City Council/CSA/CPFA/CHA Agenda Tuesday February 15, 2022
REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, February 15, 2022
IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.
Public Comments: During the meeting, there will be an opportunity for the public to speak.
Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
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City Council/CSA/CPFA/CHA Agenda Tuesday February 15, 2022
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CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—CLOSED SESSION
6:30 PM - WILL NOT BE HELD
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—OPEN SESSION
7:30 PM
CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: Walter Allen, III, John C. King, Victor Linares, Mayor Pro Tem/Vice-Chair Patricia Cortez, and Mayor/Chair Jorge A. Marquez
PLEDGE OF ALLEGIANCE
Led by Councilmember King
INVOCATION
Given by Covina Police Chaplain David Truax
PRESENTATIONS - NONE.
PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing City Council/CSA/CPFA/CHA Agenda Tuesday February 15, 2022 to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.
CC 1. Minutes
Staff Recommendation:
Approve the Minutes of the February 1, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
2022 02 01 Minutes CC DRAFT
CC 2. Payment of Demands
Staff Recommendation:
Approve Payment of Demands in the amount of $1,654,096.73 Agenda Report - Payment of Demands JAN 14 2022 - JAN 27 2022 - Pdf CC 3. Monthly Investment Report of the Treasurer to the City Council and Successor Agency to the Covina Redevelopment Agency for January 2022
Staff Recommendation:
Receive and File.
Agenda Report - Monthly Investment Report Ended January 31, 2021 - Pdf CC 4. Ordinance 22-02 for Zoning Code Amendment (ZCA) 21-004 to Amend the Sign Regulations for Premises in the C-3 Commercial (Central Business) Zone to Permit Monument Signs
Staff Recommendation:
Adopt on second reading Ordinance 22-02, “An Ordinance of the City Council of City of Covina, California, approving Zoning Code Amendment (ZCA) 21-004, modifying the sign regulations for premises in the C-3 commercial (central business) zone to permit monument signs, and making a determination of exemption under CEQA guidelines section 15061(B)(3)."
Agenda Report - Ordinance 22-02 - ZCA 21-004 2nd Reading & Adoption - Pdf City Council/CSA/CPFA/CHA Agenda Tuesday February 15, 2022 CC 5. Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Staff Recommendation:
Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
Agenda Report - AB 361 Findings - Special Brown Act Requirements for Teleconference Mtgs - Pdf
CC 6. Renewal of Professional Services Agreement with Blueray Management LLC to Provide Seasonal Aquatics Programs and Services
Staff Recommendation:
Approve the Renewal of Professional Services Agreement with Blueray Management LLC to Provide Seasonal Aquatics Programs and Services and Authorize the City Manager to Execute the Agreement.
Agenda Report - Blueray Management LLC PSA - Pdf
CC 7. 2019 State Homeland Security Grant Program Subrecipient Agreement with the County of Los Angeles
Staff Recommendation:
1. Approve and sign the 2019 State Homeland Security Program Sub-Recipient Agreement between the County of Los Angeles the City of Covina;
2. Approve the purchase of Motorola radio equipment offered through the reimbursable State of California FY 2019 Homeland Security Grant Program (SHSGP) in an amount not to exceed $57,628.23; and
3. Adopt Resolution CC 2022-18 to increase the Police Department's 2021-22 budget by $51,789 resulting from the 2019 Homeland Security Grant award.
Agenda Report - 2019 State Homeland Security Program Sub-Recipient Agreement - Pdf
CC 8. Resolution CC 2022-19 to Amend the Fiscal Year Operating Budget to Accept and Appropriate $319,151 in Reimbursable, Grant Award Funds from the California Department of Transportation (Caltrans) and $41,349 Local Match Funds (Proposition C) to Establish the Project Account "CASMC" and Facilitate the Development of an Active Streets and Multimodal Connectivity Plan
Staff Recommendation:
Adopt Resolution CC 2022-19, amending the Fiscal Year 2021-2022 Operating Budget to accept and appropriate $319,151 in Grant Funds and $41,349 from the Proposition C Fund to establish the Covina Active Streets and Multimodal Connectivity Plan (CASMCP) Project for the Purpose of Facilitating the Development of an Active Street and Multimodal Connectivity Plan awarded by the California Department of Transportation (Caltrans).
Agenda Report - Resolution CC 2022-19 CASMCP - CalTrans - Pdf City Council/CSA/CPFA/CHA Agenda Tuesday February 15, 2022 CC 9. Renewal of License Agreement for Use of a Portion of City Property at Heritage Plaza for a Certified Farmers' Market
Staff Recommendation:
Approve the Renewal of License Agreement for Use of a Portion of City Property at Heritage Plaza for a Certified Farmers' Market and Authorize the City Manager to Execute the Agreement.
Agenda Report - FM&LCE Farmers Market License Agreement - Pdf CONTINUED BUSINESS - NONE.
CONTINUED PUBLIC HEARINGS
CPH 1. A Continued Public Hearing for Notice of Intent to Vacate a Portion of Geneva Place between Citrus Avenue and 3rd Avenue and a Strip of Public Alley located at East Side of 141 West Geneva Place
Staff Recommendation:
Continue the public hearing to the meeting of March 15, 2022.
Agenda Report - CPH Geneva Pl and Alley St Vacation - Pdf PUBLIC HEARINGS - NONE.
NEW BUSINESS - NONE.
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, March 1, 2022 at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
The Covina City Clerk’s Office does hereby declare that, in accordance with California Government Code Section 54954.2(a), the agenda for the Tuesday, February 15, 2022, meeting was posted on February 10, 2022, on the City’s website and near the front entrances of: Covina City Hall, 125 East College Street, Covina.
If you challenge in court any discussion or action taken concerning an item on this agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City’s consideration of the item at the meeting.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA, AND SUBMITTED TO THE CITY COUNCIL AFTER PUBLICATION OF THE AGENDA, ARE AVAILABLE TO THE PUBLIC IN THE CITY CLERK’S OFFICE AT 125 E.
COLLEGE STREET, COVINA.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 1 of 8 Tuesday, February 1, 2022 MINUTES OF FEBRUARY 1, 2022
REGULAR MEETING OF THE COVINA CITY COUNCIL/SUCCESSOR AGENCY TO
THE COVINA REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY HELD IN THE COUNCIL CHAMBER OF CITY HALL, 125 EAST COLLEGE STREET, COVINA, CALIFORNIA AND
VIRTUALLY VIA ZOOM
This meeting was conducted in accordance with Assembly Bill 361, regarding the COVID-19 pandemic.
CLOSED SESSION – Not scheduled.
CALL TO ORDER
Mayor Marquez called the Council/Agency/Authority meeting to order at 7:31 p.m. with all Councilmembers present except Councilmember Linares.
ROLL CALL
Councilmembers Present: Walter Allen, III, John C. King, Mayor Pro Tem/Vice-Chair Patricia Cortez, and Mayor/Chair Jorge A. Marquez.
Councilmembers Absent: Victor Linares.
Elected Members Present: City Clerk Mary Lou Walczak and City Treasurer Geoffrey Cobbett.
Elected Members Absent: None.
Staff Members Present: City Manager Chris Marcarello, City Attorney Candice K. Lee, Police Chief David Povero, Administrative Services Director Anita Agramonte, Community Development Director Brian Lee, Parks & Recreation/Library Services Director Lisa Evans, Public Works Director Andy Bullington, Deputy City Manager Angel Carrillo, and Chief Deputy City Clerk Nicole Alvarez.
PLEDGE OF ALLEGIANCE
Led by Mayor Marquez
INVOCATION
Given by Covina Police Chaplain David Truax
PRESENTATIONS – None.
ITEM NO. CC 1
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 8 Tuesday, February 1, 2022
PUBLIC COMMENTS
Diana Mullins commented regarding comments made by Neil Polzin at the last meeting and on districting.
Dora Gomez thanked Council for their help with the grant they received from the San Gabriel Valley Council of Governments. Ms. Gomez commented on the amount of food received and distributed and summarized past events.
COUNCIL AGENCY AUTHORITY COMMENTS
Councilmember Allen thanked Dora for her service and complimented her on her involvement.
Councilmember Allen also thanked Public Works staff for all the work done after the rain, such as, filling potholes and repairing the streets. He also commented on the condition of Grand Avenue and Badillo Street.
Mayor Pro Tem Cortez had no comment.
Councilmember King commented on the damaged caused by the recent windstorm and reminded the community what to do in the case of a downed powerline or coming across an intersection without a power. Councilmember King congratulated the Los Angeles Rams on heading for the Super Bowl and commented on the football postseason. Lastly, he wished everyone a Happy Valentine’s Day.
Mayor Marquez echoed Councilmember King’s comments regarding the football postseason. He wished everyone a Happy Lunar New Year. Mayor Marquez thanked Southern California Edison and Public Works staff working to keep the residents safe during the rain and windstorm. Mayor Marquez also thanked the community for their patience during that time. Mayor Marquez requested to adjourn in memory of late Congressmember Esteban Torres.
CITY MANAGER COMMENTS
City Manager Marcarello requested to pull Consent Calendar item CC 3 due to a property ownership change, which would need to be finalized before moving forward with the annexation.
CONSENT CALENDAR
Mayor Marquez announced that Consent Calendar item CC 3 is pulled from the agenda.
Councilmember Allen pulled Consent Calendar item CC 8 for separate discussion.
A motion was made by Councilmember King, seconded by Mayor Pro Tem Cortez, to approve Consent Calendar items CC 1, 2, 4 – 7, and 9, as presented.
Motion approved by roll call vote for Consent Calendar items CC 1, 2, 4 – 7, and 9, as follows:
AYES: ALLEN, KING, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: LINARES
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 3 of 8 Tuesday, February 1, 2022 CC 1. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the February 1, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. City Council/Successor Agency to the Covina Redevelopment Agency approved the Payment of Demands in the amount of $3,467,209.91.
CC 4. City Council adopted City Resolution CC 2022-08, declaring intention to authorize the annexation of territory to Community Facilities District No. 2007-1 (Public Services); and adopted City Resolution CC 2022-09, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services); and Setting the Public Hearing Date for March 15, 2022 (316 S. Barranca Avenue, Covina//Annexation 31)
CC 5. City Council:
1. Approved plans and specifications for the Catch Basin Retrofit Project;
2. Awarded the contract for the Catch Basin Retrofit Project to United Storm Water, Inc. as the lowest responsive and responsible bidder in an amount not to exceed $177,940.00 and authorized the City Manager to execute the contract;
3. Authorized an amount of $17,794 (approximately 10%) as a contingency to cover the cost of unforeseen construction expenses;
4. Adopted Resolution CC 2022-11 to amend the Fiscal Year 2022-2026 Capital Improvement Program and the Fiscal Year 2021-2022 CIP Budget to reflect an appropriation of $301,242.75 from the Measure W Fund balance to increase funding for the Catch Basin Retrofit Project and increase the Fiscal Year 2021- 2022 Department of Public Works, Measure W Project budget (Account No. 2510-5550-55320) in the amount of $301,242.75 for expenditures on the Catch Basin Retrofit Project.
CC 6. City Council:
1. Adopted Resolution CC 2022-12 calling for and giving notice of the holding of a General Municipal Election to be held on Tuesday, June 7, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities and requesting the Registrar of Voters of the County of Los Angeles to conduct said Election and canvass the results;
2. Adopted Resolution CC 2022-13 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on June 7, 2022, with the Statewide Primary Election to be held on the date pursuant to section § 10403 of the Elections Code; and
3. Adopted Resolution CC 2022-14 adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an Election to be held on Tuesday, June 7, 2022.
CC 7. City Council:
1. Adopted Resolution CC 2022-15, approving the acceptance of the application for Grant Funds from the California Arts Council for the Covina Center for the Performing Arts, and approving the submission of the Project Information DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 4 of 8 Tuesday, February 1, 2022 Package, and authorizing the City Manager to execute the grant agreement and all related documents, and designating the City Manager as Agent; and
2. Adopted Resolution CC 2022-16, amending the Fiscal Year 2021-2022 Operating Budget to accept $3,000,000 from the California Arts Council and appropriate the funds to accounts 2230-3800-42190-THETR and 2230-3800- 55100-THETRfor the purpose of purchasing the Covina Center of the Performing Arts
CC 9. City Council approved the First Amendment to the agreement with Professional Account Management LLC fora one (1) year extension to provide parking citation processing and collection services; and authorize the City Manager to execute the amendment.
CONSENT CALENDAR ITEM PULLED FROM AGENDA
CC 3. Adoption of Resolutions CC 2022-06 and 2022-07 Relating to the Annexation of Territory to Community Facilities District No. 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for March 15, 2022 (342 S. Fourth Avenue, Covina//Annexation 30) Staff Recommendation:
1. Adopt City Resolution CC 2022-06, declaring intention to authorize the annexation of territory to Community Facilities District No. 2007-1 (Public Services); and
2. Adopt City Resolution CC 2022-07, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).
CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
CC 8. Covina Skate Park Project – Award of Contract for Design Services to Spohn Ranch Skateparks for an Amount of $61,900
Staff Recommendation:
1. Award the Contract for Design Services for the Covina Skate Park Project to Spohn Ranch Skateparks as the responsible bidder in an amount not-to-exceed $61,900 and authorize the City Manager to execute the Contract; and
2. Establish a contingency allowance of $4,100 for additional services if needed;
3. Adopt Resolution CC 2022-17 to amend the Fiscal Year 2021-2022 Capital Improvement Program to reflect an appropriation of $65,000 from the Measure CC Fund for the design of the Covina Skate Park Project at Wingate Park.
Councilmember Allen pulled this item to highlight this item and to request that good fencing be placed near the railroad tracks.
A motion was made by Councilmember Allen, seconded by Councilmember King, to approve Consent Calendar item CC 8 as presented.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 5 of 8 Tuesday, February 1, 2022 Motion approved by roll call vote for Consent Calendar item CC 8 as follows:
AYES: ALLEN, KING, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: LINARES
CONTINUED PUBLIC HEARINGS - None.
PUBLIC HEARINGS
PH 1. Public Hearing to Consider a Substantial Amendment to the Fiscal Year (FY) 2021-2022 Community Development Block Grant (CDBG) Program Budget Mayor Marquez opened the public hearing.
The agenda report was presented by Community Development Director Lee.
In response to an inquiry from Councilmember King, Community Development Director Lee clarified the funding allocations.
There were no public comments, therefore, Mayor Marquez closed the public hearing.
A motion was made by Mayor Pro Tem Cortez, seconded by Councilmember King to adopt Resolution CC 2022-10, authorizing the termination of Project 602258-20 “Covina Woman’s Club ADA Improvements”, and authorizing the allocation of Community Development Block Grant Funds to the FY 21-22 “Residential Rehabilitation Program”, Project D96164-21, and amending the FY 2021-2022 Community Development Budget to reflect these changes; and authorize the City Manager or his designee to execute documents related to the FY 2021-2022 CDBG funds.
Motion approved by roll call vote for Public Hearing item PH 1 as follows:
AYES: ALLEN, KING, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: LINARES
PH 2. Ordinance 22-02 for Zoning Code Amendment (ZCA) 21-004 to Amend the Sign Regulations for Premises in the C-3 Commercial (Central Business) Zone to Permit Monument Signs
Mayor Marquez opened the public hearing.
