfers and adjustments; and

3. Authorize the Public Works Director to prepare and process the necessary purchase order requisitions.

FISCAL IMPACT
There is no impact to the General Fund. The requested funds do not require an appropriation as the funds were approved in the current fiscal year operations budget. The not-to-exceed amount requested is $35,000 and will be encumbered by various Purchase Order requisitions as follows:

No. Description Account No. Amount
1 Small tools and hardware and supplies for fleet
section.
402-50-590-53100-00000 $2,000.00
402-50-590-53100-00000 $2,000.00
2 Supplies for Traffic Sign installations 245-50-550-53100-15622 $5,000.00 3 Materials and supplies for pothole repairs 240-50-551-53100-15705 $5,000.00 4 Specialized spray paints and colored paints 245-50-570-53100-14885 $5,000.00 5 Materials and supplies for irrigation repairs 251-50-571-53100-00000 $6,000.00 6 Materials and supplies for landscape maintenance 251-50-560-53100-00000 $6,000.00 7 Materials and supplies for transit maintenance 254-50-581-53100-15510 $4,000.00 Total $35,000.00

Purchase Order requisitions are included in Attachment 1 to this report.

BACKGROUND
The Department of Public Works Maintenance Division is comprised of 6 different crews. The crews include Streets, Parks, Street Landscape, Traffic control/ Signal, Graf fiti, and Fleet. The Divisions perform variety of tasks including but not limited to repair of park amenities, maintenance of sports fields, street and park lighting and landscape, painting of pavement markings, inspections of city trees, illegal dump and bulky item pickups, maintenance of city vehicles, graffiti removal, variety of street repairs, and other duties.

DISCUSSION
Approval of this item will authorize various purchase orders necessary for much needed materials and supplies through June 30, 2023. The funds available were approved by the City Council as part of the current fiscal year’s budget. Since, the cumulative total amount for the expenditures exceed the yearly spending limitations for a single vendor, staff is required to obtain City Co uncil approval in order to be in compliance with the City’s purchasing policy. The total amounts requested were determined based on averages of previous years and on the amount of available funds in the respective cost centers. The selected vendor, Home De pot, provided the lowest cost on various items prioritized by each of the department’s divisions. The Home Depot Center in Baldwin Park is located at 3200 Puente Avenue and over the years has been providing the necessary tools, landscape supplies, lumber, irrigation parts, plumbing supplies, and electrical components in order for staff to complete maintenance work. Their prices are very competitive, and they offer additional services such as delivery, rental tools, and online shopping which makes it conveni ent when working on urgent maintenance items. This convenience allows the City’s maintenance divisions to be efficient and highly responsive. In situations where staff cannot pick up certain items, they will deliver, and during an emergency the location is optimal to pick up last-minute material or supplies.

ALTERNATIVES
The City Council may choose:

1. Not to approve this item and direct staff to present purchase orders and expenditure request for approval on an as needed basis; however, this action may have a negative impact to maintenance operations in terms of delays and responsiveness to unforeseen situations that may arise.

2. City Council may direct staff with a different alternative.

CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirec t physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutor ily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Purchase Order Requisitions

STAFF REPORT
ITEM NO. ______13___________

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Approval of Construction and Maintenance Agreement (C&M Agreement) with Southern California Regional Rail Authority (SCRRA) Covering the Rail Grade Crossing Improvements at Pacific Avenue and Bogart Avenue

SUMMARY
This report seeks City Council Consideration for entering into a Construction and Maintenance Agreement (CMA) with Southern California Regional Rail Authority (SCRRA) for Rail Crossing Improvements at Pacific Avenue (CIP 20 -31 and CIP No. 20 -35). Improvements at the at -grade crossing will provide safety upgrades for pedestrian and vehicular travelers and will construct necessary improvements to make the crossing ready for future Quiet Zone implementation.

RECOMMENDATION

1. Staff recommends that City Council approve the Construction & Maintenance Agreement with SCRRA covering the cost for construction of railroad improvements on Pacific Avenue between Bogart and Downing Avenue in amount of $3,643,508.00; and

2. Authorize the Mayor and City Clerk to execute the agreement.

FISCAL IMPACT
The approval of this action will have no impact on the City’s General Fund. This project is funded through Caltrans’ Highway Safety Improvement Program (HSIP), Prop C Local Match, First and Last Mile MTA Grant, and Measure M Revenue Bond Funds. The project is included in the current Fiscal Year’s Capital Improvement Program (CIP) approved by City Council on September 1, 2021. The funds available for the project are as follows:

Available Funds Amount Available
CIP No. 20-31 Surface Transportation Program Local Fund (STPL) $700,000.00 Highway Safety Improvement Program (HSIP) $249,992.00
CIP No. 20-35 Measure M Bond Proceeds $1,779,500.00
1st Mile Last Mile (Quad Gates) $300,000.00
Appropriate Measure M Bond Proceeds (Additional Drawdown) $1,459,658.00 Total $4,489,150.00

BACKGROUND
On October 22, 2012, the City of Baldwin Park was awarded a State Highway Safety Improvement Program (HSIP) Grant in the amount of $344,600 to design and construct traffic signal and center median improvements at the intersection of Pacific Avenue and Bogart Avenue.

On March 6, 2013, the City Council approved a consultant services agreement with Evan Brooks and Associates (EBA) for the design and preparation of plans, specifications, and estimate (PS&E) for the traffic signal improvements. During the desig n phase, it was determined that the Southern California Regional Rail Authority (SCRRA Metrolink) would have to be involved in the review process due to the proximity of the project to the railroad right-of-way. After several meetings with Metrolink’s staff, it was

agreed that improvements would have to be made along the railroad right-of-way to comply with certain requirements of SCRRA and CPUC.

On April 15, 2016, the City entered into a Construction and Maintenance Agreement with SCRRA for Rail Crossing Improvements at the Ramona Boulevard crossing. The improvements would not only bring the crossing to current SCRRA standards but would also make the crossing Quiet Zone ready. In light of this development and because the City was already working on a project at the Pacific Avenue crossing, staff decided to expand the scope of the project to also include similar improvements such as train pre-emption timing, installation of pedestrian access gates and other improvements to make the Pacific Avenue crossing Quiet Zone ready.

On December 21, 2016 the City Council approved a Design Services Agreement (DSA) for railroad design review services that included the scope imposed by SCRRA but also expanded the design to include the Quiet Zone scope.

Since Ramona Boulevard and Pacific Avenue are two consecutive crossings scheduled to receive, or have received, rail safety and Quiet Zone ready improvements, Staff explored the feasibility for the implementation of a Quiet Zone. To meet the one -half mile requirement, Staff researched the consecutive downstream crossings for possible candidates. This included MacDevitt Street, Merced Avenue and Foster Avenue crossings. These three crossings along with the Ramona Boulevard and Pacific Avenue crossings, cover a length of approximately 1.4 miles which is well over the minimum requirement. With the locations selected, the next biggest hurdle to overcome and the major contributor to a viable project was identifying funding for the cost of improving the crossings.

On August 1 5, 2018, City Council authorized staff to proceed with obtaining funding for the project through the issuance of Measure M Revenue Bond. On October 16, 2018 the City Council held a Public Hearing for public comment and approval of Resolution No. 2018 -299 approving the bond sale and related actions for financing of the project. The availability of the Measure M Revenue Bond funds to cover costs for the improvements removed the biggest challenge of the project. This allowed the City to engage with SCRRA to prepare the plans and manage the project through the authorization process with the California Public Utilities Commission (CPUC) and Caltrans. With the support from SCRRA and CPUC, the City can expedite the project and coordinate project management, constr uction management and inspection activities to keep the project current and active.

On April 15, 2021, the City received authorization to proceed with the construction phase of the project.

Since then, staff has been working with consultants and SCRRA on the development of Construction and Maintenance (C&M) Agreement. This item will approve the C&M agreement so that the project can move on to the construction phase.

DISCUSSION
There has been significant interest in establishing a Quiet Zone within the City of Baldwin Park. The residents of the City, particularly those that live adjacent to the tracks, in numerous occasions, have voiced concerns about the loud sound of the train horn and have expressed a desire to eliminate the sound with the implementing a Quiet Zone. Quiet Zones are sections of the railroad corridor where train crews will not regularly sound their horns. To meet the minimum implementation requirements for a Quiet Zone, the City would need to make improvements to all highway -rail grade (public, private and pedestrian) crossings within a minimum length of one-half mile along the length of railroad right-of-way.

The City’s Rail Crossings Safety Improvements Project consists of main rail track crossings at Merced Avenue, McDevitt Street, Fo ster Avenue and Pacific Avenue and others. This segment on the San Bernardino Metrolink line serves 38 weekday passenger trains and 4 weekday freight trains. The

crossings are located near businesses, schools, and residential neighborhoods. There is vehicu lar traffic and significant amount of pedestrian traffic along these crossings.

The features of the proposed design may improve the overall travel time for trains by reducing the potential for train-automobile and train-pedestrian collisions, thereby increasing safety. It will also help with reducing delays to passenger rail traffic, freight rail traffic, and motor vehicles traveling through crossings. Projected future traffic increases will only cause the existing deficiencies to increase and create more delay or more opportunity for rail, automobile, and pedestrian accidents to occur.

The planned improvements at the at-grade crossings will bring the highway-rail crossing up to current SCRRA Grade Crossing Safety Standards and may include among other impr ovements, new raised median islands, additional warning devices with gate arms and cantilevered flashing signals, improved pavement, curbs, gutters and sidewalks with pedestrian warning devices such as pedestrian gate arms, emergency swing gates, channeliz ation and other enhancements, right -of-way swing gates, signing and striping, and other roadway improvements. These facilities will be built to SCRRA standards with slight design deviations due to the existing site conditions and crossing geometry. Additionally, the improvements at Foster Avenue which is an at -grade pedestrian -only crossing may include improvements to pavement, curbs, gutters, and ADA accessible sidewalks with pedestrian warning devices such as pedestrian gate arms.

The City proposes to enter into a C&M Agreement to allow for the construction of dual railroad crossing gates and signalized traffic signals at Pacific and Bogart Avenues in anticipation for the implementation of a quiet zone in the near future. In support of this project, SCRRA will be providing technical support to include:

• Technical document reviews of engineering plans and construction oversight inspections • Design and construction for the relocation of railroad signals in conflict with construction • Operations and management of railway communications and signal support • Safety training and flagging services
• Railroad inspection and rehabilitation services
• Associated costs for the safety and operation of the railroad during construction of the dual crossing gates, traffic signals, and roadway realignment and reconfiguration

The estimated cost for construction totals $3,643,508.00 for the railroad improvements on Pacific Avenue between Bogart and Downing Avenue. This railroad improvement project is funded with proceeds from Measure M Revenue Bond. The estimated cost for traffic signal improvements at Pacific and Bogart Avenues totals $1,173,513.00. This traffic signal improvement project is funded by the State’s Highway Safety Improvement Program (HSIP) funds and Surface Transportation Program Local (STPL) funds.

Design services for the Pacific Avenue crossing were handled by SCRRA through a DSA with language and policy reviews performed by Evan Brooks Associates and quality assurance and railroad construction exper tise and advisements provided by Railpros Rail Engineers. As part of the DSA, SCRRA has provided the City with a comprehensive review of the C&M Agreement that have since been completed. This report requests approval of the C&M Agreement with SCRRA in ord er to commence construction on the Pacific Avenue crossing improvements in early 2023. The City will serve as the contract awarding authority and take the lead the project. Working closely with SCRRA the City will coordinate construction efforts within the rail right-of-way with SCRRA and its contractors.

ALTERNATIVES

1. The City Council may choo se n ot to approve the C&M Agreement and forgo having any improvements constructed on SCRRA’s right-of-way. This action is not recommended as it may have a negative impact on the city-side traffic signal improvements as it will require a complete redesign of the project scope. This action will introduce a signifi cant delay which may impact existing funding agreement timelines for MTA and HSIP grants. Further, the proposed improvements covered in the C&M agreement are critical for the development of a Quiet Zone designation. Not constructing the improvements will place a significant setback to the City’s goal of implementing a Quiet Zone.

2. Provide Staff with an alternative direction.

CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content. The City Attorney has reviewed the C&M Agreement and provided several comments to improve the language and to provide further legal protections. These comments were accepted by SCRRA and are incorporated in the C&M Agreement.

ATTACHMENTS

1. Construction and Maintenance Agreement with SCRRA
65431.00105\40858464.1

CONSTRUCTION AND MAINTENANCE

AGREEMENT
for

PACIFIC AVENUE

BETWEEN

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY

AND THE

CITY OF BALDWIN PARK

COVERING THE

HIGHWAY-RAIL AT GRADE CROSSING
AT
SCRRA MILE POST 18.71 - SAN GABRIEL SUBDIVISION
US DOT NO.: 747281C CPUC NO.: 101SG-18.71
IN

BALDWIN PARK,

LOS ANGELES COUNTY,

CALIFORNIA
65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

1 SCRRA Folder No.: S0000041
SCRRA Project No.: 861034
Construction and Maintenance Agreement
for

PACIFIC AVE
CPUC No. 101SG-18.71
DOT No.: 747281C
SCRRA MILE POST 18.71 - SAN GABRIEL SUBDIVISION

BALDWIN PARK,

LOS ANGELES COUNTY,

CALIFORNIA
THIS Construction and Maintenance Agreement ("AGREEMENT") is made and entered into as of the __________ day of __________, 2022, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd, Suite 1500, Los Angeles, CA 90017 and the CITY OF BALDWIN PARK, a general law city and municipal corporation duly organized and existing under the laws of the Stat e of California (hereinafter referred to as “CITY”), to be addressed at 14403 East Pacific Avenue, Baldwin Park, CA 91706. SCRRA and the CITY may be referred to singly as “PARTY” and collectively as “PARTIES.”

65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

2 RECITALS:

SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain , administer, and operate the “METROLINK” commuter train system on railroad rights -of-way owned by the member agencies and through other shared use and joint operation agreements. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (“M ETRO”), Ventura County Transportation Commission (“VCTC”), Orange County Transportation Authority (“OCTA”), San Bernardino County Transportation Authority (“SBCTA”), and Riverside County Transportation Commission (“RCTC”).

SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area traversed by Pacific Avenue. SCRRA and the “Operating Railroads” [as used herein “Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this at-grade highway railroad crossing location on right -of-way owned by Los Angeles County Metropolitan Transportation Authority , in accordance with the Shared Use Agreement dated October 30, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the “Intercity Agreement”.

Presently, the CITY occupies the railroad right-of-way with an at-grade highway railroad crossing that carries vehicular and pedestrian traffic traversing on Pacific Avenue, CPUC No. 101SG-18.71, US DOT No. 747281C, across the tracks of SCRRA at SCRRA Mile Post 18.71 on its San Gabriel Subdivision in the City of Baldwin Park, County of Los Angeles.

