Bell Gardens City Council
April 11, 2022

Exhibit 3 135

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.

Exhibit 3 136

§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 §411.0 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.

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§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 htt�as:// www.sam.gov/SAM/pales/public/search ecords/search.isf 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 (15t") 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 30t" (fiscal year ending September 30) of the year following the reporting period.

Exhibit 3 138

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 hops:/f www.fema.govfauthorized® 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;

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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, 0) 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.

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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.firstresaondertraininq v/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_hops:// www.fema.� ov/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$14,185.00 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

Exhibit 3 141

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

Exhibit 3 142

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

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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 htt�s:ff www.iustice.govfcrt .

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,

Exhibit 3 144

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,

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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

Exhibit 3 146

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

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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.

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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 sea.

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

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Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) 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 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.

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

Subrecipient 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).

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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

Exhibit 3 151

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 19907 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)7 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. 89-5447 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.

Exhibit 3 152

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

Exhibit 3 153

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

Exhibit 3 154

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, 12/22/877 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.

Exhibit 3 155

§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 Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts, including procurement, construction and personal services. This policy applies to all of the Subrecipient's contractors and sub-contractors. §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 h ps://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

Exhibit 3 156

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

Exhibit 3 157

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]

Exhibit 3 158

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

Exhibit 3 159

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
Exhibit 3 160

EXHI IT A
Cal OES 2-232
Approved by OMB 0348-0046

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

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

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub-grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,"RFP-DE-90-001."

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

Disclosure of Lobbying Activities-Cal OES 2-232(Revised 7/8/2013) Exhibit 3 161
Pagel of 4

EXHI IT A
Cal OES 2-232
Approved by OMB 0348-0046

10. (a.) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b.) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

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

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

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

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

Disclosure of Lobbying Activities-Cal OES 2-232(Revised 7/8/2013) Exhibit 3 162

EXHI IT A
Cal OES 2-232
Approved by OMB 0348-0046

DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

Ela. contract El a. bid/offer/application El a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee Year Quarter
f. loan insurance
date of last report

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

County of Los Angeles
Prime ✓�� Subawardee Chief Executive Office
500 West Temple Street, Room B-79-2
Tier, if known: Los Angeles, CA 90012
Congressional District, if known: Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

Department of Homeland Security Homeland Security Grant Program CFDA Number, if applicable: 97.067

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual,last name,first name, MI): (last name,first name,MI-include address if different from 10a) (attach Continuation Sheet(s)SF-LLL-A,if necessary)

11.Amount of Payment(check all that apply) 13.Type of Payment(check all that apply):

Actual Planned a. retainer

12. Form of Payment(check all that apply): J b. one-time fee a. cash c. commission
b. in-kind; specify: d. contingent fee
J' e. deferred
nature value
f. other; specify:

14. Brief Description of Services Performed or to be Performed and Date(s)of Service, including officer(s),employee(s),or Member(s)contacted,for Payment indicated in item 11: (attach Continuation Sheet(s)SF-LLL-A,if necessary)

15. Continuation Sheet(s)SF-LLL-A attached: J Yes !) No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. Signature:

This disclosure of lobbying activities is a material representation of fact upon which Name:
reliance was placed by the tier above when this transaction was made or entered into.

This disclosure is required pursuant to 31 U.S.C. 1352. This information will be Title:
reported to the Congress semi-annually and will be available for public inspection. Any Telephone:
person who fails to file the required disclosure shall be subject to a civil penalty of not (area code) less than$10,000 and not more than$100,000 for each such failure. Date:

Federal Use Only: Authorized for Local Reproduction Standard Form—LLL
Exhibit 3 Disclosure of Lobbying Activities-Cal OES 2-232(Revise -ft/2013)

EXHI IT A
Approved by OMB 0348-0046

DISCLOSURE OF LOBBYING ACTIVITIES

CONCONTINUATION SHEET
Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity:

Last Name First Name MI
Address City Zip
Last Name First Name MI
Address City Zip
Last Name First Name MI
Address City Zip
Last Name First Name MI
Address City Zip
Continuation of 14: (additional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11:

Authorized for Local Reproduction
Standard Form—LLL-A
Exhibit 3 Disclosure of Lobbying Activities-Cal OES 2-232(ReviseV*8/2013)

EXHIBIT B

CERTIFICATION REGARDING

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE

COMPLETING)

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

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

AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENC m
Y
NAME AND TITLE OF AUTHORIZED -R EPRE E—PRE S�.EE,., -A

NTATIVE
SIGNATURE DATE
Exhibit 3 165

EXHIBIT B

INSTRUCTIONS FOR CERTIFICATION

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

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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

4. The terms"covered transaction, "debarred," "suspended," "ineligible,""lower tier covered transaction," "participant," "person,""primary covered transaction,"'principal," "proposal,"and"voluntarily excluded,"as used in this clause, have the meanings set out In the Definitions and Coverage sections of rules Implementing Executive Order 12549.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation on this covered transaction, unless authorized by the department or agency with which this transaction originated.

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

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,check the List of Parties Excluded from Procurement or Non Procurement, Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and Information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

Exhibit 3 166

EXHIBIT C

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 policy 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

COUNTY OF LOS ANGELES

EXECUTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER
Drug-Free Workplace Certification STD. 21 (Revised 7/2015) Exhibit 3 167

EXHIBIT C

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 available 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 (youragency) 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)]
Drug-Free Workplace Certification STD. 21 (Revised 7/2015) Exhibit 3 168

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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
Government 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 3 169

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 orwill 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 3 170

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 3 171

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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. Partl 00. 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;
Q) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

Exhibit 3 172

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 complywith equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(1) 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 §§ 21 000- 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 3 173

EXHIBIT D
1"U " Cal' OES

OF IEMIERGEINNCW SERVICES
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 1 1988;
(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); 0) 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.);
(I) 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 3 174

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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.0 §§ 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 3 175

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 Traffickinq 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 othernon-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 3 176

EXHIBIT D
1"N' Cal' OES
1 � OO'VE;IRNOR'$ OFFICE

OF IEMIERGEINNCW SERVICES
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 3 177

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 collectPll 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 3 178

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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. § 41 102) 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. § 401 18) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31 , 1981 , amendment to Comptroller General Decision 13- 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 3 179

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 3 180

EXHIBIT D
1"N' Cal' OES

OF IEMIERGEINNCW SERVICES
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 3 181

EXHIBIT D
1"U " Cal' OES
1 � OO'VE;IRNOR'$ OFFICE

OF IEMIERGEINNCW SERVICES
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 appropriate 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/fyl 5-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 3 182

EXHIBIT E
GAVIN NEWSOM MARK S. GHILARDUCCI
GOVERNOR DIRECTOR
.w
i u, 1pOFFICE
F E14ERGENCY SERVICES
October 23, 2020
Fesia A. Davenport
Acting Chief Executive Officer
Los Angeles County
500 West Temple Street, Room 713
Los Angeles, CA 90012-0000
SUBJECT: NOTIFICATION OF SUBRECIPIENT SUBAWARD APPROVAL Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) Subaward #2020-0095, Cal OES ID#037-00000
Subaward Period of Performance: 09/01/2020-05/31/2023
Dear Ms. Davenport:

We are pleased to announce the approval of your FY 2020 HSGP subaward in the amount of $10,593,612. Once the completed application is received and approved, reimbursement of eligible subaward expenditures may be requested using the California Governor's Office of Emergency Services (Cal OES) Financial Management Forms Workbook. Failure to provide documentation in a timely manner could result in a hold on funding, pursuant to Title 2, Code of Federal Regulations (CFR), Sections 200.338(a) and 200.207(b)(1)-(2).

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), the Preparedness Grants Manual, the California Supplement to the NOFO, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the subaward period of performance.

Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, allowability request logs, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Additionally, all projects falling under the National Priority Investment Justifications must be reviewed and approved for effectiveness by the ..................
�+-•EM. 3650 SCHRIEVER AVENUE, MATHER, CA 95655
.CalO .c ov
Exhibit 3 183

EXHIBIT E
Fesia A. Davenport
October 23, 2020

Federal Emergency Management Agency (FEMA), prior to the obligation, and expenditure of funds for those projects.

Your organization will be required to prepare and submit the Biannual Strategy Implementation Report (BSIR) to Cal OES via the FEMA Grants Reporting Tool (GRT) semi-annually for the duration of the subaward period of performance or until all activities are completed and the subaward is formally closed. Failure to submit required reports could result in subaward reduction, suspension, or termination. Throughout the subaward cycle, milestones set in the GRT will be used as indicators of project feasibility, performance, and grant management capacity. This information may also be used in assessing proposals in future grant opportunities.

A Conditional Hold has been placed on your subaward; five percent of the subaward must be allocated to each of the four National Priority Investment Justifications for a total of twenty percent of the award. To release this hold, additional information is required for the investments identified which must be submitted in the December 2020 BSIR in a manner consistent with Grants Program Directorate Information Bulletin No. 447.

Your dated signature is required on this letter. Please sign and return the original to your Cal OES Program Representative within 20 calendar days upon receipt and keep a copy for your records. For further assistance, please contact your Cal OES Program Representative.

Sincerely,
MARK S. GHILARDUCCI
Director
All
Fesia A. Davenport Date
Los Angeles County
Exhibit 3 184

................................ ................................................................................

Project Ledger
City of Bell Gardens Ledger Type I rt I Appl:
!c5r!orl..........

FY 2020 State Home Security Program(SHSP)Projects
Grant S,b--d 2020-0095
Cal ES ID 037-00000 POP Start Date 9%1/2020
POP End Date 5,/31/2023
............. ...................... ........

Project Project Tile Funding Discipline Solution Total No. Source
.................................................................................................................................................................................................................... ........ 052LE Armed
FE Exerc t.............................................................................................................................. 2Qt�etl Shooter Exerclse
Total $ 14,185

Exhibit 3 185

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

Exhibit 3 186

......................
------------Organizatio-n------------------------------- City of Bell Gardens Ledger Type
FY 2020 State Home Security Program(SHSP)Projects Date 2/15/2022 ion Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Rate
---------------------­ -
Project Organization Funding Discipline Solution Area Expenditure Detail Certification on Budgeted Cost No. Source Sub-Category Category File ........... ................................................................................................................. .....................­-------------------- ................... .............................

Exhibit 3 187

City of Bell Gardens Ledger Type Initial Application FY 2020 State Home Security Program(SHSP)Projects Date Y/15[Y022 Grant Subaward:2020-0095
Cal CES ID:037-00000 POP Start Date 9/l/2020 POP End Date 5/31/2023
Noncompefil
��,�ectEqma[ft Description(Include AEl# 1 AEi TBIe Fund'v+g $Olution Area Sub Deplgyab'0 procumentaver Hold Trigger Budgeted - Quantity) +. Source Category Shareable ?bUR 'Cost

Exhibit 3 188

.., .. .., .., .. .., .. .., Training.. .. .., .. .., .., .. .., ..

City of Bell Gardens Hedger Type Initial Appl cat on c�r
FY 2020 State Home Sety Program(SHSP)Projects DNe 2/15/2022, Grant S,bavwrtl:2D2D DD95 ry
CaI OES ID:D,7 DDDDD POPStatDate 9/I/2020 J POP End Date 5/31/2023
Prged Funding Solt Area Sub E p ndture Feedback Training Total Or Identified N p fit ve Course Name S Duc pl ne EHP Hold EHP Approval Date Budgeted Cost No rce C t gory � Category Number A trlty Tra ne(s) Hod Procurement

Exhibit 3 189

-------------------------------------------------------- ercise
City of Bell Gardens
FY 2020 State Home S...,ity Program(SHSP)Projects F.'I Granf S,b.,.d 2—DD9
S
C.1 OES ID 037 DDDDD op����
�PO—P E
FundingSolution Area Sub- Expenditure Date of Date of AAR Noncompetitive Project E..,.i-Title S..,_ Discipline E..,.im Type Identified Host entered into Procurement EHP Hold Budgeted Cost No. 'p Category Category E..,.i s. HSEEP S250K 52,12 N,,.d A,fi—Shooter HSGP SHSP 4LEC.,d,,t/E,.I,.t. OI/B.,k" F�II Scale 14,115

Exhibit 3 190

EXHIBIT F
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=obtained a Data Universal Numbering System (DUNS) number and/or are no 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: hLtp:// www.grants.gov/web/grants/register.htinl .

A. Program Description

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

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

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

4. Funding 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. Authorizing 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. Appropriation Authority for Program
Department ofHomeland Security Appropriations Act, 2020(Pub. L. No. 116-93)

8. Announcement Type
New
Exhibit 3 Page 499f 41
FY 2020 HSGP NOFO

EXHIBIT F

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.'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 3 Page?f 41
FY 2020 HSGP NOFO

EXHIBIT F
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 threshold 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 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 3 Page?cjy 41
FY 2020 HSGP NOFO

EXHIBIT F
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 • Safety and • Cybersecurity risk assessments Cybersecurity • Intelligence and security • Projects that address vulnerabilities (including election information sharing identified in Cybersecurity risk security) assessments
o Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by CISA
o Cybersecurity training and planning
Enhancing the • Operational • Safety and • Operational overtime Protection of Soft coordination security • Physical security enhancements Targets/Crowded • Public information o Security cameras(CCTV) Places(including and warning o Security screening equipment for election security) • Intelligence and people and baggage information sharing o Lighting
• Interdiction and o Access controls
disruption o Fencing,gates,barriers,etc.
• Screening,search,
and detection
• Access control and
identity verification
• Physical protective
measures
• Risk management for
protection programs
and activities
Enhancing • Intelligence and • Safety and • Fusion center operations(Fusion Center information and information sharing security project will be required under this intelligence sharing investment,no longer as a stand-alone and cooperation with investment)
federal agencies, • Information sharing with all DHS including DHS components,fusion centers,and other entities designated by DHS
Exhibit 3 Page Jg4f 41
FY 2020 HSGP NOFO

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• 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 designatedby
DHS
Addressing Emergent • Interdiction& • Safety and • Sharing and leveraging intelligence and Threats,such as disruption security information Transnational • Screening,search and • UAS detection technologies Criminal detection • Enhancing weapons of mass destruction Organizations and • Physical protective (WMD)and/or improvised explosive UAS measures device(IED)prevention,detection, • Intelligence and response and recovery capabilities information sharing o Chemical Biological
• Planning Radiological Nuclear and
• Public Information Explosive(CBRNE)detection, and Warning prevention,response,and
• Operational recovery equipment
Coordination
Enduring Needs
Planning • Planning • Safety and • Development of:
• Risk management for security o Security Risk Management Plans protection programs o Continuity of Operations Plans and activities o Response Plans
• Risk and disaster • Efforts to strengthen governance resilience assessment integration between/among regional • Threats and hazards partners
identification • Joint training and planning with DHS • Operational officials and other entities designated by coordination DHS
• Community resilience • Cybersecurity training and planning Training& • Long-term • Safety and • Active shooter training Awareness vulnerability security • Security training for employees reduction • Public awareness/preparedness campaigns • Public information • Joint training and planning with DHS and warning officials and other entities designated by • Operational DHS
coordination • Cybersecurity training and planning • Situational
assessment
• Community resilience
Equipment&Capital • Long-term • Safety and • Protection of high-risk,high-consequence Projects vulnerability security areas or systems that have been identified reduction through risk assessments
• Infrastructure systems • Physical security enhancements • Operational o Security cameras(CCTV)
communications o Security screening equipment
• Interdiction and for people and baggage
disruption o Lighting
• Screening,search and o Access Controls
detection Fencing,gates,
• Access control and barriers,etc.
identity verification
• Physical protective
measures
Exhibit 3 Page�9,4,f 41
FY 2020 HSGP NOFO

EXHIBIT F
Exercises • Long-term • Safety and • Response exercises vulnerability security
reduction
• Operational
coordination
• Operational
communications
• Community
resilience
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 �fifi s:://www. `ema. caw/t�ati�at�al re are ���e��..�s stem. 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 • Intelligence and • Safety and • Participation in the DHS/ICE 287(g) information and information sharing security training program intelligence • Information sharing with all DHS sharing and components,fusion centers,and other cooperation with entities designated by DHS
federal agencies, • Cooperation with DHS officials and other including DHS entities designated by DHS in
intelligence,threat recognition and
analysis
• Joint training and planning with DHS
officials and other entities designatedby
DHS
Addressing • Interdiction&disruption • Safety and • Operational overtime for border security Emergent • Screening,search and security operations as directed by the applicable, Threats,such as detection USBP-approved operations order Transnational • Physical protective • Sharing and leveraging intelligence and Criminal measures information
Organizations • Intelligence and
information sharing
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 3 Page%,�f 41
FY 2020 HSGP NOFO

EXHIBIT F

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

SHSP and UASL
• 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
State Homeland Security Program $415,000,00
Urban Area Security Initiative $615,000,00
Operation Stonegarden $90,000,00
Total 1,120,000,00
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 3 Page?041
FY 2020 HSGP NOFO

EXHIBIT F
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
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 • • • • • •
Exhibit 3 Page. 441
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EXHIBIT F
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/i)ro� zrams- surveys/metro-micro.htm1. 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 of2002, 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 3 Page?cyj41
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FY 2020 TARGET UASI ALLOCATIONS
lin• • • i ! : 111s • • s s • • Arizona Phoenix Area $4,200,000-$5,250,000 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 California 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 Miami/Fort Lauderdale Area $11,800,000-$14,750,000
Florida 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 Philadelphia Area $13,520,000-$16,900,000
Pennsylvania Pittsburgh Area $2,800,000 -$3,500,000 Dallas/Fort Worth/Arlington Area $13,520,000-$16,900,000 Texas 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 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 3 Page !2�gf 41
FY 2020 HSGP NOFO

EXHIBIT F
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 3 Page �W41
FY 2020 HSGP NOFO

EXHIBIT F
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 Exhibit 3 Page !2�_qf 41
FY 2020 HSGP NOFO

EXHIBIT F
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. Annlication and Submission Information

1. Key Dates and Times
a. Application Start Date: February 14, 2020
b. Application Submission Deadline: April 30 4-5, 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 askcsid(&_ fema.dhs.gov, Monday through Friday, 9:00 a.m. —5:00 p.m. ET. c. Anticipated Funding Selection Date: No later than 7/l/2020 d. Anticipated Award Date: No later than 9/30/2020 e. Other Key Dates:

Exhibit 3 Page 1�jf 41
FY 2020 HSGP NOFO

EXHIBIT F
Event Suggested Deadline for Completion
Obtain DUNS Number 3/16/2020 34
Obtain a valid Employer 3/16/2020 3 0
Identification Number EIN
Update SAM registration 3/16/2020 3 0
Submit the initial application in 4/23/2020 4 4 020
Grants.gov
Submit the final application in ND 4/30/2020 4454020, 5:00 p.m. ET Grants

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 apply 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 Exhibit 3 Page l b$f 41
FY 2020 HSGP NOFO

EXHIBIT F
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.ggj
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 30-14, 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 theGRT); Exhibit 3 Page l bqf 41
FY 2020 HSGP NOFO

EXHIBIT F
• 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 nduants(&_ fema.zov 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 (Us)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 Us 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.

Exhibit 3 Page 1 bef 41
FY 2020 HSGP NOFO

EXHIBIT F
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 Us 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 Exhibit 3 Page 16?f 41
FY 2020 HSGP NOFO

EXHIBIT F
by DHS's Protective Security Advisors and Cybersecurity Advisors,when developing their investment justifications.

Priority Investments(SHSPI
States are encouraged to review the Strategic Framework for Countering Terrorismand Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the state's cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP grant awards will be required to complete the 2020 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2020 NCSR will be open from October—December 2020.
• The NCSR is an annual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. • Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see Information Bulletin 439.

In January 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation's elections as critical infrastructure. This designation recognizes that the United States' election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation's election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state's efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency, Exhibit 3 Page l bgf 41
FY 2020 HSGP NOFO

EXHIBIT F
Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers,parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the state's efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments in order to receive a full allocation of SHSP funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Securit Agency. States are encouraged to engaged DHS' Protective Security Advisors' security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding.

As noted above, given the importance of the Nation's election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state's efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security A
Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of,preparation for,protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the state's efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they Exhibit 3 Page l!&f 41
FY 2020 HSGP NOFO

EXHIBIT F
will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws,policies, and practices that prevent information sharing. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Additional resources and information regarding collaboration and information sharing are available through the Department's Office of Intelligence and Analysis.

Emerging Threats Investment Justification (5 percent)
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies,rogue nations and no-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the state's efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity and Infrastructure Securitv Agency.

Development of Investments and Projects (UASI)
• Applicants must propose at least four and may include up to ten investments. • Within each investment in their U, Urban Areas must propose at least one project to describe the activities they are planning to implement with UASI funds. There is no limit to the number of projects that may be submitted.
• Required national priority Us must include the name of the priority in the investment name for easy identification.
• Of the proposed projects, Urban Areas are required to propose one single project, as part of the required intelligence and information sharing investment justification, in support of a designated fusion center within the Urban Area,if applicable. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop fusion center investments below. • Of the proposed UASI-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments,must be in support of enhancing election security.