The agenda report was presented by Community Development Director Lee.
Questions and comments included, the condition of the Baja Ranch Shopping Center, restitution for Code Enforcement and recovering costs, and the condition of Berkeley Square Shopping Center.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 6 of 8 Tuesday, February 1, 2022 There were no public comments, therefore, Mayor Marquez closed the public hearing.
A motion was made by Councilmember King, seconded by Councilmember Allen to waive full reading, read by title only, and introduce the first reading Ordinance 22-02, “An Ordinance of the City Council of City of Covina, California, approving Zoning Code Amendment (ZCA) 21-004, modifying the sign regulations for premises in the C-3 commercial (central business) zone to permit monument signs, and making a determination of exemption under CEQA guidelines section 15061(B)(3).
Motion approved by roll call vote for Public Hearing item PH 2 as follows:
AYES: ALLEN, KING, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: LINARES
City Attorney Lee read Ordinance 22-02 by title only.
CONTINUED BUSINESS
CB 1. Temporary Outdoor Dining Programs
Staff Recommendation:
That the City Council consider the follow recommendations and provide further direction, as necessary:
1. Extend temporary outdoor dining programs and establish a sunset date of March 31, 2022;
2. Authorize staff to develop a pilot City-owned parklet program for public use in Downtown Covina;
3. Consider modifications to the existing monthly Citrus Avenue street closure program.
The agenda report and PowerPoint presentation were presented by Deputy City Manager Carrillo.
Questions and comments included the disappointment of how the program turned out, suggested modifications to the street closure, parklet program, closing the outdoor dining program earlier than March 31, 2022, and shortening the street closure.
The following public comments were submitted via email and were read by City Clerk Walczak:
Jordan Safan and Galen Metz commented in opposition to the First Friday street closures and outdoor dining program.
A motion was made by Councilmember King, seconded by Councilmember Allen to extend the temporary outdoor dining program with a sunset date no later than March 15, 2022 (preferably 30 days, but no later than 45 days); authorize City staff to develop a pilot City-owned parklet program; and modify the Downtown First Friday street closure event to begin at San Bernardino Road and end at Orange Street.
DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 7 of 8 Tuesday, February 1, 2022 Motion approved by roll call vote for Continued Business item CB 1 as follows:
AYES: ALLEN, KING, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: LINARES
NEW BUSINESS
NB 1. Discussion of Proposed Solid Waste Franchise Agreement Amendments Related to State Recycling Mandate (SB 1383)
Staff Recommendation:
That City Council provide direction related to proposed franchise agreement amendments to comply with State Mandated Short-Lived Climate Pollutants (SLCP) Senate Bill 1383 - Organic Waste Reduction Law.
A PowerPoint presentation was presented by Melissa Gomez, Environmental Scientist of CalRecycle, providing an overview of Senate Bill (SB) 1383’s organic waste reduction requirements. Jeffrey Taylor from CalRecycle was also available to answer questions.
Questions and comments included who is paying for this, frustration for the unfunded-mandate, and informational outreach materials.
The agenda report and PowerPoint presentation regarding solid waste collection agreement and organics mandate were provided by Public Works Director Bullington. Gary Clifford, Matthew Niklas, and Brian Johsz from Athens were available to answer questions.
Questions and comments included how to dispose of organic waste, CPI, workshops, and balance at the state legislature.
There were no public comments.
A motion was made by Councilmember Allen, seconded by Mayor Pro Tem Cortez to authorize City staff to negotiate with Athens to come up with a fee schedule and work on the implementation of the program, including conducting one or more community workshops to educate the community on SB-1383 and rate impacts.
Motion approved by roll call vote for New Business item NB 1 as follows:
AYES: ALLEN, KING, CORTEZ, MARQUEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: LINARES
ADJOURNMENT
At 9:38 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority was adjourned in memory of former Congressmember Esteban Torres to its next regular meeting of the DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 8 of 8 Tuesday, February 1, 2022 Council/Agency/Authority scheduled for Tuesday, February 15, 2022, at 6:30 p.m. for closed session and 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
Respectfully Submitted:
__________________________________________
Georgianna Nicole Alvarez, CMC, CPMC
Chief Deputy City Clerk
Approved this 15
th day of February, 2022:
_____________________________________
Jorge A. Marquez, Mayor/Chair
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: CC Regular Meeting - Feb 15 2022
Title: Payment of Demands
Presented By: Geoffrey Cobbett, City Treasurer
Anita Agramonte, Administrative Services Director
Recommendation: Approve Payment of Demands in the amount of $1,654,096.73 EXECUTIVE SUMMARY / BACKROUND:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants January 14, 2022 - January 27, 2022 CITY checks/EFTs $ 779,941.85
CITY payroll $ 858,507.93
CITY voids $ (325.47)
Worker's Comp $ 11,225.85
$ 1,649,350.16
SACRA checks/EFTs $ 407.32
SACRA payroll $ 4,339.25
$ 4,746.57
TOTAL checks/EFTs $1,654,096.73
DISCUSSION:
The attached reports have been reviewed by the City Treasurer and by the Administrative Services Director.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 21/22 Adopted Budget.
ATTACHMENTS:
Attachment A - Check Register January 14, 2022 - January 27, 2022 Respectfully submitted,
CITY OF COVINA
Check Register
Jan 14, 2022 - Jan 27, 2022
Check # Check Date Vendor Name Amount
5752 01/20/2022 4160 ICMA RETIREMENT TRUST-IRA 30.00
5753 01/20/2022 1405 ICMA RETIREMENT TRUST-457 4,423.13 5754 01/20/2022 4003 MidAmerica 1,972.42
5755 01/20/2022 2033 NATIONWIDE RETIREMENT SOLUTIONS 16,199.00 20486 01/20/2022 788 COVINA, CITY OF 41,120.18
20487 01/20/2022 789 COVINA-FSA, CITY OF 715.40
subtotal EFT/wires/direct deposits $64,460.13
109477 01/20/2022 23 ABORTA BUG INC 125.00
109478 01/20/2022 4188 ACCO ENGINEERED SYSTEMS 2,638.59 109479 01/20/2022 30 ACE PELIZON PLUMBING INC 410.00
109480 01/20/2022 4983 Ad Valorem Records,Inc. 2,659.50 109481 01/20/2022 4209 ADLERHORST INTERNATIONAL 577.50
109482 01/20/2022 113 ALL CITY MANAGEMENT SVC 4,398.52
109483 01/20/2022 158 AMERICAN TRAFFIC SOLUTIONS 16,185.00 109484 01/20/2022 219 AT&T 23.83
109485 01/20/2022 254 AZUSA LIGHT & WATER 653.02
109486 01/20/2022 255 AZUSA PLUMBING & HEATNG SUPPLY 30.16 109487 01/20/2022 4643 Bear Electrical Solutions, Inc. 8,159.00 109488 01/20/2022 3771 BLACK & WHITE EMERGENCY VEHICLES 342.05 109489 01/20/2022 4279 BOSS JANITORIAL SERVICES 178.51
109490 01/20/2022 411 BRODART CO 26.58
109491 01/20/2022 477 STATE OF CA 18.00
109492 01/20/2022 477 STATE OF CALIFORNIA 55,718.32
109493 01/20/2022 536 CARQUEST AUTO PARTS 27.97
109494 01/20/2022 649 CINTAS CORP #693 262.59
109495 01/20/2022 4714 CIR, Inc. 46,170.56
109496 01/20/2022 654 CITRUS CAR WASH 45.00
109497 01/20/2022 5022 Colantuono, Highsmith & Whatley, PC 259.21 109498 01/20/2022 703 COMBINED GRAPHICS 485.10
109499 01/20/2022 749 THE COUNSELING TEAM 225.00
109500 01/20/2022 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 15,334.05 109501 01/20/2022 4960 Data Ticket, Inc. 200.00
109502 01/20/2022 5168 Dave Bang Associates, Inc. of California 1,349.76 109503 01/20/2022 3701 DEPARTMENT OF JUSTICE 115.00
109504 01/20/2022 4292 DUDEK 2,795.00
109505 01/20/2022 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 276.00 109506 01/20/2022 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 9,677.50 109507 01/20/2022 970 EDISON CO 18.45
109508 01/20/2022 5053 ENVIRONMENTAL SCIENCE ASSOCIATES 9,461.75 109509 01/20/2022 4332 ERIC ARROYO 3,675.00
109510 01/20/2022 3911 FACTORY MOTOR PARTS 73.03
109511 01/20/2022 5100 Flock Safety 50,000.00
109512 01/20/2022 4455 FRONTIER 560.90
109513 01/20/2022 4805 Fuel Equipment Services, Inc. 24,994.50 109514 01/20/2022 1204 GOLDEN STATE WATER COMPANY 77.83 109515 01/20/2022 1235 GRAINGER 1,070.22
109516 01/20/2022 1241 GRAND PRINTING 108.05
109517 01/20/2022 1275 HAAKER EQUIPMENT CO 1,271.46
109518 01/20/2022 1361 HOLLIDAY ROCK CO INC 167.58
CITY OF COVINA
Check Register
Jan 14, 2022 - Jan 27, 2022
Check # Check Date Vendor Name Amount
109519 01/20/2022 4925 Humane Society of Pomona Valley, Inc. 27,708.75 109520 01/20/2022 3988 LANDSCAPE WAREHOUSE III 288.97
109521 01/20/2022 1428 INGRAM DIST GROUP 32.45
109522 01/20/2022 1437 INTER-CON SECURITY SYSTEMS INC 14,017.69 109523 01/20/2022 4077 INTERWEST CONSULTING GROUP INC 350.00 109524 01/20/2022 1463 J.G. TUCKER AND SON 223.63
109525 01/20/2022 1505 JOHNNY'S POOL SERVICE 54.95
109526 01/20/2022 1561 KEYSTONE UNIFORM DEPOT 20.03
109527 01/20/2022 1619 LA CNTY SHERIFF'S DEPT 803.00
109528 01/20/2022 1646 LANGUAGE LINE SERVICES INC 81.78 109529 01/20/2022 1663 LAW ENFORCEMENT MEDICAL 1,045.00 109530 01/20/2022 1858 MCMASTER CARR SUPPLY CO 134.25
109531 01/20/2022 4833 Michael R. Hillmann 2,210.00
109532 01/20/2022 4687 Mighty Oak Technnology 16,667.00 109533 01/20/2022 1933 MISSION LINEN SUPPLY 13.20
109534 01/20/2022 2091 O REILLY AUTO PARTS 7.16
109535 01/20/2022 2101 OCLC 1,534.24
109536 01/20/2022 2104 OFFICE DEPOT 92.03
109537 01/20/2022 99999 ERWIN JAMES ZABAT 110.00
109538 01/20/2022 99999 VALERY CORDERO 80.00
109539 01/20/2022 2163 PACIFIC PARKING SYS INC 1,100.00 109540 01/20/2022 3923 PARKHOUSE TIRE SERVICE INC 3,276.35 109541 01/20/2022 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 8,984.94 109542 01/20/2022 2329 PUENTE READY MIX INC 1,216.38
109543 01/20/2022 3735 QUADIENT LEASING USA, INC. 831.97 109544 01/20/2022 2415 REPUBLIC MASTER CHEFS 293.04
109545 01/20/2022 2487 RSG, Inc. 6,575.00
109546 01/20/2022 5185 Samuel and Maxine Cobb 638.00
109547 01/20/2022 4656 SANDERS LOCK & KEY, INC 148.00
109548 01/20/2022 2667 SIRSIDYNIX 900.00
109549 01/20/2022 4389 SOCIAL VOCATIONAL SERVICES, INC. 2,167.00 109550 01/20/2022 4928 Springstead & Associates, Inc. 4,000.00 109551 01/20/2022 2855 TIME WARNER CABLE 115.99
109552 01/20/2022 2903 TRI-XECUTEX CORP 85.00
109553 01/20/2022 4437 TELEPACIFIC COMMUNICATIONS CO. 2,109.19 109554 01/20/2022 4764 UniFirst Corporation 889.89
109555 01/20/2022 4247 UNITED WATER WORKS INC 4,760.08
109556 01/20/2022 2954 URBAN GRAFFITI ENTERPRISES INC 7,200.00 109557 01/20/2022 2966 V & V MANUFACTURING 894.84
109558 01/20/2022 3001 VERIZON WIRELESS 3,738.48
109559 01/20/2022 3004 VICTORY EXTERMINATING INC 35.00
109560 01/20/2022 3023 VULCAN MATERIALS COMPANY 1,914.52 109561 01/20/2022 4921 West Coast Shopping Cart Service, Inc. 500.00 109562 01/20/2022 5094 West Covina Motor Group LLC 19.95 109563 01/20/2022 3078 THOMSON REUTERS - WEST 876.38
109564 01/20/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,194.59 109565 01/20/2022 69 AFSCME District Council 36 632.78
109566 01/20/2022 3846 CLEA 771.75
109567 01/20/2022 775 COVINA POLICE ASSOCIATION 2,750.00
CITY OF COVINA
Check Register
Jan 14, 2022 - Jan 27, 2022
Check # Check Date Vendor Name Amount
109568 01/20/2022 878 DELTA DENTAL OF CALIFORNIA 7,992.31 109569 01/20/2022 4710 Fidelity Security Life Insurance Company 867.79 109570 01/20/2022 1106 FRANCHISE TAX BOARD 583.10
109571 01/20/2022 1247 GREAT WEST LIFE & ANNUITY 4,017.00 109572 01/20/2022 3795 PRE-PAID LEGAL SERVICES, INC 126.03 109573 01/20/2022 2235 PERS LONG TERM CARE PROGRAM 321.73 109574 01/20/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,084.84 109575 01/27/2022 23 ABORTA BUG INC 80.00
109576 01/27/2022 4374 ADMINSURE, INC 6,723.89
109577 01/27/2022 69 AFSCME District Council 36 42.70
109578 01/27/2022 84 AIRGAS-WEST 625.16
109579 01/27/2022 3789 SYNCB/AMAZON 87.02
109580 01/27/2022 219 AT&T 1,202.11
109581 01/27/2022 219 AT&T 72.42
109582 01/27/2022 381 BOOMERANG BLUEPRINT 378.52
109583 01/27/2022 3929 BOOT BARN INC 300.00
109584 01/27/2022 4279 BOSS JANITORIAL SERVICES 10,117.58 109585 01/27/2022 411 BRODART CO 49.72
109586 01/27/2022 430 BUILDING ELECTRONIC CONTROLS 213.75 109587 01/27/2022 4894 Bureau Veritas Technical Assessments LLC 4,721.55 109588 01/27/2022 457 CA PARKS AND REC SOCIETY 170.00
109589 01/27/2022 457 CA PARKS AND REC SOCIETY 140.00
109590 01/27/2022 477 STATE OF CA 18.10
109591 01/27/2022 477 STATE OF CA 1,521.58
109592 01/27/2022 536 CARQUEST AUTO PARTS 192.27
109593 01/27/2022 4854 CEJ Engineers, Inc. 16,866.00
109594 01/27/2022 664 CIVILTEC ENGINEERING INC. 5,517.50 109595 01/27/2022 692 CODE PUBLISHING COMPANY 453.75
109596 01/27/2022 749 THE COUNSELING TEAM 560.00
109597 01/27/2022 766 COVINA DISPOSAL CO 15,990.85
109598 01/27/2022 783 CITY OF COVINA WATER 462.11