The CITY desires to construct pedestrian grade crossing safety enhancements on the east side of the Pacific Avenue crossing, exit gates for both vehicular approaches, and implement advance preemption. The proposed safety enhancements will include the follo wing as approved in the California Public Utilities Commission (CPUC) GO-88B Authorization letter (File Number 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

3 XREQ2021020002), dated February 10, 2021:
• Install traffic signals at the intersection of Pacific Avenue and Bogart Avenue, interconnected to the railroad warning devices with advance preemption. • Modify traffic signal phasing at the intersection of Pacific Avenue and Downing Avenue, interconnected to the railroad warning devices with advance preemption of 23 seconds (based upon preapproval of Request for Special Design Consideration). • Install “NO RIGHT TURN” (R3 -1) and “NO LEFT TURN” (R3 -2) activated blank -out signs for vehicular turning movements towards the crossing. • Remove existing railroad signal house and install new railroad signal house north of existing and at 11 feet 4 inches from centerline of track due to right-of-way constraints. • Remove existing median -mounted and curb -mounted Commissi on Standard 9 warning devices and install one curb -mounted Commission Standard 9 warning device for each approach to the crossing.
• Install two Commission Standard 9 -E (Commission Standard 9 installed on the departure side of the at -grade crossing, also kn own as an exit gate) warning devices, one median - mounted in the northeast quadrant and one curb-mounted in the southwest quadrant. • Install additional sidelight flashers on the warning devices in the northwest quadrant, directed at turning movements towards the crossing.
• Install two Commission Standard 9 pedestrian gate warning devices, with front and back flashing lights, in combination with emergency egress swing gates, tactile warning strips, and pedestrian channelization on the east side of the crossing. • Install pedestrian barricades and signage on the west side of the crossing. • Install concrete crossing panels for entire crossing. • Construct eight-inch-high raised concrete median southeast of the track, extending to the intersection of Downing Avenue.
• Install continental crosswalk pavement markings.
• Install “WAIT HERE” pavement markings in the southeast quadrant, and “KEEP CLEAR” pavement markings at the crossing.
• Install retroreflective raised pavement markers along edge lines through the crossing. • Apply California Manual on Uniform Traffic Control Devices (CA MUTCD) standard signage and pavement markings, including: W10-1 advance warning signs; R10-6 “STOP HERE ON RED” and R8 -8 “DO NOT STOP ON TRACKS” signage; and “RXR” pavement markings.
• Implementation of a dvance preemption for Pacific Avenue of 21 seconds (based upon preapproval of Request for Special Design Consideration).

In addition to the safety enhancements proposed above, the following improvements will be made 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

4 to support the safety enhancements and provide a safe and reliable crossing:
• One (1) set of existing concrete crossing panels will be replaced on the east end of the existing crossing with ADA compliant concrete crossing panels; and • Ten (10) existing field-side concrete track panels will be replaced; and • Rehabilitation of rail crossing including replacement of ties, tie plates, & pandrol clips; and • Modification and testing of SCRRA’s signaling equipment, including but not limited to, communications, positive train control (PTC), electrical lines and appurtenances.

The proposed safety enhancements and improvements for the Pacific Avenue at-grade highway- railroad crossing and appurtenances collectively define the “PROJECT”, which is further described as set forth in Exhibit B -1. The general location of the at-grade highway railroad crossing safety improvements proposed by the CITY are shown on the location print marked as Exhibit B-2. The detailed plans of the highway-railroad at-grade crossing and PROJECT are included in this AGREEMENT and collectively marked as Exhibit B-3.

The right-of-way presently utilized by the CITY is not sufficient in width to allow for construction of the PROJECT at the Pacific Ave at-grade highway-railroad crossing. Therefore, the CITY will need to seek an additional easement from the Los Angeles County Metropolitan Transportation Authority (METRO) to facilitate the construction of the PROJECT.

SCRRA and the CITY are entering into this AGREEMENT to cover the PROJECT described above, and as contained in the Exhibits attached to and made a part of this AGREEMENT. 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

5 AGREEMENT
NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows:

ARTICLE 1 - LIST OF EXHIBITS
The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety:

Exhibit A Standard Terms and Conditions
Exhibit B-1 Detailed Description of PROJECT
Exhibit B-2 Railroad Location Print
Exhibit B-3 PROJECT Plans
Exhibit B-4
Exhibit B-4 List of Contractor Submittals Requiring SCRRA Review Exhibit C CITY Scope of Work “CITY WORK”
Exhibit D SCRRA Scope of Work and Estimate “RAILROAD WORK” Exhibit E-1 SCRRA Form 6 -Temporary Right-of-Entry Agreement & SCRRA Insurance Requirements
Exhibit E-2 SCRRA Form 37 – Rules and Requirements for Construction on Railway Property
Exhibit E-3 General Safety Regulation for Third Party Construction and Utility Workers on SCRRA Property
Exhibit E-4 SCRRA Grade Crossing Guidelines

ARTICLE 2 - RESERVED
ARTICLE 3 - PLANS AND SPECIFICATIONS

3.1 Under the Design Services Agreement for Pacific Avenue & Bogart Avenue Signalization Project between SCRRA and the CITY executed on December 21, 2016 & amended on April 4, 2019, SCRRA has prepared, or caused to be prepared, the detailed Plans, Specifications, and Estimates (the “PS&E”) for the changes, additions, or alterations to existing SCRRA Positive Train Control (PTC) system , signals, and communication facilities required in connection with the PROJECT, which is more fully described in Exhibit D (the “RAILROAD WORK”).

3.2 The CITY shall comply with all SCRRA terms and conditions that are described in Exhibits E-1, through and including Exhibit E-4, and other special guidelines that SCRRA may provide to the CITY for this PROJECT for any work performed on the PROJECT. 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

6 3.3 CITY has prepared the PS&E for the design of the sidewalk, pedestrian channelization, and appurtenances in connection with the PROJECT, which is more fully described in Exhibit C (the “CITY WORK”).

3.4 Upon completion of construction of the PROJECT, the CITY, at its sole cost and expense, shall furnish a compact disc (CD) or a Digital Versatile Disc (DVD) containing all of the construction and contract documents in portable document format (PDF), including but not limited to; plans depicting the as-constructed condition of the PROJECT and appurtenances, and drawings for SCRRA owned or maintained facilities electronically in an editable MicroStation or AutoCAD file format.

ARTICLE 4 - SCRRA REQUIREMENTS

4.1 The CITY, at its sole cost and expense, shall comply and ensure that its employee(s), consultant(s), and contractor(s) comply, at all times when on the rail road right-of-way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as “REFERENCES”, as incorporated in this document as if they were set full in this article, and incorporated in this AGREEMENT by reference. These documents are described and can be accessed through SCRRA’s website www.metrolinktrains.com, as the following:
• SCRRA Form 6 -Temporary Right -of-Entry Agreement & SCRR A Insurance Requirements (Exhibit E-1)
• SCRRA Form 37 – Rules and Requirements for Construction on Railway Property (Exhibit E-2)
• General Safety Regulation for Third Party Construction and Utility Workers on SCRRA Property (Exhibit E-3)
• Applicable SCRRA Engineering Standard Drawings
• Applicable SCRRA Specifications

4.2 The CITY and all employee(s), consultant(s), and contractor(s) employed by the CITY shall ensure compliance with the terms and conditions of the AGREEMENT for their work specified in this Article. All CITY employee(s), consultant(s) and contractor(s) working on the PROJECT must (i) attend the SCRRA Safety Training for Roadway Worker Protection (“RWP”), 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

7 as a mandatory prerequisite to enter the railroad right -of-way and (ii) comply with the SCRRA Safety Rules while on railroad property.

4.3 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA’s Efficiency Testing Program, in compliance with 49 CFR 214 – Railroad Workplace Safety Regulations and SCRRA Third Party Work Rules. The employee(s), consultant(s) , and contractor(s) shall cooperate with SCRRA, Federal, and State representatives at all times.

Disregard for, or failure to comply with, the requirements of 49 CFR 214 – Railroad Workplace Safety regulations, or SCRRA third -party safety requirements, may result in the removal of an offending individual(s) from the railroad Right-of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right-of-Entry Agreement.

ARTICLE 5 - MAINTENANCE BY CITY

5.1 CITY shall s hare equally with SCRRA the maintenance cost of the railroad crossing warning signals and signal controls provided for in this Agreement in accordance with California Public Utilities Code (CPU Code) §1202.2, except that CITY’s liability therefore shall be limited to such funds as may be set aside for allocation through the California Public Utilities Commission (CPUC), pursuant to CPU Code §1231.1. SCRRA shall submit to the CPUC an annual invoice, every June 30th, and CPUC has 30 days upon receipt of invoice to reimburse SCRRA for CITY’s share of the maintenance costs of the railroad crossing warning signals and signal controls. This results in no direct cost to CITY for the maintenance of the automatic warning devices (excluding exit gates).

5.2 CITY shall maintain, repair and renew the at-grade highway railroad crossing area within its respective CITY boundaries starting at two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain, at its expense, the area between the tracks where the distance between the center lines of tracks is fifteen (15) feet or less measured at the center line of the highway, normal to the tracks. CITY shall maintain and repair, at CITY expense, any street improvements, including asphalt pavement, street lighting, sidewalks, curb and gutters, raised medians, pavement striping and markings (traffic and pedestrian), raised pavement markers, 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

8 and signage as well as detectable warning tactile strips within the CROSSING AREA. This work shall be done pursuant to CPUC General Order 72-B.

5.3 CITY shall maintain, repair, and renew the emergency exit swing gates and detectable warning tactile strips.

5.4 The CITY shall, at the CITY’s expense, coordinate with and participate in an Annual Joint Inspection of the traffic signal and associated railroad in ter-connect (preemption) systems and provide assistance in support of SCRRA routine and any required troubleshooting testing of railroad/traffic signal pre -emption equipment and facilities in accordance with FRA Regulation Title 49 part 234 Subpart d of the Code of Federal Regulations (49 CFR Part 234), and provide qualified personnel to assist with testing of those traffic signal interconnect features outside of the Railroad right-of-way.

5.5 CITY shall notify SCRRA fifteen (15) working days in advance of any maintenance of a roadway, sidewalk or median islands, if that maintenance activity is to occur within the railroad right-of-way. SCRRA will provide flagging at its expense for r outine maintenance by the CITY for maintenance activities specific to the roadway within the railroad right-of-way, such as striping or patching, that can be completed within one (1) flagging shift period, if the CITY coordinates the work with SCRRA for the arrangement of flagging services. Any additional SCRRA flagging shifts or inspection reasonably deemed by SCRRA to be required to protect SCRRA tracks or the traffic moving thereon shall be paid for by CITY.

5.6 CITY shall control or remove , at CITY expense, weeds or vegetation located within the CITY crossing easement or within public street right of way on or about the crossing so that it does not become a fire hazard; obstruct visibility of railroad signs and signals along the right -of- way and at highway -rail crossings; obstruct visibility of trains or rail equipment; interfere with railroad employees performing normal trackside duties; prevent proper functioning of signal and communication lines or impede railroad employees visually inspecting moving equipment. If CITY will not lawfully perform the control or removal work, CITY shall reimburse SCRRA for the reasonable cost of performing such control or removal.

5.7 If in the future, CITY elects to modify the existing crossing(s) by widening or replacement 65431.00105\40858464.1

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9 of crossing surface(s), then any SCRRA reasonable costs of reasonably necessary modifications caused by CITY’s modifications to crossing(s), including material and/or repair or rehabilitation of the railroad tracks, shall be borne by the CITY.

5.8 If in the future, CITY elects or is required by competent authority to raise or lower the grade of all or any portion of the street or highway located on the CROSSING AREA that requires the track(s) to be modified , the reasonable cost of the design and construction and all associated cost to modify the tracks shall be borne by the CITY if the modification is elected by the CITY or by the competent authority if the competent authority is requiring the modifications to the roadway.

5.9 CITY shall incorporate the requirements of Exhibit E-1, through and including, Exhibit E-4 into each prime contract for maintenance through and adjacent to the C ROSSING AREA.

CITY shall exercise its authority as a party to any contract for construction and maintenance into which it enters to ensure its contractor(s) conforms with the requirements listed in Exhibit E-1, through and including Exhibit E-4, and to ensure that operations, right-of-way, property, or other facilities of SCRRA or the operations, property or facilities of others occupying or using the railroad right-of-way, are protected at all times. All work done by CITY, or its contractor(s), on the railroad right-of-way shall be done in a manner reasonably satisfactory to SCRRA.

5.10 CITY shall pay SCRRA a yearly maintenance fee of $ 8,312.05, which is to include the cost at the crossings that currently have exit gates to be constructed as a part of this PROJE CT (which represents one hour at $ 346.34/hour per month, for each of the exit gates within the PROJECT, to be augmented by 4% per annum beginning in the fiscal year 202 4), for the maintenance and regulatory required testing of the exit gates and the traffi c detection loops associated with said exit gates, necessary for the CITY to achieve Quiet Zone Status from the FRA as per the current FRA’s Use of Locomotive Horns at Highway -Rail Grade Crossings Final Rule (49CFR Parts 222 and 229). The CITY will pay the maintenance fee, once per annum, within thirty (30) days of receipt of the invoice from SCRRA, which maintenance is set forth in SCRRA’s Quiet Zone Implementation Guidelines. This yearly maintenance fee will be required regardless of Quiet Zone status and will only be removed if CROSSING is grade separated.

ARTICLE 6 - MAINTENANCE BY SCRRA
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Pacific Ave Construction and Maintenance Agreement

10 6.1 SCRRA shall maintain, repair and renew the at -grade highway railroad crossing between lines two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain, at its expense, the area between the tracks where the distance between the center lines of tracks is fifteen (15) feet or less at the center line of highway, normal to the tracks. This work shall be done pursuant to CPUC General Order 72-B.

6.2 SCRRA shall maintain, repair, and renew the railroad warning devices including vehicular and pedestrian warning devices, vehicle intrusion detection devices, striping between the warning devices and channelization devices for pedestrians (fencing and hand railing).

ARTICLE 7 - SCOPE OF WORK BY CITY

7.1 The work to be performed by the CITY is described in Exhibit C- – CITY Scope of Work, (hereinafter referred to as “CITY WORK”) and is marked as Exhibit C.

7.2 CITY shall also make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than SCRRA which may be necessary for the construction of the PROJECT.

7.3 The CITY shall be responsible for the removal of any and all contaminated or hazardous material within the limits of the PROJECT and the CROSSING AREA not otherwise introduced by SCRRA or SCRRA’s agents, officers, employees, contractors and subcontractors of any tier, or other persons subject to SCRRA’s control within each respective right -of way in accordance with applicable law or regulation.

7.4 At the completion of construction, CITY and its consultants, at its sole cost and expense shall review, verify, and prepare as -built drawings. CITY and its consultants shall also support SCRRA staff in updating changes to the track charts by providing mark -ups on t he latest track charts clearly showing what changes need to be made, including any changes in information in the data tables and any other relevant sheets within the Track Chart set. SCRRA staff will make edits to the track charts per the Consultants mark-ups.

ARTICLE 8 - SCOPE OF WORK AND ESTIMATE BY SCRRA
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Pacific Ave Construction and Maintenance Agreement

11 8.1 The RAILROAD WORK to be performed by SCRRA, at the CITY's sole cost and expense, is described in Exhibit D – SCRRA Scope of Work and Estimate , in the amount not to unreasonably exceed Three-Million Six Hundred Eighty -One Thousand One Hundred Fifty Dollars ($3,681,150.00).

8.2 Upon receipt, from the CITY, of a written notice to proceed with the RAILROAD WORK, SCRRA will place orders for any needed materials or equipment, and issue contracts or task orders for any construction, adjustments, and/or modifications of SCRRA facilities necessary to permit construction of the PROJECT. Orders for materials, new contracts for construction, or task orders under existing contracts, will be issued in accordance with SCRRA procurement policies and the laws and regulations governing public agency contracts applicable to SCRRA.

8.3 Completion of any designs necessary for the RAILROAD WORK portion of the PROJECT, and the acceptance of the estimates in Exhibit C, and the deposit of any funds due SCRRA are conditions precedent to issuing the Notice to Proceed with the RAILROAD WORK.

ARTICLE 9 - CONSTRUCTION BY CITY

9.1 The CITY shall furnish, or cause to be furnished, all labor, materials, tools, equipment, and superintendence for the performance of the CITY WORK for which the CITY is responsible.