Exhibit 3 Page 2N Uf 41
FY 2020 HSGP NOFO

EXHIBIT F
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/SPRprocess Priority Investments -UASI
High-risk urban areas are encouraged to review the SfrateLic Framework for Countering Terrorism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the urban area's cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI and SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastructure and core capabilities as they relate to preventing,preparing for,protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP awards will be required to complete the 2020 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2- 3 hours to complete. The 2020 NCSR will be open from October—December 2020.
• The NCSR is an annual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. • Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR,please see Information Bulletin 439.

Exhibit 3 Page �II ref 41
FY 2020 HSGP NOFO

EXHIBIT F
In January 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation's elections as critical infrastructure. This designation recognizes that the United States' election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation's election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state's efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security Agency, Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to enhance security of locations such as transportation centers,parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the urban area's efforts to protect soft targets/crowded places. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for soft targets/crowded places and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency.

As noted above, given the importance of the Nation's election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state's efforts to enhance election security. Additional resources and information regarding election security are available through the C be�ity and Infrastructure Security A
Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is Exhibit 3 Page F,_9f 41
FY 2020 HSGP NOFO

EXHIBIT F
critical to homeland security operations and the prevention of,preparation for,protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, at least one investment must be in support of the urban area's efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws,policies, and practices that prevent information sharing.

Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding collaboration and information sharing are available through the Department's Office of Intelligence and Analysis.

Emerging Threats Investment Justification (5 percent)
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies,rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in support of the urban area's efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI funds. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cvbersecurity and Infrastructure Security Amy.

Development of Fusion Center Projects (SHSP and UASI)
If applicable, each applicant must identify a fusion center project that will:
• Indicate alignment to a designated Fusion Center.
• Provide both a brief narrative description and funding itemization for the proposed project activities that directly support the designated fusion center. • The descriptive narrative and the financial itemization should align improvement or sustainment requests with fusion center activities as they relate to the Fusion Center Performance Measures found in the Preparedness Grants Manual.

Exhibit 3 Page J�If 41
FY 2020 HSGP NOFO

EXHIBIT F
• If the project description and funding itemization do not directly support the fusion center or clearly align to the Fusion Center Performance Measures,then the project may be conditionally approved until a Fusion Center Addendum is submitted.

Sample Fusion Center Funding Itemization
A sample project description and funding itemization are below. For the itemized projects, clearly identify the anticipated fusion center performance improvement or sustainment as a result of the proposed funding.

The X Fusion enhancement project will fund:
• Salaries, benefits, and training for X number ofFusion Center intelligence analysts • Travel costs associated with fusion center analyst training. • This project will directly sustain the Center's current capabilities and performance and directly aligns with performance measures 2020.XXX.
• We anticipate seeing an improvement in the quality and quantity ofanalytic production and responses to requests for information as a direct result of the funding of this project.

The funding itemization for a fusion center project should include the amount and percent of each relevant solution area. As an example:

Solution Area and Amount of Proposed Percent of Proposed Funding Funding
Planning: $10,000.00 2%
Organization: $200,000 48%
Equipment: $200,000 48%
Training: $10,000 2%
Exercises: $0 0%
Total: $420,000 100%
Completing IJs in the Grant Reporting Tool (GRT) (SHSP and UASI) In the Related Documents section of the Grants.gov posting, applicants can find the IJ template and instructions for collecting the required information for investments and projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov posting to assemble the information required for each project, which will facilitate the input of that information into the GRT.

Development of Concept of Operations for OPSG
As part of the FY 2020 OPSG application process, each eligible local unit of government at the county or Federally recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/Application,which is a formal proposal of action to address a specific situation and forms the basis for Operations Orders, in coordination with state and Federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs that are developed at the county level should be inclusive of city, county, tribal, and other local law enforcement agencies that are eligible to participate in OPSG operational activities, and the CONOP/Application should describe participating agencies in the Executive Summary.

CONOP/Application details should include the names of the agencies,points of contact, and individual funding requests. All CONOPs/Applications must be developed in collaboration with Exhibit 3 Page �J$f 41
FY 2020 HSGP NOFO

EXHIBIT F
the local USBP sector office,the SAA and the local unit of government. Requests for funding in CONOPs/Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector, as well as the national priorities identified below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and funding will be allocated based on the review and selection criteria identified in this NOFO.

OPSG Applicants will be required to clearly articulate and identify how the CONOPs will address the national priorities identified below.

Information Sharing and Cooperation
Effective border security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and information sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, local, and tribal governments and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of,preparation for,protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security solutions, the CONOP must be in support of the recipient's efforts to enhance information sharing and cooperation with DHS and other federal agencies. Applicants must justify persuasively how they will contribute to the information sharing and collaboration purposes of the OPSG program and a culture of national preparedness, including how they will identify, address, and overcome any existing laws,policies, and practices that prevent information sharing. Additional resources and information regarding collaboration and information sharing are available through the Department's Office of Intelligence and Analysis.

Emerging Threats
The spread of rapidly evolving and innovative technology, equipment, techniques, and knowledge presents new and emerging dangers for homeland security in the years ahead.

Terrorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies,rogue nations and non-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opportunities of threat actors to acquire and use these capabilities against the United States and its interests.

Exhibit 3 Page �)gf 41
FY 2020 HSGP NOFO

EXHIBIT F
Given the increased risk of emerging threats, the CONOP must be in support of the recipient's efforts to address emerging threats. Additional resources and information regarding emerging threats are available through the Countering Weapons of Mass Destruction Office and the Cvbersecuritv and Infrastructure Securitv A encv.

11. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state's Single Point of Contact(SPOC)to comply with the state's process under Executive Order 12372. See hLtps:// www.archives.gov/Federal-register/codification/executive-order/12372..htinl , httf)s:// www.whitehouse.� zov/wD-content/tiDloads/2017/1 I/SPOC-Feb.-2018.]2d .

12. Funding Restrictions
Federal funds made available through this award may be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal awards, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal Government or any other government entity. See the Preparedness Grants Manual for more information on funding restrictions.

13. Environmental Planning and Historic Preservation(EHP)Compliance See the Preparedness Grants Manual for information on EHP Compliance.

14. Emergency Communications Investments
If an entity uses HSGP funding to support emergency communications investments,the following requirements shall apply to all such grant-funded communications investments in support of the emergency communications priorities and recognized best practices:
* Applicants must describe in the investment how proposed communications investments align to needs identified in their SCIP. Effective project alignment will require advance coordination with the SWIC and consultation with governing bodies such as the SIGB or Statewide Interoperability Executive Committee (SIEC), as they serve as the primary steering group for the statewide interoperability strategy. Additionally, recipients should consult subject matter experts serving on governance bodies, such as broadband experts, chief information officers, representatives from utilities, or legal and financial experts, when developing proposals.
* The signatory authority for the SAA must certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance. The certification letter should be coordinated with the SWIC for each state and must be uploaded to ND Grants at the time of the first Program Performance Report(PPR) submission. * All states and territories must designate a full-time SWIC who has the authority and resources to actively improve interoperability with emergency management and response agencies across all levels of government, to include establishing statewide plans, policies, and procedures, and coordinating decisions on communications investments funded through Federal grants. Note that the designated full-time SWIC may also be the state's or territory's cybersecurity point of contact. SWIC status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities. * By the period of performance end date, all states and territories must update the SCIP, with a focus on communications resilience/continuity, to include assessment and Exhibit 3 Page �of 41
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mitigation of all potential risks identified in the SCIP: natural disasters, accidental damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc.

Following the initial update, the SCIP should be updated on an annual basis. SCIP status information will be maintained by the DHS Office of Emergency Communications and will be verified by FEMA GPD through programmatic monitoring activities.

All states and territories must test their emergency communications capabilities and procedures (as outlined in their operational communications plans) in conjunction with regularly planned exercises (separate/addition emergency communications exercises are not required) and must submit an After Action Report/Improvement Plan (AAR/IP)to the Homeland Security Exercise and Evaluation Program's (HSEEP) electronic message inbox at hsee &fe�ov within 90 days of exercise completion. Exercises should be used to both demonstrate and validate skills learned in training and to identify gaps in capabilities. Resilience and continuity of communications should be tested during training and exercises to the greatest extent possible.

Further, exercises should include participants from multiple jurisdictions, disciplines, and levels of government and include emergency management, emergency medical services, law enforcement, interoperability coordinators,public health officials, hospital officials, officials from colleges and universities, and other disciplines and private sector entities, as appropriate.

Findings from exercises should be used to update programs to address gaps in emergency communications as well as emerging technologies,policies, and partners. Recipients are encouraged to increase awareness and availability of emergency communications exercise opportunities across all levels of government.

States, territories, and other eligible grant recipients are advised that HSGP funding may be used to support communications planning (including the cost of hiring a SWIC,participation in governance bodies and requirements delineated above), training, exercises, and equipment costs.

Costs for transitioning to the FirstNet network may also be eligible. More information regarding FirstNet can be found in the Preparedness Grants Manual.

15. Detailed Budget
Applicants must provide budget summary worksheets for all funds requested at the time of application. The budget summary worksheets must be complete, reasonable, and cost-effective in relation to the proposed project and should provide the basis of computation of all project- related costs (including management and administrative costs) and any appropriate narrative.

FEMA must be able to thoroughly evaluate the projects being submitted based on the information provided. FEMA must be able to determine how much funding is being used by the direct recipient for projects carried out by the direct recipient and how much funding is being passed through to sub-recipients for each sub-program (UASI, SHSP, OPSG). Consequently, applicants must provide an appropriate level of detail within the budget summary worksheets to clarify what will be purchased and spent. Sample budget summary worksheets are available on the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide to assist applicants in the preparation of budgets and budget narratives.

16. Funds Transfer Restriction
The recipient is prohibited from transferring funds between programs (includes the SHSP, the UASI, and OPSG). Recipients can submit an investment/project where funds come from multiple funding sources (e.g., the SHSP and UASI), however, recipients are not allowed to Exhibit 3 Page �Jj?f 41
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divert funding from one program to another due to the risk-based funding allocations, which were made at the discretion of DHS/FEMA.

17. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as included in the award agreement. To request pre-award costs, a written request must be included with the application, signed by the Authorized Representative of the entity. The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval.

18. Cost Principles
Costs charged to this award must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. For more information on 2 C.F.R. Part 200,please refer to FEMA GPD Information Bulletin 400,FE,AIA's Implementation oft C.ER. Part 200, the Zl�ai orm Admi�aistrativc Rccl��ircmc�ats, Cost Pri�aciplcs, crud A��dit Rcc���ircmc�ats,f�r F'cdcral Awards ("Super Circular" or"Omni C1rC1]lar" .

19. Direct Costs
a. Planning
Planning costs are allowed under this program.
b. Organization
Organization costs are allowed under this program.
c. Equipment
Equipment costs are allowed under this program.
d. Training
Training costs are allowed under this program.
e. Exercises
Exercise costs are allowed under this program.
f. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform allowable HSGP planning, organization, training, exercise, and equipment activities. Under OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may not use more than 50 percent of their awards to pay for personnel activities unless a waiver is approved by FEMA. For more information on the 50 percent personnel cap,please see FEMA Information Bulletin (IB) 421, Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhancement ofHomeland Security Act of 2008(Public Law 110-412)—the PRICE Act.
g. Operational Overtime
Operational overtime costs are allowed under this program. Prior to use of funds for operational overtime, recipients must receive approval from DHS/FEMA.

Exhibit 3 Page J�gf 41
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h. Travel
Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA.
i. Construction and Renovation
Construction and renovation costs to achieve capability targets related to preventing,preparing for,protecting against, or responding to acts of terrorism are allowed under this program. For construction and renovation costs to be allowed, they must be specifically approved by DHS/FEMA in writing prior to the use of any program funds. Applicants must use the EHP approval process. Limits on the total amount of grant funding that may be used for construction or renovation may apply. Additionally, recipients are required to submit Standard Form 424C. j. Maintenance and Sustainment
Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees, are allowable as described in FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants Policy ( http://www.fema.gov/media-library/asses/documents/32474) . k. Management and Administration (M&A) Costs
Management and administration (M&A) activities are those directly relating to themanagement and administration of HSGP funds, such as financial management and monitoring. A maximum of up to five percent of HSGP funds awarded may be retained by the state, and any funds retained are to be used solely for M&A purposes associated with the HSGP award.

Subrecipients may also retain a maximum of up to five percent of the funding passed through by the state solely for M&A purposes associated with the HSGP award.

Recipients or subrecipients may apply or credit M&A funding toward the recipient's requirement to allocate funding toward the four national priority areas. For example, if a recipient spends $5,000 to manage or administer its funding dedicated toward its enhancing cybersecurity investment, the recipient may credit that funding toward its requirement to allocate at least 5 percent of its award to enhancing cybersecurity.

A state's HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and OPSG awards. While the SAA may retain up to five percent of this total for M&A, the state must still ensure that all subrecipient award amounts meet the mandatory minimum pass- through requirements that are applicable to each HSGP program. To meet this requirement,the percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be based on the state's total HSGP award prior to withholding any M&A.

In retaining these funds, states may retain a maximum of 2.5 percent of the OPSG allocation, which must be withheld from the pass-through to each subrecipient county or tribe in an equal percentage. The SAA may also retain additional funding from its SHSP award to manage and administer the OPSG award, but that additional amount is also capped at an amount equal to

2.5 percent of the OPSG award. Examples applying this principle:

Exhibit 3 Page �N yf 41
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SAA 1:

SHSP: $1,000,000
OPSG: $2,500,000
UASL $2,500,000
M&A Maximum: $300,000 (5 percent of$6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5 percent) may be retained from the OPSG allocation, and the other $62,500 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $50,000 available to manage the SHSP allocation.

SAA 2:

SHSP: $3,500,000
OPSG: $1,000,000
M&A Maximum: $225,000 (5 percent of$4,500,000)
Maximum M&A for SHSP: $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5 percent) may be retained from the OPSG allocation, and the other $25,000 would come from the SHSP allocation. Any amount used to manage and administer OPSG that is charged to SHSP may be above and beyond the $175,000 available to manage the SHSP allocation.

Please note, Information Bulletin (IB) 365: Management and Administration Costs in the Homeland Security and DHS/FEMA Policy 207-087-1, which can be found at http://www.fema.Gov/librarv/viewRecord.do?id=7837 , do not anuly to awards made in FY 2020 under this NOFO. The IB and Policy remain in effect for all previous awards.

L. Critical Emergency Supplies
Critical emergency supplies are allowed under this program.

M. Secure Identification
Secure Identification costs are allowed under this program.

N. Indirect(Facilities &Administrative [F&A]) Costs
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Post-award requests to charge indirect costs will be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above.

O. General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General purpose equipment, like all equipment funded under the HSGP, must be sharable through the Exhibit 3 Page -'!�Uf 41
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Emergency Management Assistance Compact(EMAC)3 and allowable under 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

Examples of such general-purpose equipment may include:
• Law enforcement vehicles;
• Emergency medical services (EMS) equipment and vehicles; • Fire service equipment and vehicles, to include hose,pump accessories, and foam concentrate for specialized chemical, biological, radiological, nuclear, and explosives (CBRNE)response;
• Interoperability of data systems, such as computer aided dispatch(CAD) and record management systems (RMS); and
• Office equipment for staff'engaged in homeland security program activity.

Equipment allowability is based on the Authorized Equipment List(AEL)but exceptions may be considered on a case-by-case basis if(1)the equipment identified to be purchased directly maps to a core capability contained within the Goal, and(2) the equipment's purpose (when operational) falls under the permitted use of funds in accordance with 6 U.S.C. § 609, and any other applicable provision of the Homeland Security Act of 2002, as amended.

P. Allowable Cost Matrix
The following matrix provides allowable cost activities that fall under each of the cost categories noted above. Recipients and subrecipients must follow all applicable requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funds under HSGP may be used to cover the costs for evaluating the impact of these grants on the state or urban area's core capabilities and capability gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs, please contact the appropriate HQ GPD Program Analyst. For additional information on allowable costs, see the Preparedness Grants Manual.

Allowable Planning Costs
Developing hazard/threat-specific annexes „ N Developing and implementing homeland security support programs and adopting ongoing DHS/FEMA nationalinitiatives N
Developing related terrorism and other catastrophic event prevention activities N Developing and enhancing plans and protocols N Developing or conducting assessments N
Hiring of full-or part-time staff or contract/consultants to assist with planning activities N
Materials required to conduct planning activities N Travel/per diem related to planning activities
Overtime and backfill costs(in accordance with operational Cost Guidance) Issuance of WHTI-compliant Tribal identification cards N N Activities to achieve planning inclusive of people with disabilities and others with access and functional needs and limited English proficiency. N 3 Except for American Samoa and the Commonwealth of the Northern Mariana Islands,which are not required to belong to EMAC at this time.
'This applies to all homeland security personnel and is not limited to management and administration staff,and costs are to be captured outside the cap on management and administration costs Exhibit 3 Page �l Vf 41
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------------------
Coordination with Citizen Corps Councils for public information/education and development of volunteer programs N
Update governance structures and processes and plans for emergency communications N Development,and review and revision of continuity of operations plans N Development,and review and revision of the THIRA/SPR continuity of operations plans N Allowable Organizational Activities
Note;Personnel hiring,overtime,and backtill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.

Program management „111 N
Development of whole community partnerships „ N Structures and mechanisms for information sharing between the public and private sector N
Implementing models,programs,and workforce enhancement initiatives N Tools,resources,and activities that facilitate shared situational awareness between the public and private sectors N
Operational support „ N
Utilization of standardized resource management concepts N Responding to an increase in the threat level under the National Terrorism Advisory System(NTAS),or needs in resultingfrom a National Special SecurityEvent N Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred(up to 50 percent of the allocation) Overtime for information,investigative,and intelligence sharing activities(up to 50 percent of the allocation)
Hiring of new staff positions/contractors/consultants for participation in information/intelligence analysis and sharing groups or fusion center activities(up to 50 percent of theallocation).

Allowable Equipment Categories
Personal Protective Equipment
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment N CBRNE Operational Search and Rescue Equipment N Information Technology
Cybersecurity Enhancement Equipment N
Interoperable Communications Equipment
Detection
Decontamination N
Medical countermeasures
Power(e.g.,generators,batteries,power cells)
CBRNE Reference Materials N
CBRNE Incident Response Vehicles N
Terrorism Incident Prevention Equipment
Physical Security Enhancement Equipment
Inspection and Screening Systems
Animal Care and Foreign Animal Disease
CBRNE Prevention and Response Watercraft N
CBRNE Prevention and Response Unmanned Aircraft N CBRNE Aviation Equipment N
CBRNE Logistical Support Equipment N
Intervention Equipment(e.g.,tactical entry,crime scene processing) o 111111
Critical emergency supplies N
Vehicle acquisition,lease,and rental N N
Other Authorized Equipment
Exhibit 3 Page -'�J_qf 41
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MEN IN ! MEN 1111 1111 , 111
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending DHS/FEMA-s onsored and approved training classes N Overtime and backfill expenses for part-time and volunteer emergency response Personnel participating in DHS/FEMA training 110 N Training workshops and conferences
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited EnglishproficiencyN Full-or part-time staff or contractors/consultants
Travel
Supplies N
Instructor certification/re-certification N Coordination with Citizen Corps Councils in conducting training exercises N Interoperable communications training N
Activities to achieve planning inclusive of people with limited English proficiency N Immigration enforcement training
Design,Develop,Conduct,and Evaluate an Exercise N Full-or part-time staff or contractors/consultants N Overtime and backfill costs,including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises N Implementation of HSEEP N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs N
Travel N
Supplies N
Interoperable communications exercises N
Activities to achieve planning inclusive of people with limited English proficiency N Allowable Management&Administrative Costs
Hiring of full-or part-time staff or contractors/consultants to assist with the management of the respective grant program,application requirements,and compliance with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls
Overtime and backfill costs
Travel
Meeting related expenses
Authorized office equipment
Recurring expenses such as those associated with cell phones and faxes during the PoP of the grant program N
Leasing or renting of space for newly hired personnel during the PoP of the grant Program N
Law Enforcement Terrorism Prevention Activities(LLTPA)Costs Integration and interoperability of systems and data,such as CAD and RMS,to facilitate the collection, N
Maturation and enhancement of designated state and major Urban Area fusion centers N
Coordination between fusion centers and other analytical and investigative efforts N Exhibit 3 Page _'�Jjf 41
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I WIN
Implementation and maintenance of the Nationwide SAR Initiative N Implementation of the "If You See Something, Say Something®"campaign N Increase physical security,through law enforcement personnel and other protective measures,by implementing preventive and protective measures at critical N Building and sustaining preventive radiological and nuclear detection capabilities N E. Application Review Information

1. Application Evaluation Criteria
a. Programmatic Criteria
Allocations
Risk Methodology and Effectiveness Review
The risk methodology and effectiveness review first determine the relative risk of terrorism faced by a given area considering the potential risk of terrorism to people, critical infrastructure, and economic security. The analysis includes, but is not limited to, threats from violent domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad.

See the Preparedness Grants Manual and Application Evaluation Criteria for additional information on risk methodology and effectiveness review.