109599 01/27/2022 849 DAPEER ROSENBLIT & LITVAK LLP 3,225.66 109600 01/27/2022 878 DELTA DENTAL OF CALIFORNIA 122.02 109601 01/27/2022 970 EDISON CO 75,492.42
109602 01/27/2022 4885 ELIE FARAH 330.00
109603 01/27/2022 4332 ERIC ARROYO 2,400.00
109604 01/27/2022 4713 Fisher Integrated, Inc. 1,200.00 109605 01/27/2022 4455 FRONTIER 1,308.47
109606 01/27/2022 1156 THE GAS COMPANY 9,903.41
109607 01/27/2022 1204 GOLDEN STATE WATER COMPANY 71.79 109608 01/27/2022 1235 GRAINGER 318.66
109609 01/27/2022 1241 GRAND PRINTING 108.49
109610 01/27/2022 1275 HAAKER EQUIPMENT CO 47.63
109611 01/27/2022 1364 HOME DEPOT CREDIT SERVICES 1,605.82 109612 01/27/2022 3988 LANDSCAPE WAREHOUSE III 137.74
109613 01/27/2022 1445 INTL ASSOC OF CHFS POLICE 190.00 109614 01/27/2022 1463 J.G. TUCKER AND SON 239.79
109615 01/27/2022 3749 JCL BARRICADE COMPANY 3,816.40
109616 01/27/2022 5178 Kroll Associates, Inc. 22.48
CITY OF COVINA
Check Register
Jan 14, 2022 - Jan 27, 2022
Check # Check Date Vendor Name Amount
109617 01/27/2022 1612 LA CNTY DEPT OF PUBLIC WORKS 5,502.63 109618 01/27/2022 1615 REGIONAL TAP SERVICE CENTER 60.00 109619 01/27/2022 3795 PRE-PAID LEGAL SERVICES, INC 26.90 109620 01/27/2022 1754 LOWE'S COMPANIES INC 1,600.55
109621 01/27/2022 5137 MasterCorp Commercial Services LLC 3,692.29 109622 01/27/2022 4717 Merchants Landscape Services, Inc. 20,444.38 109623 01/27/2022 1895 MERRIMAC ENERGY GROUP 32,381.66
109624 01/27/2022 4833 Michael R. Hillmann 2,665.00
109625 01/27/2022 1933 MISSION LINEN SUPPLY 13.20
109626 01/27/2022 4564 NATIONAL UNION FIRE INSURANCE COMPANY 695.46 109627 01/27/2022 5181 NBS Government Finance Group 2,850.00 109628 01/27/2022 4472 O'REILLY AUTOMOTIVE STORES, INC. 39.67 109629 01/27/2022 4824 Occu-Med, Ltd. 844.00
109630 01/27/2022 5169 Occupational Health Centers of California 232.50 109631 01/27/2022 2104 OFFICE DEPOT 66.77
109632 01/27/2022 99999 JORDAN MERBACH 15.47
109633 01/27/2022 99999 METROPOLITAN CAPITAL PARTNERS, LLC 490.41 109634 01/27/2022 4662 OverDrive, Inc 6,000.00
109635 01/27/2022 2275 POIRIER, ROBERT 140.00
109636 01/27/2022 2335 PYRO-COMM SYSTEMS INC 135.00
109637 01/27/2022 2407 REGIONAL TAP SERVICE CENTER 436.50 109638 01/27/2022 2415 REPUBLIC MASTER CHEFS 280.48
109639 01/27/2022 3796 RICHARDS, WATSON & GERSHON 22,622.12 109640 01/27/2022 4350 RKA Consulting Group 17,092.50
109641 01/27/2022 2619 SGV EXAMINER 1,835.00
109642 01/27/2022 2676 SMART AND FINAL IRIS CORP 517.71 109643 01/27/2022 2714 SOUTHERN CA GAS CO ML711D 500.00 109644 01/27/2022 2714 SOUTHERN CA GAS CO 500.00
109645 01/27/2022 2778 SUPERIOR PAVEMENT MARKING INC 5,567.00 109646 01/27/2022 2795 STATE WATER RESOURCES CONTROL BOARD 763.00 109647 01/27/2022 2852 THREE VALLEY MUN WATER DISTR 6,079.26 109648 01/27/2022 2855 TIME WARNER CABLE 207.40
109649 01/27/2022 2929 ULINE 145.50
109650 01/27/2022 4065 VERIZON BUSINESS SERVICES 826.14 109651 01/27/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY 66.75 109652 01/27/2022 3274 WILLDAN ENGINEERING 5,930.00
109653 01/27/2022 3108 Wills Automotive 900.00
109654 01/27/2022 3134 XEROX CORPORATION 745.29
subtotal checks $ 715,889.04
109356 01/13/2022 457 CA PARKS AND REC SOCIETY (310.00) 109429 01/13/2022 99999 JORDAN MERBACH (15.47)
voids (prior to current mo.) $ (325.47)
payroll (1/20/2022) $ 862,847.18
workers' compensation $ 11,225.85
TOTAL checks/EFTs $1,654,096.73
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: CC Regular Meeting - Feb 15 2022
Title: Monthly Investment Report of the Treasurer to the City Council and Successor Agency to the Covina Redevelopment Agency for January 2022
Presented By: Geoffrey Cobbett, City Treasurer
Anita Agramonte, Administrative Services Director
Recommendation: Receive and File.
EXECUTIVE SUMMARY / BACKROUND:
Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, a monthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments of the City.
DISCUSSION:
The attached monthly report for the City reflects the portfolio balances for the month ended January 31, 2022.
The report is in conformity with the City’s Investment Policy as well as Government Code 53607. There are sufficient funds to meet the pooled expenditure requirements for all City funds for the next 6 months.
FISCAL IMPACT:
None to receive and file.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
ATTACHMENTS:
Attachment A - Monthly Investment Report
Attachment A-1 - Total Investment Portfolio
Attachment A-2 - Investment Transaction Summary
Attachment A-3 - City LAIF Statement
Attachment A-4 - Successor Agency LAIF Statement
Respectfully submitted,
MONTHLY INVESTMENT REPORT REPORT TO THE CITY COUNCIL
FOR THE MONTH ENDED JANUARY 31, 2022
TOTAL INVESTMENT BALANCE AS OF 12/31/2021 $64,6l3,9l5.04 TRANSFERS IN 4,500,000.00
TRANSFERS OUT
INTEREST 36,492.15
GAIN OR (LOSS) ON SALE OF INVESTMENTS
CASH BALANCE
| 1/31/2022 $69,150,407.19
ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
; INVESTMENT PORTFOLIO ‘ ATTACHMENT A-1 11,222,836.56
ii US BANK MONEY MARKET ATTACHMENT A-1 9,223,424.61
g LOCAL AGENCY INVESTMENT FUND « CITY ATTACHMENT A-3 47,176,018.06 ’ LOCALAGENCY INVESTMENT FUND — SACRA ATTACHMENT A-4 1,528,127.96 TOTAL INVESTMENT BALANCE $69,150,407.19
Respectfully gubmitted, ms
Geoffrey Cobben
City Treasurer
Attachment A
Purch date Dated Qty
Market Price Per
Share
Total Original Cost
Value Total Market Value Coupon CUSIP Maturity Issuer
05/31/19 7,250 100.073000 724,490.23 725,529.25 2.0000 912828SF8 2/15/2022 US Treasury 02/15/19 1,500 100.135000 147,152.34 150,202.50 1.8750 912828W55 2/28/2022 US Treasury 03/28/19 5,550 100.267000 557,775.00 556,481.85 2.3750 9128286H8 3/15/2022 US Treasury 07/11/19 3,950 100.254000 393,626.76 396,003.30 1.7500 912828J76 3/21/2022 US Treasury 04/08/20 6,100 100.037000 609,097.20 610,225.70 0.3750 3133ELWD2 4/8/2022 Federal Farm Credit BKs09/12/19 3,550 100.374000 356,234.18 356,327.70 1.6250 912828WZ9 4/30/2022 US Treasury 10/30/19 4,850 100.404000 487,595.51 486,959.40 1.8750 912828X47 4/30/2022 US Treasury 10/30/19 4,850 100.463000 486,250.39 487,245.55 1.7500 912828XR6 5/31/2022 US Treasury 08/28/19 7,750 100.512000 781,629.88 778,968.00 1.7500 9128286Y1 6/15/2022 US Treasury 02/15/19 9,500 100.703000 937,902.34 956,678.50 2.1250 912828XG0 6/30/2022 US Treasury 10/30/19 4,850 100.586000 486,212.50 487,842.10 1.7500 9128287C8 7/15/2022 US Treasury 09/12/19 4,250 100.551000 423,804.69 427,341.75 1.5000 912828YA2 8/15/2022 US Treasury 11/27/19 6,250 100.606000 625,488.28 628,787.50 1.6250 912828TJ9 8/15/2022 US Treasury 11/27/19 6,250 100.930000 629,809.57 630,812.50 1.8750 912828M49 10/31/2022 US Treasury 03/04/20 1,600 100.664000 162,918.75 161,062.40 1.5000 912828Z29 1/15/2023 US Treasury 08/28/19 7,750 100.918000 783,143.55 782,114.50 1.6250 912828P38 1/31/2023 US Treasury 03/04/20 2,850 100.586000 289,408.59 286,670.10 1.3750 912828Z86 2/15/2023 US Treasury 02/21/20 5,250 100.529000 524,034.00 527,777.25 1.3750 3130AJ7E3 2/17/2023 Federal Home Loan 04/21/20 6,100 99.325000 608,475.00 605,882.50 0.3750 3137EAEQ8 4/20/2023 FHLMC05/07/20 6,100 99.321000 609,743.80 605,858.10 0.3750 3137EAER6 5/5/2023 FHLMC06/09/20 6,000 99.043000 598,044.00 594,258.00 0.3000 3133ELG81 6/8/2023 Federal Farm Credit BKs Subtotal Securities $ 11,243,028.45 11,222,836.56 $
US Bank Mmkt 9,223,424.61 $ 9,223,424.61 $
$ 20,466,453.06 20,446,261.17 $
The purpose is to demonstrate compliance with the city's adopted Investment Policy. This is a required report per Government Code section 53646(b). The investment portfolio as presented is in compliance with the City’s adopted Investment Policy.
CITY OF COVINA
Investment Portfolio as of
January 2022
Total Value of Portfolio
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\21-22\January 2022\January 2022 Investment Report Attachment A-1
Qty Purch Date Maturity
Share Price at
Purch Date
Original Cost
Value
Net Trade
Amount
Gain / (Loss)
on Purchase Issuer CUSIP Held by
NO TRANSACTIONS IN JANUARY
Total - - -
Qty Purch Date Maturity
Sale / Maturity
Date
Share Price at Sale
/ Maturity Date
Original Cost
Value
Par Value at
Sale/Maturity
Gain / (Loss)
on Sale /
Redemption
Earnings
Since
Purchase Issuer CUSIP Held by
NO TRANSACTIONS IN JANUARY
Total - - - -
CITY OF COVINA
Investment Transaction Summary
for the Month Ended January 31 2022
Purchased Investments
Sold/Matured Investments
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\21-22\January 2022\January 2022 Investment Report Attachment A-2
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CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: CC Regular Meeting - Feb 15 2022
Title: Ordinance 22-02 for Zoning Code Amendment (ZCA) 21-004 to Amend the Sign Regulations for Premises in the C-3 Commercial (Central Business) Zone to Permit Monument Signs
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt on second reading Ordinance 22-02, “An Ordinance of the City Council of City of Covina, California, approving Zoning Code Amendment (ZCA) 21-004, modifying the sign regulations for premises in the C-3 commercial (central business) zone to permit monument signs, and making a determination of exemption under CEQA guidelines section 15061(B)(3)."
EXECUTIVE SUMMARY / BACKROUND:
The attached Ordinance was approved at introduction by a 4-0 vote (Linares absent) of the City Council at the February 1, 2022, City Council Meeting.
DISCUSSION:
It is recommended that the City Council adopt on second reading Ordinance 22-02 entitled, “An Ordinance of the City Council of City of Covina, California, approving Zoning Code Amendment (ZCA) 21-004, modifying the sign regulations for premises in the C-3 commercial (central business) zone to permit monument signs, and making a determination of exemption under CEQA guidelines section 15061(B)(3)." FISCAL IMPACT:
None for a second reading.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
N/A
ATTACHMENTS:
Attachment A - Ordinance 22-02 ZCA 21-004 - C-3 Commercial Zone Monument Signage Regulations Respectfully submitted,
ORDINANCE 22-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 21-
004, MODIFYING THE SIGN REGULATIONS FOR PREMISES IN THE C-3 COMMERCIAL (CENTRAL BUSINESS) ZONE TO PERMIT
MONUMENT SIGNS, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA GUIDELINES SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries; and
WHEREAS, on November 9, 2021, the Planning Commission conducted a public meeting at which time the oral and written evidence along with written recommendation from the Planning Division was presented to the Planning Commission. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 21-004, the Planning Commission closed the public hearing on that same date and adopted Resolution 2021-021 PC, by a 5-0 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 21-004 and adopt this proposed Ordinance; and WHEREAS, CMC Section 17.80.050.C. provides that within thirty (30) days after the conclusion of the public hearing, the Planning Commission must file its recommendation with the City Council, together with a report of findings, hearings and other supporting data; and WHEREAS, CMC Section 17.80.060 provides that the hearing date must be set by the City Clerk for not more than thirty (30) days after the filing of the Planning Commission’s recommendation; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the notice. Further, the City Council may adopt by ordinance the amendment recommended by the Planning Commission after holding at least one public hearing thereon. The City Council may modify the amendment recommended by the Planning Commission, provided the proposed modification has been referred back to the Planning Commission for a report, pursuant to Sections 17.80.070.C and D; and WHEREAS, on February 1, 2022 the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 21-004 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 21-004. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 21-004, the City Council closed the public hearing on that same date; and
WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
Ordinance 22-02 Page 2 of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act (CEQA) Findings. Community Development Department staff determined that proposed Zoning Code Amendment (ZCA) 21-004 is exempt from the requirements of CEQA and the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et. seq.) pursuant to CEQA Guidelines Section 15601(b)(3) because it can be seen with certainty that there is no possibility that proposed ZCA 21-004, adopting monument sign regulations for premises in the C-3 Commercial (Central Business) Zone, will have a significant effect on the environment. Proposed ZCA 21-004 is an administrative process of the City that will not result in direct or indirect physical changes in the environment. The City Council has reviewed the administrative record concerning proposed ZCA 21-004 and the proposed CEQA determination, and based on its own independent judgment, finds that ZCA 21-004 set forth in the proposed Ordinance 22-02 attached hereto as Attachment “A” is not subject to, or exempt from, the requirements of CEQA and the CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3).