9.2 The CITY shall provide a full -time resident engineer (RE) with experienc e in at -grade highway-railroad grade crossing projects on the site of the work during construction. The resident engineer must be an engineer licensed in the State of California and must have the authority to provide direction to the contractor(s) employed by the CITY, and to commit the CITY within a reasonable scope of authority.
a. It’s expected the RE will:
i. Coordinate with SCRRA Staff and SCRRA Project Manager. ii. Ensure its contractors’ compliance with SCRRA Safety Rules. iii. Support SCRRA Project Manager in ensuring appropriate permits and Site Specific Work Plans are in place and approved before advancing construction. 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

12 iv. Stop any work whenever necessary to protect Life Safety and Metrolink property. v. Reject materials and workman ship that do not conform to SCRRA Engineering Standards and Specifications.
vi. Direct unacceptable work to be removed and replaced with acceptable work. vii. Communicate and coordinate with the RWIC or flagging manager including scheduling flagging protection, work windows and Form B protection. viii. Ensure that all of its work shall be performed per SCRRA On -Track Safety Manual, GCOR, Cal OSHA, and all other guidelines that may apply to the tasks being performed. Inspector(s) shall document and notify the contracto r and SCRRA of non-compliant work.
ix. Assist in coordinating the CITY WORK and work performed by SCRRA track and signal contractors at the crossing area.
b. The resident engineer must have the following qualifications:
i. Field experience in the areas above and hav e performed similar duties on an active Commuter or Class I Railroad.
ii. Field experience from a minimum of five at -grade highway -rail crossings construction projects on an active Commuter or Class I Railroad, preferably on SCRRA network.
iii. A strong adherence to safety when working on and around operating railroads. iv. The ability and willingness to work when construction occurs during nights and weekends when there is less train activity.
v. Actual field experience in earthwork, pavements, striping, signage, fencing, track work, site utilities, drainage, concrete, and structural steel. vi. Experience in coordination of railroad signal work and CITY WORK within an at-grade crossing area.
vii. A basic understanding of the railroad signal system at the at-grade crossing. This includes the layout of the gates, loops, pull -boxes, conduits, houses and flashers, and order of which the elements at the crossing are installed. 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

13 viii. Familiar with SCRRA Engineering Standards and Specifications. ix. Understanding of SCRRA Operations. This includes Absolute Work Windows, Form B, Track & Time and potential impact from the construction to the train operations.

9.3 CITY must supervise and inspect the operations of all contractor(s) employed by the CITY to assure compliance with the Plans and Specifications approved by SCRRA, the terms of this AGREEMENT, and all safety requirements of SCRRA. I f SCRRA determines that proper supervision and inspection is not being performed by CITY personnel at any time during construction of the PROJECT, SCRRA has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the PROJECT will not proceed until CITY corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being corrected in an expeditious manner, SCRRA will immediately notify CITY, and the CITY agrees to institute appropriate corrective action.

9.4 The CITY shall incorporate the requirements of Exhibit E-1, through and including Exhibit E-4 into each prime contract for construction of the PROJECT. The CITY shall exercise its authority as a party to any contract for construction into which it enters : to ensure that its contractor (s) conforms with the requirements listed in Exhibit E-1, through and including Exhibit E-4, and to ensure that the operations, right-of-way, property, or other facilities of SCRRA, or the operations, property or facilities of others occupying or using the railroad right-of-way, are protected at all times. All work done by the CITY, or its contractor(s), on the railroad right-of-way shall be done in a manner reasonably satisfactory to SCRRA.

9.5 The CITY shall assume all liability for the costs for any delay to rail operations that result from the CITY’s construction operations, failure to return track at the end of a work window, failure of excavation support, falsework, or other temporary work, and damage or disruption of utilities in performance of CITY WORK by the CITY or its contractor(s).

9.6 The CITY shall have its contractor(s) coordinate with SCRRA on the placement of any signage in, around, and adjacent to the CROSSING AREA to ensure that the placement of the signs will not block the visibility of the warning flashers for vehicular and pedestrian traffic. If signage is placed without coordinating with SCRRA and blocks the visibility of the warning flasher, the CITY, at its 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

14 expense, shall relocate the signage so that it does not block the visibility of the warning flashers.

9.7 The CITY shall furnish copies of the contractor(s) furnished submittals listed in Exhibit B-5 to SCRRA for review and approval prior to proceeding with the work covered by the submittal. Upon approval of the CITY, the contractor or contractors may make the submittals directly to SCRRA’s Project Manager. SCRRA shall be allowed thirty (30) working days to complete its review of any submittals.

9.8 The CITY must notify SCRRA's Project Manager, via email, of the date on which CITY and its contractor(s) will meet with SCRRA for the purpose of making final inspection of the PROJECT.

In addition, the CITY must advise SCRRA within ten (10) business days of the date that the CITY makes final acceptance of the PROJECT.

9.9 The CITY will obtain approval from SCRRA for any construction phasing proposals, associated schedules, work plans and expected operational impacts at least sixty (60) days before the commencement of any work that has the potential to affect SCRRA operations, services, equipment, infrastructure or safety procedures. All construction phasing plans, demolition and abandonment, track removal, replacement and new installation must also be submitted for approval sixty (60) days prior to the start of the work. If no response is received from SCRRA within thirty (30) days following the submittal, the construction phasing proposals, associated schedules, work plans and expected operation impacts may be c onsidered approved by SCRRA. A detailed scope of responsibilities for work windows that affect PTC system modifications is set forth in Article 10 below. a. SCRRA will not be granting any exclusive absolute work windows for PROJECT.

CITY and its Prime Contractor may request to utilize a SCRRA planned subdivision wide outage (absolute work window). Approval will be at SCRRA’s sole discretion and must be requested at least ninety (90) working days in advance.

9.10 The CITY shall, unless otherwise specified as SCRRA’s responsibility, be responsible for all coordination, permits, licenses and ag reements required by utility companies, third parties and statutory authorities for the construction, testing and integration into operational service of the CITY WORK.
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15 9.11 CITY shall ensure that the contractor does not store materials or equipment upon the right-of- way in proximity of the track (within 25 feet), that any material/equipment to be stored upon the right- of-way is first agreed with SCRRA and is secured, that a clear access path for maintenance or emergency vehicles is maintained at all times adjacent to tracks and that activities do not generate excessive dust.

9.12 The CITY or its contractor shall notify SCRRA’s designated railroad safety provider a minimum of three (3) weeks in advance of the daily Roadway Worker in Charge (RWIC) requirements for each week. Each RWIC shift shall comprise of 8 hours of support with a period of up to one hour either end of the shift solely for the purpose of establishing or taking down protection as required.

RWIC support shall be required at all times for any work within the railroad right-of-way or with the potential to foul the railroad, unless SCRRA approved barrier fencing is installed to segregate the work zone from the track and remove any potential to foul the railroad. The City shall reimburse SCRRA for all RWIC costs.

9.13 The CITY shall ensure that its contractor(s) coordinate and comply with RWIC directions and all times, standing down and securing any equipment as directed while a train passes by.

9.14 CITY and its contractor will ensure that all workers, including subconsultants and subcontractors; comply with the requirements of SCRRA On-Track Safety Manual for Roadway Workers Section 3.0 Job Safety Briefings, including the completion of the daily SCRRA Safety Risk Analysis form, signing in with SCRRA’s RWIC at the start of work, and signing out with the RWIC when leaving the work area.

ARTICLE 10 - COORDINATION OF WORK WINDOWS AND IMPACTS UPON

POSITIVE TRAIN CONTROL (PTC)

10.1 The CITY shall ensure that its contractor(s):
a. Coordinate with SCRRA on scheduling construction activities which require modifications to any PTC critical features and provide SCRRA staff a minimum of 60 calendar days to develop and test the new subdivision file and incorporate changes into overall PTC network planning. The PTC planning, subdivision file creation and testing, critical feature site validation and final implementation into service of the 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

16 subdivision file is a minimum six to eight-week process. b. Critical features specific to the PROJECT include:
i. Construction changes:

1. Changes in crossing panel limits to accommodate pedestrian gates and sidewalk

2. Installation of exit gates

3. Advanced preemption system to provide interconnec tion with traffic system
c. Coordinate with and facilitate access to SCRRA PTC staff onto tracks within project construction zone to enable on -site validation of subdivision file against critical features. Contractor shall not have equipment near the tracks during subdivision file testing that may affect the operation of the signal system or prevent unobstructed operation of a track mounted hi-rail throughout the project site to record locations of critical features and take associated measurements. SCRRA will provide 48 hours ’ notice to contractor of intent to visit site to perform tests wherever possible but in emergency will require access without notice at any time.

10.2 SCRRA shall:
a. Create a Change Request in the SCRRA Configuration Management database and arrange through SCRRA Change Control Configuration Management an initial Technical Review Team meeting to review and discuss details of the proposed changes to the crossing warning system.
b. Coordinate and undertake all PTC activities needed due to a change in PTC critical features, which include:
i. Development of new or revised subdivision file
ii. Testing of file in PTC Lab and within Train Management Dispatching System (TMDS) system
iii. Signal system paper check
iv. Field and Signal Pre-test
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Pacific Ave Construction and Maintenance Agreement

17 c. Coordinate Field testing with CITY and contractor, providing 48 hours’ notice wherever possible as per Article 10.1.c.
d. Schedule a test train to perform grade crossing warning timing tests once the track construction has been completed.
e. Make all necessary modifications to the graphics within the TMDS system. f. Undertake final PTC critical feature and subdivision file validation at the appropriate time and place into service the revised or new PTC subdivision file and modified TMDS graphics upon final verification of accuracy.
g. Issue in advance of implementation, bulletins to all affected railroads to detail physical and operational changes to the current timetable. h. Revise track charts, composite maps, simulator graphics and KML files to reflect all physical changes made to the system.

10.3 All SCRRA work for coordination of impacts upon the PTC system shall be at CITY’s sole cost and expense and paid in accordance with section 13.3 below.

ARTICLE 11 - FUTURE QUIET ZONE

11.1 The CITY does not currently plan to implement a quiet zone at the CROSSING AREA. If in the future, CITY should desire a quiet zone at the CROSSING AREA, CITY must submit a written request to SCRRA for the installation of quiet zone at -grade highway railroad crossing improvements (if different than improvements provided as part of PROJECT). The estimated costs for any future work to be performed by SCRRA will be quantified and included in an amendment to this AGREEMENT or another agreement to cover any contemplated quiet zone safety enhancements as well as any additional cost to SCRRA that will be reimbursed by CITY.

11.2 The CITY further acknowledges that if it elects to estab lish a quiet zone within its jurisdictional boundaries pursuant to the Federal Railroad Administration (“FRA”) , CITY shall 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

18 follow SCRRA’s Quiet Zone Implementation Guidelines as in effect at that time , which will be incorporated herein as though fully set forth in this AGREEMENT through a written amendment executed by the CEO or other similar officer of each of the PARTIES with delegated authority to execute such amendments to the AGREEMENT.

ARTICLE 12 - DISTRIBUTION OF COSTS

12.1 The sources of funding for the PROJECT include Measure M funds. This PROJECT shall meet the requirements of the funding schedule.

ARTICLE 13 - PAYMENT FOR SCRRA WORK

13.1 Upon the execution of this AGREEMENT, the CITY shall deposit 100% of the amount of the estimate contained in Exhibit D – SCRRA Scope of Work and Estimate with SCRRA. During the construction of the PROJECT, SCRRA will send CITY quarterly progress statements detailing the costs of the RAILROAD WORK performed b y SCRRA under this AGREEMENT. If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount deposited by the CITY, SCRRA shall, at its sole discretion, revise its estimates of the amount of RAILROA D WORK remaining, and the CITY shall deposit any not unreasonable additional amounts in excess of the original deposit with SCRRA.

13.2 SCRRA will not invoice for overhead until it receives formal approval of its provisional overhead rates. Once the Federal Transit Administration, SCRRA’s cognizant audit agency, has approved the final rate at the completion of its audit and an adjustment to the previously-approved provisional rate is required, SCRRA will make true-up adjustments and invoice accordingly.

13.3 CITY acknowledges that the SCRRA Estimate contained in Exhibit D includes an estimate of the flagging or other protective service costs pro vided by SCRRA that are to be paid by CITY in connection with the CITY WORK. The Exhibit D allots 130 shifts of flagging, in the event that more days are reasonably required, the CITY at its sole costs and expense will provide SCRRA with the funds to cove r these additional days. In the event of new construction, SCRRA , at the sole cost and expense of the CITY, shall coordinate with the CITY in providing flagging. The CITY shall coordinate with the appropriate SCRRA representative for flagging and flagging costs. 65431.00105\40858464.1

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19 13.4 Notwithstanding the amount of any estimate provided by SCRRA, the CITY agrees to reimburse SCRRA for one hundred percent (100%) of all actual costs reasonably incurred by SCRRA in connection with the PROJECT including, but not limited to, railroad construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to S CRRA (which shall include direct and indirect overhead costs) reasonably associated therewith.

ARTICLE 14 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE

14.1 Entry onto the railroad right-of-way by the CITY or its contractors shall at all times be subject to the current (at time of entry) requirements for entering the railroad right-of-way and the SCRRA procedures and requirements for securing railway flagging or other protective services.

14.2 The CITY shall incorporate the provisions set forth in Exhibit E-1, through and including, Exhibits E-4 into each contract for construction of the PROJECT. The CITY shall further require that each of its Contractor(s) comply with the requirements set forth in Exhibit E-1, through and including, Exhibits E-4 to this AGREEMENT.

14.3 If the CITY retains a contractor(s) to perform any work involving the PROJECT (including initial construction and any subsequent relocation or maintenance and repair work), the CITY shall require the contractor(s) to:
a) Execute SCRRA "Form 6 – Right of Entry Agreement" or similar form of agreement as adopted by SCRRA at the time that any future work is performed without modification. A copy of SCRRA’s Form 6 , as current ly adopted by SCRRA , is included with this AGREEMENT as Exhibit E-1
b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying SCRRA "Form 6 – Right of Entry Agreement" and as described in Exhibit E-1.

14.4 The CITY shall not allow any contractor(s) to commence any work in the CROSSING AREA or on any other portion of the railroad right-of-way until the contractor(s) have provided the required insurance and the right-of-entry is approved and signed by SCRRA. 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

20 14.5 All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Right-of-Way Coordinator
SCRRA Project No. 861034
SCRRA – Pomona Office
2700 Melbourne Ave
Pomona, CA 91767
Email: [email protected]

14.6 The CITY may not self-insure any portion of the insurance cov erage for work performed by the employees of the CITY without the prior approval of SCRRA.

14.7 Under no circumstances will personnel, equipment, or material of a contractor or the CITY be allowed on the railroad right-of-way without providing the insurance required by this article and arranging for flagging or other protective services.

14.8 The contractor's operations are subordinate to the operation of trains on the SCRRA right- of way, whether passenger or freight. All work upon the SCRRA right -of-way shall be done at such times and in such a manner as approved by SCRRA. SCRRA will strive to cooperate with the CITY and the CITY’s contractor such that the work may be handled and performed in an efficient manner, however, the CITY and the CITY’s contractor will have no claim with SCRRA whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail operations. Should, due to train operations or service obligations or other reasons provided in this AGREEMENT, it become impracticable to provide the work window on the dates established, SCRRA will provide the work window at the next reasonable available opportunity.

SCRRA shall not be responsible for any additional costs and expenses resulting from a change in work windows.

ARTICLE 15 - EFFECTIVE DATE; TERM AND TERMINATION.

15.1 This AGREEMENT shall become effective as of t he date signed by SCRRA , and shall continue in full force and effect for as long as the at-grade highway railroad CROSSING AREA exists.
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21 15.2 In the event the CITY does not commence construction on the portion of the PROJECT located on the CROSSING AREA within twelve (12) months of the effective date of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective upon delivery of thirty (30) calendar days written notice to the CITY.

15.3 SCRRA may suspend its performance, under this AGREEMENT if it becomes impracticable to proceed because of the lack of funding or restrictions on the distribution of funds.

15.4 If the AGREEMENT is terminated or suspended as provided above, or for any reason other than the events set forth in Article 15.3 of this AGREEMENT, the CITY shall pay to SCRRA all actual costs incurred by SCRRA or its contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA in connection with reviewing any prelim inary or final PROJECT PS&E, including allocated overhead.