The second part of the risk methodology and effectiveness review determines whether the proposed project is clear, logical, and reasonable to address the priority area of interest and contribute to a culture of national preparedness. This part considers factors such as how well the project is described and how well the project addresses the objectives and strategies of the priority area.

Risk and effectiveness will be given equal consideration in determining final award amounts.

NOTE: The THIRA/SPR process is separate from the risk methodology and effectiveness review, and its results do not affect grant allocations.

Evaluation Criteria
FEMA will evaluate the FY 2020 HSGP applications for completeness, adherence to programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA's review will include verification that each IJ or project:
• Meets the national priority required spend percentages. • Aligns with at least one core capability identified in the Goal; • Demonstrates how investments support closing capability gaps or sustaining capabilities identified in the THIRA/SPR process;and
• Supports a NIMS-typed resource and whether those assets are deployable/shareable to support emergency or disaster operations per existing EMAC agreements.

Exhibit 3 Page -'H$f 41
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EXHIBIT F
In addition to the above, FEMA will determine whether the proposed approach is clear, logical, and reasonable to address the priority areas of interest and contribute to a culture of national preparedness. This part considers factors such as the objectives and strategies proposed to address the priority area, how the objectives and strategies overcome legal,political, or practical obstacles to reduce overall risk,the process and criteria to select additional relevant projects, and the approach to monitor awards to satisfy the funding percentage allocations. Effectiveness will be evaluated prior to award and may impact the final overall award amount. To that end, IJs should include:
• How the proposed investment addresses the national priority; • An explanation of how the proposed projects were selected and will achieve objectives and strategies to build or sustain the core capability gaps identified in the SPR, including expected long-term impact where applicable;
• A summary of laws,policies and practices that can be enhanced, eliminated, or otherwise changed in order to achieve the goals of the project and foster a culture of national preparedness;
• A summary of the collaboration efforts to prevent,prepare for,protectagainst, and respond to acts of terrorism as well as anticipated outcomes of the project.

For FY 2020 HSGP applications, effectiveness will be evaluated based on the following five factors:
• Investment Strategy (30%): Proposals will be evaluated based on the quality and extent to which applicants describe an effective strategy that demonstrates that proposed projects support the program objective of preventing,preparing for,protecting against, and responding to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.
• Budget(I ON: Proposals will be evaluated based on the extent to which applicants describe a budget plan for each investment demonstrating how the applicant will maximize cost effectiveness of grant expenditures.
• Impact/Outcomes (30%): Proposals will be evaluated on how this investment helps the jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and addresses national priorities outlined in the FY 2020 NOFO. Further,proposals will be evaluated on their identification and estimated improvement of core capability(ies), theassociated standardized target(s) that align with their proposed investment, and the ways in which the applicant will measure and/or evaluate improvement. • Collaboration (30%): Proposals will be evaluated based on the degree to which the proposal adequately details how the recipient will use investments and other means to overcome 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. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources. • Past Performance (additional consideration): Proposals will be evaluated based on the Exhibit 3 Page 3s gf 41
FY 2020 HSGP NOFO

EXHIBIT F
applicants demonstrated capability to execute the proposed investments. In evaluating applicants under this factor FEMA will consider the information provided by the applicant and may also consider relevant information from other sources.

Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standards, modeling techniques, and best practices, and participate in the development of case studies demonstrating the effective use of grant funds, as requested.

Review and Selection Process (SHSP and UASI)
To ensure the effectiveness of proposed investments and projects, all applications will undergo a Federal review as described herein. The Federal review will be conducted by DHS and FEMA. IJs will be reviewed at both the investment and project level. Results of the effectiveness analysis may result in a recipient receiving a reduced grant award.

Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS Intelligence and Analysis, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

As part of the above, Fusion center projects will be reviewed by DHS/FEMA for compliance with HSGP NOFO requirements to prioritize the alignment of requests with results from the annual Fusion Center Assessment Program. If a fusion center investment does not meet the requirements, a Fusion Center Addendum must be completed and submitted for review and approval prior to expending funds allocated to fusion center activities.

Emerging threats investments will be reviewed by DHS/FEMA, DHS Countering Weapons of Mass Destruction Office, and other DHS components as appropriate, for compliance with purposes and requirements of the priority investment area. Proposed investments will be reviewed for effectiveness using the criteria set forth in this NOFO.

All other proposed investments not associated with a required investment justification will undergo a Federal review by DHS/FEMA to verify compliance with all administrative and eligibility criteria identified in the NOFO.

Review and Selection Process (OPSG)
Applications will be reviewed by the SAA and USBP for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Exhibit 3 Page -'!�ef 41
FY 2020 HSGP NOFO

EXHIBIT F
Operations Orders. For more information on Operations Orders and other requirements of OPSG, see the Preparedness Grants Manual.

DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in the NOFO and required submission of Operations Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis and the Federal review by DHS/FEMA to make recommendations for funding to the Secretary of Homeland Security.

FY 2020 OPSG funds will be allocated competitively based on risk-based prioritization using the OPSG Risk Assessment described above. Final funding allocations are determined by the Secretary, who may consider information and input from various law enforcement offices or subject-matter experts within the Department. Factors considered include, but are not limited to, threat, vulnerability, miles of the border, and other border-specific law enforcement intelligence, as well as the feasibility of FY 2020 Operations Orders to designated localities within border states and territories.
b. Financial Integrity Criteria
Prior to making a Federal award, DHS/FEMA is required by 31 U.S.C. § 3321 note, 41 U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB- designated repositories of government-wide eligibility qualification or financial integrity information. Application evaluation criteria may include the following risk-based considerations of the applicant:
• Financial stability;
• Quality of management systems and ability to meet management standards; • History of performance in managing Federal awards;
• Reports and findings from audits; and
• Ability to effectively implement statutory, regulatory, or other requirements.

C. Supplemental Financial Integrity Review
Prior to making a Federal award where the anticipated Federal share of a Federal award will be greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 115-91, OMB Memorandum M-18-18 at https://www.whitehouse . og v/wp-content/uploads/2018/06/M-18-

18.Rdf, see also FEMA GPD Information Bulletin No. 434, Increases and Changes to the Micro- Purchase and Simplified Acduisition Thresholds):
• DHS/FEMA is required to review and consider any information about the applicant in the designated integrity and performance system accessible through the System for Award Management(SAM), which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS) and is also accessible through the SAMwebsite. • An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered. • DHS/FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants, as described in 2 C.F.R. § 200.205.

Exhibit 3 Page �J?f 41
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F. Federal Award Administration Information

1. Notice of Award
See the Preparedness Grants Manual for information on Notice of Award.

2. SHSP and UASI Pass-Through Requirements
Awards made to the SAA for HSGP carry additional pass-through requirements. Pass-through is defined as an obligation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. Four requirements must be met to pass-through grant funds:
• The SAA must make a firm written commitment to passing through grant funds to subrecipients;
• The SAA's commitment must be unconditional (i.e., no contingencies for the availability of SAA funds);
• There must be documentary evidence (i.e., award document, terms, and conditions) of the commitment; and
• The award terms must be communicated to the subrecipient.

Timing and Amount
The SAA must pass-through at least 80 percent of the funds awarded under the SHSP and UASI to local or tribal units of government within 45 calendar days of receipt of the funds. "Receipt of the funds" occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier.

SAAs are sent notification of HSGP awards via the GPD's ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system.

It is important to note that the PoP start date does not directly affect the start of the 45-calendar days pass-through period. For example, an SAA may receive notice of the HSGP award on August 20, 2020, while the PoP dates for that award are September 1, 2020, through August 31, 2022. In this example, the 45-day pass-through period will begin on the date the SAA accepts the HSGP award or September 4, 2020 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The PoP start date of September 1, 2020 would not affect the timing of meeting the 45-calendar day pass-through requirement.

Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through requirements have been met. A letter of intent(or equivalent)to distribute funds is not considered sufficient. The pass-through requirement does not apply to SHSP awards made to the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement, and its SAA must also obligate at least 80 percent of the funds to local units of government within 45 calendar days of receipt of the funds.

Exhibit 3 Page _'!�gf 41
FY 2020 HSGP NOFO

EXHIBIT F
Under SHSP, the SAA may retain more than 20 percent of funding for expenditures made by the state on behalf of the local unit(s) of government. This may occur only with the written consent of the local unit of government, specifying the amount of funds to be retained and the intended use of funds. States shall review their written consent agreements yearly and ensure that they are still valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2020, unless the written consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA should contact their assigned FEMA HQ Program Analyst.

Additional OPSG Requirements
The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivalent Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official electronic mail notice issued by DHS/FEMA removing this special programmatic condition.

3. Administrative and National Policy Requirements
See the Preparedness Grants Manual for information on Administrative and National Policy requirements.

4. Reporting
See the Preparedness Grants Manual for information on reporting requirements, including federal financial reporting requirements,programmatic performance reporting requirements, and closeout reporting requirements.

Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process
See the Preparedness Grants Manual for information on the THIRA and SPR process.

Supplemental Information Reporting Systems
In addition to ND Grants, the following information systems are used for the submission of required reports:

Grant Reporting Tool (GRT)
Information on the GRT can be found in the Preparedness Grants Manual.

Unified Reporting Tool (URT)
See the Preparedness Grants Manual for information on the URT.

Closeout Reporting Requirements
See the Preparedness Grants Manual for information on closeout reporting requirements.

Disclosing Information per 2 C.F.R. § 180.335
See the Preparedness Grants Manual for information on disclosing information.

5. Monitoring
Per 2 C.F.R. § 200.336, DHS/FEMA through its authorized representatives, has the right, at all reasonable times, to make site visits to review project accomplishments and management control Exhibit 3 Page _'J�yf 41
FY 2020 HSGP NOFO

EXHIBIT F
systems to review project accomplishments and to provide any required technical assistance. During site visits, DHS/FEMA will review grant recipients' files related to the grant award. As part of any monitoring and program evaluation activities, grant recipients must permit DHS/FEMA, upon reasonable notice,to review grant-related records and to interview the organization's staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to DHS/FEMA requests for information relating to the grant program. See the Preparedness Grants Manual for additional information on monitoring.

G. DHS/FEMA Awarding Agency Contact Information

1. Contact and Resource Information
Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by DHS/FEMA for grant stakeholders. CSID provides general information on all DHS/FEMA grant programs and maintains a comprehensive database containing key personnel contact information at the Federal, state, and local levels. When necessary, recipients will be directed to a Federal point of contact who can answer specific programmatic questions or concerns. CSID can be reached by phone at(800) 368-6498 or by e-mail at askcsid(&_fema.Zov, Monday through Friday, 9:00 a.m. —5:00 p.m. ET.

GPD Grant Operations Division
GPD's Grant Operations Division Business Office provides support regarding financial matters and budgetary, technical assistance. Additional guidance and information can be obtained by contacting the FEMA Call Center at 866-927-5646 or via e-mail to ASK-GMDL&fema.gov.

FEMA Regional Offices
FEMA Regional Offices may also provide fiscal support, including pre- and post-award administration and technical assistance such as conducting cash analysis, financial monitoring, and audit resolution for the grant programs included in this solicitation. GPD will provide programmatic support and technical assistance. FEMA Regional Office contact information is available here.

GPD Environmental Planning and Historic Preservation (EHP) The DHS/FEMA GPD EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects or the EHP review process, including the submittal of EHP review materials, should be sent to [email protected]. EHP Technical Assistance, including the EHP Screening Form, can be found online at https://www.fema.� zov/media-librarv/assets/documents/90195.

2. Systems Information
Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7 days per week (except Federal holidays) at(800) 518-4726 or e-mail at [email protected].

Non-Disaster (ND) Grants
For technical assistance with the ND Grants system,please contact the ND Grants Helpdesk at Exhibit 3 Page 4AUf 41
FY 2020 HSGP NOFO

EXHIBIT F
ndg rants L&fema.gov or(800) 865-4076, Monday through Friday, 9:00 a.m. —5:00 p.m. ET.

Payment and Reporting System (PARS)
DHS/FEMA uses the Pavment and ReDortimz System (PARS) for financial reporting, invoicing and tracking payments. DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete a Standard Form 119A, Direct Deposit Form.

H. Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant funding on how to manage their grants and other resources. Recipients seeking guidance on policies and procedures for managing preparedness grants should reference the Manual for further information. Examples of information contained in the Preparedness Grants Manual include:
• Conflicts of Interest in the Administration of Federal Awards and Subawards; • Extensions;
• Monitoring;
• Procurement Integrity; and
• Other Post-Award Requirements.

In response to recent disasters, FEMA has introduced a new lifelines construct, in order to enable the continuous operation of government functions and critical business essential to human health, safety, or economic security during and after a disaster. To learn more about lifelines, please refer to the Preparedness Grants Manual, or visit htty):// www.fema.� ov/national- planning-frameworks.

Additionally, recipients can access the DHS Strategic Framework for Countering Terrorism and Targeted Violence which explains how the department will use the tools and expertise that have protected and strengthened the country from foreign terrorist organizations to address the evolving challenges of today.

Exhibit 3 Page 4� Vf 41
FY 2020 HSGP NOFO

EXHIBIT G
%_v

LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER
�r�`I

SHARED SERVICES DIVISION

GRANT PAYMENT REQUEST
Please submit Grant Payment Request Form along with legible supporting documents to: 1.Grant Name&Year:

G ra nts&au d ij9L.lacou nty.g.ov
In the event e-mail is not available,you can mail your Grant payment request to(please do not fax or send duplicates):

Department of Auditor-Controller
Shared Services Division/Attn:Grants Unit
3470 Wilshire Blvd.,Suite 812
Los Angeles,CA 90010

1.Sub-recipient's Name:(reimbursement check will be made payable to a payee entered 3.Taxpayer ID#: 4.Contact's Name:

2.Mailing Address(please let us know where you want your check delivered,including attention line if necessary): 4.Contact's phone:

4.Contact's e-mail:

4.EHP required? 6.PURCHASE METHOD

1. SOLUTION AREA 2.1:1Iro,n Ctl (Environmental&Historic 5.VENDOR'S INVOICE# (I nc1u dliu'ng"'ll"'u"aliu'nliu'ng) 7.CLAIM (e.g.equipment,training, (e. 011.22 Preservation) g. ) (Maximum of 5 invoices) AMOUNT
planning,exercise,organization) (indicate the If Competitive, amount per each
No Yes indicate the#of Non-Competitive Sole Source line) (attach State bids. Bid
Approval)

8.TOTAL $
g g Illui g
I certify that(please use the checkbox):

1.1 am the duly authorized officer of the claimant herein and this claim is in all respect true and correct. All expenditures were made in accordance with applicable laws,rules,regulations and grant conditions and STAMP WITH RECEIVED DATE HERE:
assurances.

2.All instructions for this form were followed and all the supporting documentation(per instructions)is included with this claim.

3. AUTHORIZED SIGNATURE DATE

4. AUTHORIZED PRINTED NAME AUTHORIZED TITLE
5, AUTHORIZED CONTACT INFORMATION(If different from Section B): ASSIGNED INVOICE NO.:

PHONE#
E-MAIL:

NOTE:This Form is intended for Internal SSD review purpose only.

Revised on December 2019

Exhibit 3 232

EXHIBIT G

COUNTY OF LOS ANGELES

DEPARTMENT OF AUDITOR-CONTROLLER/SHARED SERVICES DIVISION Purpose of these instructions:

To assist sub-recipients in completing the Grant Payment Request. We appreciate your participation in this program,for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us,they are to be used for your guidance only.

In numeral 1 of this section,please enter the name and year of the grant program that you are submitting for payment. In addition,please help us expedite the process of your Homeland Security claims by:
• Completing the Grant payment request correctly and according to these instructions. • Submitting your Grant payment request using our e-mail-->[email protected](please do not fax documents). 0 Sending your Grant payment request only once(we do not require original documents and duplicates will slow down our process). • Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the corresponding areas. • Ensuring that all documents attached to your Grant payment requests are legible. • Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check.

2. Please enter the complete address(street number and name,city,zip code)and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A.County departments.

3. Please enter the tax I D of the governmental entity requesting payment. Please leave blank for L.A.County departments.

4. Please enter the information of the person that can assist us with detail claim questions.

In order to expedite your Grant payment request,in this area's grid,include a maximum of five(5)invoices or reimbursements charges lone charge or one invoice per line). The invoices or charges need to share the same solution area,project#.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment,training,planning or exercise.

2. Enter the project#corresponding to the claim. This information is found in the latest budget of the grant. An example of Item#is 17.020.

4. Check with an X under either yes or no according to the claim's Environmental&Historical Preservation(EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items(see AEL description)or training/exercise projects. Please attach the following:
a) ❑ State EHP Approval: if required by the state for your claim.

Revised on 11/20/2017 Page 2 of 14
Exhibit 3 233

EXHIBIT G

5. If the expenditures that you are claiming were purchased thru a vendor or contractor,please enter the invoice#in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim:
a) ❑ Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL#. When the invoice includes items that are not being claimed or that belong to different claims or grants, please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project#,a funding source,and a total. Purchase orders and price quotes will not be accepted in the place of the invoice. b) ❑ Copy of the purchase order
c) ❑ Print out of the corresponding AEL#(Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.us/fema_grants.cfm
d) ❑ Proof of payment of the invoice: The proof of payment for L.A.County Departments is the printout from e-CAPS showing that the check cleared the bank.The proof of payment for other than L.A.County Department is the corresponding copy of the bank's cleared check. e) ❑ Calculations for use tax paid: When use tax is paid,clearly show the calculations of the use tax in the invoice included in your claim. f) ❑ Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state,the amount and the reference to the invoice being claimed.
g) ❑ Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at http://www.sam.gov/portal/public/SAM . (you will need a username and a password;if you don't please create an account). The listing needs to be queried prior to the selection of the vendor.

6. If you are claiming services,supplies,training related costs,or any other type of items purchased thru a vendor or contractor or government agency, please indicate with an X the method that you used to acquire the items(do not leave blank or mark more than one). Please note that competitive bid,non-competitive bid or sole source are the only valid purchasing methods. a) ❑ Competitive Bid: for projects that received more than one bid. Please indicate number of bids received(must be more than one). b) ❑ Non-Competitive Bid: for single bid purchases of$250,000 or more(effective June 21,2018)to a single vendor or a single project,please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project. c) ❑ Sole Source: for non-bid purchases of$250,000 or more effective(June 21,2018)to a single vendor or a single project,please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

7. Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification.

8. Enter the"Total Amount"by adding the subtotal claims included in each line.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Please read and check the box provided if you are an authorized signor.

2. Please read and check the box provided if you are an authorized signor.

3. Please sign the Grant payment request if you are an authorized signor of your agency. 4& When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the

5. authorized person and the contact person in Section B are different,please enter all the fields in this area as requested.

Revised on 11/20/2017 Page 3 of 14
Exhibit 3 234

EXHIBIT G
For Equipment Claims:
a) ❑ Equipment Inventory Listing(Print out&Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial# for your equipment please assign a valid ID tag,or write"Consumable"(if it applies)or write N/A. please do NOT leave the corresponding space blank. *1 Please refer to the Instructions to Equip Into Tab for completion procedures of Equipment Inventory.

Additionally,please enter the appropriate CBRNE Mission(Chemical, Biological, Radiological, Nuclear,or Explosive)in the column titled "Equipment Description&Quantity". This only applies to vehicles with AEL#12VE-00-MISS(Vehicle Specialized Mission:CBRNE).

You need to inform us of any changes on the items above*1. This applies to each piece of equipment added in the Inventory Listing,including when the items are disposed and/or no longer useful. We will update the master inventory listing(per grant requirement)according to the information you give us. Please make sure that you include all the attachments that are necessary to provide us with the requested information.

For Traininq Claims:
a) State Sole Source Approval: If you are claiming training related costs thru a Non-Competitive Bid or Sole Source training provider, regardless the purchased amount,please attach the State's approval(effective December 03,2018). The approval needs to be requested from the State prior to the start of the project.
b) State-Sponsored Training Reporting Form(with the tracking request#): Please add this form along with the Training Request Form Training Officer(POC), which you completed at the website,to the claim's backup documentation. All the backup documentation submitted for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of the Grant. Training request#'s must be obtained from the State prior to the start of the project. c) Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as air plane tickets,hotel stays,instructor's fees,workshop cost,facilities fees,consulting services,etc. Additionally,you will need to include the documents requested in numeral 5 under Section C.

If you are including personnel cost with your training claim,please add the following:
d) Personnel List(Print out&Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. e) Documents that certify completion of the training: please attach supporting documents that show the class name,dates of training,#of hours of the training class,printed name and signature of individual taking the class and approval signature from supervisor or trainer (attach the information for backfilled positions also). Examples of documents that certify completion of training are:
• Attendance sheets (signed by employee and instructor) • Sign in sheets (same as above) • Signed training certificates f) Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the breakdown of the training charges per employee and that match the total claimed. This form includes the following:employee name, assignment, job title,date,salary,hours claimed,regular rate,overtime rate,employee benefits rate,claim amount per employee,clear calculations of amount claimed per employee and total(equal to the amount claimed).

Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory,with printed name and title,and dated.
g) Backup for the Benefits Rate: If you are adding benefits to your claim,please make sure that you include the official calculation for the rate used.
h) Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the#of hours charged per day to the grant,supervisor's signature,employee name and signature. Automatic system generated timecards need to be approved and include the name of the employee and hours charged per day to the grant. i) Explanation of timekeeping codes:When the supporting documentation(timesheet,payroll register,etc.)includes timekeeping codes please provide a printout with the explanation of the usage as detailed as possible.

Revised on 11/20/2017 Page 4 of 14
Exhibit 3 235

EXHIBIT G
D ❑ Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the salary,hourly rate,employee benefits and overtime rate. k) ❑ Roster of backfilled positions:When you are claiming overtime for a backfilled position,please attach the backfilled roster to your claim.

The roster needs to include the name of the backfilling employees,a short description of duties performed,the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation corresponding to the employee covered by the backfilling position.

For Planning Claims:
a) ❑ Deliverable(or final product): Please include with your claim the final product of the planning activity(deliverable)that was identified in the grant award.
b)
Signed Certificate of Completion:The certificate of completion can be an e-mail confirming that the planning activity was completed. c) ❑ Invoices: If your planning claim includes charges invoiced by vendors,please see requirements and documents you need to attach to your claim form under Section C(numeral 5 and numeral 6).
d) ❑ Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost,please see d)to i)under Training Claim(supporting documents needed)and add to the documentation.

For Exercise Claims:
a) ❑ Proof of State Approval of After Action Report(AAR): In order for your AAR to be approved you have to submit it to the State using the CDP Portal(see link below),within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they can proceed with the approval process.
https:Hhseep.dhs.gov/DHS_SSO/
b) ❑ Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your claim form under Section C(numeral 5 and numeral 6).
c) ❑ Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost,please see d)to i)under Training Claim(supporting documents needed)and add to the documentation.

For Organization Claims: Please see above b)and c)under Exercise Claims Revised on 11/20/2017 Page 5 of 14
Exhibit 3 236

EXHIBIT G

GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
GRANTNAME:

SUB-RECIPIENT: P. of
DATE OF REPORT:

Grant Project AEL Description of Property Serial#or SAFECOM Source of Department Vendor Invoice Acquisition %of FED Location Use&Condition Disposition Y... Number No. Other ID# Consult Property (Title Holder) Name Number Date Cost Participation (N=New, Date Sale Price (yes/No/NA) (SHSP or D=Deployed,
EM PG Grant O=Out of
Pro ra Service L=Lost
iv ,t.rms/F.r/croverv&Eq­­t usm,q
Rey d12/2019

Exhibit 3 237

EXHIBIT G
Equipment Inventory Listing
Procedures for Completion
OBJECTIVE: To provide an equipment inventory listing that links the State Homeland Security Workbook, to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to eliminate duplication and confusion.

Field Date Element Procedure
(1) Grant Name SHSP or EMPG
(2) Sub-Recipient Name of your agency
(3) Date of Report Date report completed {1} (4) Grant Year Grant Year of funds used to purchase equipment (5) Project# Project Number(from Grant Workbook Project Sheets) (7) AEL No. Authorized Equip Listing No(from Grant Workbook) (8) Description Description of the equipment
(9) Serial#or Other ID# Serial#or Other identification#used (10) Safecom consult Fill out either by Yes, No, or N/A (11) Source of Property Funding source, i.e, SHSP, EMPG, etc. (12) Title Holder Name of agency(City/Department) (13) Vendor Name Name of the vendor
(14) Invoice Number Invoice number
(15) Acquisition Date Date equipment acquired
(16) Acquisition Cost Cost of the individual equipment item (17) %of Fed Part Fed participation in the cost of equipment (18) Location Location of equipment
(19) Use&Condition Use&condition{2}
(20) Disposition data Date of disposition
(21) Sale Price Sale price, If applicable, or N/A for not applicable The Equipment Inventory Listing must be completed in its entirety to meet the objective of the form.

Note{1}: This date should be the date the physical inventory of equipment was taken and the results reconciled with the equipment records(at least once every two years).
{2} Indicate: N = New, D= Deployed, O=Out of Service, L= Lost&S=Stolen Distribution
Copy maintained in sub-recipient file
Copy forwarded to Shared Services Division

Exhibit 3 238

EXHIBIT G
Training Summary
Sheet
Grant Name
Jurisdiction Name:

Training Provider:

OHS Approved Course Title:

Non-SLGCP Course Title&OHS Tracking No.
(requires pre-approval thru OEM)
Date of Course:

Class/Exercise Duration/Hours:

Are you
TRAINING TRAINING TRAINING END claiming' REQUEST# START DATE DATE LOL
Employee+ Employee
EMP NO. EMPLOYEE NAME ASSIGNMENT 'TITLE SALARY OT REG RATE OT RATE OT PAY': Benefits?I Benefits Rate CLAIM (for Training only) -HOURS TOTAL
$ $ $
2 3
4 5
6 7
8 9
10 GRAND TD7AL $
Approved by:

Authorized Signature
Print Name and Title Date

Exhibit 3 239

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES(Cal OES) EXHIBIT G

PLANNING ROSTER
Project Planning Activity Solution Area Cash Request Discipline Funding Source Total Cost Total Claimed Final Product Sub-Category Number

GRAND TOTAL
Approved by:

Authorized Signature
Print Name and Title Date
FMFW v1.09-06/09 Page 9 of 14
Exhibit 3 240

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES(Cal OES) EXHIBIT G

EXERCISE ROSTER
'
Project Exercise Title Area Cash Request Date oftle Funding Source Discipline Total Cost Total Claimed Conducted By Exercise Type Exercise Role Date AAR entered into HSEEP Sub-Category Number Exercise

GRAND TOTAL
Approved by:

Authorized Signature
Print Name and Title Date
FMFW v1.09-06/09 Page 10 of 14
Exhibit 3 241

EXHIBIT G

8. Notes on Personnel Cost:

In general, costs associated with:
❑ Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
❑ Work performed under contract for an undefined period, such as for personnel costs supporting operational activities, including general planning, training or exercise activities DO count against the personnel cap; and
❑ Work performed by all non-contractor personnel, including for full-or part-time staff and operational overtime DO count against the personnel cap.

The following examples would not count towards the personnel cap:
❑ Vendor installation of a radio tower;
❑ Vendor training on new equipment purchased;
❑ Contractor hired to create an Emergency Operations Plan; ❑ Contractor hired to provide deliveries of ICS 400; and ❑ Contractor hired to assist with planning, training, evaluating, and reporting the effectiveness of a specific exercise.

The following examples would count towards the personnel cap:
❑ Contractor hired to be the State's WMD training instructor with no specific deliverables under contract;
❑ Contractor hired to facilitate unidentified number of exercises throughout the performance period;
❑ Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and ❑ Contractor hired to be an intelligence analyst.

Exhibit 3 242

EXHIBIT G
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES(Cal OES) Total Salary&
Funding Solution Area Sub Dates of Payroll Benefits charged Total Project REIMB Total Cost Charged Project Employee Name Project/ Deliverable Source Disdpline Solution Area Category Period for this Reporting Hours Request# to Grant Period
N/A
F FWv1.15a-2015
X I I

Exhibit 3 244

FMFW v1.15a-2015 Page 14 of 14
Exhibit 3 245

EXHIBIT H
Work Order No. 9-25A
Subrecipient Mani itoring Instrument
Subrecipient Monitoring Instrument

PROJECT TITLE
Los Angeles County State Homeland Security Program,
Monitoring Reports for Fiscal Year 2020-21
A. FINANCIAL REPORTING REQUIREMENTS
Obilective
To determine that the Subrecipient implemented corrective action to adldress findings noted in its Single Audit that is related to the Homeland Security Giraint., Verification, Yes No Comment

1. Was a Single Audit completed for Grant Year 2018-19 andl 2019-20?
1 If yes, did the Subrecipient forward a copy to the
Homeland Security Grant Administrator(HSGA) by
March 301hi of the year following the audit?

3. Did the Single Audit(s) identify findings,related to the Homeland Security Grant? If yes, please,continue.

If no, please mark N/A and continue to Section 13,

4. Did the Subrecipient develop,a corrective action plan that addresses the,finding(s)?

5. Did the Subrecipient send a copy of a corrective action plan to the HSGA?

6. Did the Subirecipient implement the corrective action plan?
Exhibit 3 246 Page 1 of 11

EXHIBIT H
B. TRAINING
Obiective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project' s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign-in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E— Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.

2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?

3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign-in sheets and certificates of training?

4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?

5. Did the Subrecipient accurately report the Training expenditures in their accounting records?

6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime expenditures in their accounting records?
Exhibit 3 247 Page 2 of 11

EXHIBIT H
B. TRAINING (Continued)
Verification Yes No Comments

7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?

8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?

9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.

Exhibit 3 248 Page 3 of 11

EXHIBIT H
C. PLANNING
Obiective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project's goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign-in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E—Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?

3. If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign-in sheets?

4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?

5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?

6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?
Exhibit 3 249 Page 4 of 11

EXHIBIT H
C. PLANNING (Continued)
Verification Yes No Comments
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?

7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign-in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?

8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?

9. Were the Planning expenditures consistent with the State approved grant award and/or post award
modification(s)?

10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.

Exhibit 3 250 Page 5 of 11

EXHIBIT H
D. EQUIPMENT
Obiective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project's goals and objectives. Use Worksheets 2 and 3 (See Attachment E—Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Equipment expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?

3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal "Authorized
Equipment List" and/or"Standardized Equipment List"?

4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?

5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
1) Disposal date and sale price of the Equipment

6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?
Exhibit 3 251 Page 6 of 11

EXHIBIT H
D. EQUIPMENT(Continued)
Verification Yes No Comments

7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?

8. Did the Subrecipient maintain Equipment in a secure location?

9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?

10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?

11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the Equipment and an investigative process?

12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?

13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Exhibit 3 252 Page 7 of 11

EXHIBIT H
E. EXERCISE
Obiective
To determine that the Exercise expenditures were appropriately documented and the activities align with project's goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign-in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E—Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?

3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign-in sheets, and certificates for Exercise?

4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?

5. Did the Subrecipient accurately report the Exercise expenditures in their accounting records?

6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?

7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
Exhibit 3 253 Page 8 of 11

EXHIBIT H
E. EXERCISE(Continued)
Verification Yes No Comments

8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?

9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Exhibit 3 254 Page 9 of 11

EXHIBIT H
F. ORGANIZATION
Obiective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project's goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign-in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E—Subrecipient Monitoring Worksheets).

Verification Yes No Comments

1. Did the Subrecipient receive funding for Organization expenditures? If so, continue. If no, continue to next section.

2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign-in sheets, or with other support documentation that substantiated the expense?

3. If the Organization expenditures relate to the use of consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?

4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?

5. For Projects with overtime expenditures for Organization:
a. Did the Subrecipient maintain employee timecards to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime expenditures in their accounting records.?
Exhibit 3 255 Page 10 of 11

EXHIBIT H
F. ORGANIZATION (Continued)
Verification Yes No Comments

6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?

7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?

8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?

9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Exhibit 3 256 Page 11 of 11

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 9.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Everardo Grajeda v. City of Bell Gardens (DOE 3/9/2022; DOR 3/10/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

BACKGROUND/DISCUSSION:

The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.

CONCLUSION:

After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 257

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 10.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Gilbert Gutierrezv. City of Bell Gardens (DOE 9/24/2021; DOR 1/10/2022) • Gilbert Gutierrez v. City of Bell Gardens (DOE 2/26/2022; DOR 3/23/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.

BACKGROUND/DISCUSSION:

The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.

CONCLUSION:

After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 258

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 11.
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: ACCEPTANCE OF ENERGY SERVICE CONTRACT FOR HVAC

REPLACEMENTS, LED LIGHTING,AND LANDSCAPE IRRIGATION
CONTROLLERS PROJECT (CIP# 3904)
DAT E: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Accept the energy service contract for HVAC replacements, LED lighting, and landscape irrigation controllers, as complete; and

2. Authorize staff to file the Notice of Completion.

BACKGROUND/DISCUSSION:

At the April 26, 2021 City Council meeting, City Council approved an Energy Service contract with ABM Building Solutions LLC and a Master Equipment Lease-Purchase Agreement with Holman Capital Corporation, following a Request for Qualifications for the EnergyAudit and Implementation of Energy Conservation Project. The contract scope required contractors to identify, design, install, maintain, monitor and arrange financing of large-scale, comprehensive energy system improvements, smart building infrastructure and operational efficiency programs under Government Code 4217.10-18.

On March 31, 2022,ABM completed the following scope of work:
• Thirty-four (34) new HVAC units were installed. Twelve (12) new roof top package units at City Hall, Police Department, Public Works, Resource Center and Neighborhood Youth Center. Twenty-two (22) split systems at Police Department, Clara Senior Center, Ford Park Golf Course, Veterans Park and Neighborhood Youth Center. This included the replacement of existing thermostats with new digital programmable thermostats. • New interior and exterior energy efficient LED lighting (LED tubes and fixtures) installed at City Hall, Police Department, Public Works, Resource Center, Hannon Park, Bell Gardens Veterans Park,Asmus Park, Marlow Park and Neighborhood Youth Center. • Installation of twelve (12) Smart Irrigation Controllers for water conservation measures at Civic Center, Ford Park, Marlow Park, Gallant Park and Neighborhood Youth Center. This included repairs to the irrigation system and mounting, wiring and programing. • Installation of nineteen (19) new poles and LED fixtures around the walkways throughout 259

Veterans Park.

The Project Inspector conducted their final inspection, reviewed the project documents, and determined that the project was completed satisfactorily and in conformance with the project scope.

CONCLUSION:

These improvements to City facilities will provide reliability, immediate savings in maintenance and repairs, and future energy savings. Once City Council accepts the HVAC replacements, LED lighting, and landscape irrigation controllers as complete, staff will file the required Notice of Completion.

FISCAL IMPACT:

The cost of the project is $2,224,435 and is being paid for through a 15-year Tax Exempt Municipal Lease at a 2.99% interest rate. No out-of-pocket capital was required by the City. The annual lease repayment is $186,364, which is being paid from the energy and operational savings created by the project. Lease repayment will be complete in 2036.

ABM identified $157,489 in annual savings over a 15-year period using baseline conditions that determined the City's energy consumptions in annual utilities and operational cost by implementing the completed conservation measures. These energy savings are financially guaranteed by ABM through an annual Measurement and Verification program and guarantee.

ATTACHMENTS:

Exhibit 1 - Notice of Completion
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 260

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name
Street
Address
City&
State

SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Bell Gardens

3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201

4. The nature of the interest or estate of the owner is in fee. (If other than fee,strike"in Fee"and insert,for example,"purchaser under contract of purchase,"or"lessee")

5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on 03/31/2022 .The work done was:

Replacement of HVAC units, new interior and exterior LED lighting and Smart Irrigation Controllers,

7. The name of the contractor, if any,for such work of improvement was ABM Building Solutions LLC. 04/26/2021
(If no contractor for work of improvement as a whole,insert"none") (Date of Contract)

8. The property on which said work of improvement was completed is in the city of Bell Gardens County of Los Angeles , State of California,and is described as follows:Various City Facilities

9. The street address of said property is None
(If no street address has been officially assigned,insert"none") Dated:

Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I,the undersigned,say: I am the the declarant of the foregoing ("President of,""Manager of,""A partner of,""Owner of,"etc.) notice of completion; I have read said notice of completion and know the contents thereof;the same is true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on 20 at California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
Exhibit 1 261

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 12.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: APPROVAL OF SIDE LETTERAGREEMENT BETWEEN THE CITYAND

THE BELL GARDENS POLICE OFFICERS ASSOCIATION
DATE: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council, by motion, approve the attached resolution adopting a Side Letter Agreement between the City of Bell Gardens and the Bell Gardens Police Officers Association (BGPOA).

BACKGROUND/DISCUSSION:

On October 11, 2021, the City and BGPOA entered into a Memorandum of Understanding (MOU)with a term of July 1, 2021 to June 30, 2023. Thereafter, the parties agreed to a limited re- opener regarding the holiday provision. The City's negotiators and representatives of the BGPOA met and conferred in accordance with the Meyers-Milias Brown Act.

The City and BGPOA have reached a tentative agreement on a side letter agreement that amends Article VII I, Section 1 Holiday-In-Lieu Pay, subject to City Council Approval. The side letter agreement would amend the MOU in a limited manner by allowing for an opt out of holiday in-lieu pay and earning of holiday leave. At the end of the calendar year, and prior to the beginning of the next calendar year, unit members will be required to make an irrevocable election as to whether to receive holiday pay or leave.

CONCLUSION:

Since BGPOA members work without regard to holidays, it is reasonable to establish a holiday provision that allows unit members a flexible holiday benefit. Therefore, staff recommends that the City Council approve the Side Letter Agreement between the City of Bell Gardens and the Bell Gardens Police Officers Association and amend Article Vill, Section 1 of the BGPOA MOU.

FISCAL IMPACT:

There is no additional Fiscal Impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-31 Approving Side Letter Agreement with BGPOA 262

Exhibit 2 - Side Letter Agreement POA Holiday
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 263

RESOLUTION NO. 2022-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF BELL GARDENS THE CITY OF BELL GARDENS POLICE OFFICERS ASSOCATION ("BGPOA")
WHEREAS, the parties entered into a Memorandum of Understanding (MOU) with a term of July 1, 2021 to June 30, 2023; and
WHEREAS, the MOU at Article Vill, Section 1 Holiday In-Lieu Pay states that effective the first full pay period following ratification of this agreement, employees represented by the Association shall be paid at the employee's base hourly rate each biweekly payroll one twenty sixth (1/26) of the total holiday hours earned for the year equivalent to 12 holidays {120 hours (4/10 schedule) or 144 hours (3/12 schedule)} annually; and
WHEREAS, the parties seek to amend the MOU in a limited manner by allowing for opt out of holiday in-lieu pay and earning of holiday leave; and WHEREAS, all other terms of the MOU shall remain in effect.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Unless otherwise indicated in this Resolution, the following terms and conditions of employment for those employees in the unit represented by the Bell Gardens Police Officers Association, shall be adopted and implemented prospectively with City Council passage, approval and adoption of the Side Letter Agreement attached hereto as Exhibit 2 ("Side Letter Agreement").

SECTION 3. The parties have agreed to amend Article Vlll, Section 1. Holiday In- Lieu Pay of the MOU to now read as follows:

Section 1. Holiday In-Lieu Pay and Holiday Leave
At the end of the calendar year (i.e. year 1), and prior to the beginning of the next calendar year, employees must make an irrevocable election as to whether to receive either: A) Holiday In-Lieu Pay; or B) Holiday Leave, for the next calendar year (i.e. year Employees shall make the irrevocable election by submitting a completed City issued form within two weeks of the City's issuance of the form. Upon submission of the form, the employee's election is irrevocable, and will be final and remain in effect for the entirety of the subsequent calendar year. If an employee fails to submit the form to I
Exhibit 1 264

Resolution No. 2022-31
the City by the deadline stated in the form, the election made by the employee in the previous calendar year shall apply to the subsequent calendar year.

A) Holiday In-Lieu Pay
Employees represented by the Association shall be paid at the employee's base hourly rate each biweekly payroll one twenty sixth (1/26) of the total holiday hours earned for the year equivalent to 12 holidays {120 hours (4/10 schedule) or 144 hours (3/12 schedule)} annually.

B) Holiday Leave
Employees represented by the Association may opt out of the holiday in-lieu pay and elect to earn holiday leave each month. Employees will earn 10 or 12 hours per month depending on work schedule. The total holiday hours earned for the calendar year is the equivalent to 12 holidays {120 hours (4/10 schedule) or 144 hours (3/12 schedule)}.

These hours earned ("holidays") are in lieu of legal holidays or other holidays. Use of such holidays shall be in increments of full workdays and subject to advanced approval.

Holiday leave may not be carried over from one calendar year to a succeeding calendar year. Unused holiday leave shall be paid out at the end of the calendar year at the employee's base hourly rate.

Under no circumstances shall holiday-in-lieu pay or holiday leave exceed the equivalent of 12 holidays per year. Holiday leave earned shall be capped at 120 hours or 144 hours depending on work schedule. If the maximum accrual is reached, the affected employee shall cease to accrue holiday leave until such bank is reduced below the maximum accrual amount.

At the time of hire, new hires will make an irrevocable election on whether to receive holiday-in-lieu pay or holiday leave during the remainder of the calendar year. The new hire must also make an irrevocable election at the end of the calendar year on whether to receive holiday-in-lieu pay or holiday leave during the subsequent year.

Current unit members will be afforded the opportunity to "opt out" of holiday- in-lieu pay beginning the first full month following ratification of this agreement. This election will be final and irrevocable for the remainder of the calendar year of the ratification of this agreement. Thereafter, in subsequent calendar years, employees must make an irrevocable election at the end of each calendar year as described in the process above. 2 of 4
Exhibit 1 265

Resolution No. 2022-31
SECTION 4. The City Council hereby approves and adopts the Side Letter Agreement attached to the Staff Report as Exhibit 2.

SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute the Side Letter Agreement and all documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 6. The City Clerk shall attest and certify to the passages and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 11t" day of April, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
3of4
Exhibit 1 266

Side Letter of Agreement
Between
City of Bell Gardens and the Bell Gardens Police Officers Association This side letter of agreement ("Agreement") memorializes an agreement entered into between the City of Bell Gardens ("City') and the Bell Gardens Police Officers Association ("Association") (collectively"Parties") with respect to the following:

WHEREAS, the Parties entered into a Memorandum of Understanding (MOU) with a term of July 1, 2021 to June 30, 2023; and
WHEREAS, the MOU at Article VIII, Section 1 Holiday In-Lieu Pay states that effective the first full pay period following ratification of this agreement, employees represented by the Association shall be paid at the employee's base hourly rate each biweekly payroll one twenty sixth (1/26)of the total holiday hours earned for the year equivalent to 12 holidays 1120 hours (4/10 schedule) or 144 hours (3/12 schedule)}annually; and
WHEREAS, the Parties seek to amend the MOU in a limited manner by allowing for opt out of holiday in-lieu pay and earning of holiday leave;
WHEREAS, all other terms of the MOU shall remain in effect; NOW THEREFORE, the Parties have agreed to amend Article VIII, Section 1 Holiday In-Lieu Pay of the MOU to now read as follows:

Section 1. Holiday In-Lieu Pay and Holiday Leave
At the end of the calendar year(i.e.year 1),and prior to the beginning of the next calendar year, employees must make an irrevocable election as to whether to receive either:

A) Holiday In-Lieu Pay; or B) Holiday Leave, for the next calendar year (i.e. year 2).

Employees shall make the irrevocable election by submitting a completed City issued form within two weeks of the City's issuance of the form. Upon submission of the form, the employee's election is irrevocable, and will be final and remain in effect for the entirety of the subsequent calendar year. If an employee fails to submit the form to the City by the deadline stated in the form, the election made by the employee in the previous calendar year shall apply to the subsequent calendar year.

A) Holiday In-Lieu Pay
Employees represented by the Association shall be paid at the employee's base hourly rate each biweekly payroll one twenty sixth (1/26) of the total holiday hours earned for the year equivalent to 12 holidays 1120 hours (4/10 schedule) or 144 hours (3/12 schedule)}annually.
10023943.2 BE030-175-4/5/22
Exhibit 2 267

B) Holiday Leave
Employees represented by the Association may opt out of the holiday in-lieu pay and elect to earn holiday leave each month. Employees will earn 10 or 12 hours per month depending on work schedule. The total holiday hours earned for the calendar Year is the equivalent to 12 holidays 1120 hours (4/10 schedule) or 144 hours (3/12 schedule)}.

These hours earned ("holidays")are in lieu of legal holidays or other holidays. Use of such holidays shall be in increments of full workdays and subject to advanced approval.

Holiday leave may not be carried over from one calendar Year to a succeeding calendar Year. Unused holiday leave shall be paid out at the end of the calendar Year at the employee's base hourly rate.

Under no circumstances shall holiday-in-lieu pay or holiday leave exceed the equivalent of 12 holidays per Year. Holiday leave earned shall be capped at 120 hours or 144 hours depending on work schedule. If the maximum accrual is reached, the affected employee shall cease to accrue holiday leave until such bank is reduced below the maximum accrual amount.

At the time of hire, new hires will make an irrevocable election on whether to receive holiday-in-lieu pay or holiday leave during the remainder of the calendar Year. The new hire must also make an irrevocable election at the end of the calendar Year on whether to receive holiday-in-lieu pay or holiday leave during the subsequent Year.

Current unit members will be afforded the opportunity to"opt out" of holiday-in-lieu pay beginning the first full month following ratification of this agreement. This election will be final and irrevocable for the remainder of the calendar Year of the ratification of this agreement. Thereafter, in subsequent calendar Years, employees must make an irrevocable election at the end of each calendar Year as described in the process above.

FOR THE ASSOCIATION AND CITY OF BELL GARDENS:

I agree on behalf of the Association: I agree on behalf of the City:

Daniel Ramirez Date Michael O'KeIIV Date
BGPOA President City Manager
Nancy Fierro Date
BGPOA Vice President
10023943.2 BE030-175-4/5/22
Exhibit 2 268

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 13.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: RENT CONTROL UPDATE/REQUEST FOR DIRECTION
DATE: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council direct staff to:

1. Prepare a rent stabilization and just cause eviction ordinance as identified in the body of this report; or

2. Take no further action and receive and file this report.

BACKGROUND/DISCUSSION:

AB 1482, City Urgency Ordinance, and COVI D-related Tenant Protections Assembly Bill 1482, known as the Tenant Protection Act of 2019, established statewide rent control and eviction protections for a period of 10 years. The Governor signed the bill on September 14, 2019, and the law went into effect on January 1, 2020.

Prior to AB 1482 becoming law, City Council, at the recommendation of staff, created a Rent Control Ad Hoc Committee to study the issue and bring back findings to the City Council.

On October 28, 2019, the City Council adopted Urgency Ordinance No. 900-U to protect tenants from unreasonable rent increases as an urgency measure prior to the effective date of Assembly Bill 1482 (i.e., September 14, 2019 to December 31, 2019). The urgency ordinance was intended to prevent property owners of multi-family units (duplex and higher) in the City of Bell Gardens from increasing rents by more than three percent (3%) or evicting a tenant without "just cause" (e.g., failure to pay rent or comply with City codes)during the brief unprotected period.

On December 9, 2019, the City Council adopted Urgency Ordinance No.902-U to extend the initial 45-day ordinance (i.e., 900-U) until the end of the year. Once AB 1482 went into effect, the City Council decided to wait to see how effective the new State law would be before considering a permanent rent control ordinance.

Shortly after the implementation of AB 1482, the Covid pandemic hit. The State and County approved temporary eviction and rent increase moratoriums to protect tenants impacted by the pandemic. Therefore, staff held off on further ordinance considerations, given the rapidly changing legal landscape. The State has started to phase out its pandemic-specific protections, but certain important legal protections remain. Countywide tenant protections are currently in place through December 31, 2022.
269

Non-Profit Proposal
In February of 2021, a non-profit organization named East Yard Communities for Environmental Justice ("EYCEJ") approached the Mayor and staff about considering a rent control ordinance and other tenant protections. California Latinas for Reproductive Justice ("CLRX) and Union de Vecinas de Bell Gardens ("UNI DAS") (collectively, "Nonprofit Groups") submitted a proposal recommending that the City (1) adopt a permanent rent stabilization ordinance; (2) adopt a permanent just cause eviction ordinance; and (3) enact complementary tenant protection policies to strengthen the rent stabilization and just cause eviction ordinances. The proposal listed a range of policy recommendations that addressed 32 additional tenant protections the group believed were lacking in the State's Tenant Protection Act of 2019. A copy of the proposal updated as of March 2022 is attached as Exhibit 1.

Rent Control Ad Hoc Committee
In response, and at the direction of the City Council, the Rent Control Ad Hoc Committee ("Committee") was expanded from five 5 to 7 members to ensure greater representation and further address the subject matter (i.e., two Council members, two tenants, two property owners, and a non-profit representative).

Public Engagement
The Committee held its first public workshop on Thursday, December 9, 2021, at Ross Hall/Veterans Park. The workshop was noticed on the City's social media platforms, the City's website, and via mailers to residents one month ahead of the event and re-noticed on social media one week before the event as a reminder.

The workshop was well attended in person and online with about 45 participants in person and 20 participants online. It was simultaneously translated in Spanish throughout the event. During the workshop, staff and the City Attorney presented an overview of State law and the major tenant protection recommendations that had been introduced by the Nonprofit Groups. Three panelists who are industry professionals were invited to participate and provide comments for the public's benefit. As part of the workshop agenda, a time for"Questions and Answers" and a time for public testimony were provided.

Following the workshop, the Committee met on January 13, 2022, to debrief and discuss how the workshop went and what improvements could be made for the next workshop. The consensus was that the workshop was an overall success, but certain things could be improved such as the sound equipment and chat response coordination. In addition, the Committee gave the City Attorney and staff direction to seek outside resources, such as non-profit aid organizations, to volunteer for the second workshop since most of the concerns voiced by the residents required direct legal assistance related to specific circumstances.

A second public workshop was held on Saturday, March 12, 2022, at Ross Hall/Veterans Park.

The workshop had greater attendance than the first workshop with over 70 attendees in person and over 30 online attendees. Like the first workshop, it was simultaneously translated in Spanish and a panel of three professionals representing tenant rights and advocacy groups as well as property owner and property management interests were present to provide comments on rent control. Volunteer resource booths were made available outside of the workshop space during and after the workshop for the benefit of participants. These booths were provided by The Legal Aid Foundation of Los Angeles, The Housing Rights Center, Stay Housed LA, and the Bell 270

Gardens Family Service Center.

Key Take-aways from Workshops and Committee Meetings:

The Committee has studied the issues and received comments from residents, community members and property owners at both workshops. Some key themes that have emerged are listed below:
• A rent stabilization ordinance may minimize tenant turnover. • Landlords must legally receive a fair rate of return. • An ordinance can help prevent bad actors and landlord and tenant harassment. • I mpact on development and construction:
• Does not apply to new development (for 15 years).
• May encourage new developers to build "for-sale" units versus rental units. • May discourage capital investment.
• A tool, not cure all for housing crisis:
• Rent control is a tool but not the solution to increase housing production and affordability.
• Does not apply to all units.
• Does not mandate housing production or create affordable housing. • Vulnerable group protections:
• Creates a buffer that allows seniors on fixed incomes, low-income tenants, and other vulnerable groups that are cost-burdened to meet the financial demands of rent increase.
• May have unintended consequences (cannot forecast impact on housing stock, affordability, and market conditions).

The Committee met on March 21, 2022, to debrief and discuss the outcome of the second public workshop and next steps. The Committee discussed two key points:

1. Need to ask the City Council for direction on preparing an ordinance or receiving and filing the information with no further action; and

2. If the Council directs staff to prepare an ordinance, what key provisions should be included.

Proposed Rent Stabilization and Just Cause Ordinance Key Provisions If the Council directs staff to prepare an ordinance, staff and the Committee have identified five main provisions proposed by the Nonprofit Groups to broaden existing tenant protection for consideration. These are:
• Lower cap on annual rent increases
• Expand units covered by rent control
• Create a rent board to implement ordinance
• Further limit grounds for eviction
• Prevent no-fault evictions for households with school-aged children and school staff during school year
Below is a brief overview of the current protections under State law, the proposed changes by the nonprofit, and staff comments and recommendations. Further details are provided in the table on Exhibit 2.
271

1. Cap on Annual Rent Increases for Covered Units
• State Law
• Rent may be raised twice per year
• 5% plus regional CPI (inflation rate),
• Maximum of 10%for units subject to rent control
• Non-Profit Group Proposal
• May only increase rent once per year
• No more than 50% of C P I
• Maximum of 3%
• Staff Comments/Recommendations
• Limit rent increases to once per year
• 4% plus 100% of CPI
• Maximum of 8%

2. Expand Units Covered
• State Law
• Exempts units built in last 15 years and other types of housing • Single family homes, condominiums rented by owner, owner-occupied duplexes, deed restricted affordable housing
• Non-Profit Group Proposal
• Coverall legally allowable units
• SFR (two or more on lot), townhouses, duplexes, apartments, temporary housing (30+ days), mobile homes, residential unit attached to commercial building
• Staff Comments/Recommendations
• Maintain conformance with state law

3. Create Rent Board
• State Law
• Not addressed
• Non-Profit Group Proposal
• Create new 5-member board to implement ordinance
• Elected or appointed (represent City demographics)
• Announce annual allowable increases
• Other responsibilities include disseminate information, maintain unit registries • Staff Comments/Recommendations
• Creating Rent Board is not recommended due to associated costs • Consider budgeting for housing staff to serve as a liaison between residents and housing resources, in lieu of establishing a rent board.

4. Restrict Grounds for Eviction
• State Law
• Landlord needs "just cause" to terminate tenancy occupied for 1 year • Law provides permissible at-fault and no-fault causes • Non-Profit Group Proposal
• Limit allowable reasons for"at-fault" evictions to:
• Failure to pay rent after 3 days written notice
• Material breach of rent agreement after 10 days' notice 272

• Refuse reasonable access to landlord
• Create substantial nuisance/illegal activity
• Failure to vacate
• Staff Comments/Recommendations
• Maintain conformance with state law

5. Prevent No-Fault Evictions During School Year for Children and School Staff • State Law
• Not addressed
• Non-Profit Group Proposal
• Prohibit"no-fault" evictions during school year for:
• Households with school-aged children and
• School staff
• Staff Comments/Recommendations
• Requires further research
CONCLUSION:

After several Committee meetings and two public workshops, staff and the Committee would like direction from the City Council as to whether they would like to proceed with the preparation of a local rent stabilization Ordinance, and the provision(s) to be included, or take no further action. In cities without local rent control, statewide rent control applies.

FISCAL IMPACT:

Local rent control will require administration. Additional staffing and legal counsel will create costs, which will be dependent on direction given by Council. No specifics can be provided as municipalities of similar size and scope were not identified. However, the following cities with rent control boards have the stated annual budgets:
• Santa Monica had an operating budget of $5.5 million for 2021/22; • West Hollywood had an operating budget of$2.4 million for 2017/18; and • San Francisco has a projected operating budget of $13.35 million for 2021/22 In lieu of a rent control board, the cities of Pasadena and Downey have allocated funds toward rental assistance from $142 million annually. For a city the size of Bell Gardens, staff anticipates a cost of $150k to $250k annually for Housing Division staff, as proposed in in this report, to assist the public.

ATTACHMENTS:

Exhibit 1 - Non-Profit Proposal
Exhibit 2 -Table 1, State Law, Non-Profit Proposal, Staff Recommendations APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 273

Exhibit 1: March 2022 Proposal

CAUFORNIA
r
"NREPRODUME UNIDAS
IRecoinimeindatioins for "'Ili"' in int Ili:I iirot c iii o ins for the iiit of 1136111 Gardens (Updated 12022)
Adopt a Perm neint IC eint Stalbillization Ordinance
uj Limit annual rent increases to once per year and to % CPI to track inflation, with a floor o % and a ceiling of 3%.
u Cover all legally allowable units, including apartments, townhouses, duplexes, two or more single family homes on the same lot, rooms rented out in single family homes, rooms in hotels, motels, rooming houses or boarding houses occupied by the same tenant for 30 or more days, residential units attached to a commercial building,—mobile homes, trailer homes and recreational vehicles.
uj Create a Rent Board to implement the ordinance and announce annual allowable rent increases. This Rent Board should consist of five members and be majority tenants. - Responsibilities would include disseminating Know Your Rights materials in the languages commonly spoken by tenants and require landlords to provide these materials at lease-up, when issuing a rent increase, and if issuing a notice of eviction. uj Prohibit rent increases if the Landlord has failed to substantially comply with all provisions of the ordinance; to maintain the Rental Unit in compliance with California Civil Code Sections 11.1 et seq. and California Health and Safety Code Sections 172 .3 and 172 .1 ; or failed to make repairs ordered by an Officer of the Court, the Rent Board or the City of Bell Gardens.
u *Explore all possible options for protecting tenants in single family homes and other units ineligible for rent stabilization, including an economic displacement assistance policy, which would allow tenants to request relocation assistance instead of accepting a significant rent increase.

Adopt a Perm neint Just Cause IE, fiction Ordinance
u Limit allowable "at-fault" evictions to the following grounds u Failure to pay rent within three days of receiving written notice from the landlord demanding payment
uj Material breach of rental agreement (if a tenant has not fixed the problem within 10 days of receiving notice from the landlord)
• Failure to provide landlord reasonable access to the rental unit • Creating a substantial nuisance or using the rental unit for illegal purposes uj Failure to move out of the rental unit as required by an approved relocation application
uj Household is above income limits in government regulated units uj Limit allowable no-fault evictions to only those required by state law.

Li Provide relocation assistance to tenants evicted on "no-fault" grounds at same or comparable rates provided by the LA Rent Stabilization Ordinance and Just Cause Exhibit 1 274

protections. Should consider a slightly reduced relocation assistance fee for"Small Landlords" (defined as those owning 3 units or less).
uj Ensure that tenants living in a unit that is foreclosed on or has a change of ownership are still protected under just cause eviction protections. uj Prevent no-fault evictions for households with school® children children or school staff during the school year.
uj Allow tenants evicted through the Ellis Act a "right to return" if their unit is re-rented and minimize loss of rent stabilized units to the full extent allowed under state law. u Require that all eviction notices be served on the City as well, and failure to do so is a defense to Unlawful Detainer (eviction).
uj Ensure tenants in illegal or unregistered units, such as converted garages, are afforded the same rights and protections of this ordinance, including a right to relocation assistance should they be forced to move due to a no-fault eviction.

Einact compleimentairy teinaint protection Ipollicles -that w111111 streingthein -the permaineint reint stalbillization and just cause eviction protections. u Create a rental registry and require that all rental units be registered with the City. u Fund a robust, proactive code enforcement program to address habitability issues that includes regular inspections of all registered units.
u Fund assistance programs for low-income landlords to make necessary repairs. uj Guarantee a funded right to counsel for tenants, including pre-eviction services and rental assistance to tenants at risk of eviction.
u Regulate condominium conversions and demolitions in order to close loopholes that allow the removal of rental housing from the market
u Require owners of substandard units to complete a Property Management Program. u Create something akin to the REAP program in the City of LA which imposes fines and requires completion of a property management program for Landlords who are not in compliance with this ordinance and health and safety codes. In cases where Landlords continue to refuse to comply, tenants' rent could be reduced by up to 50% and the remaining rent put into an escrow account until the Landlord complies. uj Increase fines for retaliation against tenants asserting or exercising their rights under this ordinance or under state or federal law.
uj Increase fines for landlords who threaten tenants based on documentation status. u Incorporate special protection provisions for elderly, disabled, school® children,children, and terminally ill tenants.

Hinaince -the administration of -these 'teina int protection Ipollicles with a modest -fee 1peir unit 1pald lby (lain dloirds.. IIf Ipossi loll e, consider 1pairtneirling with 11 A County Department of Consumer IE.ius line ss Affalirsto offset costs or pairtlailly sulbsidlizing -these costs with an expendlituirefirom -the clity or county.

Exhibit 1 275

Table 1: State law, Non-Profit proposal, and Staff comments State Law AB 1482 Non-Profit Proposal City Staff Comments Lower Cap on Annual Rent Increases:

Rent increases are capped Limit annual rent increases to Limit annual rent increases to statewide for qualifying units once per year at 50% of CPI once per year at 4% and at either 5% plus the increase for inflation (with a floor of 0% 100% of CPI (with a in the regional consumer and a ceiling of 3%), thereby maximum of 4%), thereby price index (CPI), or 10% of allowing a maximum of 3% allowing a maximum of 8% the lowest rent charged at increase per year. increase per year. any time during the 12
months prior to the
increase—whichever is less.
• Additionally (and subject to
the rent cap), rent may only
be raised twice over any 12-
month period.
• State Law does not
override more restrictive local
rent controls but might apply
to units they don't cover.

Expand Rent Control Coverage:

Tenant Protection Act Cover all legally allowable Maintain in conformance with exempts many kinds of units, including apartments, State law. housing from the rent townhouses, duplexes, two or increase controls: more single family homes on
the same lot, rooms in hotels,
motels, rooming houses or
• Housing constructed in the boarding houses occupied by past 15 years, the same tenant for 30 or
more days, residential units
• Affordable housing subject attached to a commercial to a deed restriction, or building, mobile homes and agreement arising from recreational vehicles.
subsidies for very low-, low-
Exhibit 2 276

or moderate-income
households.
• College dormitories.
• Single family homes or
condominiums rented by the
owner, unless owned by a
real estate investment trust,
corporation or a limited
liability company in which at
least one member is a
corporation,
• Duplexes where the owner
occupies one unit and rents
the other, or
• Units that are already
subject to local rent control
measures.

Establish a Rent Board:

Not addressed by State law. Create a Rent Board to Staff does not recommend a implement the ordinance and Rent Board due to extensive announce annual allowable associated costs.
rent increases.

In lieu of a Rent Board, staff
This Rent Board should recommends that one full-
consist of five members and time and one part-time City must be representative of the staff positions be created as city's demographics along the a part of a Housing Division lines of gender, race, to implement and enforce the Exhibit 2 277

immigration status, income, ordinance and serve as a tenant-to-landlord ratio, and liaison between residents and spoken language. regional/state/federal
resources; these positions
would also help educate
Rent Board officials should landlords and tenants on serve for at least 2-year current law; arbitration
terms and be able to run for services could also be re-election. provided with the aid of City
legal services.

Responsibilities would
include disseminating Know Existing Community
Your Rights materials in the Development Department languages commonly spoken staff would not be able to by tenants and require absorb the responsibilities landlords to provide these associated with these duties. materials at lease-up, when
issuing a rent increase, and if
issuing a notice of eviction. Budget must be created for this.