SECTION 3. Findings for Approval of ZCA 21-004. After giving full consideration to all evidence presented at said hearing, both oral and documentary, reviewing the recommendation of the Planning Commission, and after being fully informed, the City Council hereby finds as follows:
1. Proposed Zoning Code Amendment (ZCA) 21-004 is consistent with the Covina General Plan. The amended C-3 Commercial Zone allowing for, and regulating, monument signage, will continue to conform to the applicable “Commercial” land use designation set forth in the General Plan. Proposed ZCA 21-004 will allow for more signage opportunities for existing and future businesses in the C-3 Commercial Zone.
2. Proposed ZCA 21-004 is in the public interest and reasonably related to the public welfare because it reasonably allows additional monument signage for businesses within the C-3 Commercial Zone. This balances the policies of the General Plan and Zoning Code to encourage the capturing of a greater variety of retail businesses, including stores, shops, and restaurants, so as to attract more patrons, generate more sales tax, and improve the community’s image.
3. Proposed ZCA 21-004, allowing additional monument signage opportunities, is a reasonable refinement to the existing C-3 Commercial Zone and does not fundamentally alter its underlying zoning scheme. No other zoning regulations are proposed to be changed with this amendment.
SECTION 4. Amendment to CMC Section 17.40.190. In consideration of the findings stated above, the City Council of the City of Covina does hereby approve Zoning Code Amendment (ZCA) 21-004, and amend Section 17.40.190 (“Allowable Signs and Special Regulations”) of Chapter 17.40 (“C-3 Commercial Zone (Central Business)”) of Title 17 (“Zoning”) of the Covina Municipal Code to read as follows:
Ordinance 22-02 Page 3 of 5
“17.40.190 Allowable signs and special regulations.
A. Freestanding and monument signs.
1. Each regional or community shopping center, containing four or more establishments having a lot frontage in excess of 150 feet, shall be permitted one freestanding sign per center. Such sign shall not be located closer than 150 feet from any other freestanding sign on the same side of the street and shall not exceed 100 square feet per face nor an overall height of 30 feet.
2. Each property having a lot frontage less than 150 feet but more than 45 feet shall be permitted one monument sign. Such sign shall not be closer than 50 feet from any other sign on the same side of the street and shall not exceed an area of 20 square feet per face nor an overall height of six feet.
B. Each business shall be allowed one sign per occupancy frontage when mounted flat against the building, or one projecting sign. The overall area devoted to signs may not exceed 15 percent of the area of the first story height of the building. Each side of a projecting sign shall be included in the maximum overall area allowed.
C. Each business shall be permitted one pedestrian-oriented sign per entrance, to be mounted flat against the building or suspended from an overhanging architectural feature which is an integral part of the building. Such sign shall not exceed six square feet per face.
D. When the building rears onto a public alley or parking lot with a public entrance directly serving those areas, an additional sign may be erected at that entrance. The area devoted to such sign shall not exceed 10 percent of the rear face of the building to the first story height, and such sign must be mounted flat against the building.
E. Each business shall be permitted two window signs per occupancy. Such signs shall not exceed 20 percent of the window space in which they are displayed. Each sign shall be of a permanent nature and not painted, pasted, taped nor affixed in any way to the window surface, except as allowed by CMC 17.74.020. (1964 Code Appx. A § 7.34.) F. Each regional or community shopping center containing four or more establishments shall require a sign program approved by the director prior to installation.
G. For purposes of this section, the terms “community shopping center” and “regional shopping center” shall be as defined in CMC 17.42.010.” SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
Ordinance 22-02 Page 4 of 5
SECTION 6. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.
SECTION 8. Notification. Within 30 days of the effective date of this Ordinance, the City Clerk shall notify the Los Angeles County Assessor of passage and adoption of this Ordinance in accordance with Section 65863.5 of the Government Code.
PASSED, APPROVED and ADOPTED this 1
st day of February, 2022.
City Council of Covina, California
BY:
JORGE A. MARQUEZ, Mayor
ATTEST:
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
APPROVED AS TO FORM:
CANDICE K. LEE, City Attorney
Ordinance 22-02 Page 5 of 5
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-02 was introduced for first reading at a regular meeting on the 1 st day of
February 2022. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the ___ day of _________, 2022 with the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: CC Regular Meeting - Feb 15 2022
Title: Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Presented By: Chris Marcarello, City Manager
Recommendation: Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
EXECUTIVE SUMMARY:
This item is on the agenda so that the City Council and the other legislative bodies of the City, including the Successor Agency to the Covina Redevelopment Agency, the Covina Public Financing Authority, the Covina Housing Authority, the Planning Commission, the Parks and Recreation Commission, the Traffic and Parking Advisory Commission, the Finance Advisory Commission and the Library Board of Trustees (collectively “City’s Other Legislative Bodies”) may meet virtually pursuant to Assembly Bill (“AB”) 361’s special Brown Act requirements for teleconference meetings. These special requirements give local public agencies greater flexibility to conduct teleconference meetings when there is a declared state of emergency and either social distancing is mandated or recommended, or when the legislative body determines an in-person meeting would present imminent risks to the health and safety of attendees.
BACKGROUND:
On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021.
On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, the Governor signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024.
An agency may hold a public meeting under AB 361 under certain specified circumstances, including if it is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. As discussed below, the declared emergency is still in effect and Los Angeles County officials recommend measures to promote social distancing.
In order for a local public agency to continue to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, the legislative body must find that such emergency continues to directly impact the ability of the legislative body’s members to meet in person.
Alternatively, for the second finding, the legislative body must find that state or local officials continue to impose or recommend social distancing measures. These findings must be made again within 30 days and on a monthly basis thereafter.
The City Council last made these findings on January 18, 2022.
DISCUSSION:
The City Council and the City’s Other Legislative Bodies have met remotely or in a hybrid meeting format throughout the pandemic to protect the health and safety of the public and staff pursuant to these requirements.
The factual circumstances exist for the City to hold meetings pursuant to AB 361. The declared emergency is still in effect. Furthermore, Los Angeles County officials recommend measures to promote social distancing.
The Los Angeles County Department of Public Health Order Responding Together at Work and in the Community recommends physical distancing. The County Health Department encourages people at risk for severe illness or death from COVID-19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing and that people maintain physical distancing to prevent COVID transmission in public settings. See http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferReturnWorkCommunity.pdf and http://publichealth.lacounty.gov/acd/ncorona2019/docs/PreventionPublicSettings.pdf.
Therefore, staff recommends the City Council approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to be conducted remotely in accordance with AB 361 and subject to the special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state or local officials continue to recommend measures to promote social distancing.
If the Council makes the findings and confirms that the City's Legislative Bodies will be meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, the City Council should make these findings again within 30 days to continue to be subject to the AB 361 special Brown Act requirements.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: CC Regular Meeting - Feb 15 2022
Title: Renewal of Professional Services Agreement with Blueray Management LLC to Provide Seasonal Aquatics Programs and Services
Presented By: Lisa Evans, Director of Parks & Recreation and Library Services Recommendation: Approve the Renewal of Professional Services Agreement with Blueray Management LLC to Provide Seasonal Aquatics Programs and Services and Authorize the City Manager to Execute the Agreement.
EXECUTIVE SUMMARY / BACKROUND:
The Aquatics program has been operated through a Professional Services Agreement with Blueray Management LLC since 2016. Blueray Management provides swim lessons, swim team, aquatic exercise classes, and lifeguard training, as well as lifeguarding services for lap swimming, recreational swimming, pool rentals, and other aquatics special events.
DISCUSSION:
Since 2016, the Aquatics program has been successfully operated through a contracted service provider. Blueray Management brought many years of experience in the aquatics industry and their five-level progressive learn-toswim program to the Covina Park pool. Blueray is responsible for all aspects of programming, including training and hiring of swim instructors and lifeguards, daily management and supervision of aquatic center operations, coordination of swim lessons, swim team, recreational swimming, lap swimming, and aquatic exercise classes.
The City continues to retain the responsibility of participant registration, pool rental coordination, and pool and aquatic center maintenance.
Customers have continued to be very satisfied with the quality of instruction provided by Blueray Management staff. When issues do arise, Blueray is very responsive and makes every effort to address the problem in a timely manner. Blueray's philosophy of "safety first" and ensuring kids have fun while learning is in line with the goals of the Parks & Recreation Department.
Since the contract with Blueray Management has continued to allow the city to provide a high quality aquatics program in a cost effective manner, staff recommends the renewal of the Agreement at this time.
FISCAL IMPACT:
Per the Agreement, Blueray Management LLC receives 90% of the instructional program fees received and is paid on an hourly basis for lifeguarding services for recreational swimming, lap swimming, pool rentals, and other aquatics programs as directed by the City. The Agreement specifies the maximum annual compensation not to exceed two hundred fifty thousand dollars ($250,000.00), but actual compensation is based on actual revenue received. The expenditure for this service is included in the FY 2021-2022 Adopted Budget in accounts 1010AQ02 51600 and 1010AQ05 51600.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Blueray Aquatics PSA 2022
Respectfully submitted,
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated February 15, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Blueray Management, LLC, a California limited liability company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide seasonal aquatics programs and services, such as private and group swim lessons, swim team programming, aquatic exercise classes, lifeguard training, junior lifeguard training, recreational swimming, lap swimming, pool rentals, special events, and other aquatic programming as mutually agreed upon at the City’s aquatic facility, the Michael D. Antonovich Aquatic Center (“Aquatic Center”) located at 301 N. Fourth Avenue, Covina, California.
B. Contractor represents that it is fully qualified to perform such services by virtue of its experience, certifications, and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through February 15, 2024, unless sooner terminated as provided in Section 13 of this Agreement. The Parties may, upon mutual written agreement, extend the term of this Agreement for two (2) additional one (1) year terms. In no event shall the Agreement be extended beyond February 15, 2026.
2. Compensation.
A. Compensation. As full compensation for Contractor’s services provided under this Agreement, City shall pay Contractor ninety percent (90%) of all collected registration fees, based on the rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A, for the services described in the Scope of Services, attached hereto as Exhibit B. City shall retain the remaining ten percent (10%) of all collected registration fees. For the aquatics programs that are paid as a “drop-in” fee or “pool use” fee, compensation for Contractor’s services shall be at the rate set forth in Exhibit A. In no event shall the City pay the Contractor a sum that exceeds Two Hundred Fifty Thousand Dollars ($250,000.00) (the “maximum compensation”) annually, without an amendment to this Agreement. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A includes reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties in writing. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Contractor’s Services.
A. Scope of Services. Contractor shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Abby Pearose, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the services on the Effective Date and shall perform all services in conformance with the dates and times mutually agreed upon.
D. Standard of Performance. Contractor shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. Safety equipment. Contractor shall be responsible for providing and maintaining all safety equipment needed to carry out Contractor’s duties at the Aquatic Center.
I. Class Cancellation and Rescheduling. If for any reason Contractor must cancel a class or other program, Contractor shall notify City immediately, or as soon as possible, to discuss process for cancellation and determine responsibility for notification to participants and appropriate signage to be posted at facility.
J. Class Enrollment. Classes may be cancelled if enrollment minimums are not met.
Contractor will coordinate with City regarding transfer or withdrawal of participants. Contractor shall not exceed maximum class enrollments as set forth in Exhibit B.
K. Reasonable Care. Contractor shall operate and maintain with reasonable care the Aquatic Center and any equipment and supplies furnished by City. Contractor shall leave the Aquatic Center and any equipment and supplies furnished by City in good condition after each class and shall secure them as necessary to prevent theft or damage. This includes locking the entire facility at the conclusion of each day of use or if all staff leave the facility at any point during the day.
L. Attendance Sheets. Contractor shall complete an attendance sheet listing participants’ names prior to performance of services and shall submit all attendance sheets to the Parks & Recreation and Library Services Director at the conclusion of each swim session.
M. Training and Facility Use. Contractor is fully responsible for conducting appropriate training for Contractor’s staff. Contractor must coordinate any additional facility use with City at least five (5) working days in advance of training dates.
N. Fingerprinting. Prior to performing services under this Agreement, all personnel shall be fingerprinted through Live Scan for completion of a criminal record check by the State Department of Justice (“DOJ”), at the sole expense of Contractor or its personnel. Contractor’s Personnel convicted of a misdemeanor or felony involving moral turpitude according to the DOJ report shall not perform services under this Agreement. If any Contractor Personnel performing services under this Agreement have been convicted of a misdemeanor or felony involving moral turpitude according to the DOJ report, City may terminate this Agreement immediately. 1) Contractor hereby attests that Contractor or its personnel have never been convicted of a misdemeanor or felony involving moral turpitude, or any offense specified in Penal Code Section 11105.3(c)1) or Public Resources Code Section 5164 which resulted in conviction and/or imprisonment.
2) Contractor hereby agrees that Contractor and its personnel shall submit to background screening, by the City pursuant to Penal Code Section 11105.3. City reserves the right to cancel this contract if the Independent Contractor has been convicted of any offense specified in Penal Code Section 11105.3(c)1) or Public Resources Code Section 5164. 3) Contractor hereby agrees and promises to do background checks and screening, pursuant to Penal Code Section 11105.3, of all of its employees or volunteers who will have supervisory or disciplinary authority over minors in City programs or at City facilities, and to notify City if any of these employees or volunteers have been convicted of any criminal offenses and the nature of the offense. Pursuant to Public Resources Code Section 5164, City reserves the right to prohibit the employment or hiring of any individual by Independent Contractor if that individual has been convicted of any offense specified in Penal Code Section 11105.3(c)(1) or
Public Resources Code Section 5164. Independent Contractor agrees that none of its employees or volunteers shall work with minors unless the proper screening and notification to City pursuant to the above referenced code sections have taken place.
O. City Responsibilities. City shall be responsible for all maintenance, upkeep, cleaning and repairs of the Aquatic Center facility. City shall be solely responsible for compliance with all federal, state, county, city and other governmental health and safety laws with respect to the maintenance and upkeep of the Aquatic Center (“Pool Laws”). City represents and warrants that the Aquatic Center is and will be kept and maintained in strict accordance with such Pool Laws and will be clean, safe and available for use by Contractor as necessary to perform the services set forth in this Agreement.
4. Method of Payment.
A. Invoices. For “drop-in” and “pool use” activities, Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall specifically itemize the services rendered during the billing period, hourly rates charged, number of employees performing the service, hours of performance, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For activities which participants register with the City, City shall generate a payment invoice from the registration software program, and provide to Contractor for approval prior to processing for payment. If Contractor disputes any fees to be paid, Contractor shall give written notice to City within thirty (30) days of receipt of payment invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
7. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 7 shall survive the expiration or termination of this Agreement.
8. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 8 into any subcontract that Contractor executes in connection with the performance of this Agreement.
9. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or
omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 9 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 9, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 9 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 9 shall survive the expiration or termination of this Agreement.
10. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 10. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 10 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section 10.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 10 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 10 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 10 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 10 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 10 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 10, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 10. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 9 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 10.
11. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the services required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
12. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
13. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. Unless otherwise provided in this Agreement, City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.
14. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
15. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
City of Covina Blueray Management LLC
Parks & Recreation Department Attn: Abby Pearose
125 E. College Street| 10661 Ellis Avenue, Unit E
Covina, California 91723 Fountain Valley, California 92708
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 17 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 17, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 9, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
21. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
22. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonPage 12 of 16
substantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
23. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
24. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
25. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
26. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
27. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
28. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
29. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Georgianna Nicole Alvarez
Title: Chief Deputy City Clerk
Contractor:
Blueray Management, LLC
a Limited Liability Company
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE
Contractor will be compensated at a rate of ninety percent (90%) of all collected registration fees for the following programs. A fee range is stipulated to allow for increases in minimum wage and other cost factors.