ARTICLE 16 - CONDITIONS PRECEDENT TO START OF WORK

16.1 Neither the CITY nor any contractor(s) retained by the CITY may commence any work within the CROSSING AREA or the railroad right-of-way until:
a) SCRRA and CITY have executed this AGREEMENT.
b) Each CITY contractor has executed SCRRA "Form No. 6 - Temporary Right-of-Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, other documentation as requested by SCRRA, or a combination thereof set forth in the "Form 6 – Right of Entry Agreement. c) All required sums for payment of SCRRA as listed in Exhibit D have been deposited with SCRRA.
d) All CITY and its contractor(s) personnel working on or adjacent to the railroad right- of way have attended the SCRRA Safety Training for Roadway Worker Protection as specified in Article 4.2.

ARTICLE 17 - INDEMNIFICATION
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Pacific Ave Construction and Maintenance Agreement

22 17.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA’s board members, member agencies, officers, agents, volunteers, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. The CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractor(s,) and employees (“SCRRA Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnitees arising out of or connected with any intentional, reckless, or negligent (active or passive, ordinary or gross) acts or omissions on the part of the CITY, its council, officers, agents, contractor(s), or employees under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, and RAILROAD WORK and termination of this AGREEMENT.

17.2 Neither the CITY, nor its council, o fficers, agents, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA or any Operating Railroads under or in connection with any aspect of the PROJECT, RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their respective council, officers, agents, volunteers, contractor(s), and employees (“ CITY Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the CITY Indemnitees arising out of or connected with any intentional, reckless, or negligent (active or passive, ordinary or gross) acts or omissions on the part of Operating Railroads or SCRRA, and their respective board members, officers, agents, volunteers, contractor(s) or employees under or in connection with any aspect of the PROJECT, RAILROAD WORK, CITY WORK, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT , CITY WORK and RAILROAD WORK and 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

23 termination of this AGREEMENT.

17.3 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein.

ARTICLE 18 - GENERAL PROVISIONS

18.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of this at-grade highway railroad crossing, whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCRRA.

18.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the CITY and SCRRA.

18.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and AGREEMENT between them regarding the subject matter of this AGREEMENT. There are no representations, agreements, arrangements or understandings, oral or written, between the PARTIES relating to the subject matter of this AGREEMENT, which are not fully expressed herein.

18.4 The PARTIES to this AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

24 funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be open to inspection and audit by representatives of the State and FHWA for three (3) years after FHWA payment of final invoice. Furthermore, each PARTY shall make all records available for audit by SCRRA, or CITY, or Federal auditors, or all or any combination.

18.5 In addition to the specific provisions of this AGREEMENT, delay in performance by any PARTY hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the PARTY claiming an extension of time for any such cause.

An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of comme ncement of the cause. If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than thirty (30) calendar days after the commencement of the cause, the period shall commence to run only thirty (30) calendar days prior to the giving of such notice.

18.6 The execution and delivery of this AGREEMENT by each PARTY and the consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY.

18.7 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of this AGREEMENT and the balance of this AGREEMENT shall remain in effect.

18.8 This AGREEMENT shall be construed and interpreted under the laws of the State of California.

18.9 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT.

18.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the 65431.00105\40858464.1

Pacific Ave Construction and Maintenance Agreement

25 PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows:

To CITY: To SCRRA:

Sam Gutierrez.

Public Works Director
Justin Fornelli, P.E.

Chief, Program Delivery
City of Baldwin Park Southern California Regional Rail Authority 14403 East Pacific Ave 2558 Supply Street, Building A
Baldwin Park, CA 91706-4297 Pomona, CA 91767
E-mail: [email protected]
Telephone: (626) 216-5690
E-mail: [email protected]
Telephone: (909) 593-4291

18.11 This AGREEMENT may be executed in counterparts, each of which is an original, but all of which constitutes one and the same document. The PARTIES shall sign a sufficient number of counterparts, so that each PARTY will receive a fully executed original of this AGREEMENT.

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Pacific Ave Construction and Maintenance Agreement

26 IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials.

SOUTHERN CALIFORNIA REGIONAL CITY OF BALDWIN PARK

RAIL AUTHORITY

By: ________________________________ By: ______________________________ Darren M. Kettle Emmanuel J. Estrada
Chief Executive Officer Mayor, City of Baldwin Park

Date: ________________________________ Date: ______________________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ______________________________ By: ______________________________ Don O. Del Rio Marco A. Martinez
General Counsel City Attorney

Date: ________________________________ Date: ______________________________ 65431.00105\40858464.1

EXHIBIT A

STANDARD TERMS AND CONDITIONS

SECTION 1 - CONDITIONS AND COVENANTS
a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. Any lines constructed on the railroad right-of-way by or under authority of the CITY for the purpose of conveying electric p ower or communications incidental to the CITY's use of the right -of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SC RRA or its licensees now or hereafter located upon said right -of-way. No non -party shall be admitted by the CITY to use or occupy any part of the railroad right -of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent. b) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. CITY shall not damage, destroy or interfere with the right -of-way or rights of nonparties i n, upon or relating to the railroad right-of-way, unless CITY at its own expense settles with and obtains releases from such nonparties. c) SCRRA and its member agencies reserve the right to use and to grant to others the right to use the Crossing for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the right-of-way; also the right to cross the Crossing with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or power lines to any highway facil ities located upon the right-of-way, provided that such attachments shall comply with CITY's specifications, are approved in writing by the CITY, and will not interfere with the use of the Crossing. d) So far as it lawfully may do so, the CITY will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing, excepting taxes levied upon and against the right - of-way as a component part of SCRRA's operating right-of-way.

SECTION 2 - WORK
a) All work contemplated in this AGREEMENT must be performed in a good and workmanlike manner and each portion must be promptly commenced by the PARTY obligated by this AGREEMENT to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence. All changes or modifications proposed which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval, which SCRRA shall not unreasonably withhold, prior to the commencement of work on all su ch changes or modifications.
b) CITY, at its expense, will apply for and obtain all public a uthority required by law, ordinance, rule or regulation for its work, and will furnish to SCRRA upon request with satisfactory evidence that such authority has been obtained. CITY shall act as t he lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for its work. 65431.00105\40858464.1

c) CITY shall require its contractor(s) to reasonably adhere to the construction schedule ado pted for all PROJECT work.

Reasonable time must be allowed in the schedule for SCRRA to perform the RAILROAD WORK for which it is responsible. However, regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to complete the RAILROAD WORK in the event of an emergency to provide for the immediate restoration of railroad operations or to protect persons or property on or near the railroad right-of-way. SCRRA will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The PARTIES mutually agree that any reallocation of labor forces by SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any su ch reallocation will not constitute a breach of this AGREEMENT by SCRRA.
d) All construction work performed by or the responsibility of the CITY shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this AGREEMENT, or within such further period of time as may be specified in writing by SCRRA’s Chief of Program Delivery. No part of the PROJECT shall be suspended, discontinued or unduly delayed without SCRRA's written consent and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the CITY. The CITY hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA. e) All work of CITY upon the railroad right -of-way shall be performed and c ompleted in a manner satisfactory of SCRRA’s Minimum Requirements set forth in Exhibit D-1, D-2, D-3, D-4, D-5, and other guidelines or standards furnished by SCRRA. f) SCRRA will have the right to stop work if any of the following events take place:
i) CITY (or any of its contractor(s)) performs the work in a manner contrary to the plans and specifications approved by SCRRA on the Right-of-Entry Permit;
ii) CITY (or any of its contractor(s)), in SCRRA’s opinion, prosecutes the work in a manner which is hazardous to the railroad right-of-way, facilities or the safe and expeditious movement of railroad traffic; iii) the insurance required by the AGREEMENT is cancel ed during the course of the work or does not meet the minimum requirements specified herein.
g) The work stoppage may continue until all necessary actions are taken by CITY or its contractor(s) to rectify the conditions t o the satisfaction of SCRRA or until a dditional insurance has been delivered to and accepted by SCRRA, or the obligations are brought current.

SECTION 3 - INJURY AND DAMAGE TO PROPERTY
If the CITY, in the performance of any work contemplated by this AGREEMENT or by the failure to do or perform anything for which the CITY is responsible under the provisions of this AGREEMENT, shall injure, damage or destroy any property of the railroad or of any other person lawfully occupying or using the right-of-way of the railroad, such property shall be replaced or repaired by the CITY at the CITY‘s own expense, or by SCRRA at the reasonable expense of the CITY, and to the reasonable satisfaction of SCRRA.
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SECTION 4 - MAINTENANCE AND REPAIRS

a) SCRRA Obligations - SCRRA will accept, own, and maintain, at its sole cost and expense, the following portions of the PROJECT:
i. the railroad roadbed, ballast, track and appurtenances; ii. the railroad signal and communication facilities and appurtenances; iii. and other facilities to which SCRRA accepts title.

b) CITY Obligations. CITY will own and maintain, at its sole cost and expense, the following portions of the PROJECT:
i. the roadway including the roadway approaches and curbs, gutters, sidewalks and appurtenances thereto; ii. the traffic and pre-signal signals and approach lighting; iii. the roadway drainage structures, storm drain laterals, and collecting storm drains; iv. the access roadways necessary to reach RCTC’s right-of-way; the roadway signage and striping; v. the ADA truncated domes and appurtenances for protection or benefit of pedestrians; vi. and all other work constructed by the PROJECT excepting that for which SCRRA is responsible under this AGREEMENT or pursuant to law or regulation.

SECTION 5 - SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of the CITY that the work will be perfo rmed in a safe manner and in conformity with the following standards:
a) CITY and Contractor. All references in this AGREEMENT shall also include the contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority; and all references in this AGREEMENT to work of the CITY shall include work within the railroad right -of-way, as well as work outside and adjacent to the railroad right-of-way, such as temporary traffic control, that has the potential to impact the railroad right-of-way. b) Compliance with Laws . CITY shall comply with all applicable federal, state and local laws, regulations and enactments affecting its work. The CITY shall use only such methods as are consistent with safety, both as concerns the CITY, the CITY’s agents and employees, the officers, agents, employees and property of SCRRA and the public in general. The CITY (without limiting th e generality of the foregoing) shall comply with all applicable state and federal occ upational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or regulations. All Federal Railroad Administration regulation s shall be followed when work is performed on the railroad right-of-way. If any failure by the CITY to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against SCRRA, the CITY shall reimburse and indemnify SCRRA for any such fine, penalty, cos t, or charge, including without limitation attorney's fees, court costs 65431.00105\40858464.1

and expenses to the extent so caused by CITY and CITY’s officers, employees, contractors and subcontractors . The CITY further agrees in the event of any such action, upon notice there of being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA to the extent caused by CITY and CITY’s officers, employees, contractors and subcontractors. c) No Interference or Delays. The CITY shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, or any communication or signal lines, PTC system and critical features, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the railroad right - of-way or facilities.
d) Supervision. The CITY, at its own expense, shall adequately supervise and inspect all work to be performed by the CITY’s Contractor, and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of the CITY for safe conduct and adequate policing and supervision of the work shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performance of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by the CITY with any requests or recommendations made by suc h representatives. If a representative of SCRRA is assigned to the work, the CITY will give due consideration to suggestions and recommendations made by such representative for the safety and protection of SCRRA's propert y, right-of-way, and operations.
e) Suspension of Work. If at any time the CITY or SCRRA shall be of the opinion that any work of the CITY is being or is about to be done or prosecuted without due regard and precaution for safety and security, the CITY shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. f) Removal of Debris. The CITY shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any railroad right -of-way or facili ties of SCRRA; and any such material and debris shall be promptly removed from the railroad right-of-way by the CITY at the CITY's own expense or by SCRRA at the expense of the CITY. The CITY shall not cause, suffer or permit any water to be drained or pumped onto the railroad right-of-way during any dewatering from the Crossing without the prior permission of SCRRA.
g) Explosives. The CITY shall not discharge any explosives on or in the vicinity of the railroad right -of-way without the prior consent of SCRRA, which will not be given if, in the sole discretion of SCRRA, such discharge would be dangerous or would interfere with the railroad right-of-way, property or facilities. For the purposes hereof, the "vicinity of the railroad right-of-way" shall be deemed to be any place on the railroad right-of-way or in such close proximity to the railroad right-of-way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on the railroad right-of-way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storag e, security and use of explosives as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate. h) Excavation. The CITY shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slope s and the tracks of SCRRA. The CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks 65431.00105\40858464.1

or facilities. The CITY, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the CITY in connection with maintenance or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Guidelines and/or CalOSHA. The sho ring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA to withstand all stresses likely to be encountered, including any stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity. i) Falsework. No falsework may be erected over the track or on the railroad right -of-way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additiona l provisions provided by SCRRA.
j) Fiber Optic Cables. Fiber optic and other cable systems may be buried on SCRRA's right -of-way. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resultin g in business interruption and loss of revenue and profits. The CITY and its consultants and contractors shall telephone the Underground Service Alert of Southe rn California toll-free at (800) 227 -2600 a minimum of two (2) workings days before performing any excavation for work within the railroad right-of-way.
k) SCRRA Signal and Communication Facilities . SCRRA is not a member of Underground Service Alert of Southern California. The CITY, and its consultants and contractors, shall call SCRRA Signal Department at (909) 592-1346 to request marking of signal and communication cables or conduits or both a minimum of 72 -hours prior to performing any excavation on the railroad right-of-way. No work may proceed until CITY has been provided with an SCRRA dig nu mber in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721.

SECTION 6 - OTHER RAILROADS AND AGENCIES
All protective and indemnifying provisions of this AGREEMENT shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using the railroad right -of-way or facilities. On any certificate of insurance furnished pursuant to this AGREEMENT, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured:

Los Angeles County Metropolitan Transportation Authority (METRO) Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino County Transportation Authority (SBCTA)
Ventura County Transportation Commission (VCTC)
Burlington Northern Santa Fe Corporation (BNSF)
National Railroad Passenger Corporation (AMTRAK)
Union Pacific Railroad Company (UPRR)
SECTION 7 - REMEDIES FOR BREACH OR NONUSE
65431.00105\40858464.1

The CITY will surrender peaceable possession of the CROSSING upon termination of this AGREEMENT. Termination of this AGREEMENT shall not affect any rights, obligations or liabilities of the PARTIES, accrued or otherwise, which may have arisen prior to termination.

END EXHIBIT A

65431.00105\40858464.1

EXHIBIT B-1

DETAIL DESCRIPTION OF PROJECT
The purpose of the PROJECT is to improve the highway-rail at-grade crossing at PACIFIC AVE, located along SCRRA’s San Gabriel Subdivision at Milepost 18.71 in the City of Baldwin Park, California, in Los Angeles County by constructing traffic signals with advance preemption at the intersection of Pacific Avenue & Bogart Avenue, constructing pedestrian safety improvements, and constructing exit gates.

Currently, there are no pedestrian treatments at the crossing.

The PROJECT proposes to construct pedestr ian safety improvements on the east side of the crossing, which includes the following improvements as approved in the California Public Utilities Commission (CPUC) GO-88B Authorization letter (File Number XREQ XREQ2021020002) dated February 10, 2021:
• Six-Foot (6’) wide sidewalks with detectable warning strips on both approaches • Additional concrete crossing panels to accommodate the new sidewalk • One (1) CPUC Standard 9 pedestrian warning device (gate) including emergency swing gates at each sidewalk approach
• Two (2) CPUC Standard 9E vehicular warning device (exit gate) in each vehicular direction • Hand railings for pedestrian channelization at each sidewalk approach • Pedestrian barricades on the west side of Pacific Ave for both approaches • Application of California Manual on Uniform Traffic Control Devices compliant signage and pavement markings
In addition to the safety enhancements proposed above, the following improvements will be made to support the safety enhancements and provide a safe and reliable crossing:
• Replace two (2) sets of existing concrete crossing panels with ADA compliant concrete crossing panels
• Ten (10) existing field-side concrete crossing panels will be replaced due to wear and tear from vehicular traffic
• Modification and testing of SCRRA’s signaling equipment, including but not limited to, communications, positive train control (PTC), electrical lines and appurtenances All railroad signal, communication, and track systems will be Positive Train Control compliant.