Adopt Just Cause Eviction Ordinance:

Restrict the Grounds for Eviction:

The Tenant Protection Act Limit allowable "at-fault" Maintain in conformance with requires that once a tenant evictions to the following State law. has continuously occupied grounds:
the dwelling for 12 months, 1. Failure to pay rent within the landlord needs "just
cause" to terminate the three days of receiving
tenancy. written notice from the
landlord demanding payment;

2. Material breach of rental
• The law provides two agreement (if a tenant has
categories of"just cause" not fixed the problem within evictions: (1) "at-fault" 10 days of receiving notice causes,; and (2) "no-fault' from the landlord);
causes. The latter"no-fault"
just causes of eviction require 3. Failure to provide landlord the property owner to provide reasonable access to the relocation assistance or rental unit;
waive the last month's rent.

Exhibit 2 278

4. Creating a substantial
nuisance or using the rental
• The permissible "at-fault" unit for illegal purposes; causes for eviction include:

5. Failure to move out of the
• Rental default. rental unit as required by an
• Breach of a material approved relocation
lease term. application Household is
• Unpermitted above income limits in
sublease or transfer government regulated units.
of the premises.
• Nuisance, waste,
criminal activity,
illegal land use.
• Tenant refuses to
allow access.
• Tenant refuses to
extend a lease after
written request.
• The law contains four
categories of"no-fault'
causes of eviction.
• Landlord withdraws
the property from
the rental market
(Ellis Act)
• Owner move-in
• Substantial remodel
of the property so
long as the remodel
cannot safely
accomplished with
the tenant in place
and the remodel
requires tenant
vacancy for more
than thirty days.
• Compliance with an
order issued by a
court or
administrative
agency requiring the
tenant to vacate.
• Several types of properties
are excluded from the "just
Exhibit 2 279

cause" requirements,
including housing that has
been issued a certificate of
occupancy within the
previous 15 years, single-
family owner-occupied
residences and certain other
owner-occupied residences,
dormitories, hotels, extended
care facilities, elderly care
facilities and certain
affordable housing units.

Restrict Eviction of Teachers and Parents of Students:

Not addressed by State law. Prevent no-fault evictions for Staff is researching this households with school-aged matter further.
children or school staff during
the school year.

Exhibit 2 280

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 14.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
SUBJECT: CITY COUNCIL CHAMBER IN-PERSON PUBLIC PARTICIPATION DATE: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council review the four options discussed and give direction regarding in-person public participation for City Council Chamber meetings.

BACKGROUND/DISCUSSION:

On March 14, 2022, the City Council discussed what protocols/measures might be required if the City Council Chamber meetings were opened for in-person public participation. Staff was directed to bring this item back to City Council.

The City is required to follow the Order of the Health Officer issued by the Los Angeles County Department of Public Health. The latest order allows for full opening of indoor meetings, such as City Council meetings, with no restrictions except for the strong recommendation for the use of masks. The Order allows local governments to continue to have additional and more restrictive infection control requirements. Essentially, the Order will continue to serve as the minimum required guidance for City Council meetings, while additional measures may also be instituted.

While we welcome our recovery from the dangerous Omicron variant surge, we recognize that post-surge does not imply that the pandemic is over or that there will not be additional unpredictable waves of surges that will require different mitigation needs. COVI D-19 continues to have a disproportionate impact in the Southeast Los Angeles region and on Bell Gardens residents. Of the 85 incorporated cities in the County of Los Angeles (excludes the City of Los Angeles, City of Long Beach and City of Pasadena), Bell Gardens has 17th highest case rate (32,797 per 100,000 residents as of April 6, 2022).

Since March 2020, Bell Gardens City Council Chamber has remained mostly closed to the public.

The City has allowed the public to continue participating in meetings by providing teleconference options. For the past year, the teleconferenced meetings have been conducted via Zoom Webinar which allows simultaneous Spanish interpretation. The public has been encouraged to send comments via email or Zoom. The public is also able to watch the Iivestream in both English and Spanish on the City's website, Facebook Live, and YouTube Live.

A sampling of nearby cities shows a variety of public participation via in-person and/or teleconference only for meetings. The Cities of Commerce and Cudahy are currently allowing public participation by teleconference only (no in-person), while the Cities of Downey and South Gate are allowing in-person public participation. Additionally, the County of Los Angeles Board of 281

Supervisor's meetings remain closed for in-person public participation.

Staff has reviewed many possible scenarios and recommends the Council consider and provide direction for one of the following options, listed in order of infection mitigation level (highest to lowest):
• Option 1: The City Council Chamber shall remain closed. Teleconferenced options will continue to be provided for public participation.
• Option 2: The City Council Chamber meetings will follow the same allowance for in-person public participation as the LA County Board of Supervisors meetings. Currently, the LA County Board of Supervisors does not allow in-person public participation. Any future revisions would be automatically applied to City Council Chamber meetings. • Option 3: Limited in-person public participation for City Council Chamber meetings. The City Council Chamber pews can accommodate approximately 31 participants by excluding the first and every other row of pews and allowing 30 inches of seating. Eighteen inches (18") is a typical seating measurement, but 30 inches (30") allows a 6-inch (6") buffer on each side, per seated participant. Masks will be highly encouraged. • Option 4: Fully reopen the Council Chamber to the public. Masks will be highly encouraged.

Direction from the Council will be applied to the next City Council Chamber meeting, including City Commissions and City Council meetings, unless a specific effective date is otherwise provided.

CONCLUSION:

In-person public participation for meetings held in the City Council Chamber is currently not allowed as a means of mitigating the risk of the spread of COVI D-19. Future in-person public participation will be based on any direction provided by Council.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Order of the Health Officer Issued by the Los Angeles County Department of Public Health
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 282

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH kCOUNTY oF Los ANGREa ORDER OF THE HEALTH OFFICER Public Health

RESPONDING TOGETHER AT WORK AND IN THE COMMUNITY

POST WINTER SURGE COMMUNITY MONITORING AND CONTINUED RESPONSE MEASURES Issue Date: Wednesday, March 23, 2022
Effective at 12:01am on Friday, April 01, 2022
Brief Highlights (Changes highlighted in yellow):
3123/2022:
• Revised to align with the March 17, 2022 fate IltiNll Healthmmm(Dfflcm�m w ui: iii l m wlllm wmmll t , Effective April 1, 2022, the requirement for pre-entry vaccine verification or proof of a recent negative test result for attendees of Indoor Mega Events will be lifted and moved to a strong recommendation. 3/3/2022:
• Revised to align with the February 28, 2022 State Public Health Officer Guidance on Masking. • After March 11, the universal masking requirement of K-12 Schools and Childcare settings will terminate. Both CDPH and County Public Health continue to strongly recommend that individuals in these settings continue to mask while indoors until transmission rates are much lower. • Masks continue to be required for indoor settings with higher risks for transmission: Public Transit, Transportation Hubs, All Healthcare Settings, including Long Term Care and Adult and Senior Care Facilities, Correctional Facilities and Detention Centers, Homeless Shelters, and Emergency Shelters.
• Masks are strongly recommended, but not required, for all persons, regardless of vaccine status, in other indoor public settings and businesses. Well-fitting medical masks or respirators (e.g., N95s, KN95s, and KF94s) are highly recommended.
• In settings where masks are strongly recommended, businesses, venue operators, and hosts may choose to require masking, regardless of vaccination status, by patrons, visitors, attendees, and workers as a strategy to reduce the risk of transmission at their site(s). • Pre-entry vaccination or recent negative test verification for attendees is recommended, but not required, for Outdoor Mega Event operators.
• Pre-entry vaccination verification or recent negative test verification for patrons and employees is recommended, but not required, for Bars, Breweries, Wineries, Distilleries, Nightclubs and Lounges. • Employers are required to offer medical grade masks and respirators to employees who work indoors and in contact with other workers, customers, or members of the public in settings where there is optional masking.
• In settings where pre-entry verification of vaccination or a negative COVID-19 viral test result is not required, businesses, venue operators, and hosts may choose to require pre-entry verification of COVID-19 vaccination, pre-entry verification of a negative COVID-19 viral test result, or both as an additional, important strategy to reduce transmission at their site(s), regardless of masking. • As a reminder, no person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
• Local government entities and businesses may continue to have additional and more protective infection control requirements.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 1 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 283

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH X CouNN OF Los ANGELES (ORDER OF THE HEALTH OFFICER
Public Health
............................................. ....................................................................................................

Please read this Order carefully.

SUMMARY OF THE ORDER:

After the post-winter surge, the County of Los Angeles continues to experience consistent declines in COVID-19 cases, test positivity rates, and related hospitalizations. The consistency in the decline of these important metrics in the County and across the State allow for a significant revision of required community-level infection control strategies. This Order refocuses the public health response to COVI D-1 9 in Los Angeles County to protect the most vulnerable among us at higher risk settings, safeguard the functioning of the hospital and health care system, prevent unconstrained illness and spread of COVI D-1 9, and prepare for future challenges presented by the evolving conditions of SARS-CoV-2 virus. This Order utilizes both the February 25, 2022 19 .%
Centers for Disease Control and Prevention's (CDC) Q)VI )..........ic, QO��11,711.1 metrics and ... .. ....
11, ��) r�
prevention strategies and the State of California's &Q EJ[ART ���,J�� [i.�11� i to guide the realignment of the County's public health mitigation response.

This Order mainly aligns with the State Public Health Officer Order of February 28, 2022. It continues to place certain safety requirements on individuals at higher-risk settings consistent with federal and state rules. Further, this Order incorporates by reference the July 26, 2021, and December 22, 2021 Orders of the State Public Health Officer, which require specific transmission prevention measures to be taken by Acute Health Care and Long-Term Care settings, High-Risk Congregate settings, and Other Health Care settings. Importantly, the State Orders recognize that local government entities, businesses, and venues may choose to continue requiring more protective infection control precautions for their customers, visitors and workers.

Beginning March 4, 2022, masking will continue to be strongly recommended, but no longer be required, in most indoor settings. Beginning March 12, 2022, masks will continue to be strongly recommended, but will not be required, in K-12 Schools or childcare facilities. Masking will continue to be required for all persons, regardless of vaccination status, in higher transmission risk settings, like on public transit and in transportation hubs, all health care settings, correctional facilities and detention centers, emergency shelters, cooling and heating centers, homeless shelters, and long-term care settings and adult and senior care centers.

Thankfully, since mid-January 2022, case and test positivity rates and hospitalizations have consistently declined. As of March 17, 2022, the Q­Q­,Q.'s Qgi . ti"WILA''k ygL2!g�J.2s,, which
.................i...---measure the impact of COVID-19 illness on health and health care systems, indicate that the County has a 7-day average case rate of 83.42 new cases per 100,000 in population, a 7-day cumulative rate of 42 new admissions of confirmed COVID-19 per 100,000 population, and a 7-day average of 4.9% of its staffed inpatient beds in use by (patients with confirmed COVID-19, These metrics demonstrate that the COVID-19 burden on the County's heafth care systern is now at a Low level. However, federal CDC indicators and thresholds measuring community transmission of COVID-1 9 within the County of Los Angeles continue to be at a Substantial level.

As recognized by the State Public Health Officer, the continuance of certain community level mitigation measures, especially in high transmission risk settings, is appropriate.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 2 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 284

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH co0N7Y OF Los ANGELES ORDER OF THE HEALTH OFFICER Public Neellb
Even though more people in Los Angeles County and the region are vaccinated against the virus that causes COVID-19, there remains a risk that when outside of their residence people may come into contact with others who may have COVID-19. There are millions of people in Los Angeles County who are not yet vaccinated against COVID-19, including children under 5 years of age who are not currently eligible to be vaccinated, and people who are immunocompromised and may be particularly vulnerable to infection and disease. Most COVID-19 infections are spread by people who have no or mild symptoms of infection. The Omicron variant, currently the predominant strain in Los Angeles County, spreads more easily than the original virus that causes COVID-19. While the Omicron BA.1 variant is currently the dominant variant in Los Angeles County, there is a gradual increase in the level of the BA.2 subvariant in the County.

The BA.2 subvariant is highly transmissible, and has become the dominant variant in many countries, including some in Europe that are facing renewed surges in cases and increased hospitalizations. In the absence of masking while in indoor settings, unvaccinated and partially vaccinated persons are more likely to get infected and spread the virus and any subvariants, which are transmitted through the air and concentrate in indoor settings.

Current vaccines lower the risk of infection and, if infected, help protect against severe illness, hospitalizations, and deaths due to infection with the Omicron variant. However, breakthrough infections in people who are vaccinated can occur, but at a significantly lower rate than those among persons who are not fully vaccinated.' People who are up to date (up to date means fully vaccinated and received a booster dose or fully vaccinated but not yet booster-eligible) with their COVID-19 vaccines and get COVID-19 are less likely to develop severe illness, be hospitalized, or die than those who are unvaccinated and get COVID-19. Although no vaccine is 100 percent effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines, including the primary series, booster shots and additional doses for those who need them, remain the best form of protection against COVID-19 infection, hospitalization, and death. For the week ending February 19, County residents ages 5 and older who were unvaccinated were .nearly three and half times more likely to be infected and 10 and a half times more likely to be hospitalized when compared to individuals who were fully vaccinated and boosted. When comparing fully vaccinated individuals with unvaccinated individuals, fully vaccinated people were 18 times less likely to die from COVID-19. Vaccinations are widely available to those 5 years and older. Booster doses are available for everyone 12 years and older.

Additionally, according to the CDC "...getting a COVID-19 vaccination is a safer and more dependable way to build immunity to COVID-19 than getting sick with COVID-19. COVID-19 vaccination causes a more predictable immune response than infection with the virus that causes COVID-19." Conversely, the level of protection people get from COVID-19 infection alone may vary widely depending on how mild or severe their illness was, the time since their infection, which variant they were infected with, and their age. A recent study showed that, for people who already had COVID-19, those who do not get vaccinated after their recovery are 1 People are considered "fully vaccinated" against COVID-19 two weeks or more after they have received the second dose in a 2-dose COVID-19 vaccine series (e.g., Pfizer-BioNTech or Moderna), a single-dose of Johnson and Johnson [J&J]/Janssen COVID-19 vaccine, or finished the series of a COVID-19 vaccine that has been Ilia t ,mp � Muw, by the World Health Organization.

Responding Together at Work and in the Community Beyond The Blueprint For Safer Economy, Page 3 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 285

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTf OF LOS ANGELES

ORDER OF THE HEALTH OFFICER
�� Public H�el�b
more than 2 times as likely to get COVID-19 again than those who get fully vaccinated after their recovery.

Based on this current science, the best way to reduce the current level of community transmission, reduce the likelihood of new variants emerging, and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated and be up to date on their vaccines as soon as possible. People at risk for severe illness from COVID-19 (more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die), such as unvaccinated older adults, people from racial and ethnic minoritygroups, and individuals with �wiin er iij iiimi�w�� � w liiti„�i Ilhi,g m iii ii sll< 9 p . w w,w�w ui i� w°„ww� � .. � . .. r mseve� ire Cov III .19 2 and members of their households, are strongly urged to get vaccinated against COVID-19 as soon as they can if they have not already done so. And all persons who are fully vaccinated should also receive a booster dose of the COVID-19 vaccine as soon as they are eligible since studies show the protection from the primary COVID-19 vaccination decreases over time. With an increased immune response, people should have improved protection against getting infected with and seriously ill from COVID-19, including the variants.

Those who are not fully vaccinated are urged to adhere to both the required and recommended risk reduction measures.

We must remain vigilant against variants of the virus that causes COVID-19, especially given the continuing levels of transmission here and in other parts of the country and world. It is, therefore, prudent to strongly recommend continued indoor masking for all, regardless of vaccination status, as an effective public health measure to reduce transmission between people until we reach lower rates of community transmission. We believe that if people who live and work in Los Angeles County continue taking common sense measures to prevent the spread of COVID-19, we will continue to experience the current consistent rate of declines in case, test positivity rates, and hospitalizations.

This Order's primary intent is now to reduce the transmission risk of COVID-19 in the County for those in higher transmission risk settings, especially those who are not fully vaccinated and fully vaccinated but immunocompromised persons. Everyone should recognize that post-surge does not mean that the pandemic is over or that there will not be additional unpredictable 2 Based on the current evidence, a person with one or more of the medical conditions listed below is more likely to get very sick(more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die) from COVID-19. The underlying medical conditions associated with high risk severe COVID-19 include: Cancer, Cerebrovascular disease, Chronic kidney disease, Chronic lung diseases (Interstitial lung disease, Pulmonary embolism, Pulmonary hypertension, Bronchiectasis, COPD (chronic obstructive pulmonary disease)), Chronic liver diseases (Cirrhosis, Non-alcoholic fatty liver disease,Alcoholic liver disease,Autoimmune hepatitis),Cystic fibrosis, Diabetes mellitus, type 1 and type 2, Disabilities (Attention-Deficit/Hyperactivity Disorder(ADHD), Cerebral Palsy, Congenital Malformations (Birth Defects), Limitations with self-care or activities of daily living, Intellectual and Developmental Disabilities, Learning Disabilities, Spinal Cord Injuries), Heart conditions (such as heart failure, coronary artery disease, or cardiomyopathies), HIV (human immunodeficiency virus), Mental health disorders (Mood disorders, including depression, Schizophrenia spectrum disorders), Neurologic conditions limited to dementia, Obesity (BMI �:30 kg/m2), Primary Immunodeficiencies, Pregnancy and recent pregnancy, Physical inactivity, Smoking (current and former), Solid organ or hematopoietic cell transplantation, Tuberculosis, and Use of corticosteroids or other immunosuppressive medications.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 4 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 286

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH (COUNTY of Los ANGEL@$ ORDER OF THE HEALTH OFFICER Public 1188
waves of surges that will require monitoring and may require implementing different strategies to meet changing miti do s, The Countyill need to be ready to meet those challenges should they arise. You can find more detailed information regarding the metrics used to assess the risk posed by COVID-19 and assign appropriate prevention measures, in the 1-los Ailgwgio This Order will be revised in the future, if needed, to reflect the StateExecutive Orders, California Division of Occupational Safety andHealth's (better known as Cal/OSHA) worksite requirements, tate Public Health Officer Orders and guidance, n recommendations.

Should local COVID-19 conditions warrant, the County Health Officer may, after consultation with the Board of Supervisors, issue Orders that are more protective than those of the State Public Health Officer.

This Order is effective i in the County of Los I u lic Health Jurisdiction, defined as all cities and unincorporated areas within the County of Los Angeles, except for the cities of Long ch and Pasadenamust follow their respective Cit a Ith Officer orders and guidance. This Order is effective at 12: 1 am on Friday, April 01, 2022.

SAFETYUNDER THE AUTHORITY OF CALIFORNIA, HEALTH AND
I 101040, 101085, AND 120175,

HEALTHTHE COUNTY OF LOS ANGELES
1 his Order supersedes the HealthOfficer's Prior Order. } This Order's intent is to continue to protect the most vulnerable, including those t risk of experiencing elevated rates of illness and death, from I -1 , including ose in higher transmission risk settings, safeguard the functioning f hospitals and the health care system, prevent unconstrained spread and significant illness, and continue increasing l -1 vaccination and booster dose rates to reduce transmission of C l -1 long-term, so that the of community is safer, and the COVID-19 health emergency can come to an end.

Failure to comply with any of the Order's provisions constitutes an imminent threat n menace to public health, and a public nuisance, and is punishable y citation or fine.

This Order does not supersede any stricter limitation imposed y a local public entity within the Countyf Los Angeles Public Health Jurisdiction. The Order is consistent with existingauthority that local health jurisdictions may implement or continue or restrictive u lic health measures if the jurisdiction's Local Health Officer determines that health conditions in that jurisdiction rr nt such measures. Where a conflict exists between this Order and any State Public Health Officer Order related to controlling the spread of COVID-19 duringthis an a ic, the most restrictive provision controls, unless the Countyof Loy Angeles is subject to a court order requiring it to act on, or enjoining it from of rcing, any part of this Order, All persons living d working within the County of Los Angeles Public Health Jurisdiction should continue to always practice required n recommended COVI -1 infection control Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Rage 6 of 17 Rost Winter surge Community onitoring and continued Response Measures Revised 3/23/2022
Exhibit 1 287

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH UP Los ANGELES ublic Ne�lth
(OUNU
ORDER OF THE HEALTH OFFICER W.
measures and when among other persons when in community, work, social or school settings, especially when multiple unvaccinated persons from different households may be present and in close contact with each other, and especially when in indoor, or crowded outdoor settings.

All persons in the general public diagnosed with COVID-19 must review and comply with the requirements for isolation provided in the Health Officer Public Health Emergency II§6IIafi°n '�ii°°u��er. And those who were exposed to someone who tested positive for COVID-19 while the positive person was infectious must review and comply with the quarantine requirements provided in the Health Officer Public Health Emergency Q i.ai°_iu li4'tte 1'-)rder. Separate isolation and quarantine requirements are outlined in the oiiroiiia��iih i Dliis se i v Illviiiffec i.xi . _ _ __" W ....
�u � iii iui iii � wi i� i �iu ... iii i� Ill alll 111 m�i ��iii � III� iii� iii iu.... and m �d � III 6 a�iii m u iii� ...IIIµ ui� III ip..