PROGRAM FEE RANGE
Weekday Group Lessons (per session) $76-$88
Weekday Semi-Private Lessons (per session) $132-$140
Weekday Private Lessons (per session) $184-$196
Saturday Group Lessons (per session) $50-$55
Saturday Semi-Private Lessons (per session) $80-$90
Saturday Private Lessons (per session) $115-$125
Swim Team (per 5-week season) $125-$160
Junior Lifeguard Course (per course) $85-$100
Water Exercise Class (per class) $6-$10
For Recreational Swimming, Lap Swimming, Pool Rentals, and Special Events, Contractor will be compensated at rates not to exceed:
- Thirty dollars ($30.00) per hour per Lifeguard
- Thirty-five dollars ($35.00) per hour per Pool Supervisor
EXHIBIT B
SCOPE OF SERVICES
Blueray shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Blueray represents and maintains that it is skilled in the professional calling necessary to perform the Services. Blueray warrants that all employees and sub consultants shall have sufficient skill and experience to perform the Services assigned to them.
Finally, Blueray represents that it, its employees and sub consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement.
Blueray shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all noticesrequired by law.
Blueray will provide the support for personnel and equipment for the learn-to-swim program, private lessons, swim team, junior lifeguard program, aquatics exercise classes, and any additional aquatic programs that will benefit the residents of the City of Covina. Blueray will coordinate with City the scheduling of the programs offered. Blueray may add other programs with prior approval from the City.
Blueray will provide swim lessons to the participants ages 9 months and up. Blueray's "Learn to Swim" program will follow a combination of American Red Cross and Blueray's Progressive Learn to Swim program. The program will operate on a schedule determined by Blueray and approved by City. Blueray's swim lessons are 40 (forty) minutes in length. Lessons will be taught with a maximum of six (6) students per instructor for beginners’ classes, and eight (8) students per instructor for intermediate/advanced classes. Pa rent and Me classes will be taught with a maximum of ten (10) students per instructor. Class ratios may only be altered with prior written approval by City.
Blueray will operate Swim Team programming for ages 5 to 17. Responsibilities included are coaching of swim team members, scheduling and organizing of swim meets, scheduling and organizing all practice dates and times, and the supply of apparel to swim team participants.
Blueray will provide qualified and adequate coaching levels for the number of participants registered based on industry standards.
Blueray will provide qualified personnel as required for lifeguard training, pool rentals, recreational swimming, lap swimming, and special events.
Blueray will provide qualified supervision of aquatics programs at all times. This includes at least one leader/supervisor (who is not in the pool actively instructing) on site at all times during instructional programming.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Feb 15 2022
Title: 2019 State Homeland Security Grant Program Subrecipient Agreement with the County of Los Angeles
Presented By: David Povero, Chief of Police
Recommendation: 1. Approve and sign the 2019 State Homeland Security Program Sub-recipient Agreement between the County of Los Angeles the City of Covina;
2. Approve the purchase of Motorola radio equipment offered through the reimbursable State of California FY 2019 Homeland Security Grant Program (SHSGP) in an amount not to exceed $57,628.23; and
3. Adopt Resolution CC 2022-18 to increase the Police Department's 2021-22 budget by $51,789 resulting from the 2019 Homeland Security Grant award.
EXECUTIVE SUMMARY / BACKROUND:
A Homeland Security grant was established by the State, in part, to provide for the purchase of specialized equipment to enhance event and incident management and strengthen the ability of Law Enforcement to disrupt, deter, respond to and recover from terrorist acts. Equipment approved for purchase under this grant includes allspectrum portable radios, programming cables and multi-radio bank charger(s).
DISCUSSION:
The County of Los Angeles Board of Supervisors accepted the 2019 State Homeland Security Program (SHSP) for the Los Angeles County Operational Area and received requisite State approvals to proceed with the allocation of funds to program recipients, such as Covina. In order to facilitate this effort, the County of Los Angeles requires a formal Sub-recipient Agreement (SRA) with the City of Covina, which outlines the requirements of the grant and provides the guidelines to follow for SHSGP reimbursement of eligible expenses of which we have been authorized $51,789 to purchase all-spectrum portable radios, programming cables and one multi-radio bank charger(s).
Motorola equipment will be purchased from Motorola Solutions, Inc. These recommendations are made as exceptions to the competitive bidding process pursuant to Section 2.20.080 (b)(1) of the Covina Municipal Code.
This states that procurement by noncompetitive proposals may be made only when the supply, service or equipment is available from only one source. Due to the ongoing replacement of radios in the department and county-wide for interoperability, Covina must purchase Motorola APX 8000 radios from one vendor. Since Motorola is the only vendor, competition does not exist for their proprietary items of original equipment manufacturers and are the only authorized exclusive distributors.
FISCAL IMPACT:
Six (6) radios will be purchased in the total amount of $57,628.23. The grant will only reimburse $51,789 leaving $5,839.23 to be covered by existing funds in police account 1010 1130 54990. Resolution CC 2022-18 will accept the grant in the amount of $51,789 and will also increase the police department FY 2021-22 budget by appropriating the same amount.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None
ATTACHMENTS:
Attachment A - 2019 SHSP Grant Agreement
Attachment B - Resolution CC 2022-18
Attachment C - Motorola Quote
Respectfully submitted,
State Homeland Security Program
Subrecipient Agreement
Grant Year 2019
Between the
County of Los Angeles
and the
City of Covina
SUBRECIPIENTAGREEMENT
BETWEENTHE
COUNTYOF LOS ANGELES
AND THE
CITYOF COVINA
THIS AGREEMENT("Agreement") is made and entered into by and between the County of Los Angeles, a politicalsubdivision of the State of California (the “County of Los Angeles”), and the City of Covina, a public agency (the “Subrecipient”).
WlI.NE§§EI?
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Of?ce of Grants and Training (G&T),has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number ) 97.067 — Homeland Security Grant Program directly to the CaliforniaGovernor’s Office of Emergency Services (Cal OES) for the 2019 SHSP, FAIN#EMW-2019-SS-00035, Federal Award dated September 26, 2019 with a performance period of September 1, 2019 to May 31, 2022. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles (DUNS#052238763) as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and
WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2019 SHSP grant from Cal OES in the total amount of $10,655,569.00; and WHEREAS, the CEO now wishes to distribute 2019 SHSP grant funds to the Subrecipient in the amount of $51,789.00, as further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on April 7, 2020 authorized the CEO to prepare and execute this Agreement.
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
SECTION I
INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:
A. County of Los Angeles, a politicalsubdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of (I/9"'5‘Wt , a public agency, having its principal office at 25 3 Gout-?le 97'. ~ . 9’72‘ .
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:
1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:
Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213)687-3765
[email protected]
Giles Quan
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213)974-2319
Fax: (213)687-3765
[email protected]
2. The representative of Subrecipient is:
Name and Title: C/vrtsMarco:re//oi, C/‘
Organizational DUNS 6’37¢? Number /7 /52
|
Address: /26 CJ//‘Z/17¢.’ S7‘,
City/State/Zip: (/10,,,m{ I, 5;; 5/; 7 2
Phone:
| (52743, = :35/I/'-/51’//g
FAX: _|—
Cg.,«ypg{i"‘(}6';l'€//O (.161/M510-"1C M
With a copy to:
Name and Title: Sélwid0,} 1:49: W3.
Address: |
City/State/Zip: _j___l___________Z_
Phone:
t
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 willbe deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message willbe deemed communicated as of the date of mailing.
C. Ifthe 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, withinfive (5) business days of said change.
§103.
§104.
§201.
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 willnot 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.
Conditions Precedent to Execution of This Agreement
Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:
Certi?cation and Disclosure Regarding Lobbying, attached hereto as ExhibitA and made a part hereof, in accordance with §411.A.14 of this Agreement.
Subrecipient must also ?le 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.
Certification Regarding Debarment, Suspension, ineligibilityand 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.
Certi?cation Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.
Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.
SECTlON ll
TERM ANDSERVICES TO BE PROVIDED
Performance Period
The performance period of this Agreement is from September 1, 2019 to February 28, 2022, 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 willbe so extended by such written notification, as provided in §502, below.
§2o2. Use of Grant Funds
Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter “Budget,” for the 2019 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 willhave ten (10) business days to comply with the request. Ifthe Subrecipient does not comply with the request, CEO willissue written notification indicating that the requested modification willnot 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 willremain in effect.
Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.
Subrecipient agrees that grant funds awarded willbe used to supplement existing funds for program activities, and willnot supplant (replace) non-Federal funds.
Subrecipient must review the Federal Debarment Listing at httgs://www.sam.gov/SAM/pages/public/searchRecords/search.jsf prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.
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 willrequest approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.
Subrecipient must provide any certi?cations or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15“‘)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.
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 315‘(fiscal year ending June 30) or June 30"‘(fiscal year ending September 30) of the year following the reporting period.
G. Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one onsite visit during the term of this Agreement. Monitoring willutilize 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 DigitalTechnology 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&TAuthorized Equipment List (AEL) available online at
https://www.fema.gov/authorized-eguipment-list and the Funding Guidelines of the 2019 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 2019 SHSP can be found at Title 2 CFR Part 200.313.
Any equipment acquired or obtained with Grant Funds:
1. Willbe made available under the California Disaster and CivilDefense Master MutualAidAgreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies withinthe jurisdiction of the applicant;
Willbe consistent with needs as identified in the State Homeland Security Strategy and willbe deployed in conformance with that plan; Willbe made available pursuant to applicable terms of the California Disaster and CivilDefense Master Mutual AidAgreement 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 willbe subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, “Equipment” is de?ned 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.
Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use willnot interfere with the work on the projects or program for which itwas originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.
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 withinten (10) business days and the updated Listing is to be fon/varded to the County of Los Angeles Auditor-Controller(A-C)Shared Services Division.
The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.
AllEquipment obtained under this Agreement must have an appropriate identi?cation decal affixed to it, and, when practical, must be affixed where it is readily visible.
§301.
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 priorto any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on ?le a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested. . Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.
. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be ?rst submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://wvvwfirstrespondertraining.gov/frts/.
Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep.
. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects withinthe grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of the Agreement.
. Pursuant to this Agreement, indirect costs are not reimbursable.
SECTION III
PAYMENT
Payment of Grant Funds and Method of Payment
The County of Los Angeles willreimburse Subrecipient up to the maximum grant amount of $51,789.00 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 IIof this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2019 SHSP Grant Award Letter from Cal OES.
B. Subrecipient must submit reimbursement requests to the County of Los Angeles A—CShared 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 AARwith 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 noti?cation from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301.A., above, willnot be utilized. As provided in §502, below, any increase or decrease in the grant amount speci?ed 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 willbe withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.
E. it is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.
F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.
§4or
§402.
§4o3.
§4o4.
2. County of Los Angeles willmake a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.
SECTION IV
STANDARDPROVISIONS
Construction of Provisions and Titles Herein
Alltitles or subtitles appearing herein have been inserted for convenience and do not, and willnot be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement willbe construed according to its fair meaning and not strictly for or against either party.
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 willbe enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.
Ifany part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflictwith any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement willnot be affected thereby.
Applicable Federal or State requirements that are more restrictive willbe followed.
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.
Breach
if any party fails to perform, inwhole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405.
§406.
§407.
§408.
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:
Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
Delegate, subcontract, or otherwise transfer any of its duties hereunder.
Permits
Subrecipient and its of?cers, 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 itwill immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents.
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).
Ifrequired, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of CivilRights in accordance with guidelines listed at httgs://www.iusticegov/crt.
Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, willbe subject to the provisions of this §407 of this Agreement.
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 liabilityjointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision willapply and willbe enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the
§409.
B.
authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liabilityimposed upon it or upon any of its of?cers, 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 liabilitywould 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 liabilityarising 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 liabilityarising 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 liabilitythat is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the CaliforniaCivilCode are made a part hereof as iffullyset forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
Conflictof Interest
The Subrecipient covenants that none of its directors, of?cers, 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, CaliforniaGovernment Code §87100 e_t?g ifsuch person were a public officer, because such person would have a "financial or other interest" in the subcontract.
Definitions:
1. The term "immediate family"means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" means:
a. Any direct or indirect ?nancial interest in the speci?c contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a pro?t, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other bene?cial interest of ?ve percent or more; ownership of ?ve percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.
. 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 othen/vise in a position to bene?t from the actions of any of?cer, employee, or agent).
. The Subrecipient may not subcontract with a former director, of?cer, or employee within a one year period following the termination of the relationship between said person and the Subrecipient.
. 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 of?cers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
. For further clarification of the meaning of any of the terms used herein, the 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 con?ict of interest.
. The Subrecipient warrants that it has not paid or given and willnot pay or give to any third person any money or other consideration for obtaining this Agreement. . The Subrecipient covenants that no member, of?cer 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.
The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§41o.
§411.
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.).
Statutes and Regulations Applicable To AllGrant Contracts 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 ?eld memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certi?es that, as applicable, itwillcomply with the Americans with Disabilities Act 42, USC §§12101 e_t§_e_g_.,and its implementing regulations. Subrecipient willprovide 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 willnot 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, willbe subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for
any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.
Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly.
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.
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 ?nal disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigationor 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. 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.
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 DavisBacon 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’tCode Sec. 16645 et E.
CivilRights
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VIof the CivilRights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IXof the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f)the Comprehensive
10. 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 VIIIof the CivilRights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j)the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.
Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles ll and Ill 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 E0 11738; (c) protection of wetlands pursuant to E0 11990; (d) evaluation of flood hazards in floodplains in accordance with E0 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 AirAct of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe DrinkingWater Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibitsthe
11. 12.
use of lead—basedpaint 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 itwillnotify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facilityto 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 withinthe units of the Coastal Barrier Resources System.
Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §4‘/O), 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.).
Suspension, Debarment, ineligibilityand VoluntamExclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certi?cation Regarding Debarment, attached hereto as ExhibitB, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certificationbe included in the
award documents for all sub—awardat all tiers and that all subcontractors certify accordingly.
13. Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov’tCode §§8350-8357, and Subrecipient must complete the Certi?cation 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—awardat 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, (OMB0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.
15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (PL. 89-544, 7 USC §§2131 et seq.). . 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; E0 12372; U.S. Department of Homeland Security, Of?ce of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMDTraining Course Catalogue; and DOJ Of?ce for CivilRights.
Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1(e) and CCR Title 19, §§2445-2448.
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, CriminalJustice Information Systems; Part 22, Con?dentiality of Identi?able Research and Statistical Information; Part 23, CriminalIntelligence 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 Of?ce 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, willbe 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). Alltravel, including outof-State travel, that is not included in the budget(s) willnot be reimbursed without prior written authorization from the County of Los Angeles.
Subrecipient’s administrative—relatedtravel and per diem reimbursement costs willnot be reimbursed. For programmatic-related travel costs, Subrecipient’s reimbursement rates may not exceed the amounts established under the grant.
C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's “Grant Assurances”. By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D.