65431.00105\40858464.1

EXHIBIT B-2

RAILROAD LOCATION PRINT
Figure 1: Location Map

Figure 2: Vicinity Map

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EXHIBIT B-3

PROJECT PLANS

65431.00105\40858464.1

65431.00105\40858464.1

EXHIBIT B-4

LIST OF CONTRACTOR SUBMITTALS REQUIRING SCRRA REVIEW

The CITY’s Contractor(s) shall submit the following items listed below to SCRRA for review and approval prior to any work being commenced or materials being ordered:

1) Temporary Right-of-Entry Agreement - SCRRA Form 6 (Exhibit E-1) 2) Construction Schedule
3) Weekly Look-Ahead Schedule
4) Site Specific Work Plan (SSWP)
5) Temporary Traffic Control Plans
6) Any additional applicable submittals per exhibit C in SCRRA Form 37 (Exhibit E-2) 7) Shop Drawings for:
a. Handrail
b. Emergency swing gates
c. Signage for emergency swing gates
d. Detectable warning pavers

65431.00105\40858464.1

EXHIBIT C

CITY SCOPE OF WORK
“CITY WORK”
CITY Scope of Work:
1) Construct curb and gutter, driveways, and sidewalk
2) Construct handrail
3) Construct emergency swing gates with required signage Note: Pedestrian gate arm cannot be installed until emergency exit sign is installed on emergency swing gate 4) Install detectable warning tactile strips
5) Install/relocate all signage except railroad Emergency Notification Signs 6) Install pedestrian barricades with appropriate signage 7) Install/refresh striping and raised pavement markers; traffic and pedestrian 8) Install asphalt concrete pavement around concrete crossing panels, including ramp ends 9) Provide asphalt grinding for exit gate loop installation and provide asphalt paving over exit gate loops
10) Provide new traffic controller for intersection and all associated conduits 11) Traffic signal implementation of Advance Preemption, including leading bench testing 12) Relocate any non-SCRRA utilities
65431.00105\40858464.1

EXHIBIT D

SCRRA SCOPE OF WORK & ESTIMATE
“RAILROAD WORK”
SCRRA Scope of Work:
1) Install Signal equipment
2) Adjust/relocate existing Railroad Signal related pull boxes 3) Install new vehicle gate arm on the NW CPUC No. 9
4) Install one (1) new CPUC No. 9Es (exit gates) for each approach 5) Install pedestrian gate and foundation, adjust existing vehicle gate if necessary 6) Install railroad Emergency Notification Sign on SE pedestrian gate 7) Install two (2) sets of additional ADA compliant crossing panels on east side of crossing 8) Replace 10 existing concrete crossing panels on the existing crossing 9) Railroad signal implementation of Advanced Preemption 10) Make necessary changes to SCRRA’s PTC System, including testing and implementation of revised subdivision files

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SCRRA Estimate:

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No. of
Months
Meeting
per
Month
Hours No. of
Persons
Total
Hours
1 a General Coordination 8 3 4 1 96 HR $250.00 $24,000.00 b Meetings 8 3 4 1 96 HR $250.00 $24,000.00
c Document Reviews (Work Windows, SSWP,
Construction Staging, RFI Support) 8 1 4 2 64 HR $250.00 $16,000.00 d Civil/Track General Inspection Services 8 4 10 1 320 HR $250.00 $80,000.00 Sub-Total 576 $144,000.00
2 a Senior Management 8 1 4 1 32 HR $250.00 $8,000.00
b Communications & Signal Department 8 1 12 1 96 HR $250.00 $24,000.00 c Contract Administration 8 1 2 1 16 HR $250.00 $4,000.00 d Public Affairs (includes public notices for test
trains) 8 1 4 1 32 HR $250.00 $8,000.00
Sub-Total 176 $44,000.00
3 a Track Inspection (track in/out service) &
Maintenance Support
1 LS $20,000.00 $20,000.00
b Track Rehabilitation for Crossing (Concrete
Panels, ties, tie plates)
100 FT $5,000.00 $500,000.00
Sub-Total $520,000.00
4 a Signal Construction Costs 1 LS $2,000,000.00 $2,000,000.00 b PTC Window Support & Cutover 1 LS $20,000.00 $20,000.00 c PTC Survey by SCRRA Contractor 1 LS $25,000.00 $25,000.00 d C&S Maintenance Contractor Support (for
windows, comm. system, fiber) 1 LS $40,000.00 $40,000.00 e C&S DSDC by SCRRA Signal Designer 1 LS $70,000.00 $70,000.00 f C&S CM Inspection by SCRRA Signal Designer 1 LS $200,000.00 $200,000.00 Sub-Total $2,355,000.00
5 a Safety Training by SCRRA Consultant 6 EA $1,500.00 $9,000.00 b SCRRA Cable Markings 8 DAYS $1,000.00 $8,000.00
c Flagging Services 130 SHIFTS $1,750.00 $227,500.00
d ROE Permitting (Admin) 2 EA $1,000.00 $2,000.00
Sub-Total $246,500.00
6 a Bus Bridge for Track Rehab 1 EA $25,000.00 $25,000.00 b Test Trains 2 EA $6,000.00 $12,000.00
Sub-Total $37,000.00
Sub-Total (Items A-F) $3,346,500.00
$334,650.00
$3,681,150.00
1 2
Task 3a
Task 4b/6b
Task 4d
Task 5a
Estimate of labor and equipment for SCRRA Signal Maintenaince Contractor to respond for signal maintenance during construction, as necessary.

Based upon 1 PTC work window.

Roadway Worker Protection trainings based upon 20 trainees per session.

Notes:

Contingency (10%)
The cost of the SCRRA services shown is an estimate only and CITY will reimburse SCRRA on the basis of actual costs and expenses.

CITY shall reimburse SCRRA the actual costs and expenses incurred by SCRRA and its contractors and consultants for all services and work performed in connection with this project, including an allocated overhead representing SCRRA’s costs for administration and management.

TOTAL ESTIMATED COST
Estimate of labor and equipment for SCRRA Track Contractor to respond for track maintenance during construction, if necessary; and after construction surface and restore track and ballast disturbed and or contaminated by construction activities to preconstruction condition.

NO.

Date
SCRRA Project No.

Project Name
Schedule
ITEM
861034
3-Oct-22

QUANTITY

UNIT UNIT COST TOTAL COST
Track Support Services
Miscellaneous
Communication & Signal Support Services
8 Months
Pacific & Bogart Traffic Signalization
Project Management
SCRRA Staff Support
Training / Flagging
65431.00105\40858464.1

EXHIBIT D-1
SCRRA FORM 6 – RIGHT OF ENTRY AGREEMENT & SCRRA

INSURANCE REQUIREMENTS

Please refer to the current SCRRA Form 6 – Right of Entry Agreement & SCRRA Insurance Requirements posted on Metrolink’s website using the following links:

SCRRA Form 6 – Right of Entry Agreement
https://metrolinktrains.com/globalassets/about/engineering/scrra-form-no-6-june-30-2021.pdf

65431.00105\40858464.1

EXHIBIT D-2
SCRRA FORM 37 – RULES & REQUIREMENTS FOR CONSTRUCTION ON

RAILWAY PROPERTY

Please refer to the current SCRRA Form 37 – Rules and Requirements for Construction on Railway Property posted on Metrolink’s website using the following links:

SCRRA Form 37 – Rules and Requirements for Construction on Railway Property https://www.metrolinktrains.com/globalassets/about/engineering/scrra_form_no_37.pdf

65431.00105\40858464.1

65431.00105\40858464.1

EXHIBIT D-4

SCRRA GRADE CROSSING GUIDELINES
Please refer to the current SCRRA Grade Crossing Guidelines posted on Metrolink’s website using the following links:

SCRRA Grade Crossing Guidelines
https://metrolinktrains.com/globalassets/about/engineering/scrra_grade_crossing_manual.pdf

STAFF REPORT
ITEM NO. _______14__________

TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: December 21, 2022
SUBJECT: Consider and Approve Amendment No. 4 to the Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance Related to the City’s Dial-A-Ride and Fixed Route Transit Program

SUMMARY
This item requests that the City Council consider and approve Amendment No. 4 to the Transit Services Agreement (TSA) with Southland Transit, Inc. (STI), for management of the City’s Transit Services and bus maintenance. The amendment will approve (1) a one-year extension of the current agreement; and (2) a compensation schedule based on a revenue service hourly rate in compensation due to increases in cost of doing business (COLA) and increases in fuel cost. Approval of this action will not have any impact on bus fares to the commuting public.

RECOMMENDATION
It is Staff’s recommendation that the City Council:

1. Approve Amendment No. 4 to the Transit Services Agreement with Southland Transit, Inc., and, Authorize the Mayor and City Clerk to execute the Amendment; and,

2. Authorize payment in the prorated amount of $157,812.76 for retroactive costs between August 18, 2022, and November 2022; and,

3. Authorize the Director of Public Works to execute necessary d ocumentation to allow program changes and solicit requests for qualifications prior to the expiration of the term; and,

4. Authorize the Director of Finance to make necessary budget adjustments.

FISCAL IMPACT
The approval of this action will have no impact on the City’s General Fund. The City’s Transit Program is funded through Propositions A and C local return revenue including an annual average credit of approximately $190,000 from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for program reporting through the National Transit Database (NTD). The funds available for the services are included in the FY 2022 -23 operations budget approved by the City Council on June 15, 2022.

Approved funds for FY2022-23 are as follows:

FY2022-23 Approved Funds Amount Available
Proposition A – Fixed Route and Dial-A-Ride operations $1,705,000 Proposition C – Fixed Route and Dial-A-Ride operations $151,000 Total Available Funds: $1,856,000

Estimated Costs Estimated Amount
FY2022-23 est. contract amount, including rate adjustments for Fixed Route and Dial-A-Ride. This also includes the prorated amount of $157,812.76. $1,752,000 Total Estimated Cost: $1,752,000

The proposed change in the revenue service hourly rate for FY 2022 -23 is $73.00 per hour. This is a

12.9% increase from the previous fiscal year. In addition, the proposed amendment allows an interim hourly rate of $79.00 per service hour to allow the City’s compressed natural gas (CNG) station to be brought into operation after vandalism repairs are completed. STI also provides fair box credits to offset cost of providing these services.

BACKGROUND
Southland Transit, Inc. (STI) has been the City’s transit service operator for nearly 30 years. Started as San Gabriel Valley Transit in 1994, Baldwin Park was one of its first clients. Over the years, thru various contract extensions, STI has continued providing bus services for Dial -A-Ride and Fixed Route operations. The existing contract renewal was approved by the City Council on June 5, 2013, where STI, was awarded a 5-year Professional Services Agreement with the option for two 2-year extensions and including the possibility of incremental increases in compensation for cost of living based on Consumer Price Index (CPI). Since then, the agreement has been amended three times. This item is requesting approval of a fourth amendment.

On March 15, 2017, City Council approved Amendment No. 1 which increased the hourly compensation rate over three years as a direct result of the changes in State of California minimum labor wage rates.

On June 20, 2018, the City Council approved Amendment No. 2 to the Agreement. The provisions of this amendment allowed for changes in the terms and conditions of the Agreement, so long as they were mutually agreed upon by both parties and subject to the maximum increase for Transit Services for each option period described in the Agreement. The amendment also extended the agreement term by two (2) years but did not include an automatic renewal.

On August 18, 2021, the City Council approved Amendment No. 3 to the agreement. The provisions of this amendment allowed for changes in the terms and conditions of the Agreement, so long as, they were mutually agreed upon by both parties and subject to t he maximum increase for Transit Services for each option period described in the Agreement. The amendment included an increase to the hourly service rate as well as eliminating the bus shelter advertising program. Additionally, the provisions required STI to submit in writing any proposed changes within a 90 -day window from the date of expiration. For this amendment STI did not submit the proposed changes withing the 90 -day window and had to negotiate terms.

The current agreement with STI expired on August 18, 2022. However, the City and STI have mutually agreed to continue with the prior agreement on a month -to-month basis and upon the same terms, pending this action. If approved, staff intends to solicit requests for qualifications (BPMC 34.38) prior to the expiration of this extension.

DISCUSSION
Currently, STI continued to provide transit services without an interruption in bus service operations, for the City’s Fixed-Route and Dial-A-Ride services on a month-to-month basis.

STI has experienced a 12.9% increase in operational expenses due to mini mum wage and payroll related costs, sharp increase in fuel costs and a significant labor shortage in bus operators which may be attributed to industry -wide impacts of the COVID -19 pandemic. Various transit service operator’s region-wide, including STI, have requested increases to the revenue service hourly rate. Some transit agencies are incentivizing drivers with signing bonuses, retention incentives, including higher pay.

Therefore, STI has struggled retaining bus drivers, which added to bus service delay s, resulting in

customer complaints.

The initial request by STI included a 12.9% increase in the revenue service hourly rate, and this rate does not include fueling. To accommodate the City’s predicament of not having an operational CNG fast-fill station in time for inclusion in the agreement, STI provided an interim revenue service hourly rate of $79.00. This rate will allow time for the existing CNG fast -fill station to be repaired and for the station to become operational. Once the CNG station is fully operational the City will provide 100% of the fueling cost and the hourly service rate will be reduced to $73.00.

If approved, the total anticipated costs for FY2022 -23 are estimated to be between $1,752,000 and $1,856,000 based on 24,000 service hours, with an amount not -to-exceed the budgeted amount of $1,856,000. The amendment will also compensate STI $157,812.76 retroactively to August 18, 2022, which is the date of the expiration for the existing contract. The amendment, however, will not increase bus fares to the commuting public. Prior to the end of the Agreement term, a transit service consultants will evaluate the City’s Transit Program through a study to better enhance the bus routes, promote the services, and increase ridership. Additionally, S TI will aid this effort by installing GPS real time -based monitoring, passenger counting and help obtain the data need for transit services study. Transit services study will be brought back as a separate item with recommendations for City Council consideration.

ALTERNATIVES

1. The City Council may choose not to approve Amendment No. 4 to the Transit Services Agreement with STI, however, not doing so may prompt STI to seek further good faith negotiations to eliminate certain services to offset the negative impact on the business of providing transit services.

2. The City Council may, at its discretion, direct Staff to solicit RFP’s and award a new contract agreement based on solicited service proposals; however, there may be an interruption to the current bus services should STI not be able to continue services.

3. Provide Staff with alternate direction.

CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “project s” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Amendment No. 4 to the Transit Services Agreement

2. Amendments 1 through 3 to the Transit Services Agreement

3. Transit Services Agreement

CITY OF BALDWIN PARK

FOURTH AMENDMENT TO THE

TRANSIT SERVICES AGREEMENT BETWEEN THE
CITY OF BALDWIN PARK & SOUTHLAND TRANSIT, INC.

1. PARTIES AND DATE.

This Fourth Amendment to the Transit Services Agreement ("Fourth Amendment") is entered into on the 21st day of December, 2022, by and between the City of Baldwin Park, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 14403 East Pacific Avenue Baldwin Park, CA 91706 ('iCity'') and Southland Transit, Inc., a Transit Services Provider, with its principal place of business at 3650 Rockwell Avenue, El Monte, CA 91706 ("Consultant" ). City and "Consultant" are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2. 1 Agreement. The Parties entered into a Transit Services Agreement dated June 5, 2013 ('
1 Agreement'') to provide transit services to the public for a 5-year term.