III°°m l ii �i.-id, elmmum ui III __2 S 1,� , 111 Sethi ,g �. 4) Face Masks. All individuals, businesses and employers must follow the requirements of this Order.
a) The requirements and recommendations for the use of face masks are aligned with m�ii im ' uiii i �~�u w�� JI j I� g Sty III ��fllh)11l i Ilh IIIeai II IIIi� Diu 111 i��u�����ui'. This Order and the State Public Health Officer strongly recommend that all persons, regardless of vaccination status, continue to wear face masks indoors to prevent transmission to:
i) Persons with a higher risk of infection (e.g., unvaccinated or immunocompromised persons),
ii) Persons with prolonged, cumulative exposures (e.g., workers), or iii) Persons whose vaccination status is unknown.

When people wear a well-fitting mask with good filtration correctly, they protect others as well as themselves. Consistent and correct mask use (covering nose and mouth) is especially important indoors when in close contact with (less than six feet from) others who are not fully vaccinated against COVID-19 or whose vaccination status is unknown. b) Masks are required to be worn by everyone, 2 years of age and older, regardless of COVID-19 vaccination status, in the following settings:
i) On public transit (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares),
ii) In transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation),
iii) Indoors in K-12 schools and childcare facilities through March 11, 2022 (See, Appendix T1 for K-12 School masking requirements). Beginning March 12, 2022, the universal masking requirement for K-12 Schools and Childcare settings will terminate. Both the County and State Public Health Officers strongly recommend that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 6 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 288

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH k(000N1Yc*LosANG1LS ORDER OF THE HEALTH OFFICER P11111C Neailh iv) Healthcare settings(including long term care facilities and adult and senior care facilities). This requirement applies to all health care settings, including those that are not covered by the tat I-Jeal1fill Officer, s&Order � wd 0i11J!L!y 2 ,, 1. ............v) State and local correctional facilities and detention centers, and vi) Homeless shelters, emergency shelters, and cooling and heating centers. c) Masks are strongly recommended for all persons, regardless of vaccine status, in other indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, cardrooms, meetings, state and local government offices serving the public). Well-fitting and better filtering masks (e.g., double masks, high filtration cloth masks, medical masks) and respirators (e.g., N95s, KN95s, KF94s) are highly recommended. In settings where masks are strongly recommended, local government entities, businesses, venue operators or hosts should, as a strategy to reduce the risk of transmission at their site(s), consider:
i) Providing information to all patrons, guests and attendees regarding mask recommendations or their masking requirements for all persons regardless of vaccine status.
ii) Providing information to all patrons, guests and attendees to consider befteir fit and filtration for their masks. Medical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with a good fit are recommended over cloth masks. iii) Requiring all patrons, workers, or both to wear masks, especially when risk in the community may be substantial or high, or if those being served are at high- risk for severe disease or illness.
d) Special considerations are made for people with communication difficulties or certain disabilities. Clear masks or cloth masks with a clear plastic panel that fit well are an 6ftieri iativejyEze IS for people who interact with: people who are deaf or hard of hearing, children or students learning to read, people learning a new language, and people with disabilities.
e) All local government entities, businesses, venue operators or hosts should implement measures, including posting conspicuous signage, to clearly communicate the masking requirements to all persons on their premises.

No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
g) In workplaces, most employers and businesses are subject to the Cal/OSHA COVID- 19 E.M.91. ................. III and some to the QaVQ&l��JA Aipc,��"osol ........ ....... --— —---------&'isni�ssi��Ne Q�!i,.;eases Stm'ida,iJ�a, and should consult those regulations for ............ -------------------- .......................................... ....................... additional applicable requirements. The ETS allow local health jurisdictions to require more protective mandates.
i) In workplace establishments and settings with active outbreaks, the site is required to cooperate with Public Health's investigation of the outbreak, and Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 7 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3123/2022
Exhibit 1 289

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ri—COUNTY OF Los ANGEUS ORDER OF THE HEALTH OFFICER Public Health
......................................
quarantine and isolation may be extended for additional days by County Public Health,outbreak investigators to help lower the risk of ongoing transmission at the site.
ii) Healthcare personnel in any setting must comply with the State's Guidance on Quarantine for Health Care Personnel (HCP) Exposed to SARS-CoV-2 and Return to Work for HCP with COVID-19, as described in ,�Vl -2 14)8117. h) In workplace indoor settings where masking is recommended, but not required, employers are required to offer for voluntary use well-fitting medical maskS3 and respirators, such as an N95, KN95 or KF94, at no cost to their employees who work indoors and have contact with other workers, customers, or members of the public, or in vehicles with more than one person. Please note, that Cal/OSHA COVID-19 ETS require that employers provide respirators upon request for voluntary use to employees who are not fully vaccinated and who are working indoors or in vehicles with more than one person.
i) Employers that elect to maintain universal masking indoors at their business, facility, or venue are to provide well-fitting medical masks at no cost to their employees.
5) andato Re ortin b Businesses and Governmental Entities. Persons and businesses within the County of Los Angeles Public Health Jurisdiction must continue to follow the COVID-19 infection control protocols and guidance provided by the County Department of Public Health regarding isolation of persons confirmed or suspected to be infected with the virus that causes COVID-19 disease or quarantine of those exposed to and at risk of infection from COVID-19. In instances where the County has not provided a specific guidance or protocol, specific guidance or protocols established by the State Public Health Officer shall control.
a) In the event that an owner, manager, or operator of any business knows of three (3) or more cases of COVID-19 among their employees, assigned or contracted workers or volunteers within a span of 14 days, the employer must report this outbreak to the Department of Public Health at (888) 397-3993 or (213) 240-7821, or online at ww"m reds r a iinlUcaiihdr
..................
b) In the event that an owner, manager, or operator of any business is informed that one or more employees, assigned or contracted workers, or volunteers of the business has tested positive for, or has symptoms consistent with COVID-19 (case), the employer must have a protocol to require the case(s) to isolate themselves at home and require the immediate self-quarantine of all employees that had a workplace exposure to the case(s).
3 Masks with an adjustable nose bridge that are made of at least three layers of non-woven material (melt-blown fabric and/or polypropylene) will provide increased protection and meet the requirements for a "medical mask." These masks are often sold as disposable, protective, medical, or surgical masks.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 8 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 290

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH sANOEUs ORDER OF THE HEALTH OFFICER ,",,
Pahlic Health
6) LACDPH Best Practice Guidance. All individuals and Businesses are strongly urged to follow the LACDPH Best Practice Guidance, containing health and safety recommendations for COVID-19.
7) Considerations for Persons at Higher Risk for Negative Health Outcomes: At this time, people at risk for severe illness or death from COVID-19—such as unvaccinated older adults and individuals with llu u d uu Mg&4j__corid Lions wsoci atei o � 1�u g j]�pj u l l( l'b; evgu �M " ll ° —and members of their household should defer participating in activities with other people outside their household where taking protective measures, including wearing face masks and social distancing, may not occur or will be difficult, especially indoors or in crowded spaces. For those who are not yet fully vaccinated, staying home or choosing outdoor activities as much as possible with physical distancing from other households whose vaccination status is unknown is the best way to prevent the risk of COVID-19 transmission. 8) Encoura a Activities that Can Occur Outdoors.All Businesses and governmental entities are urged to consider moving operations or activities outdoors, where feasible and to the extent allowed by local law and permitting requirements, because there is generally less risk of COVID-19 transmission outdoors as opposed to indoors. 9) Ventilation Guidelines.All Businesses and governmental entities with indoor operations are urged to review the Ventilation Guidelines and implement ventilation strategies for indoor operations as feasible. See California Department of Public Health lw t �°wlli'n Q:� daii ice or raflol�l aiid"fir Qu _liii in Ilfiindoo � vuIrgiiinui m ui for detailed information. � ,....g
� �wll�il . �iil.:. __ nformation. Nothing in this Order limits any ventilation requirements that apply to particular settings under federal, state, or local law.
10)Hi h-Risk Health Care and Congregate Settings. This Order incorporates by reference the State Public Health Officer Order of July 26, 2021, which requires additional statewide facility-directed measure to protect particularly vulnerable populations. The Order is found here to wFlm L m plc 1,,1ealthmm Officer QIilJ� isuie I 11)Sec1tors that Continue to Require Additional Risk Reduction Measures. The following sectors serve persons and populations that have lower rates of vaccination, who are at higher risk of being infected, or who are not yet eligible to be vaccinated. As such, these sectors continue to require additional risk reduction measures and must operate subject to the following conditions listed below and those specified in the County sector-specific reopening protocol(s) located at�� a ii l i eal' 1i.IE: �i.i !Y-9, iiii� �i lei � ����iii u�1! ��°�. In settings where pre-entry verification of vaccination or a negative COVID-19 viral test result is not required, local government entities, businesses, venue operators, and hosts may choose to require pre-entry verification of COVID-19 vaccination, pre-entry verification of a negative COVID-19 viral test result, or both as an additional, important strategy to reduce transmission at their site(s), regardless of masking.

Responding Together at Work and in the Community Beyond The Blueprint For Safer Economy, Page 9 of 17 Post winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 291

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH cOUNiY OF LOS ANGELES ORDER OF THE HEALTH OFFICER .ry
Puhuc Health
a) Day camps. Day camp owners and operators must implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Day Camps, attached to this Order as Appendix K.
b) Schools K-12 and School Districts. All public and private schools (K-12) and school districts within the County of Los Angeles may open for in-person classes. Educational facilities serving students at any grade level must prepare, implement, and post the required Los Angeles County Department of Public Health Reopening Protocols for K- 12 Schools, attached to this Order as A and must follow the Protocol for COVID-19 Exposure Management Plan in K-12 Schools, attached to this Order as ApIlt.nd -i 2.
.
c) Mecca Events (Outdoor and Indoor). The attendance thresholds for Mega Events are 1,000 attendees for Indoor Mega Events and 10,000 attendees for Outdoor Mega Events. Mega Events include conventions, conferences, expos, concerts, shows, nightclubs, sporting events, live events and entertainment, fairs, festivals, parades, theme parks, amusement parks, water parks, large private events or gatherings, marathons or endurance races, and car shows. Mega Events may have either assigned or unassigned seating, and may be either general admission or gated, ticketed and permitted events. These events are considered higher risk for COVID-19 transmission. i} Indoor e a Events: Beginning April 1, 2022, it is strongly recommended, but not required, that Indoor Mega Event operators verify the full vaccination status4 or pre-entry negative COVID-19 viral tests result of all attendees ages 2 and older.

When continuing to implement, Indoor Mega Event operators are strongly recommended not to use self-attestation as a method to verify an attendee's status as fully vaccinated or as proof of a negative COVID-19 test result.

Operators should cross-check proof of full vaccination or negative COVID-19 viral test result against a photo identification for all attendees who are 18 years of age or older. Operators may continue to require masking, regardless of vaccination status. It is also strongly recommended that all attendees, regardless of vaccination status, wear a well-fitting mask, except when actively 4 The following are acceptable as proof of full vaccination status: 1) A photo identification of the attendee and 2) their vaccination card (which includes name of person vaccinated, type of COVID-19 vaccine provided, and date last dose administered) OR a photo of a vaccination card as a separate document OR a photo of the attendee's vaccine card stored on a phone or electronic device OR documentation of the person's full vaccination against COVID-19 from a healthcare provider.
5 Pre-entry negative COVID-19 viral testing is testing that must be conducted before entry into the event or venue (both PCR and antigen are acceptable). Results of the test must be available and provided to the operator prior to entry into the event or venue. The following is required as acceptable proof of a negative COVID-19 viral test result:
1)A photo identification of the attendee (for attendees 18 years of age and older) and 2) a printed document from the test provider or laboratory OR an email or text message displayed on a phone from the test provider or laboratory. The test result information needs to include the person's name, date of test, type of test performed, and negative test result. To be considered a valid pre-entry negative COVID-19 viral test result that permits entry into the event or venue, an antigen test must be conducted within one day and PCR test must be conducted within two days prior to event entry.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 10 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 292

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH . COUMP OF Ws ANOMS ORDER OF THE HEALTH OFFICER Public health
eating or drinking, while indoors at an Indoor Mega Event. Operators should consider making masks (preferably respirators (e.g., N95s, KN95s, KF94s)) available to attendees upon request. Indoor Mega Event operators must prominently place information on all communications, including reservation and ticketing systems, to ensure guests are aware that the State and County strongly recommend that they be fully vaccinated or obtain a negative COVID- 19 test prior to attending the event.
ii) Outdoor Mega Events: It is recommended, but not required, that Outdoor Mega Event operators of events or venues that are ticketed or held in a defined space with controlled points of public entry verify the full vaccination status(see footnote 4) or pre-entry negative COVID-19 viral test (see footnote 5) result of all attendees, ages 5 and older, prior to entry. If pre-entry verification is continued, those attendees who cannot provide proof of full vaccination, a pre- entry COVID-19 negative result from a test conducted within one day for antigen tests and within two days for PCR tests may be accepted. Outdoor Mega Event operators should prominently place information on all communications, including reservation and ticketing systems, to ensure guests are aware of both the County Health Officer's recommendation that all attendees, ages 5 and older, either be fully vaccinated against COVID-19 or obtain a negative COVID-19 viral test prior to attending the event. Operators may continue to require pre-entry vaccination verification or pre-entry a negative COVID-19 viral test result as an additional, important strategy to reduce transmission at their site(s), regardless of masking. If continued, the operator should cross-check proof of full vaccination or negative COVID-19 viral test result against a photo identification for all attendees who are 18 years of age or older. Operators are to make face masks available for all attendees. iii) Additional Recommendations for Both Outdoor and Indoor Me a Events: Mega Event operators are encouraged to follow these additional recommendations:
(a)Assign staff to remind all guests of the recommendation to wear face masks while on the premises or location
(b) Encourage everyone to get vaccinated and receive a COVID-19 booster when eligible.
(c) Encourage all attendees to consider better fit and filtration for masks [Respirators (e.g., N95s, KN95s, KF94s) or surgical masks with good fit are recommended over cloth masks].
(d) Facilitate increased ventilation of indoor spaces (i.e., open all windows and doors to increase natural air flow), following California Department of Public Health Intg, in Guidance fbij font i� ui� Filtration ��auid �uui QijWII'u� ..iin Il:" a III ��uii����� � e::i�,. (e) Encourage everyone to sign up for CA I�' otif"v as an added layer of protection for themselves and the community to receive alerts Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 11 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 293

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH CouNtt F�HealthS ANGELES ORDER OF THE HEALTH OFFICER PahlI
......................................................... .................. when they have been in close contact with someone who tests positive for COVID-19. Encourage those who test positive for COVID-19 to alert CA Notify to anonymously notify those who may have been exposed.
(f) Convey the risk of attending large, crowded events where the vaccine status of other attendees may be unknown to the individuals.
(g) Convey the risk of attending large, crowded events for populations that may not currently be eligible for vaccination or may be immunocompromised and whose vaccine protection may be incomplete.
(h) If along any parade or event route, provide outdoor spaces for eating/drinking/congregating to reduce the risk of transmission in indoor settings.
d) Overnight Organized I Children's Camps. An organized camp is a site with program and facilities established for the primary purpose of providing an overnight outdoor group living experience for recreational or other purposes for five days or more during one or more seasons of the year. A Notice of Intent to Operate must be submitted by the Camp operator to the Environmental Health Division gg�� ........ prior
to operation. The owner or operator of an Overnight Organized/ Children's Camp must prepare, implement, and post the required Los Angeles County Public Health Protocols for Overnight Organized / Children's Camps, attached to this Order as A x K P.p-. ......
e) Organized Youth S qrts Activities. Organized youth sports include all school (TK-12 Grades) and community-sponsored programs and recreational or athletic activities and privately organized clubs and leagues. Organized Youth Sport Protocols do not apply to collegiate or professional sports. This Protocol provides direction on outdoor and indoor youth sports activities to support an environment that presents less risk for participants of these sports. The organizers and operators of Organized Youth Sport Activities must review, implement, and post the required Los Angeles County Public Health Protocol for Organized Youth Sports, attached to this Order as
f) Bars, Breweries, Wineries and Distilleries. It is recommended, but not required, that bars that have a low-risk food facility public health permit and breweries, wineries, and distilleries with a#1, #2, #4, #23 and/or#74 state alcohol license that do not possess or that are not required to have a public health permit to operate require patrons, who are 12 years of age or older, to provide proof of their COVID-19 full vaccination status for entry. Facilities may continue to require pre-entry vaccination verification for indoor service as an additional, important strategy to reduce transmission at their site(s), regardless of the level of community transmission. For facilities that continue a vaccination verification process, the facility should determine whether and communicate to patrons if a negative test result from a COVID-19 viral test conducted within one day for antigen tests and within two days for PCR tests prior to entry is acceptable for indoor service at their site.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 12 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 294

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNN of IOS ANGELES ORDER OF THE HEALTH OFFICER Puh11C HCelth
g) Nightclubs and Lounges. It is recommended, but not required, that nightclubs and loungess that are open only to persons 18 years of age or older, require patrons to provide proof of their COVID-19 full vaccination status for entry. Facilities may continue to require pre-entry vaccination verification for indoor service as an additional, important strategy to reduce transmission at their site(s), regardless of the level of community transmission. For facilities that continue a vaccination verification process, the facility should determine whether and communicate to patrons if a negative test result from a COVID-19 viral test conducted within one day for antigen tests and within two days for PCR tests prior to entry is acceptable for indoor service at their site. h) Restaurants. These indoor venues serve food or drink indoors and are required to maintain a valid public health permit to operate. Due to the risk of transmission at places where persons are indoors and unmasked, the County Health Officer strongly recommends that the operators of these venues reserve and prioritize indoor seating and service for patrons who are fully vaccinated against COVID-19.

REASONS FOR THE ORDER
12)This Order is based upon the following determinations: continued evidence of Substantial community transmission of COVID-19 within the County; documented asymptomatic transmission; scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically; evidence that millions of people in the County population continue to be at risk for infection with serious health complications, including hospitalizations and death from COVID-19, due to age, pre-existing health conditions, being unvaccinated or not eligible for vaccination, and the dominance of the more infectious Omicron variant of the virus that causes COVID-19; and limited availability of effective therapeutics. The Order's intent is to continue to reduce the risk of COVID-19 infection for high-risk populations and persons in higher transmission risk settings, especially those who are not or cannot be fully vaccinated against COVID-19 in the County.
13)Existing community transmission of COVID-19 in Los Angeles County remains Substantial and continues to present a significant risk of infection and harm to the health of those who are not or cannot be vaccinated against COVID-19. COVID-19 vaccinations are widely available to those 5 years and older. The Omicron variant of the virus spreads more easily and has caused a significant amount of severe illness and deaths in our county during the winter surge and remains a risk for both those who are fully vaccinated as well as those who not vaccinated against COVID-19. As of, March 21, 2022, there have been at least 2,825,423 cases of COVID-19 and 31,491 deaths reported in Los Angeles County. Making the risk of community transmission worse, some individuals who contract the COVID-19 virus have no symptoms or have only mild symptoms, and so are unaware that they carry the virus and are 6 Nightclub means a commercial establishment dispensing beverages for consumption on the premises and in which dancing is permitted or entertainment is provided,and/or has as its primary source of revenue(a)the sale of alcohol for consumption on the premises, (b) cover charges, or(c) both. A lounge is defined as a business that operates primarily for the preparation, sale, and service of beer, wine, or spirits. Minors are not allowed in a lounge.

Responding Together at work and in the Community Beyond The Blueprint For A Safer Economy, Page 13 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 295

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
C FYCV @F L@5 ARtBffiELES

ORDER OF THE HEALTH OFFICER
transmitting it to lathers. Because even people without symptoms can transmit the virus, and because evidence shows the infection is now moreeasily spread, iversa indoor masking is a risk reduction e s r that is proven to reduce the risk of ra s i i the virus. The continuationf this safety eas in settings r indoor masking, regardless of vaccination status, is no longerr uir is intended to hel the County reach Moderate rate f community transmission as quickly as possible.
14)Epidemiologic evidence demonstrates that the rate community tra s issi 4 after peaking in mid-January2 , is now decliningat s consistentrt . Although morethan 18 million vaccine s s have beenadministered and ne rl 7.3 million residents s 5 and older are fully vaccinated agai st COVID-19 in Los Angeles County, COVID-19 infection remains a significant healt a r c all residents.

In finewiththe State Public Health Officer, the HealthOfficer will continue to monitor scientific evidenceand epidemiological data within the County.
e Health Officer will continue monitoring epidemiological datat ss ss the impact of lifting restrictions and fully re-opening sectors. Those Indicatorsinclude, but are not limitedto:
a) The number of new cases, hospitalizations, and deaths among residents in areas in the lowest Healthy Places Index { i race/ethnicity. b) The COVID-19 case rate. i.
c) New COVID-1 9 admissions per 100,000population (7-day total).