Subrecipient willbe liable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances.
D.
§412.
§413.
Pursuant to this Agreement, Subrecipient shall execute the 2019 Certi?cation 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.
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.
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.
Inventions, Patents and Copyrights
Reporting Procedure for inventions
Ifany project produces any invention or discovery ("|nvention") 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 fullyto the County of Los Angeles. The County of Los Angeles willreport 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 willdetermine whether to seek protection on the Invention. The State willdetermine how the rights in the Invention, including rights under any patent issued thereon, willbe allocated and administered in order to protect the public interest consistent with the policy (“Policy")embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and willcontractually require its personnel to be bound by the Policy.
B.
§414.
Rights to Use Inventions
As applicable, County of Los Angeles willhave 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.
. 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. Ifthe County of Los Angeles declines to copyright the Material, the County of Los Angeles willhave an unencumbered right, and a nonexclusive, 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 willhave 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.
. Rights to Data
The State and the County of Los Angeles willhave 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)).
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.
ChildSupport Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.
§415.
§416.
§417.
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.
Compliance with Fair Chance Employment Practices
Subrecipient shall comply with fair chance employment hiring practices set forth in CaliforniaGovernment Code Section 12952, Employment Discrimination:
Conviction History. Subrecipient’s violation of this paragraph of the Agreementt 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.
Method of Payment and Reguired Information
The County of Los Angles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.
Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https://directdeposit.lacounty.gov/. Such electronic banking and related information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e—mailaddress capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.
§5o1.
§5o2.
SECTIONV
DEFAULTS SUSPENSION TERMINATIONANDAMENDMENTS
Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time speci?ed by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
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
§601.
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 speci?ed 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
ENTIREAGREEMENT
Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party willaffect or modify any of the terms and conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement may be executed utilizingwet, 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]
INWITNESS 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
Chief Executive Officer
BY
CELIA ZAVALA
Executive Officer, Board of Supervisors
APPROVED AS TO FORM
RODRIGO A. CASTRO-SILVA
County Counsel
BY
Deputy County Counsel
BY
City Representative/Title (Signature)
APPROVED AS TO FORM
BY
City Attorney (Signature)
ATTEST
BY
City Clerk (Signature)
Date
BY
ARLENE BARRERA
Auditor-Controller
(Print Name) Date
(Print Name) Date
(Print Name) Date
ExhibitA
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
EXHIBITS
Certi?cation and Disclosure Regarding Lobbying
Certi?cation Regarding Debarment, Suspension, ineligibilityand Voluntary Exclusion Lower Tier Covered Transactions
Certi?cation Regarding Drug-Free Workplace
Certi?cation of Grant Assurances
Final Grant Award Letter and Project Worksheet
2019 Notice of Funding Opportunity
Reimbursement Form and instructions
Review instrument
Cal OES 2-232
Approved by OMB 0348-0046
INSTRUCTIONSFOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYINGACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiationor receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title31 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 of?cer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-AContinuation Sheet for additional information ifthe space on the form is inadequate. Complete all items that apply for both the initialfiling 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. ifthis is a follow-up report caused by a material change to the information previously reported, enter the year and quarter inwhich 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 ifit is, or expects to be, a prime or sub—awardrecipient. identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limitedto subcontracts, subgrants and contract awards under grants.
5. Ifthe organization filingthe 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, ifknown. 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)
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 willbe made (planned). Check all boxes that apply. Ifthis 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 inkind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. Ifother, specify nature.
14. Provide a speci?c 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 emp|oyee(s) contacted or the officer(s), emp|oyee(s), or Member(s) of Congress that were contacted.
15. Check whether or not a SF-LLL-AContinuation Sheet(s) is attached.
16. The certifying officialshall 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 A
Cal OES 2-232
Approved by OMB 0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Comlete this form to disclose Iobb in activities ursuant to 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
. . . A ' 't' lfl' . contract , bd/ ff /
| t 3- '”''a _''"Q
. grant ir1|iti.:|aew:::lplca|on bv '"a‘°"a'°“a“9e
'_ffgferative agreement °- P°5t'a""a’d For Material Change Only:
. loan guarantee Year Quarter
. 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
Chief Executive Of?ce - HSGA -34Subawamee 500 West Temple Street, Room B-79-2 Los Angeles, CA 90012
Tier, If known:
Congressional District, if known: Congressional District, if known:
6. Federal DepartmentlAgency: 7. Federal Program Name/Description:
Department of Homeland Security Homeland Security Grant Program CFDA Number, if applicable: 97-057
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, ?rst name, MI): .
_
. . .
(attach Continuation sheeus) SF_LLL_A, if necessary) (last name, first name, Ml Include address if different from 10a) /U//t /””//”r
11. Amount of Payment (check all that apply) I 13.Type of Payment (check all that apply):
WM}Actual ~__[Planned a. retainer
12. Form of Payment (check all that apply): ,,i b. one-time fee 3- Cash c. commission
b. in-kind;specify: d. contingent fee
_ie. deferred
nature f. other; specify:
. 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, ifnecessary) . Continuation Sheet(s) SF-LLL-A attached: Yes
. information requested through this form is authorized by Title 31 U.S.C. Section 1352. Slgnalufei This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. _ This disclosure is required pursuant to 31 US. C. 1352. This information willbe M93 reported to the Congress semi-annually and willbe available for public inspection. Any Telephone; person who fails to file the required disclosure shall be subject to a civil penalty of not (area code) less than $10,000 and not more than $100,000 for each such failure. Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form - LLL
Disclosure ofPage 33 of 60 Lobbying Activities — Cal OES 2-232 (Revised 7/8/2013) 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 Narrfe Ml
/.
//
/ Address //’ City Zip
Last Name First Name MI
Address City Zip
Last Name First Name Ml
Address .
*
I City Zip
Last Name First Name MI
Address City Zip
Continuation of 14: (additional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11:
Authorized for Local Reproduction
Standard Form — LLL-A
Disclosure ofPage 34 of 60 Lobbying Activities — Cal OES 2-232 (Revised 7/8/2013)
EXHIBIT B
CERTIFICATIONREGARDING
DEBARMENT, SUSPENSION, INELIGIBILITYANDVOLUNTARYEXCLUSION
LOWERTIERCOVERED TRANSACTIONS
This certificationis required by the regulations implementing Executive Order 12549, Debarment and Suspension. 24 CFR Part 24 Section 24.510.Participants’ responsibilities.
(READ ATTACHEDINSTRUCTIONSFOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifiesthat neither it nor its principalsare presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarilyexcluded from participationin this transaction by any Federal department or agency.
2. Where the prospective recipientof Federal assistance funds is unable to certify to any ofthe statements in this certification. such prospective participant shall attach an explanationto this proposal.
AGREEMENTNUMBER
CONTRACTOR/BORROWERIAGENCY
C‘/"I?'“I‘9 /I’/wc~‘cccIv"//0/L//}Wt’5{"€>V
NAMEANDTITLEOFAUTHORIZED EPRESEN ATIVE
SIGNATURE DATE
'1.
2. INSTRUCTIONSFORCERTIFICATION
Bysigningand submitting this document,the prospective recipientof Federalassistance is providingthe certificationas set out below.
The certificationinthis clause is a materialrepresentation offact uponwhichreliance was placedwhen thistransactionwas entered into. ifitis later determinedthatthe prospectiverecipient of Federal assistance funds knowinglyrendered an erroneous certi?cation, in addition to otherremedies available to the Federal Government.the department or agency withwhichthistransactionoriginatedmay pursue available remedies.includingsuspension and/ordebarment.
The prospective recipient of Federal assistance funds shall provide immediatewritten notice to the person to which this agreement is entered.itat any time the prospective recipient of Federal assistance fundslearnsthat its certificationwas erroneous. when submittedor has become erroneous by reason of changed circumstances.
The terms "coveredtransaction.""debarred."‘suspended,’ ‘ineligible,’"lowertier covered transaction.""participant.""person."" primary coveredtransaction.”'principai." "proposal."and "voluntarilyexciuded."as used inthis clause.have the meanings set out inthe Definitionsand Coverage sections ofrulesimplementingExecutiveOrder 12549.
The prospective recipient of Federal assistance funds agrees by submitting this proposal that, shouldthe proposed coveredtransactionbe entered into, itshall not knowingly enter intoany lowertier covered transactionwitha person who is debarred.suspended, declared ineligible,or voluntarilyexcludedfromparticipationon thiscoveredtransaction. unless authorizedby the department or agency withwhichthis transaction originated.
The prospective recipient ofFederal assistance funds furtheragrees by submittingthis proposal that itwillincludethe clausetitled"CertificationRegardingDebarment, Suspension, ineligibilityand VoluntaryExclusionLowerTierCovered Transactions.” withoutmodi?cation,in all lowertiercoveredtransactions and in all solicitationsfor lower tier coveredtransactions.
A participantina covered transactionmayrely upon a certificationof a prospective participantina lowertier coveredtransaction.unless itknowsthat the certificationis erroneous.A participant may decidethe methodand frequency bywhich itdetermines the eligibilityof its principals. Each participant may, but is not requiredto.check the l_._i_§t of Parties Excludedfrom Procurement or Non ProcurementPrograms.
Nothingcontainedin the foregoingshallbe construedto require establishmentof a system ofrecordsin orderto renderingood faiththe certificationrequired by this clause.
The knowledge and information of a participantis not requiredto exceed that whichis normallypossessed by a prudent person inthe ordinarycourse of business dealings.
Except fortransactions authorized under Paragraph 5 ofthese instructions. ifa participantina coveredtransactionknowinglyenters intoa lowertier covered transaction witha person who is suspended. debarred.ineligible,or voluntaryexcluded form participationin this transaction, in additionto otherremedies available to theFederal Government, the department or agency withwhichthistransactionoriginatedmay pursue availableremedies.includingsuspension and/ordebarment.
EXHIBIT C
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
' 3 7 , COMPANY/ORGANIZATIONNAME: W’ (9 W VI
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(0), that every employee who works on the proposed contract or subgrant:
(a) Willreceive 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.
OFF|CAL'S NAME DATE EXECUTED
./_°°§/471??”/§§
EXECUTED INTHE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
/O/6¢iri«(v¢’",’«*.'7'/V‘
TITLE
FEDERAL |.D. NUMBER
Drug-Free Workplace Certification STD. 21 (Revised 7/2015)
STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the L?/‘?g 0OZ(1 C57l//L15‘ (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.
(youragency),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 8355(a)( 7)(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. '2 ' "
, It is the intent of the (/1 0 K02//V14 (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(a)]
Drug-Free Workplace Certification STD. 21 (Revised 7/2015)
EXHIBIT D
GOVERNOR'SOFFICE 5 OF EMERGENCYSERVICES
CalOES
Standard Assurances
For AllCal OES Federal 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 httgzg[www.whitehouse.gov[omb[.
Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant willobtain written authorization from the city council, governing board, or authorized body in support of this project. Thiswritten 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 willbe 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; and
(d) The official executing this agreement is, in fact, authorized to do so. 20)‘? HSGP Standard Assurances Page i of i4 initials
GOVERNORSOFFICE 5 OF EMERGENCYSERVHZES
CalOES
Standard Assurances
For AllCal OES Federal Grant Programs
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant willinitiate work after approval of the award and complete all work within the period of performance specified in the grant.
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 willbe 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 info of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or willbe 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.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- l508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 201‘?HSGP Standard Assurances Page 2 of T4 Initials
l3DVERNOR'SOFFICE 5 OF EMERGENCY SERVICES
CalOES
Standard Assurances
For AllCal OES Federal Grant Programs
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 T2689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part T80, 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 ora 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-Discriminationand Equal Employment Opportunity
The Applicant willcomply with all federal statutes relating to non—discrimination.
These include, but are not limited to, the following:
2019 HSGP Standard Assurances Page 3 of i4 Initials
EDVERNOIPSDFFICE 5 OF EMERGENCY SERVICES
CalOES
Standard Assurances
For AllCal OES Federal 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. sea.) 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 lX 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 needy
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(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 Vlll 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. Part 100. 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;
(1) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 2019 HSGP Standard Assurances Page 4 of 14 Initials
GOVERNOR'SOFFICE 5 OF EMERGENCY SERVICES
CalOES
Standard Assurances
For AllCal OES Federal Grant Programs
(k) DHSpolicy to ensure the equal treatment of faith—based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m)The requirements of any other nondiscrimination statute (s) which may apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). 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 (California Government Code §§12940, 12945, 12945.2), 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.
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 willmaintain a drug—free workplace and a drug—free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant willcomply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 2lOOO—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; 2019 HSGPStandard Assurances Page 5 of 14 Initials
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(d) Federal Clean AirAct of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low—income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that willresult in effective enforcement of the Clean AirAct and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (1) The Safe Drinking Water Act of 1974, (P.L. 93-523),’ (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1-451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean AirAct 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. 2019 HSGP Standard Assurances Page 6 of 14 Initials
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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 T996 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 willgive 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 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 willcomply with 31 U.S.C§§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. l09—282),specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first—tiersubawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non—federa| entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part I70 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at T0U.S.C. § 2409, 41 U.S.C. § 4712, and I0 U.S.C. § 2324, 41 U.S.C.§ 4304 and § 4310.
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14. Human Trafficking
The Applicanf will comply wiThThe requiremenfs of Secfion i06(g) of The Trafficking Vicfims ProTecTion ACTof 2000, as amended (22 U.S.C. § 7l04) which prohibifs granf award recipienfs or a subrecipienf from: (i) engaging in Trafficking in persons during The period of Time ThaTThe award isin effecf; (2) procuring a commercial sex acf during The period of Time Thai The award isin effecf; or (3) using forced labor in The performance of The award or subawards under The award.
15. Labor Sfandards
The Applicanl willcomply wifh The following federal labor sfandardsz (a) The Davis—Bacon AcT (40 U.S.C. §§ 276a To 276a—7), as applicable, and The Cogeland AcT (40 U.S.C. § 3i-45 and i8 U.S.C. § 874) and The ConTracT Work Hours and Safefy Sfandards ACT (40 U.S.C. §§ 327-333), regarding labor sfandards for federally—assisTed consfrucfion conTracTs or subconfracfs, and (b) The Federal Fair Labor Sfandards ACT(29 U.S.C. § 201 ef al.) as They apply To employees of insTiTuTesof higher learning (lHE), hospifals and ofher non—profiT organizafions.
16. Worker's Compensation
The Applicanf musf 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 ThisAgreemeni, as per The workers compensafion laws sef forTh in California Labor Code §§ 3700 eT sea.
17. Property-Relafed
If applicable To The Type of projecf funded by Thisfederal award, The Applicanf will:
(a) Comply wiThThe requiremenfs of Tifles TIand ill of The Uniform Relocafion Assisfance and Real Progerfy Acguisifion Policies ACTof 1970 (P.L. 91-646) which provide for fair and equifable TreaTmenTof persons displaced or whose properfy is acquired as a resulf of federal or federally—assisTed programs. These requiremenfs apply To all inTeresTs in real properly acquired for projecf purposes regardless of federal parficipafion in purchase; (b) Comply wiThflood insurance purchase requiremenfs of Secfion i02(a) of The Flood Disasfer Profecfion ACTof 1973 (P.L. 93-234) which requires subrecipienfs in a special flood hazard area To parficipafe in The program and To purchase flood insurance if The ToTal cosf of insurable consfrucfion and acquisifion is $10,000 or more;
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(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—l etseq.); 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. Willrecord the federal awarding agency directives and willinclude 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.