2.2 First Amendment The Parties entered into a First Amendment to the Agreement on March 15, 2017. The First Amendment increased the hourly compensation rate over three years as a direct result of the changes in State of California minimum labor wage rates .

2.3 Second Amendment The Parties entered into a Second Amendment to the Agreement on June 20, 2018. The Second Amendment extended the agreement term by two (2) years, but did not include an automatic renewal.

2.4 Third Amendment The Parties entered into a Third Amendment to the Agreement on August 18, 2021. The Third Amendment included an increase to the hourly service rate as well as eliminating the bus shelter advertising program. Additionally, the provisions required STI to submit in writing any proposed changes within a 90-day window from the date of expiration.

2.5 Fourth Amendment. The City and Service Provider have mutually agreed to amend the Agreement, as provided for in Section 2 to extend the Agreement term for a period of one (1) year retroactively from August 18, 2022, to August 18, 2023. In addition, City and Service Provider have mutually agreed to amend Exhibit B - Schedule of Compensation - of the Agreement to reflect increases in operational expenses due to minimum wage and payroll related costs, sharp increase in fuel costs and labor shortage in bus operators.

3. TERMS.

3.1 Amendment. Section .2 of the Agreement is hereby amended in its entirety to read as follows:

The Agreement shall continue for a term of one-year from August 18, 2022, expiring on August 18, 2023. The Agreement shall not automatically renew at the conclusion of the extended term. Should the Service Provider desire to continue to provide services and would like to negotiate a contract extension, it shall give written notice to City at least 90 65431.00007'40854899. l
days prior to the expiration of the amended term. The City, at its sole discretion shall determine approval of a contract extension, provided that any changes to the terms and conditions of the Agreement are mutually agreed upon by both parties.

3.2 Amendment. Change in Compensation
Remove TRANSIT SERVICES AGREEMENT Exhibit B - Schedule of Compensation table and replace it with the following table:

Transit Services Agreement Exhibit B - Schedule of Compensation ! Annual Service Current Rate l One Year Interim One Year Standard Description ! Hours l
Extended Rate* Extended Rate** ! 1
' Fixed Route i 15,280 $64.65 ' $90.33 $72.43 !
Dial-A-Ride I 8.720 $64.65 ' $90.33 $72.43 l
-~DJlU9LlQ!al __ J_, _____ 24,Q_Q.Q ___________ $1,551,600 ! Peruse --------------L·--------··-· ·----·--· ··---··--··!!J}l3i~.?_Q_ _______ *Interim Extended Rate. Until such time that the City-operated CNG station is operational the Service Hourly Rate shall be $90.33 inclusive of CNG Fuel costs. Service provider shall breakout CNG fuel quantity and cost on a separate line item and include it in the monthly billing invoice. Service Provider may be entitled to apply for Fuel Tax Credits while providing services under the interim extended rate for reporting purposes. **Standard Extended Rate. Upon service availability of the City-operated CNG station the Service Hourly Rate shall be adjusted to $72.43 excluding the costs for CNG fuel. The City shall provide Service Provider with a 30-day Notice to Proceed to commence fuel service at the CNG station. Service Provider will be setup to fuel at the City's CNG Station via an electronic fuel cost pass-through payment mechanism for fueling of the City's transit fleet exclusively. Service Provider shall keep record of fuel consumpt ion and submit summary report attached to the monthly billing invoice.

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
6543 J .OOOOT408 54899 . I

CITY OF BALDWIN PARK
ATTEST:

By:--------------­City Clerk
APPROVED AS TO FORM:

By: ____________ _
City Attorney
6543 l .OOOOT40854899. l
Southland Transit, Inc.

By :~~-­
J'C\':>o" Sl""\oW/ VP/LDD

STAFF REPORT
ITEM NO. _______15__________

TO: Honorable Mayor and Members of the City Council
FROM: Robert Lopez, Chief of Police
DATE: December 21, 2022
SUBJECT: Request for Authorization to Purchase eight (8) Motorola Solutions Apex 8000 P25 complaint portable radios

SUMMARY
This report seeks authorization from the City Council to purchase eight (8) Motorola Apex 8000 P25 compliant portable radios and accessories for the Police Department in the amount of $70,623.27

RECOMMENDATION
It is recommended that the City Council 1. Waive the formal bidding process for this purchase; and 2.

Authorize the Police Department to purchase the requested eight (8) Motorola radios and accessories; and 3. Authorize the Director of Finance to appropriate $67,518.00 from the State Hom eland Security Program Grant to account 271 -30-310-58110-17215, $3,105.27 from Federal Asset Forfeiture to account 205-30-310-58110-00000 and book the reimbursement to account 271-30-000-41312-17215; and 4. Authorize the Chief of Police, or his designee, t o complete all appropriate documentation to complete the purchase.

FISCAL IMPACT
There will be no impact to the General Fund. This purchase will utilize funds from an awarded 2020 State Homeland Security Program Grant in the amount of $67,518.00, and the remaining $3,105.27 balance will be funded by available Federal Asset Forfeiture funds.

BACKGROUND
In 2020, the City of Baldwin Park entered into a subrecipient agreement with the County of Los Angeles and was awarded $67,518.00 as part of the State Homeland Security Program grant. This grant authorized the purchase of new handheld P25 compliant radios for use by the Police Department. The County of Los Angeles will reimburse Subrecipient (City) up to the maximum grant amount of $67,518.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Lo s Angeles. The requested handheld portable radios will provide upgraded communications to personnel within the police department that is essential for the operational needs of all field personnel from all bureaus.

Locally, BPPD is a member agency of the East San Gabriel Valley Regional Communications Network Joint Powers Authority (ComNet JPA). This JPA is comprised of the Baldwin Park Police Department, as well as police agencies from Azusa, Covina, Glendora, Irwindale, La Verne, and West Covina.

ComNet, in turn, is a member of the Interagency Communications Interoperability (“ICI”) System, a much larger public safety telecommunications Joint Powers Authority, serving agencies across several counties in Southern California.

In December of 2021 the ICI, JPA entered into a 6-year service contract with Motorola Solutions. This

service contract is for the repair of Motorola Solutions manufactured equipment and select third -party manufactured equipment supplied by Motorola Solutions. Currently Baldwin Park, as well as all other members of the ICI Comnet Group, only use Motorola Solutions equipment.

ICI JPA’s entering into this service agreement allowed all member agencies to realize savings at scale that were not available individually. This agreement saves Baldwin Park over $7,000 per year.

This existing service agreement is only applicable to products produced by Motorola Solutions. Therefore, for the purpose of this purchase, Motorola Solutions is a sole source provider withing the meaning of City Ordinance 1457, as this is the only acceptable option.

ALTERNATIVES
Authorize the purchase.

Decline to authorize the purchase.

LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.

ATTACHMENTS

1. Quote from Motorola Solutions

2. Motorola Solutions sole source letter

3. 2020 SHSP Subrecipient Agreement

State Homeland Security Program
Subrecipient Agreement
Grant Year 2020

Between the

County of Los Angeles

and the

City of Baldwin Park

SUBRECIPIENT AGREEMENT

BETWEEN THE

COUNTY OF LOS ANGELES

AND THE

CITY OF BALDWIN PARK

THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the “County of Los Angeles”), and the City of Baldwin Park, a public agency (the “Subrecipient”).

W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number ) 97.067 – Homeland Security Grant Program directly to the California Governor’s Office of Emergency Services (Cal OES) for the 2020 SHSP, Federal Award Identification No. 037-00000 Federal Award dated October 23, 2020 with a performance period of September 1, 2020 to May 31, 2023. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and
WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2020 SHSP grant from Cal OES in the total amount of $10,593,612.00; and WHEREAS, the CEO now wishes to distribute 2020 SHSP grant funds to the Subrecipient in the amount of $67,518.00, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on July 20, 2021 authorized the CEO to prepare and execute this Agreement.

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

SECTION I

INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of , a public agency, having its principal office at .
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:

1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:

Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
[email protected]

Melissa Tarver
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-3338
Fax: (213) 687-3765
[email protected]

2. The representative of Subrecipient is:

Name and Title:

Organizational DUNS
Number
Address:

City/State/Zip:

Phone:

FAX:

Email:

With a copy to:

Name and Title:

Address:

City/State/Zip:

Phone:

FAX:

Email:

B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.

C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.

§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:

A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement.

Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.

B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.

C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.

D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.

SECTION II

TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2020 to February 28, 2023, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §502, below.

§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter “Budget,” for the 2020 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.

Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.

Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.

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

C. Subrecipient must review the Federal Debarment Listing at https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf prior to the
purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.

D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.

E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15
th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.

F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by 2 CFR Part 200, to CEO no later than March 31st (fiscal year ending June 30) or June 30th (fiscal year ending September 30) of the year following the reporting period.

G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one on- site visit during the term of this Agreement. Monitoring will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.

H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.

I. Subrecipient use of the Los Angeles Regional Interoperable Communication System’s Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.

J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People’s Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.gov/authorized-equipment-list
and the Funding Guidelines of
the 2020 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements for the 2020 SHSP can be found at Title 2 CFR Part 200.313.

Any equipment acquired or obtained with Grant Funds:

1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;

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

3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.

L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, “Equipment” is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the “Equipment” category of the Grant must also be listed on any required Equipment Listing.

1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

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

3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division.

The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.

4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.

5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.

M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.

N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

O. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraining.gov/frts/ .

P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep.

Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of the Agreement.

S. Pursuant to this Agreement, indirect costs are not reimbursable.

SECTION III

PAYMENT

§301. Payment of Grant Funds and Method of Payment

A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $67,518.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The

grant amount represents the amount allocated to Subrecipient in the 2020 SHSP Grant Award Letter from Cal OES.

B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.

For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.

For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.

For Planning reimbursements, Subrecipient must include a copy of the final tangible product.

C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301.A., above, will not be utilized. As provided in §502, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.

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

F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be

terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.

2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.

SECTION IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement

Each party's performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.

This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.

If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.

Applicable Federal or State requirements that are more restrictive will be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for

herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:

A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits

Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient’s performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.

Subrecipient must comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt.

Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement,

and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.

To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:

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

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

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father,

mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

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

D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.

E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.

F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.

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

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

I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must

substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

1. CFR
Subrecipient must comply with Title 2 CFR Part 200.

2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.

3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.

Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.

4. Political and Sectarian Activity Prohibited

None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.

Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly.

5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S.

Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient’s method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.

6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.

7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.

8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).

Subrecipient must, as applicable, comply with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7); the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874); the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §§1501-1508 and 7324-7328).

Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 U.S.C. §201) regarding wages and hours of employment.

None of the funds may be used to promote or deter union/labor organizing activities. CA Gov’t Code Sec. 16645 et seq.

9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age

Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.

These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).

Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation’s waters.

Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.

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

Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.

11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

12. Suspension, Debarment, Ineligibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the

execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

13. Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov’t Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

14. Lobbying Activities
Subrecipient must, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.

15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).

B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.

Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

Title 2 CFR Part 200; EO 12372; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1(e) and CCR Title 19, §§2445-2448.

Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).

Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.

1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient’s reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed.

Subrecipient’s total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including out- of-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.

Subrecipient’s administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient’s reimbursement rates may not exceed the amounts established under the grant.

C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's “Grant Assurances”. By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds

that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D.

Subrecipient will be liable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances.

Pursuant to this Agreement, Subrecipient shall execute the 2020 Certification of Grant Assurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.

To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.

D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. §412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated

2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.

B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.

C. Copyright Policy

1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a non- exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The State will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.

3. Subrecipient must comply with Title 24 CFR 85.34.

D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).

E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts.

§414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.

§415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority B usiness Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient’s contracts, including procurement, construction and personal services. This policy applies to all of the Subrecipient’s contractors and sub-contractors.

§416. Compliance with Fair Chance Employment Practices Subrecipient shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:

Conviction History. Subrecipient’s violation of this paragraph of the Agreement t may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.

§417. Method of Payment and Required Information
The County of Los Angles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.

Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https://directdeposit.lacounty.gov/
. Such electronic banking and related
information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption

to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.

SECTION V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.

The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.

§503.Amendments
Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301.A., above, or any extension of the performance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

SECTION VI

ENTIRE AGREEMENT

§601. Complete Agreement

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

§602. Number of Pages and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (26) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.

[Remainder of this page intentionally left blank]

IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.

COUNTY OF LOS ANGELES

BY _________ ________
FESIA A. DAVENPORT Date
Chief Executive Officer

BY __________________________ BY _________________

CELIA ZAVALA ARLENE BARRERA
Executive Officer, Board of Supervisors Auditor-Controller

APPROVED AS TO FORM

RODRIGO A. CASTRO-SILVA
County Counsel

BY__________________________
Deputy County Counsel

BY_____________________________ ________________________ __________________ City Representative/Title
(Signature) (Print Name) Date

APPROVED AS TO FORM

BY_____________________________ ________________________ __________________ City Attorney
(Signature) (Print Name) Date

ATTEST

BY_____________________________ ________________________ _________________ City Clerk (Signature) (Print Name) Date

EXHIBITS

Exhibit A Certification and Disclosure Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Drug-Free Workplace
Exhibit D Certification of Grant Assurances
Exhibit E Final Grant Award Letter and Project Worksheet

Exhibit F 2020 Notice of Funding Opportunity

Exhibit G Reimbursement Form and Instructions

Exhibit H Monitoring Instrument
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1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

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Federal Use Only: Authorized for Local Reproduction
Standard Form – LLL
B B A
✔
DepartmentofHomeland Security Homeland SecurityGrantProgram

97.067
CalOES2-232
County of Los Angeles
Chief Executive Office
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012

EXHIBIT A


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EXHIBIT A

EXHIBIT
B

CERTIFICATION

REGARDING

DEBARMENT,

SUSPENSION,

INELIGIBILITY
AND

VOLUNTARY

EXCLUSION
LOWER
TIER

COVERED

TRANSACTIONS
This
certification
is
requited
by
the
regulations
implementing
Executive
Order
12549,
Debarment
and
Suspension,
24 CFR
Part
24 Section

24.510,
Participants’
responsibilities.
(READ

ATTACHED

INSTRUCTIONS
FOR

CERTIFICATION
BEFORE

COMPLETING)

1. The
prospective
recipient
of
Federal
assistance
funds
certifies
that
neither
it
nor
its
principals
are
presently
debarred,
suspended,
proposed
for
debarment,
declared
ineligible,
or
voluntarily
excluded
from
participation
in
this
transaction
by
any
Federal
department
or
agency.

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

AGREEMENT
NUMBER

CONTRACTOR/BORROWER/AGENCYNAME
AND
TITLE
OF

AUTHORIZED

REPRESENTATIVE

SIGNATURE
DATE

EXHIBIT B

INSTRUCTIONSFORCERTIFICATION

1.Bysigningandsubmittingthisdocument,theprospectiverecipientofFederalassistance Isprovidingthecertificationassetoutbelow.

2.ThecertificationinthisclauseIsamaterialrepresentationoffactuponwhichreliance wasplacedwhenthistransactionwasenteredinto.Ifitislaterdeterminedthatthe prospectiverecipientofFederalassistancefundsknowinglyrenderedanerroneous certification,inadditiontootherremediesavailabletotheFederalGovernment,the departmentoragencywithwhichthistransactionoriginatedmaypursueavailable remedies,includingsuspensionandlordebarment.

3.TheprospectiverecipientofFederalassistancefundsshallprovideimmediatewritten noticetothepersontowhichthisagreementIsentered,Ifatanytimetheprospective recipientofFederalassistancefundslearnsthatitscertificationwas erroneous,when submittedorhasbecomeerroneousbyreasonofchangedcircumstances.

4.Theterms“coveredtransaction,”“debarred,”“suspended,”“ineligible,”“lowertier coveredtransaction,”“participant,”“person,””primarycoveredtransaction,”‘principal,” “proposal,”and“voluntarilyexcluded,”asusedinthisclause,havethemeaningssetout intheDefinitionsandCoveragesectionsofrulesimplementingExecutiveOrder12549.