Proportion of staffed inpatient beds occupied y COVID-19 patients (7-day average). e) The percentage of COVI D-1tests reported e positive. e availability of COVl ® vaccines and the percentage of eligible County residents vaccinated agai stCOVID-19.
e number of fully vaccinated people who get sick, are hospitalized, gar die from COVID-19.
e sufficient supply and wideavailability ective therapeutics. i) The presence of Variants of Concern, such s, Omicron and Subvariant BA.2, and their impact o indicators ( ) )a

ADDITIONAL
16)The County shall rc t y provide copies of is Order by: (a) posting it on the cos Angeles Department of Public Health's e si e (°ur� � �.. rN�WWiii �ll ��� lli�Il� � � ����� ii ii� � wy�), O providing it to any member of the public requesting a copy, and (c) issuing a press release to publicize the Order throughout the County.

Responding Together at Work and in the Community Beyond The Blueprint For A safer Economy, Page 14 of 17 Post Winter Surge Community Monitoring and continued Response Measures Revised 3/23/2022
Exhibit 1 296

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH couwy of IAS ANCAUS n
ORDER OF THE HEALTH OFFICER PubliC Health
a) The owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and download, review and implement all applicable Best Practice Guidance.
b) Because guidance may change, the owner, manager, or operator of any facility that is subject to this Order is encouraged to consult the Los Angeles County Department of Public Health's website (IyyyA,_ gtlic1 lti I ,o ii' a ) daily to identify any modifications to this Order and the Best Practice Guidance and continue to implement these important and necessary infection control protocols. 17)lf any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order.
18)This Order incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom and the March 4, 2020 declarations of a local and public health emergency issued by the Los Angeles County Board of Supervisors and Los Angeles County Health Officer, respectively, and as they may be supplemented. 19)This Order may be revised in the future as the State Public Health Officer amends its guidance to reflect evolving public health conditions and recommendations issued by the federal CDC and other public health authorities. Should local COVID-19 conditions warrant, the Health Officer may, after consultation with the Board of Supervisors, issue orders that are more restrictive than the guidance and orders issued by the State Public Health Officer. 20)This Order is consistent with the provisions in the Governor's Executive Order N-60-20 and the State Public Health Officer's May 7, 2020 Order, that local health jurisdictions may implement or continue more restrictive public health measures in the jurisdiction if the local health officer believes conditions in that jurisdiction warrant them. Where a conflict exists between this Order and any state public health order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls. Consistent with California Health and Safety Code section 131080, except where the State Health Officer may issue an order expressly directed at this Order or a provision of this Order and based upon a finding that a provision of this Order constitutes a menace to the public health, any more restrictive measures in this Order may continue to apply and control in the County of Los Angeles Public Health Jurisdiction.
21)Pursuant to Sections 26602 and 41601 of the California Government Code and Section 101029 of the California Health and Safety Code, the Health Officer requests that the Sheriff and all chiefs of police in all cities located in the Los Angeles County Public Health Jurisdiction ensure compliance with and enforcement of this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both.

Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 15 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/2312022
Exhibit 1 297

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH s ANGELES ORDER OF THE HEALTH OFFICER �4. Pa711CLONein ......................................................................... .............-...........................................................--..................- 22)This Order is issued pursuant to Health and Safety Code sections 101040, 120175, and 120295.
23)This Order shall become effective at 12:01am Friday, April 01, 2022 and will continue to be until it is revised, rescinded, superseded, or amended in writing by the Health Officer, IT IS SO ORDERED:
lmo
3/23/2022
Mu itu Davis, M.D., M.P.H. Issue Date
Health Officer,
County of Los Angeles
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 16 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 298

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY OF LOS ANGELES ORDER OF THE HEALTH OFFICER M
` Pabl�c Health
Appendices At -Glance
Businesses and customers should continue reviewing best practice documents and sector-specific protocol for designated areas on a regular basis to ensure they are complying with the latest health protection and prevention measures.

All DPH protocol and best practice documents are available at:

Mw II : !u i l ".w. �"u i�.�. 4ia/ r i,,iay.li,ush idex�'.:�rrl Appendix K: Reopening Protocol for Day Camps [Revised 6/23/2021] Appendix K-1: Reopening Protocol for Overnight Organized/Children's Camps [Revised 6/14/2021]
Appendix S: Protocol for Organized Youth Sports [Revised 3/11/2022] Appendix T1: Reopening Protocols for K-12 Schools [Revised 3/11/2022] Appendix T2: Protocol for COVID-19 Exposure Management Plan in K-12 Schools [Revised 3/11/2022]
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 17 of 17 Post Winter Surge Community Monitoring and Continued Response Measures Revised 3/23/2022
Exhibit 1 299

Exhibit 1 300

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 15.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENT AND AUTHORIZING THE

APPOINTMENT OF A RETIREE TO ASSIST IN FILLING ACRITICAL

POSITION, ONAN INTERIM BASIS, IN THE COMMUNITY
DEVELOPMENT DEPARTMENT.

DAT E: April 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached Resolution and an Agreement with retiree, Carmen Morales, who retired on April 4, 2022, to fill the role of Interim City Planner on an interim basis, pursuant to Government Code Sections 7522 & 21221(h) while the City of Bell Gardens actively recruits a full-time permanent City Planner and once said position is filled, assist in the role of Temporary City Planner pursuant to Government Code Sections 7522.56(f)(1) & 21224 as an extra help retired annuitant. Per City of Bell Gardens, Director of Community Development, the appointment is not to exceed three (3) Months.

BACKGROUND/DISCUSSION:

Government Code sections 7522.56 & 21221(h) allow for retiree to be hired to work in a vacant position while recruitment takes place for a permanent replacement. This is to be used to appoint a retiree to positions such as an interim city manager, interim police or fire chief, interim department head and to any other unique managerial or executive position.An open recruitment to fill the vacancy with a permanent replacement is required to appoint a retiree. A retiree can only be appointed once to a vacant position.A retiree must reinstate from retirement (terminate retirement) to be employed as a permanent part-time or any other type of regular staff employee.

Additionally, Government Code sections 7522.56 &21224 allow the City to hire retired annuitants, i.e., CalPERS to perform work of a limited duration, such as elimination of a backlog, special project work, or to perform work exceeding regular staff work.

The City is currently actively recruiting fill the position of full-time City Planner. Once said City Planner is hired, the City will still require assistance in closing out special project work.

CONCLUSION:

It is staff's recommendation that the City Council approve the attached Resolution and an Agreement with Carmen Morales, who officially retired on April 4, 2022, to fill the vacancy of Interim City Planner on an interim basis, pursuant Government Code section 7522.56 &21221(h), while the City of Bell Gardens actively recruits for a permanent City Planner and then fill the role of 301

Temporary City Planner pursuant to Government Code Section 7522.56(f)(1)&21224 as an extra help retired annuitant, hired to perform work for a limited time period. Both types of work require the employment to be limited to 960 hours per fiscal year. Per City of Bell Gardens Director of Community Development, employment is not expected to exceed a period of three (3) Months.

FISCAL IMPACT:

If approved, the City would be able to hire the former City Planner back at a slightly reduced rate, given that there would be no Dental or Vision benefit costs associated with appointing the individual into the Temporary role. The regular full-time and cost for the City Planner would normally be around $12,266, per month. In comparison, hiring Ms. Morales as Interim and Temporary City Planner, would cost the City $12,190 per month, resulting in a savings of approximately $77 per month. Mr. Morales, would only be entitled to base hourly rate of pay and her pre-existing retiree health benefits. As a retiree with 20+ years of service Mr. Morales is entitled to retiree health benefits. Under the City of Bell Gardens and City Employee Association MOU, under which management positions fall under, the retiree is entitled to retiree health insurance as part of her official retirement from the City of Bell Gardens and her over 20 years of employment. This would create an estimated budgetary savings for the remainder of FY 21-22 of approximately$231, as she in only expected to serve in her I nterim or Temporary role for a period of three (3) Months.

ATTACHMENTS:

Exhibit 1 - Resolution 2022-32
Exhibit 2 - Employment Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 302

RESOLUTION NO. 2022-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE APPOINTMENT OF A

RETIREE TO ASSIST IN FILLING A CRITICAL POSITION, ON AN

INTERIM BASIS, IN THE COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, in compliance with Government Code Section 7522.56 of the Public Employees' Retirement Law, the City of Bell Gardens must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Carmen Morales CalPERS ID# 7164790186 retired from the City of Bell Gardens in the position of CITY PLANNER, effective April 4, 2022; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 1,2022, without this certification resolution; and
WHEREAS, Gov, Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City of Bell Gardens and Carmen Morales certify that Carmen Morales has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City of Bell Gardens hereby appoints Carmen Morales as an extra help retired annuitant to perform the duties of the Interim/Temporary City Planner for the City of Bell Gardens under Gov. Code section 21221(h), and 21224, effective April 11 2022; and
WHEREAS, the entire employment agreement, contract or appointment document between Carmen Morales and the City of Bell Gardens has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $11,073 and the hourly equivalent is $63.88, and the minimum base salary for this position is $9,110 and the hourly equivalent is $52,56; and
Exhibit 1 303

WHEREAS, the hourly rate paid to Carmen Morales will be $63.88; and WHEREAS, pursuant the City of Bell Gardens and City Employee Association MOU, under which management positions fall under, the Carmen Morales is entitled to retiree health insurance as part of her official retirement from the City of Bell Gardens and her over 20 years of employment; and
WHEREAS, (CaIPERS) hereby certifies the nature of the appointment of Carmen Morales as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Interim/Temporary City Planner for the City of Bell Gardens by April 11, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council of the City of Bell Gardens hereby approves an agreement for the appointment of Carmen Morales to the position of Temporary City Planner.

SECTION 3. The City Council further authorizes the City Manager to execute the Agreement and any reasonably related documents or amendments reasonably necessary to carry out and effectuate the intent of this Resolution on behalf of the City.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 2 g6�

PASSED, APPROVED and ADOPTED this 11t" day of April 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
Exhibit 1 3 g6

EMPLOYMENT AGREEMENT BETWEEN THE

CITY OF BELL GARDENS AND CARMEN MORALES
This Employment Agreement ("Agreement") shall be effective as of April 12, 2022, by and between the City of Bell Gardens, a California municipal corporation, ("City") and Carmen Morales, an individual ("Employee").

RECITALS
WHEREAS, City desires to fill the Position of Interim/Temporary City Planner on interim basis; and
WHEREAS, the Interim/Temporary City Planner appointment is an appointment to a position of a limited duration and one requiring specialized skills. It is a provisional appointment. This provisional appointment may be terminated by the City Manager, in his sole discretion; and
WHEREAS, Employee is a retired person under the California Public Employees' Retirement System (PERS) and desires to retain her retirement status and benefits. The Public Employees' Retirement Law (PERL), commencing at Government Code Section 20000, permits a retired person under PERS to serve in otherwise covered employment without reinstatement from retirement and without loss or interruption of retirement benefits; and
WHEREAS, Employee possesses the specialized skills necessary to serve as Interim/Temporary City Planner as a result of a long and distinguished career in Community Development, including several years as the City Planner for the City of Bell Gardens; and
WHEREAS, City desires to have Employee serve as Interim/Temporary City Planner and Employee desires to accept employment as Interim/Temporary City Planner and
WHEREAS, City and Employee desire to structure the temporary employment to comply with Government Code sections 7522.56(f)(1), 21221(h) and 211224; and WHEREAS, City and Employee wish to enter into an Employment Agreement that sets forth the rights and obligations of the parties and that will supersede all prior negotiations, discussions or agreements.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:

1. RECITALS. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein.

2. TERM. Unless sooner terminated, as provided in this Agreement, the term of this Agreement shall be effective April 12, 2022 ("Effective Date") and shall not to exceed a period of three (3) Months.
1 Exhibit 2 306

3. DUTIES AND AUTHORITY. Employee shall exercise the full powers and perform the duties of the position of Interim/Temporary City Planner, as set forth in Exhibit"A" attached hereto and incorporated herein by this reference; the personnel and departmental rules, regulations and procedures; the City Planner job description; and under state law, as each of them currently or may in the future exist. Employee shall exercise such other powers and perform such other duties for City, as the City Manager, may from time to time assign.

4. EMPLOYEE'S OBLIGATIONS. Employee shall devote her best efforts to the performance of this Agreement and to the promotion of City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to or which materially interferes with her duties and responsibilities to City, or presents a reasonable likelihood that Employee will be required by state law to recuse herself from discussions or decisions regarding City business. Employee shall be subject to all rules and procedures for outside employment applicable to executive employees of City.

5. WAGE RATE AND BENEFITS.

A. Base Wage. Consistent with applicable provisions of California retirement law, the compensation paid to Employee will not be less than the minimum nor exceed the maximum monthly base salary of the position of City Planner, as listed on a publicly available pay schedule for the vacant position of City Planner. The monthly salary of Eleven Thousand Seventy-Three Dollars ($11,073) will be divided by 173.333 to equal an hourly rate. City shall pay Employee for all hours actually worked at the hourly rate of Sixty-three Dollars and Eighty-Eight Cents ($63.88), subject to legally permissible or required withholding, paid on City's normal paydays. Employee agrees to accurately track and report all hours worked. Employee acknowledges that she cannot volunteer hours of work to City while an employee.

B. Hours. The parties expect that employee will normally work 40 hours per week based on a 4/10 schedule. City and Employee may mutually agree in writing to a different work schedule in the future, consistent with the requirements of the work and each party's individual.
(1) Group Medical and Dental Insurance. Under the City of Bell Gardens and City Employee Association (CEA) MOU, under which management positions fall under, the Employee is entitled to retiree health insurance as part of her official retirement from the City of Bell Gardens and her over 20 years of employment. (2) Retirement Plan. Employee shall remain a retired person under PERS and shall not be eligible to participate under the PERS plan applicable to other employees of City. As a retired annuitant and to the extent provided by law, Employee will not be subject to mandatory social security coverage. (3) Expenses. City recognizes that Employee may incur certain expenses of a non-personal and job-related nature. City agrees to reimburse or to pay such business expenses which are incurred and submitted according to City's normal 2 Exhibit 2 307

expense reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting City's normal requirements and must be submitted within the time limits established by City.
(4) Bonding. City shall bear the full costs of any fidelity or other bonds required of Employee under any law or ordinance by virtue of her employment as Temporary City Planner.

6. APPOINTMENT. Employee's appointment is temporary and provisional, qualifying only for the compensation provided under this Agreement and ineligible for benefits applicable to regular executive appointments, except as otherwise provided in this Agreement.

7. INDEMNIFICATION. City will defend and indemnify Employee, using legal counsel of City's choosing, against legal liability for acts or omissions by Employee occurring in the course and scope of employment under this Agreement, in accord with California Government Code sections 825 995, and 995.2 - 995.8 and other applicable provisions of California law. In the event independent counsel is required for Employee, City may select and will pay the reasonable fees of such independent counsel.

8. AT-WILL EMPLOYMENT RELATIONSHIP. The City Council shall be the appointing authority for Employee and Employee is employed at the pleasure of the City Manager. Either the City Manager or Employee may terminate this Agreement and the employment relationship at any time without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Employee. Employee may terminate this Agreement and the employment relationship upon 30 calendar days' written notice.

9. SEVERANCE. City shall pay Employee for all services through the effective date of termination and Employee shall receive no other compensation or payment or any severance. Since Employee is not eligible for paid leave, payment for unused leave time will not be applicable.

10. INTEGRATION OF AGREEMENT. This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee's employment as Interim/Temporary City Planner. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.

11. METHOD OF AMENDMENT. No amendments to this Agreement may be made except by a writing signed and dated by the parties.

12. NOTICES. Any notice to City under this Agreement shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Manager at City's then principal place of business. A courtesy copy shall be given to the City Attorney in a like manner. Any such notice to Employee shall be 3 Exhibit 2 308

given in a like manner and, if mailed, shall be addressed to Employee at her home address then shown in City's files. For the purpose of determining compliance with any time limit in the Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this section.

13. GENERAL PROVISIONS.

A. If any provision of their Agreement is held invalid or unenforceable, the remainder of the Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

B. Employee acknowledges that, except as expressly provided in this Agreement, her employment is subject to City's generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace.

C. This Agreement shall be interpreted and construed pursuant to and in accordance with the laws of the State of California and all applicable City ordinances, resolutions, regulations, and policies.

D. Employee acknowledges that she has had the opportunity and has conducted an independent review of the financial and legal effects of their Agreement.

Employee acknowledges that she has made an independent judgment upon the financial and legal effects of their Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement. [Signatures on the following page]
4 Exhibit 2 309

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.

EMPLOYEE
Carmen Morales
ATTEST: CITY OF BELL GARDENS
Jane Halstead, City Clerk Michael O'Kelly, City Manager APPROVED AS TO FORM:

Rick Olivarez, City Attorney
5 Exhibit 2 310

Exhibit "A"
Duties may include, but are not limited to, the following:
1) Assists the Director in the development and administration of goals, objectives, policies and procedures related to the planning Division.
2) Conduct the most complex assignments or directs the work of others involved in the preparation and review of current or long-range planning projects; ensures that planning activities are conducted in accordance with federal and state law, City Ordinances, rules and regulations.
3) Coordinates the conduct of environmental impact studies, including the preparation of requests for proposal; coordinates project review by other agencies; evaluates conclusions of environmental impact reports and prepares recommendations. 4) Supervises professional and technical staff engaged in long range and current City planning activities including general plan and zoning code maintenance, review of proposed developments and processing of permits.
5) Supervises preparation of the Planning Commission agenda, and compilation of required reports and documents; attends meetings of the Planning Commission, City Council and other planning related meetings; makes presentations and responds to questions as required.
6) Reviews, analyzes, coordinates related planning activities, consults with relevant parties, and prepares reports, conducts research and special studies. 7) Assists in selecting planning division employees; plans and organizes work; develops and establishes work methods and standards; conducts or directs staff training and development; reviews and evaluates employee performance; executes disciplinary action. 8) Represents the City, as assigned, in relations with the community, advisory committees, local, state, and federal agencies, other planning departments, and professional organizations.
9) Assists in developing the department budget and monitors expenditures. 10) May work in other functions or perform other duties within the Department of Community Development that may not be specifically related to planning.

Knowledge, Skills & Abilities
1) Communicate clearly and concisely, both orally and in writing. 2) Research and prepare complex reports on a variety of planning related projects 3) Deal effectively with developers, property owners, architects, engineers, and the general public
4) Plan, direct, and coordinate current and long range planning project/programs and manage division.
6 Exhibit 2 311

CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 16.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

TO: Honorable Mayor and City Council Members
FROM: Rick R. Olivarez
BY: Rick R. Olivarez, City Attorney
SUBJECT: CONSIDERATION AND POSSIBLE APPROVAL OF EXTENSION AND

OTHER CONTRACTUAL AMENDMENTS TO CITY MANAGER

EMPLOYMENT AGREEMENT WITH CITY
DATE: April 11, 2022
RECOMMENDATION:

Pending Closed Session Discussion and Deliberation, it is recommended that the City Council consider and possibly approve an extension or other amendments to the City Manager Employment Agreement with the City.

CONCLUSION:

If it is the direction of the City Council to consider Open Session approval of an extension and other amendments to the City Manager Employment Agreement, then the City Council should approve the same in the form of a written agreement to be made available for public inspection prior to the City Council taking action on the matter.

ATTACHMENTS:

Exhibit 1 - Draft City Manager Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez,Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 312

2022

CITY MANAGER EMPLOYMENT AGREEMENT
(Employee: Michael B. O'Kelly)
THIS 2022 CITY MANAGER EMPLOYMENT AGREEMENT ("Agreement") is made and entered into on this 11t" day of April 2022 ("Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation and general law city ("CITY") and MICHAEL B. O'KELLY, an individual ("EMPLOYEE"). For purposes of this Agreement, the capitalized term "Parties" shall be a collective reference to both CITY and EMPLOYEE.

The capitalized term "Party" may refer to either CITY or EMPLOYEE interchangeably and reasonably appropriate.

RECITALS
THIS AGREEMENT is made and entered into in consideration of the following:

WHEREAS, CITY desires to continue to engage and employ EMPLOYEE to serve as the City Manager of the City of Bell Gardens as that position is generally described in Chapter 2.8 (City Manager) of Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code ("City Manager"); and
WHEREAS, the City Council finds that EMPLOYEE possesses the education, training, experience and expertise necessary to perform the duties of City Manager; and WHEREAS, EMPLOYEE desires to accept employment as City Manager subject to the consideration, terms and conditions set forth under this Agreement; and WHEREAS, the City Council approved the continued appointment of EMPLOYEE as City Manager and the execution of this Agreement in open session at its Regular Meeting of April 11, 2022, as required by Government Code Section 53262.

NOW, THEREFORE, for and in consideration of the mutual agreements contained herein, CITY and EMPLOYEE agree as follows:

SECTION 1. POSITION, TERM, DUTIES

1.1 Employment as City Manager
This Agreement establishes the terms and conditions of employment of EMPLOYEE as the City Manager of CITY.

1.2 Term of Employment
A. This Agreement shall have a term of two (2) years, commencing as of June 17 2022 ("Term"). CITY, in CITY's sole and absolute discretion, reserves the right, but does not assume the obligation, to extend the Term of this Agreement, subject to its same