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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, issubject 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.
HOMELANDSECURITYGRANTPROGRAMIHSGPI- PROGRAMSPECIFIC ASSURANCES[ CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e—mailat [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP),sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e—mail or mail at the addresses listed above.
The United States has the right to seekjudicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from DHS
Allrecipients 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. 2019 HSGPStandard Assurances Page 10 of I4 Initials
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23. Activities Conducted Abroad
Allrecipients 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.
24. Best Practices for Collection and Use of Personally Identifiable Information (Pll) DHS defines personally identifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that islinked or linkable to that individual. Allrecipients who collect Pll are required to have a publically—avai|able privacy policy that describes standards on the usage and maintenance of Pllthey collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
25. Copyright
Allrecipients must affix the applicable copyright notices of i7 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.
26. Duplication of Bene?ts
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 condmons
27. Energy Policy and Conservation Act
Allrecipients 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.
28. Federal Debt Status
Allrecipients 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—l29. 2019 HSGP Standard Assurances Page ii of i4 Initials
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29. Fly America Act of 1974
Allrecipients must comply with Preference for US. Flag AirCarriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property To the extent that such service is available, in accordance with The International AirTransportation 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 B138942.
30. 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.
31. Non-supplanting Requirement
Allrecipients 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 nonfederal sources.
32. 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. Allrecipients 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 CFR. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
Allrecipients 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.
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34. Terrorist Financing
Allrecipients 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.
35. Reporting of Matters Related to Recipient Integrity and Performance Ifthe 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 Xll,the full text of which is incorporated here by reference in the award terms and conditions.
36. USAPatriot Act of 2001
Allrecipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOTAct), which amends l8 U.S.C. §§ i75—l75c.
37. Use of DHSSeal, Logo, and Flags
Allrecipients must obtain permission from their DHSFinancial Assistance Office, prior to using the DHSseal(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. 2019 HSGPStandard Assurances Page l3 of i4 Initials
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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: (l) 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 2018, Version 8.1, hereby incorporated by reference, which can be found at:
' www.dhs. ov ublicationf l5—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: Complete next Page
Signature of Authorized Agent: Complete next Page
Printed Name of Authorized Agent: Commete“ext page
We: Cemplete next Page Dome: Complete next page
2019 HSGPStandard Assurances Page 14 of T4 Initials
EXHIBITD
COUNTYOF LOS ANGELES
2019 CERTIFICATIONOF GRANTASSURANCES
As the duly authorizedrepresentative of the Subrecipient, I hereby certify Subrecipient's complete acceptance of ExhibitD, and agreement to abide by all provisions, assurances, conditionsand requirements of the Grant Assurances therein.
Cyln
_.__________.______
5 /1/WMV8
City Representativeffitle(Signature)
BY
(Print Name) Date
APPROVEDAS TO FORM
BY__________________ _______________
City Attorney (Signature) (Print Name) Date
ATTEST
BY_____________________ _________________
City Clerk (Signature) (Print Name) Date
HOA.10220-4513.1
EXHIBIT E
GAVINNEWSOM MARKS. GHlLARDUCCl
GOVERNOR DIRECTOR
%CalOES
GOVERNORSOFFICE
OF EMERGENCYSERVICES
September 26, 2019
Sachi A. Hamai g1 ““,‘
Chief Executive Officer
C‘
Los Angeles County
500 West Temple Street, Room 713 5;; 1~_\_s
LosAngeles, CA 90012—00O0 .1:
SUBJECT:NOTIFICATIONOF SUBRECIPIENTAWARDAPPROVAL
FiscalYear (FY)2019 Homeland Security Grant Program (HSGP) Subaward #2019-0035, Cal OES lD#O37-00000
Subaward Period of Performance: 09/01/2019-O5/31/2022
Dear Ms. Hamaiz
The California Governor's Office of Emergency Services (Cal OES) approved your FY2019 HSGPsubaward in the amount of $10,655,569.Once the completed application isreceived and approved, reimbursement of eligible subaward expenditures may be requested using the Cal OESFinancial Management Forms Workbook. Failureto provide documentation in a timely manner could resultin a hold on funding, pursuant to 2 CFR §§ 200.338(a) and 200.207(b)(1)—(2).
Thissubaward issubject to requirements in Title2, Code of Federal Regulations (CFR),Part 200, including the Notice of Funding Opportunities (NOFO),the Preparedness Grants Manual, CaliforniaSupplement to the NOFO, and all applicable federal, state, and local requirements. Allactivities funded with this subaward must be completed withinthe 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 EnvironmentalPlanning and Historic Preservation review.
.:-=*E1'Tn‘1‘l''’h'‘‘p'‘'‘'*~‘>~ _}
3650SCHRIEVER AVENUE,MATHER,CA 95655
(916)845-8506TELEPHONE (916) 845-8511FAX
www.CalOES.ca.gov
Sachi A. Hamai
September 26, 2019
Your organization willbe required to prepare and submit the BiannualStrategy Implementation Report to Cal OESvia the Federal Emergency Management Agency's Grants Reporting Tool(GRT)semi—annua|lytor the duration of the subaward period of performance or until all activities are completed and the subaward isformally closed. Failureto submit required reports could result in subaward reduction, suspension, or termination. Throughout the subaward cycle, milestonesset in the GRTwillbe used as indicators of project feasibility, performance, and grant management capacity. Thisinformation may also be used in assessing proposals in future grant opportunities.
A Special Condition isplaced on thissubaward for any funds passed-through to any LosAngeles County governmental entity. Additionalinformationspecifying the conditions willbe sent at a later time.
Your dated signature isrequired on thisletter.Please sign and return the original to your Cal OESProgram Representative within20 calendar days upon receipt and keep a copy for your records. For further assistance, please contact your Cal OESProgram Representative.
Sincerely,
luwcwo/L»—\
MARKS.GHILARDUCCI
Director
-See-hi-A.-l=lemaLFe;/"9LI4-J)“/9"‘f°“1;v4"7n‘f5 C50 Date Los Angeles County
RESOLUTION CC 2022-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, TO INCREASE THE POLICE DEPARTMENT FISCAL
YEAR 2021-22 BUDGET BY $51,789 AND APPROPRIATE THE SAME
DOLLAR AMOUNT TO PURCHASE RADIOS RESULTING FROM A
GRANT AWARD BY THE 2019 CALIFORNIA STATE HOMELAND
SECURITY GRANT PROGRAM (SHSGP)
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina was awarded State Homeland Security Grant Program 2019 in the amount of $51,789 for radios; and
WHEREAS, accepting this award will increase the Police Department’s appropriation by $51,789 and revenue accounts by the same amount; and
WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2021-2022 Police Department Budget as follows:
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 15
th day of February, 2022.
City of Covina, California
BY:
JORGE A. MARQUEZ, Mayor
ATTEST:
___________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
Revenue Account 2278-1130-42035-HSG19 $51,789
Appropriation Account 2278-1130-55700 HSG19 $51,789
Resolution CC 2022-18 Page 2 of 2
CERTIFICATION
I, Georgianna Nicole Alvarez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-18 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15
th day of February, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
- @ MOTOROLA smumzzms QUOTE-1 8021 71
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Billing Address: Quote Date:02/04/2022
COVINA POLICE DEPT, CITY Expiration Date:O5/O4/2022
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End Customer:
COVINA POLICE DEPT, CITY OF
Freight Terms:FREIGHT PREPAID
Payment Terms:3O NET
Summary:
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. Motorola Standard Terms and Conditions are found at www.motoro|aso|utions.com/product-terms. I .
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Any sales transaction followingMotorola's quote is based on and subject to the Agreement") termsand conditions of the valid and executed written contract between Customer and Motorola(the “Underlying Motorola's
that authorizes Customer to purchase equipment and/or services or license software (collectively""Products'"').Ifno Underlying Agreement exists between Motorolaand Customer, then Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. MotorolaSolutions, |nc.: 500 West Monroe, United States - 60661 ~ #1 364115800
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Estimated Tax 4 $529023
Grand Total $57,628.23(USD)
Notes:
' ICI System Users Discount Promotion - Expires December 9, 2022 APX Radio = 32% Discount
APX Accessory = 20% Discount
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola(the ‘"'Under|ying Agreement”) Motorola's that authorizes Customer to purchase equipment and/or services or license software (collectively""Products"").Ifno Underlying Agreement exists between Motorolaand Customer, then Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. MotorolaSolutions.|nc.: 500 West Monroe, United States - 60661 ~ #2 364115800
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: CC Regular Meeting - Feb 15 2022
Title: Resolution CC 2022-19 to Amend the Fiscal Year Operating Budget to Accept and Appropriate $319,151 in Reimbursable, Grant Award Funds from the California Department of Transportation (Caltrans) and $41,349 Local Match Funds (Proposition C) to Establish the Project Account "CASMC" and Facilitate the Development of an Active Streets and Multimodal Connectivity Plan
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2022-19, amending the Fiscal Year 2021-2022 Operating Budget to accept and appropriate $319,151 in Grant Funds and $41,349 from the Proposition C Fund to establish the Covina Active Streets and Multimodal Connectivity Plan (CASMCP) Project for the Purpose of Facilitating the Development of an Active Street and Multimodal Connectivity Plan awarded by the California Department of Transportation (Caltrans).
EXECUTIVE SUMMARY / BACKROUND:
The City of Covina applied for and received a grant award by the California Department of Transportation (Caltrans) totaling Three Hundred and Nineteen Thousand and One Hundred and Fifty-One Dollars ($319,151) in reimbursable, grant award fund. As part of the Restricted Grant Agreement (RGA)(Attachment A), Caltrans requires a local cash match of 11.7% to complete the project. The local match amount required totals Forty One Thousand Three Hundred and Forty Nine Dollars ($41,349) for a total amount of Three Hundred and Sixty Thousand, and Five Hundred Dollars ($360,500) for the City to develop a holistic active street, transit-oriented development, & multimodal transportation focused plan, which seeks to better facilitate first-last transit connections in the City. The application can be seen in "Attachment III" of Attachment B, "Restricted Grant Agreement with Caltrans".
Soon after the City was notified of award (conditionally awarded), the City Council of the City of Covina approved Resolution 2021-101 at the August 17, 2021 City Council Meeting, which authorized the City Manager to execute agreements with Caltrans ("Attachment I" in Attachment B). On December 15, 2021, The City of Covina received a "Notice to Proceed" from Caltrans and subsequently entered into a Restricted Grant Agreement (Attachment B). A Kick off Meeting was held with Caltrans representatives and Community Development Staff on December 23, 2021. Staff then released a Request for Proposals on January 10, 2022 for a qualified consultant to conduct research, coordinate a stakeholder outreach plan, conduct several studies, and prepare the CASMP and expects to award a Professional Services Agreement in March of 2022. City staff also added a webpage on the City Website dedicated to the project, to provide easily accessible updates and project milestones:
https://covinaca.gov/cd/page/active-streets-and-multi-modal-connectivity-plan.
DISCUSSION:
Award and Eligible Reimbursement
The Covina Active Streets and Multimodal Connectivity Plan was awarded a reimbursable Grant, meaning that funds must be expended by the grantee and must be categorized as an "eligible reimbursement" in order to get reimbursed for expenses. Caltrans staff provided the Grant Application Guide and instructions for reimbursements to staff at a kick-off meeting in December of 2021. A list of "Eligible Reimbursements" can be found on Section
2.3 of Attachment III in Attachment B. Reimbursements are to be submitted to Caltrans every one to three (1-3) months until the anticipated completed date of February 30th, 2024. Once reimbursement requests are approved by the contract manager, reimbursement checks will be mailed to the City and deposited into Account No. 4010- 4010-421128-CASMC (also see fiscal impact).
Local Match
Staff reviewed the expenses associated with the local match requirement and concluded that the local match qualifies as an eligible expense under Proposition C. Metro requires a fully executed Resolution by the City approving the appropriation in order to approve the use of funds. Of the Forty One Thousand Three Hundred and Forty Nine Dollars ($41,349), only about Twenty Four Thousand Dollars ($24,000) is expected to be used by City Staff throughout the project lifespan (18 to 25 months) through project administration (life of project) and the consultant procurement process. Project administration (5% of the total grant) includes preparation of staff reports, quarterly reporting, meetings, close out audit, and similar work. The Consultant procurement process ( roughly 1.6% of the grant award) includes the RFP preparation and distribution, reviews & ratings, interviews, award of Professional Services Agreement, & vendor set up. Any unused portion of staff costs will be redistributed to other areas of the grant through an amendment with Caltrans (such as stakeholder outreach).
Project Lifespan and Major Tasks
The project lifespan is for an estimated 18 to 25 months, from the date of award (December 2021) to February 2024. The main project elements are as noted below. We expect work to begin in March 2022 (Refer to "Project Cost and Schedule" on Page 10 of Attachment II in Attachment B):
• Develop Existing Conditions and Research/Studies:
o Existing Conditions Report
o Market Study
o Mobility and First/Last Mile Needs Study
o Infrastructure Study
o Equity Study
o Urban Design Study
• Develop Stakeholder Engagement (Community Engagement Strategy) o Workshops and/or study sessions, and online engagement • Develop a Draft Active Streets and Multimodal Connectivity Plan to be presented to the Planning Commission, which includes:
o Zoning Map Amendments
o Land Use Policy map
o Development Standards
o Design Guidelines and Concept Plans
o Mobility/First Last Miles Strategy and List of Improvements o Economic Development Strategy
o Equity Outcomes
o Capital Improvement Plan
• Present the Active Streets and Multimodal Connectivity Plan to the City Council as a Public Hearing Item & Submit for review and approval by the City Council of the City of Covina.
FISCAL IMPACT:
Resolution CC 2022-19 would authorize the acceptance and appropriation of the reimbursable grant award monies totaling $319,151 and authorize an appropriation in the amount of $41,349 as a "local match" from Proposition C to facilitate the CASMC project. Reimbursements would be deposited into revenue Account No. 4010-4010- 421128-CASMC. The $41,349 in Proposition C funds are not reimbursable and are the City's local match contribution to the project.
Account Number Account Title Original
Budget Increase Amended Budget
4010-4010-51005-CASMC Planning Consulting CASMC $0 $297,904 $297,904 2405-4010-51005-CASMC Local Match Planning Consulting (11.7%) $0 $38,596 $38,596 4010-4010-50010-CASMC Personnel Costs CASMC $0 $21,247 $21,247 2405-4010-59140-CASMC Local Match Personnel Costs $0 $2,753 $2,753 CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for physical change in the environment, directly or indirectly.