5.TheprospectiverecipientofFederalassistancefundsagreesbysubmittingthisproposal that,shouldtheproposedcoveredtransactionbeenteredinto,itshallnotknowingly enterintoanylowertiercovetedtransactionwithapersonwhoisdebarred,suspended, declaredIneligible,orvoluntarilyexcludedfromparticipationonthiscovetedtransaction, unlessauthorizedbythedepartmentoragencywithwhichthistransactionoriginated.

6.TheprospectiverecipientofFederalassistancefundsfurtheragreesbysubmittingthis proposalthatitwillincludetheclausetitled“CertificationRegardingDebarment, Suspension,IneligibilityandVoluntaryExclusionLowerTierCoveredTransactions,” withoutmodification,inalllowertiercoveredtransactionsandinallsolicitationsforlower tiercoveredtransactions.

7.Aparticipantinacoveredtransactionmayrelyuponacertificationofaprospective participantinalowertiercoveredtransaction,unlessitknowsthatthecertificationis erroneous.Aparticipantmaydecidethemethodandfrequencybywhichitdetermines theeligibilityofItsprincipals.Eachparticipantmay,butisnotrequitedto,checktheList ofPartiesExcludedfromProcurementorNonProcurementPrograms.

6.Nothingcontainedintheforegoingshallbeconstruedtorequireestablishmentofa systemofrecordsinordertorenderingoodfaiththecertificationrequiredbythisclause.

Theknowledgeandinformationofaparticipantisnotrequitedtoexceedthatwhichis normallypossessedbyaprudentpersonintheordinarycourseofbusinessdealings.

9.ExceptfortransactionsauthorizedunderParagraph5oftheseinstructions,ifa participantInacoveredtransactionknowinglyentersintoalowertiercoveredtransaction withapersonwhoissuspended,debarred,ineligible,orvoluntaryexcludedform participationinthistransaction,inadditiontootherremediesavailabletothe Federal Government,thedepartmentoragencywithwhichthistransactionoriginatedmaypursue availableremedies,includingsuspensionand/ordebarment.

EXHIBIT B

Drug-Free Workplace Certification STD. 21 (Revised 7/2015)

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) , to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s poli cy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c) , that every employee who works on the proposed contract or subgrant:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or subgrant.

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.

OFFICAL’S NAME DATE EXECUTED

EXECUTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER

COUNTY OF LOS ANGELES

EXHIBIT C

Drug-Free Workplace Certification STD. 21 (Revised 7/2015)

STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the
(your agency)
accordingly provides this statement of compliance.

In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance with this directive, this statement is issued to meet this requirement.

The (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees. [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee’s worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is availa ble to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information.

It is the intent of the (your agency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement.[Section 8355(c)]

EXHIBIT C

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Go
vernment cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant
award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.

Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All a
ppropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

EXHIBIT D
GAVINNEWSOMMARKS.GHILARDUCCI

GOVERNORDIRECTOR
:‘
CalOES
;>1

GOVERNORSOFFICE

OFEMERGENCYSERVICES
October23,2020
FesiaA.Davenport
ActingChiefExecutiveOfficer
LosAngelesCounty
500WestTempleStreet,Room713
LosAngeles,CA90012-0000
SUBJECT:NOTIFICATIONOfSUBRECIPIENTSUBAWARDAPPROVAL
FiscalYear(FY)2020HomelandSecurityGrantProgram(HSGP)
Subaward#2020-0095,CalOESID#037-00000
SubawardPeriodofPerformance:09/01/2020-05/31/2023
DearMs.Davenport:

WearepleasedtoannouncetheapprovalofyourFY2020HSGPsubawardinthe amountof$10,593,612.Oncethecompletedapplicationisreceivedand approved,reimbursementofeligiblesubawardexpendituresmayberequested usingtheCaliforniaGovernor’sOfficeofEmergencyServices(CalOES)Financial ManagementFormsWorkbook.Failuretoprovidedocumentationinatimely mannercouldresultinaholdonfunding,pursuanttoTitle2,CodeofFederal Regulations(CFR),Sections200.338(a)and200.207(b)(1)-(2).

Thissubawardissubjecttorequirementsin2 CFR,Part200,includingtheNoticeof FundingOpportunity(NOFO),thePreparednessGrantsManual,theCalifornia SupplementtotheNOFO,andallapplicablefederal,state,andlocal requirements.Allactivitiesfundedwiththissubawardmustbecompletedwithin thesubawardperiodofperformance.

Subrecipientsmustobtainadditionalwrittenapprovalpriortoincurringcostsfor activitiessuchasaviation,watercraft,allowabilityrequestlogs,noncompetitive procurement,andprojectsrequiringEnvironmentalPlanningandHistoric Preservationreview.Additionally,allprojectsfallingundertheNationalPriority InvestmentJustificationsmustbereviewedandapprovedforeffectivenessbythe 3650SCHRIEVERAVENUE,MATHER,CA95655
.CalOES.ca.ov

EXHIBIT E
FesiaA.Davenport
October23,2020
Page2of2
FederalEmergencyManagementAgency(FEMA),priortotheobligation,and expenditureoffundsforthoseprojects.

YourorganizationwillberequiredtoprepareandsubmittheBiannualStrategy ImplementationReport(BSIR)toCalOESviatheFEMAGrantsReportingTool (GRT)semi-annuallyforthedurationofthesubawardperiodofperformanceor untilallactivitiesarecompletedandthesubawardisformallyclosed.Failureto submitrequitedreportscouldresultinsubawardreduction,suspension,or termination.Throughoutthesubawardcycle,milestonessetintheGRTwillbe usedasindicatorsofprojectfeasibility,performance,andgrantmanagement capacity.Thisinformationmayalsobeusedinassessingproposalsinfuturegrant opportunities.

AConditionalHoldhasbeenplacedonyoursubaward;fivepercentofthe subawardmustbeallocatedtoeachofthefourNationalPriorityInvestment Justificationsforatotaloftwentypercentoftheaward.Toreleasethishold, additionalinformationisrequiredfortheinvestmentsidentifiedwhichmustbe submittedintheDecember2020BSIRinamannerconsistentwithGrantsProgram DirectorateInformationBulletinNo.447.

Yourdatedsignatureisrequiredonthisletter.Pleasesignandreturntheoriginal toyourCalOESProgramRepresentativewithin20calendardaysuponreceipt andkeepacopyforyourrecords.Forfurtherassistance,pleasecontactyour CalOESProgramRepresentative.

Sincerely,
MARKS.GHILARDUCCI
Director
L1
202o
Date FesiaA.Davenport
LosAngelesCounty

EXHIBIT E
City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Project Title Funding
Source Discipline Solution Area Total Budgeted
006 LE P25 Radios HSGP-SHSP LE Equipment 67 518$
Total 67,518$
Project Ledger
9/1/2020
5/31/2023
Initial Application
2/15/2022

City of Baldwin Park Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022 Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No. Planning Activity Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category Final Product
Noncompetitive
Procurement
over $250K
Budgeted Cost
Planning

City of Baldwin Park Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022 Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No. Organization Funding
Source Discipline Solution Area
Sub-Category
Expenditure
Category Detail Certification on
File Budgeted Cost
Organization

City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.

Equipment Description (Include
Quantity) AEL # AEL Title Funding
Source Discipline Solution Area Sub
Category
Deployable /
Shareable
Noncompetitive
Procurement over
$250K
Hold Trigger Budgeted
Cost

6.10 10 P25 compliant portable
radios and accessories
06CP-01-PORT
06CP-03-PRAC
Radio Portable Accessories
Portable Radio HSGP-SHSP LE
Interoperable
Communications
Equipment
Deployable No No Hold
Indicated $ 67 518
5/31/2023
Equipment
Initial Application
2/15/2022
9/1/2020

City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Course Name Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category
Feedback
Number
Training
Activity
Total #
Trainee(s)
Identified
Host
Noncompetitive
Procurement EHP Hold EHP Approval Date Budgeted Cost
9/1/2020
5/31/2023
Training
Initial Application
2/15/2022

City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No. Exercise Title Funding
Source Discipline Solution Area Sub-
Category
Expenditure
Category
Date of
Exercise Exercise Type Identified Host
Date of AAR
entered into
HSEEP
Noncompetitive
Procurement
over $250K
EHP Hold Budgeted Cost
9/1/2020
5/31/2023
Exercise
Initial Application
2/15/2022

FY 2020 HSGP NOFO
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) NOTE: If you are going to apply for this funding opportunity and have not obtained a Data Universal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), please take immediate action to obtain a DUNS Number, if applicable, and then to register immediately in SAM. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information.

Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://www.grants.gov/web/grants/register.html.

A. Program Description

1. Issued By
Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

2. A
ssistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067

3. A
ssistance Listings Title (formerly CFDA Title)
Homeland Security Grant Program

4. Fundi
ng Opportunity Title
Homeland Security Grant Program
• State Homeland Security Program
• Urban Area Security Initiative
• Operation Stonegarden

5. Funding Opportunity Number
DHS-20-GPD-067-00-01

6. A
uthorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)

7. A
ppropriation Authority for Program
Department of Homeland Security Appropriations Act, 2020 (Pub. L. No. 116-93)

8. A
nnouncement Type
New

EXHIBIT F

FY 2020 HSGP NOFO

9. Program Overview, Objectives, and Priorities
Overview
The Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the Department of Homeland Security (DHS)/Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2020, there are three components of HSGP:
1) State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
2) Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Areas efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
3) Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada as well as states and territories with international water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG.

The 2018-2022 FEMA Strategic Plan creates a shared vision for reducing the risks posed by terrorism and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. HSGP supports the goals of Building a Culture of Preparedness and Readying the Nation for Catastrophic Disasters. We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient Nation, as preparedness is a shared responsibility and funding should support priorities that are most impactful and demonstrate the greatest return on investment.

Finally, for FY 2020, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other emerging threats to our national security. DHS and its homeland security mission were born from the “failures among federal agencies and between the federal agencies and state and local authorities to share critical information related to the threat of terrorism” prior to the September 11, 2001, attacks. 1 The
threat profile has changed in the last two decades – we now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, threats to our democratic election 1 Homeland Security Act of 2002: Report Together with Minority and Dissenting Views 222, Select Committee on Homeland Security: 107th Congress, U.S. House of Representatives (2002) (H. Rpt. 107-609).

EXHIBIT F

FY 2020 HSGP NOFO
process and threats from new and emerging technologies. But information sharing and cooperation between state, local, and tribal authorities and federal agencies, including all DHS officials, is just as vital, and perhaps even more vital, today. Therefore, for FY 2020, we have identified four priority areas, tied to some of the most serious threats that DHS would like to see addressed by state and local governments, that recipients will need to address with their HSGP funds. Perhaps most importantly, we will be focused on forging partnerships to strengthen information sharing and collaboration in each of these priority areas and looking for recipients to remove barriers to communication and cooperation with DHS and other federal agencies.

Objectives
The objective of the FY 2020 HSGP is to fund state, local, tribal, and territorial efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States.

Priorities
Given the evolving threat landscape, it is incumbent upon DHS/FEMA to continuously evaluate the national risk profile and set priorities that help ensure appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2020, four priority areas attract the most concern.

And due to the unique threats that the nation faces in 2020, DHS/FEMA has determined that these four priorities should be addressed by allocating specific percentages of HSGP funds to each of these four areas, for a total of 20 percent. The following are the four priority areas for FY 2020, along with the corresponding amount of HSGP funds that each recipient will be required to propose for each priority area in order to obtain a full allocation of HSGP funds:
1) Enhancing cybersecurity (including election security) – 5 percent 2) Enhancing the protection of soft targets/crowded places (including election security) – 5 percent;
3) Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS – 5 percent;
4) Addressing emergent threats (e.g., unmanned aerial systems [UASs], etc.) – 5 percent.

Failure by a recipient to propose investments and projects that align with these four priority areas and spending requirements may result in a recipient receiving a reduced grant award. DHS/FEMA may not award funding in excess of a recipient’s minimum allocation threshold2 to the extent that investments and projects do not align with these four priority areas.

A State or high-risk urban area may allocate the remaining 80 percent to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process.

Likewise, there are several enduring security needs that crosscut the homeland security enterprise, and to which that States should consider allocating funding across core capability gaps and national 2 The Homeland Security Act of 2002, as amended, allocates for each of the 50 States, the District of Columbia, and Puerto Rico

0.35 percent of the total funds appropriated for grants under section 2003 and section 2004 of the Act, and 0.08 percent for each of the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands).

EXHIBIT F

FY 2020 HSGP NOFO
priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:
1) Effective planning;
2) Training and awareness campaigns;
3) Equipment and capital projects; and
4) Exercises.

The table below provides a breakdown of the FY 2020 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual . DHS/FEMA
anticipate that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through other funding mechanisms.

FY 2020 SHSP & UASI Funding Priorities
Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
Cybersecurity
(including election
security)
• Cybersecurity
• Intelligence and
information sharing
• Safety and
security
• Cybersecurity risk assessments
• Projects that address vulnerabilities
identified in cybersecurity risk
assessments
o Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by CISA
o Cybersecurity training and planning
Enhancing the
Protection of Soft
Targets/ Crowded
Places (including
election security)
• Operational
coordination
• Public information
an
d warning
• Intelligence and
information sharing
• Interdiction and
disruption
• Screening, search,
and detection
• Access control and
identity verification
• Physical protective
measures
• Risk management for
protection programs
and activities
• Safety and
security
• Operational overtime
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment for
people and baggage
o Lighting
o Access controls
o Fencing, gates, barriers, etc.

Enhancing
information and
intelligence sharing
and cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Fusion center operations (Fusion Center
project will be required under this
investment, no longer as a stand-alon
e
i
nvestment)
• Information sharing with all DHS
components, fusion centers, and other
entities designated by DHS

EXHIBIT F

FY 2020 HSGP NOFO

• Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing Emergent
Threats, such as
Transnational
Criminal
Organizations and
UAS
• Interdiction &
disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Planning
• Public Information
and Warning
• Operational
Coordination
• Safety and
security
• Sharing and leveraging intelligence and
information
• UAS detection technologies
• Enhancing weapons of mass destruction
(WMD) and/or improvised explosive
device (IED) prevention, detection,
response and recovery capabilities
o Chemical Biological
Radiological Nuclear and
Explosive (CBRNE) detection,
prevention, response, and
recovery equipment
Enduring Needs
Planning • Planning
• Risk management for
protection programs
and activities
• Risk and disaster
resilience assessment
• Threats and hazards
identification
• Operational
coordination
• Community resilience
• Safety and
security
• Development of:
o Security Risk Management Plans
o Continuity of Operations Plans
o Response Plans
• Efforts to strengthen governance
integration between/among regional
partners
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Training &
Awareness
• Long-term
vulnerability
reduction
• Public information
and warning
• Operational
coordination
• Situational
assessment
• Community resilience
• Safety and
security
• Active shooter training
• Security training for employees
• Public awareness/preparedness campaigns
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Equipment & Capital
Projects
• Long-term
vulnerability
reduction
• Infrastructure systems
• Operational
communications
• Interdiction and
disruption
• Screening, search and
detection
• Access control and
identity verification
• Physical protective
measures
• Safety and
security
• Protection of high-risk, high-consequence
areas or systems that have been identified
through risk assessments
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment
for people and baggage
o Lighting
o Access Controls
 Fencing, gates,
barriers, etc.

EXHIBIT F

FY 2020 HSGP NOFO

Exercises • Long-term
vulnerability
reduction
• Operational
coordination
• Operational
communications
• Community
resilience
• Safety and
security
• Response exercises

Starting in FY 2020, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for each of the four national priorities identified above. Under the Cybersecurity investment and the Soft Target/Crowded Places investments one project for each of those two investments must be to support enhancing election security. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism.

DHS/FEMA also requires SHSP and UASI recipients (e.g., states, territories, and high-risk urban areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resources, can be found at https://www.fema.gov/national-preparedness-system.

Detailed
information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual.

FY 2020 OPSG Funding Priorities

Priority Areas Core Capabilities Lifelines Example Project Types National Priorities
Enhancing
information and
intelligence
sharing and
cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Participation in the DHS/ICE 287(g)
training program
• Information sharing with all DHS
components, fusion centers, and other
entities designated by DHS
• Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing
Emergent
Threats, such as
Transnational
Criminal
Organizations
• Interdiction & disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Safety and
security
• Operational overtime for border security
operations as directed by the applicable,
USBP-approved operations order
• Sharing and leveraging intelligence and
information

Starting in FY 2020, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses each of the two national priorities identified above.

EXHIBIT F

FY 2020 HSGP NOFO

10. Performance Metrics
Performance metrics for this program are as follows:

SHSP and UASI:
• Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above; and OPSG:
• Number of contacts that occurred as a result of OPSG deployments o Number of arrests that resulted from OPSG contacts
o Value of drug seizures that resulted from OPSG contacts

B. Federal Award Information
Award Amounts, Important Dates, and Extensions
Available Funding for the HSGP NOFO: $1,120,000,000
HSGP Programs FY 2020 Allocation
State Homeland Security Program $415,000,000
Urban Area Security Initiative $615,000,000
Operation Stonegarden $90,000,000
Total $1,120,000,000

SHSP Allocations

For FY 2020, DHS/FEMA will award SHSP funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted SHSP allocation ranges for each State based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. States are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded. Final award amounts will be based on DHS/FEMA’s evaluation of the effectiveness of proposed investments and projects.

Regardless of the amount of a State’s targeted SHSP allocation range, each State must include a separate investment for each of the four national priority areas identified in the Priorities section, above. The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the State’s targeted SHSP allocation in the table below. For the states that receive a target allocation in excess of the minimum, the percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

EXHIBIT F

FY 2020 HSGP NOFO

DHS/FEMA will allocate to each state and territory a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. The minimum allocation for all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico is 0.35 percent of the total funds appropriated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. The minimum allocation for the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) is 0.08 percent of the total funds appropriated for grants under Section 2003 and 2004 of the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocation or award.

Regardless of the final award amount, a state must invest SHSP funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

FY 2020 TARGET SHSP ALLOCATIONS

State/Territory

FY 2020 Allocation

State/Territory

FY 2020 Allocation
New York $59,174,400 - $73,968,000 Kentucky $4,287,500
California $49,608,800 - $62,011,000 Louisiana $4,287,500 Texas $15,839,200 - $19,799,000 Maine $4,287,500
Illinois $12,085,600 - $15,107,000 Minnesota $4,287,500 Florida $8,127,200 - $10,159,000 Mississippi $4,287,500 Virginia $7,076,800 - $8,846,000 Missouri $4,287,500
Georgia $4,600,000 - $5,750,000 Montana $4,287,500
Pennsylvania $7,076,800 - $8,846,000 Nebraska $4,287,500 Maryland $6,153,600 - $7,692,000 Nevada $4,287,500
New Jersey $6,153,600 - $7,692,000 New Hampshire $4,287,500 Washington $5,384,800 - $6,731,000 New Mexico $4,287,500 Massachusetts $5,384,800 - $6,731,000 North Dakota $4,287,500 Ohio $5,384,800 - $6,731,000 Oklahoma $4,287,500
North Carolina $4,423,200 - $5,529,000 Oregon $4,287,500 District of Columbia $4,423,200 - $5,529,000 Puerto Rico $4,287,500 Michigan $4,423,200 - $5,529,000 Rhode Island $4,287,500 Alabama $4,287,500 South Carolina $4,287,500
Alaska $4,287,500 South Dakota $4,287,500
Arizona $4,287,500 Tennessee $4,287,500
Arkansas $4,287,500 Utah $4,287,500
Colorado $4,287,500 Vermont $4,287,500
Connecticut $4,287,500 West Virginia $4,287,500
Delaware $4,287,500 Wisconsin $4,287,500
Hawaii $4,287,500 Wyoming $4,287,500
Idaho $4,287,500 American Samoa $1,000,000
Indiana $4,287,500 Guam $1,000,000
Iowa $4,287,500 Northern Mariana $1,000,000
Kansas $4,287,500 U.S. Virgin Islands $1,000,000
$415,000,000

EXHIBIT F

FY 2020 HSGP NOFO

UASI Allocations
Eligible candidates for the FY 2020 UASI program are identified in the table below. Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at https://www.census.gov/programs-

surveys/metro-micro.html. THIRA/SPR results do not impact grant allocation or award.

For FY 2020, DHS/FEMA will award UASI funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted UASI allocations for each high-risk urban area based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. Applicants are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded.

Final award amounts will be based on DHS/FEMA’s evaluation of the effectiveness of proposed investments and projects.

In its application, each high-risk urban area, through the State, must include a separate investment for each of the four national priority areas identified in the Priorities section, above.

The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the high-risk urban area’s targeted UASI allocation in the table below. The percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the high-risk urban area’s application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

Regardless of the final award amount, a high-risk urban area must invest UASI funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

EXHIBIT F

FY 2020 HSGP NOFO

FY 2020 TARGET UASI ALLOCATIONS

State/Territory Funded Urban Area FY 2020 UASI Allocation Arizona Phoenix Area $4,200,000 - $5,250,000

California
Anaheim/Santa Ana Area $4,200,000 - $5,250,000
Bay Area $30,000,000 - $37,500,000
Los Angeles/Long Beach Area $54,400,000 - $68,000,000
Riverside Area $2,800,000 - $3,500,000
Sacramento Area $2,800,000 - $3,500,000
San Diego Area $13,520,000 - $16,900,000
Colorado Denver Area $2,800,000 - $3,500,000
District of Columbia National Capital Region $41,400,000 - $51,750,000

Florida

Miami/Fort Lauderdale Area

$11,800,000 - $14,750,000
Orlando Area $2,800,000 - $3,500,000
Tampa Area $2,800,000 - $3,500,000
Georgia Atlanta Area $5,000,000 - $6,250,000
Hawaii Honolulu Area $2,800,000 - $3,500,000
Illinois Chicago Area $54,400,000 - $68,000,000
Louisiana New Orleans Area $2,800,000 - $3,500,000
Maryland Baltimore Area $3,400,000 - $4,250,000
Massachusetts Boston Area $13,520,000 - $16,900,000
Michigan Detroit Area $4,200,000 - $5,250,000
Minnesota Twin Cities Area $4,200,000 - $5,250,000
Missouri St. Louis Area $2,800,000 - $3,500,000
Nevada Las Vegas Area $4,200,000 - $5,250,000
New Jersey Jersey City/Newark Area $15,240,000 - $19,050,000 New York New York City Area $143,000,000 - $178,750,000 Oregon Portland Area $2,800,000 - $3,500,000
Pennsylvania Philadelphia Area $13,520,000 - $16,900,000 Pittsburgh Area $2,800,000 - $3,500,000

Texas
Dallas/Fort Worth/Arlington Area $13,520,000 - $16,900,000 Houston Area $19,680,000 - $24,600,000
San Antonio Area $2,800,000 - $3,500,000
Virginia Hampton Roads Area $2,800,000 - $3,500,000
Washington Seattle Area $5,000,000 - $6,250,000
Total $615,000,000

OPSG Allocations
For FY 2020, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2020 OPSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies

EXHIBIT F

FY 2020 HSGP NOFO

that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State’s application as described in Section D, below. The THIRA/SPR process is not required for OPSG.

For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence.

Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.

Threat and vulnerability are evaluated based on specific operational data from DHS/CBP.

Threat components present in each of the sectors are used to determine the overall threat score.

These components are terrorism, criminal aliens, drug trafficking organizations, and alien smuggling organizations.

Effectiveness of the proposed investments will be evaluated based on the recipient’s investment strategy, budget, collaboration, and past performance.

Period of Performance: 36 months
Extensions to the Period of Performance (PoP) are allowed. For additional information on PoP extensions, refer to the Preparedness Grants Manual
.

Projected Period of Performance Start Date: September 1, 2020 Projected Period of Performance End Date: August 31, 2023 Funding Instrument: Grant

C. Eligibility Information

1. Eligible Applicants
The State Administrative Agency (SAA) is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under the SHSP and OPSG through the SAA.

2. Eligibility Criteria
Eligible high-risk urban areas for the FY 2020 UASI program have been determined through

EXHIBIT F

FY 2020 HSGP NOFO

an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas.

In FY 2020, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and Federally recognized tribal governments in states bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.

In FY 2020, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and Federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county.

Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP.

3. Other Eligibility Criteria

National Incident Management System (NIMS) Implementation Prior to allocation of any Federal preparedness awards in FY 2020, recipients must ensure and maintain adoption and implementation of NIMS. Detailed information on NIMS requirements are in the Preparedness Grants Manual
.

Emergency Management Assistance Compact (EMAC) Membership In support of the Goal, SHSP recipients must belong to, be in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2020 HSGP funding must be readily deployable and NIMS-typed when possible to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers.

Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25 percent of grant funding appropriated for grants awarded under HSGP’s authorizing statute are used for law enforcement terrorism prevention activities. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 25 percent of the combined HSGP funds allocated under SHSP and UASI towards law enforcement terrorism prevention activities, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 25 percent LETPA allocation may be met by funding projects in any combination of the four national priority areas

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identified above and any other investments. And the 25 percent LETPA allocation is in addition to the 80 percent pass-through requirement to local units of government and tribes, referenced below.

The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator.

4. Cost Share or Match
There is no cost share or match requirement for the FY 2020 HSGP.

D. Application and Submission Information

1. Key Dates and Times

a. Application Start Date: February 14, 2020
b. Application Submission Deadline: April 30 15, 2020 at 5:00 p.m. ET

All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of the full application. DHS/FEMA will not review applications that are received after the deadline or consider them for funding. DHS/FEMA may, however, extend the application deadline on request for an applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, or other exigent or emergency circumstances.

Applicants experiencing technical issues must notify the FEMA Headquarters (HQ) Program Analyst prior to the application deadline. If applicants do not know their FEMA HQ Program Analyst or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at [email protected]
, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

c. Anticipated Funding Selection Date: No later than 7/1/2020

d. Anticipated Award Date: No later than 9/30/2020

e. Other Key Dates:

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FY 2020 HSGP NOFO
Event Suggested Deadline for Completion
Obtain DUNS Number 3/16/2020 3/1/2020
Obtain a valid Employer
Identification Number (EIN) 3/16/2020 3/1/2020
Update SAM registration 3/16/2020 3/1/2020
Submit the initial application in
Grants.gov 4/23/2020 4/8/2020
Submit the final application in ND
Grants 4/30/2020 4/15/2020, 5:00 p.m. ET

2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
See the Preparedness Grants Manual for information on requesting and submitting an application.

4. Steps Required to Submit an Application, Unique Entity Identifier, and System for Award Management (SAM)
To a
pply for an award under this program, all applicants must:
a. Apply for, update, or verify their Data Universal Numbering System (DUNS) Number from Dun & Bradstreet (D&B) and Employer ID Number (EIN)
b. In the application, provide a valid Data Universal Numbering System DUNS number, which is currently the unique entity identifier;
c. Have an account with login.gov;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov account;
a. Establish an Authorized Organizational Representative (AOR) in Grants.gov; b. Submit an initial application in Grants.gov;
g. Submit the final application in the Non-Disaster Grants (ND Grants) system and h. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency.

Applicants are advised that DHS may not make a federal award until the applicant has complied with all applicable DUNS and SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when DHS is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, DHS may determine that the applicant is not

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qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. See the Preparedness Grants Manual for additional information on the steps required to submit an application.

5. Electronic Delivery
DHS/FEMA is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS/FEMA requires applicants to submit their initial applications online through Grants.gov and to submit final
applications through ND Grants.

6. How to Register to Apply through Grants.gov
See the Preparedness Grants Manual for information on requesting and submitting an application.

7. How to Submit an Initial Application to DHS/FEMA via Grants.gov See the Preparedness Grants Manual for information on requesting and submitting an application.

8. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the Authorized Organizational Representative (AOR) role who submitted the application will also receive an acknowledgement of receipt, a tracking number (in this format: GRANTXXXXXXXX) from Grants.gov, and an Agency Tracking Number (in this format: EMX-2020-XX-XXXX) with the successful transmission of the initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. All applications must be received in ND Grants by 5:00 p.m. ET on April 30 15, 2020. Proof of timely submission is automatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.

9. Submitting the Final Application in Non-Disaster Grants System (ND Grants) After submitting the initial application in Grants.gov, eligible applicants will be notified by DHS/FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement but no later than seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their application.

In ND Grants applicants will be prompted to submit all of the information contained in the following forms. Applicants should review these forms before applying to ensure they have all the information required:
• Standard Form 424A, Budget Information (Non-construction); • Standard Form 424B, Standard Assurances (Non-construction); and • Standard Form LLL, Disclosure of Lobbying Activities.

In addition, applicants must submit copies of the following in ND Grants:
• Investment Justification (the Investment Justification Template may be found in the Related Documents Tab of the Grants.gov posting and used as a preparation tool; responses to questions in the Template are entered into the GRT);

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• List of Urban Area Working Group (UAWG) and Senior Advisory Committee (SAC) members;
• SAC charter;
• UAWG charter; and
• Indirect Cost Agreement, if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement. If the applicant is not required to have an indirect cost rate agreement but will charge indirect costs and is required to have an indirect cost rate proposal, the applicant must provide a copy of their indirect cost rate proposal with the application. See the section below on indirect costs for more information or contact the relevant Program Analyst or Grants Management Specialist for further instructions.

Applicants must submit copies of the following in ND Grants if applying for construction projects. The forms may be accessed in the Forms tab under SF-424 Family on Grants.gov
:
• Standard Form 424C, Budget Information (Construction); and • Standard Form 424D, Standard Assurances (Construction).

Applicants needing assistance registering for the ND Grants system should contact [email protected]
or (800) 865-4076, Monday through
Friday, 9 a.m. – 5 p.m. ET.

10. Content and Form of Application Submission
See the Preparedness Grants Manual for information on requesting and submitting an application.

HSGP Specific Application Instructions

Development of the Investment Justification (SHSP and UASI) As part of the FY 2020 HSGP application process for SHSP and UASI funds, applicants must develop formal investment justifications (IJs) that address the proposed investments. Failure to fulfill of all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the IJs in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations.

Each IJ must demonstrate how proposed investments:
• Support terrorism preparedness;
• Support closing capability gaps or sustaining capabilities identified in the community’s THIRA/SPR process; and
• Support the overcoming of existing logistical, technological, legal, policy, and other impediments to collaborating, networking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governments, as well as other regional, and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.

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Each IJ must explain how the proposed investments will support the applicant’s efforts to:
• Prevent a threatened or an actual act of terrorism;
• Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness; • Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
• Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.

Development of Investments and Projects (SHSP)
• Applicants must propose at least four and may include up to ten investments. • Required national priority investment justifications must include the name of the priority in the investment name for easy identification.
• Within each investment in their IJ, applicants must propose at least one project to describe the activities they plan to implement with SHSP funds. There is no limit to the number of projects that may be submitted.
• Of the proposed SHSP-funded investments, one single project, within the required intelligence and information sharing investment, must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop the fusion center projects below.
• Of the proposed SHSP-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments must be in support of enhancing election security.
• All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. The investment name must include the words “emergency communications” to easily identify any emergency communications investments.
• All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primary core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. Failure to fulfill of all of the terms contained in this section may be considered in the evaluation of the effectiveness of the IJs in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations. • FEMA encourages states to use any DHS provided assessments, such as those performed

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