ATTACHMENTS:
Attachment A - Resolution CC 2022-19 to Accept and Appropriate Funds Attachment B - Fully Executed RGA Contract and Supporting Documents Respectfully submitted,
RESOLUTION CC 2022-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-2022 OPERATING BUDGET TO ACCEPT AND APPROPRIATE $319,151 IN GRANT FUNDS AND $41,349 FROM THE PROPOSITION C FUND TO ESTABLISH THE
COVINA ACTIVE STREETS AND MULTIMODAL CONNECTIVITY
PLAN (CASMCP) PROJECT FOR THE PURPOSE OF FACILITATING
THE DEVELOPMENT OF AN ACTIVE STREET AND MULTIMODAL
CONNECTIVITY PLAN AWARDED BY THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS)
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City of Covina applied for a grant award under the Caltrans Sustainable Transportation Planning Grant Program, Fiscal Year 2021-21; and WHEREAS, the City of Covina received a grant award from Caltrans totaling Three Hundred and Nineteen Thousand and One Hundred and Fifty-One Dollars ($319,151) in reimbursable funds for the City to develop a holistic active street, transit-oriented development, & multimodal transportation focused plan to better facilitate first-last transit connections in the City; and
WHEREAS, as part of the grant conditions, Caltrans requires a local match by the City totaling $41,349 to implement the planning efforts; and WHEREAS, Transportation focused planning is a qualified use of Proposition C funds; and
WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2021 and ending June 30, 2022 was approved on June 1 2021; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments to the Budget shall be by approval and memorialized by Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Grand total of the Grant amount and local match, totaling Three Hundred and Sixty Thousand and Five Hundred Dollars ($360,500) will be exhausted across four Fiscal Years, ending in Fiscal Year 2023-24.
Resolution CC 2022-19 Page 2 of 2
SECTION 2. Funds not exhausted during any given Fiscal Year are to be carried over until the estimated completion of the project scheduled for February of 2024.
SECTION 3. Amend the fiscal year 2021-2022 Operating Budget as follows:
Account Number Account Title Original
Budget Increase Amended Budget
4010-4010-42128-CASMC Planning Consulting CASMC (Reimbursable Grant Funds) $0 $319,151 $319,151 2405-4010-51005-CASMC Local Match Planning Consulting (Proposition C) $0 $38,596 $38,596 4010-4010-50010-CASMC Personnel Costs CASMC (Reimbursable Grant Funds) $0 $21,247 $21,247 2405-4010-59140-CASMC Local Match Personnel Costs (Proposition C) $0 $2,753 $2,753 SECTION 4. The City Clerk shall certify to the adoption of this resolution.
APPROVED and PASSED this 15th day of February, 2022.
City of Covina, California
BY:
JORGE A. MARQUEZ, Mayor
ATTEST:
___________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-19 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of February, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
Attachment B:
Fully Executed Restricted Grant Agreement Between the City of Covina and Caltrans Attachment I: Resolution CC 2021-101
Attachment II: Scope of Work & Project Cost and Schedule Attachment III: FLY 2021-22 Grant Application Guide
City of Covina
Agreement Number 74A1281
Sustainable Communities Grants
(State–SB 1)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and City of Covina, hereinafter referred to as AGENCY, will commence on December 15, 2021, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt by AGENCY of Notice to Proceed by CALTRANS Contract Manager. This RGA shall expire on March 30, 2024.
Attachments:
The following attachments are incorporated into and are made a part of this RGA by this reference and attachment.
I. AGENCY Resolution
ll. Scope of Work and Project Cost and Schedule
III. Grant Application Guide
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
Now, Therefore, based upon the terms, covenants, and conditions, the parties agree as follows:
Section I
AGENCY Responsibility:
To timely and satisfactorily complete all Project Work described in Attachment II within the project budget and in accordance with the items of this RGA.
Section ll
CALTRANS Responsibility:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section lII
Parties’ Mutual Responsibilities:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, and AGENCY will conduct transportation studies and planning within the project area described in Attachment II. The funds subject to this RGA must be (a) identified as available for a restricted grant in CALTRANS’ budget and (b) for the purpose of conducting transportation studies or planning and (c) to a public entity that is responsible for conducting transportation studies or planning.
City of Covina
Agreement Number 74A1281
2. Details of the Grant Program, Funds, Project, and Program Guidelines and the governing State and Federal law are fully described in Attachment III which is attached to and made a part of this RGA.
3. Under this restricted grant, funds may be only used for the purpose set forth in this RGA, Resolution (Attachment I), Scope of Work and Project Cost and Schedule (Attachment II), and the applicable Grant Application Guide (Attachment III), and funds may only be used for costs and expenses that are directly related to such purpose.
4. AGENCY shall perform all the duties and obligations described in Covina Active Streets and Multimodal Connectivity Plan, hereinafter “Project”, subject to the terms and conditions of this RGA and the Approved Project Grant Application (Scope of Work and Project Cost and Schedule), which are attached hereto as Attachment II.
5. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I.
6. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with California Senate Bill No. 1 (SB-1) (Chapter 5, Statutes of 2017), also known as the Road Repair and Accountability Act of 2017, including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the applicable Grant Application Guide (Attachment III).
California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive State and Federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable State and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
In case of conflict between any applicable Federal, State, and Local laws, regulations, and ordinances, and/or any applicable policies, procedures, or published manuals of either CALTRANS or AGENCY, the order of precedence of the applicability of same to this RGA shall be established in this order: 1) Federal laws and regulations; 2) California laws and regulations; 3) CALTRANS policies, procedures, and published manuals; 4) Local ordinances; and 5) AGENCY policies, procedures, and published manuals. This RGA may not include any Federal funds.
7. Project funding is as follows:
No in-kind contributions may be made unless the amount and type of the contribution is identified Fund Source:
STATE Fund Source: AGENCY
Total Project
Cost
Road
Maintenance
and
Rehabilitation
Account
(RMRA) State
(SB 1) Grant
Funds
Local Match
(Cash)
Local Match
(In-Kind)
Total Local
Match
% Local
Match
$319,151.00 $41,349.00 $0 $41,349.00 11.47% $360,500.00
City of Covina
Agreement Number 74A1281
above.
8. This RGA is exempt from legal review and approval by the Department of General Services (DGS), pursuant to applicable law.
9. Notification of Parties
a. AGENCY’s Project Manager for Project is Daniella Andrade, Email: [email protected], Phone Number: (626) 384-5445.
b. AGENCY’s Financial Manager for the Project is Alan Sands, Email: [email protected], Phone Number : (606) 384-5511.
c. CALTRANS’ Contract Manager is Rebecca Sanchez, Email: [email protected], Phone Number: (213) 265-0273. “Contract Manager” as used herein includes his/her designee. d. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
City of Covina
Attention: Daniella Andrade, Contract Support
Phone Number: (626) 384-5445
Email: [email protected]
Address: 125 E. College Street
Covina, CA 91723
California Department of Transportation
D7/ Regional Planning branch
Attention: Rebecca Sanchez, Associate Transportation Planner Phone Number: (213) 265-0273
Email: [email protected]
Address: 100 S. Main Street
Los Angeles, CA 90012
10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on December 15, 2021, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on March 30, 2024. b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by CALTRANS Contract Manager.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties. Any proposed modification to this agreement that requires a formal amendment must be submitted by AGENY to CALTRANS no less than ninety (90) days prior to the expiration of this RGA.
12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $319,151.00.
b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will
City of Covina
Agreement Number 74A1281
only reimburse the cost of services actually rendered in accordance with the provisions of this RGA and as authorized by CALTRANS Contract Manager at or below that fund limitation established herein.
13. Termination
a. If the applicable law and the Grant Program guidelines provide for such termination, CALTRANS reserves the right to terminate this RGA for any or no reason upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
b. This RGA may be terminated by either party for any or no reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for PROJECT costs in accordance to the terms of this RGA.
Failure to submit accurate invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs.
14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA and do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS or offer an RGA Amendment to AGENCY to reflect reduced amount.
15. Payment and Invoicing
AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices.
a. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Project Work. CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and, including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Paragraph 17d. The total cost shall not exceed the cost
City of Covina
Agreement Number 74A1281
reimbursement limitation set forth in Section III–Cost Limitations, Paragraph 12a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment II without an amendment to this RGA, as agreed between CALTRANS and AGENCY.
b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.
Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears for completion of milestones in accordance with the Project Cost and Schedule in Attachment II to the satisfaction of the CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CALTRANS Contract Manager at the following address, as stated in Section III–Notification of Parties, Item 9c. One-time lump sum invoices for the grant amount is not allowed. e. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment II, including identification of each employee, contractor, or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient, or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, sub-recipient, and subcontractor invoices.
f. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Paragraph 13. g. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
h. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has 60 days after that Expiration Date to make final allowable payments to Project contractors or vendors and submit the Project’s Final Product(s) as defined in Attachment II and a final accurate invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices.
City of Covina
Agreement Number 74A1281
16. Local Match Funds
a. AGENCY shall contribute not less than its specified local match amount toward the services described herein by the grant expiration date identified in Paragraph 1 of this RGA. AGENCY can provide less than their percentage local match contribution in each invoice submittal, but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7, with the final invoice.
b. If Agency fails to provide the contractual local match identified in Section III, Paragraph 7, it is grounds for contract termination as identified in Section III, Paragraph 13.
17. Quarterly Progress Reporting
AGENCY shall submit written progress reports to CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project costs and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every subrecipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards to the extent applicable.
c. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified the estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf. d. AGENCY agrees and shall require that all its agreements with consultants and sub-recipients contain provisions requiring adherence to this section in its entirety.
19. Repayment of Unallowable Costs
Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
City of Covina
Agreement Number 74A1281
20. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
21. Indemnification
Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors, under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless, CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, contractors, subrecipients, and subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., Tit. 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article.
c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and contractors, sub-recipients, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the
City of Covina
Agreement Number 74A1281
nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the RGA.
23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the Federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre-award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law.
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Neither party waives any rights to pursue remedies authorized by law. b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. c. Voluntary Resolution: Reference to Other Means of Resolution. In recognition of the government-to-government relationship of the AGENCY and CALTRANS, the parties shall make their best efforts to resolve disputes that occur under this RGA by good faith negotiations whenever possible. Therefore, without prejudice to the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the parties hereby establish a threshold requirement that disputes between the AGENCY and CALTRANS first be subjected to a process of meeting and conferring in good faith in order to foster a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this RGA, as follows:
1) Either party shall give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved. 2) The parties shall meet and confer in a good faith attempt to resolve the dispute through negotiation not later than 10 days after receipt of the notice, unless both parties agree in writing to an extension of time.
3) If the dispute is not resolved to the satisfaction of the parties within 30 working days after the first meeting, then either party may seek to have the dispute resolved by alternative dispute resolution methods, including, but not limited to, non-binding arbitration, mediation, or the use of a technical advisor.
4) Disagreements that are not otherwise resolved by mutually acceptable means as provided herein may be resolved in the Superior Court of the State of California located within the same county where a Project is located. The disputes to be submitted to the court include claims of breach or violation of this RGA. This RGA shall be interpreted under the laws of the State of California without regard to any conflict of laws’ provisions. In no event may AGENCY be precluded from pursuing any arbitration or judicial award or remedy against CALTRANS on the grounds that AGENCY has failed to exhaust its state administrative remedies. The parties agree that, except in the case of imminent threat to public health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to initiating judicial proceedings.
25. Third-Party Contracts
a. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services.
Resources for Third Party Contracts, which are not inconsistent with this Paragraph 25, Third Party Contracts:
1) Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code) 2) State Contracting Manual (SCM), Chapter 5
3) Local Assistance Procedures Manual (LAPM)Chapter 10
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b. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s subrecipients, contractors, and subcontractors.
Copies of all agreements with subrecipients, contractors, and subcontractors must be submitted to the CALTRANS Contract Manager.
c. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. d. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted purchase order or sub-agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III–Payment and Invoicing, Paragraph 15(e)(4), above.
e. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III– Payment and Invoicing, Paragraph 15c, above.
26. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all the following:
a. 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). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all the following:
1) The dangers of drug abuse in the workplace;
2) The person's or organization's policy of maintaining a Drug-Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs; 4) Penalties that may be imposed upon employees for drug abuse violations; c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
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27. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than specified in Paragraph 26, above.
28. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data.
b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
29. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards
In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this RGA, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, subrecipients, contractors, and subcontractors, subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards
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include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, subrecipients, contractors, and subcontractors, subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless Caltrans, the State of California, and each and all their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of Caltrans, the State of California, and/or any of their officers, agents and/or employees.
30. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from Caltrans Contract Manager.
31. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by Caltrans must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success.
All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
32. Project Close Out/Final Product
a. AGENCY will provide an electronic version, preferable ADA accessible, of the Final Product(s) to the CALTRANS Contract Manager.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Product(s) to the CALTRANS Contract Manager.
33.Ownership of Proprietary Property
a. Definitions
1) Work: The work to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: All deliverables created or produced from Work under this RGA, including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this RGA and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this RGA. “Work Product” includes all deliverables, inventions, innovations, improvements, or other works of authorship AGENCY, its subrecipients, a third-party contractor or subcontractor may conceive of or develop in the course of this RGA, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection.
3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor, and/or subrecipient, and/or the AGENCY’s
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contractor, subcontractor, and/or subrecipient’s employees with one (1) or more employees of CALTRANS, during the term of this RGA and in performance of any Work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of Work issued under this RGA. b. Ownership of Work Product and Rights
1) Copyright Ownership of Work Product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the AGENCY, its employees, or by any of the AGENCY’s contractor’s, subcontractor’s, and/or subrecipient’s employees under this RGA, shall be owned by CALTRANS and AGENCY and shall be considered to be works made for hire by the AGENCY and AGENCY’s contractor, subcontractor, and/or subrecipient for CALTRANS and AGENCY. CALTRANS and AGENCY shall own all United States and international copyrights in the Work Product.
As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a “c” in a circle followed by the four-digit year in which the Work Product was produced, followed by the words “California Department of Transportation and AGENCY.
All Rights Reserved.” For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation and AGENCY. All Rights Reserved.
2) Vesting of Copyright Ownership: AGENCY, its employees, and all of AGENCY’s contractor’s, subcontractor’s, and subrecipient’s employees, agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to CALTRANS and AGENCY, its successors, and assigns, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the AGENCY’s contractor, subcontractor, and/or subrecipient from CALTRANS. From time to time, CALTRANS and the AGENCY shall require its contractors, subcontractors, and/or subrecipients and their respective employees to confirm such assignments by execution and delivery of such assignments, confirmations, or assignment, or other written instruments as CALTRANS and the AGENCY may request. CALTRANS and the AGENCY, its successors, and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product.
AGENCY shall require contractors, including subcontractors, to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work.
c. Inventions
1) Vesting of Patent Ownership: AGENCY agrees to require subrecipients, contractors, subcontractors, and their respective employees, to assign to CALTRANS and AGENCY, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent ownership rights and the right to claim all rights or priority there under, and the same shall become and remain CALTRANS’ property regardless of whether such protection is sought. The AGENCY, its employees, and AGENCY’s contractor, subcontractor, and subrecipient shall promptly make a complete written disclosure to CALTRANS of each Invention not otherwise clearly disclosed to CALTRANS in the pertinent Work Product, specifically pointing out features or concepts that the AGENCY, its employees, and/or AGENCY’s contractor, subcontractor, and/or subrecipient believes to be new or different. The AGENCY, its employees, and AGENCY’s contractor, subcontractor, and subrecipient shall, upon CALTRANS and AGENCY’s request and at CALTRANS and AGENCY’s expense, cause patent applications to be filed thereon,