CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, April 18, 2023, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.
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Pages
1. CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM
2. CALL TO ORDER
Council/Agency/Authority Members: Patricia Cortez, Hector Delgado, Victor Linares, Mayor Pro Tem/Vice Chair John C. King, and Mayor/Chair Walter Allen, III
3. ROLL CALL
4. PLEDGE OF ALLEGIANCE
Led by Councilmember Cortez
5. INVOCATION
Given by Chuck Cannizzaro
6. PRESENTATIONS
6.a. Donate Life Month Proclamation
7. 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 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.
8. 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.
9. CITY MANAGER COMMENTS
10. 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.
10.a. Minutes 9
Minutes of April 03_2023.docx
Staff Recommendation:
Approve the Minutes of the April 4, 2023, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
10.b. Payment of Demands 15
Payment of Demands 3/17/23 through 3/31/23
Attachment A - Check Register
Staff Recommendation:
Approve Payment of Demands in the amount of $1,714,066.12
10.c. City of Covina Investment Report for Month Ended March 31, 2023 23 Investment Report - Month ended 3/31/23
Investment Report - March 2023
Staff Recommendation:
Receive and File.
10.d. Purchase Agreement for Building Maintenance Division and Parks & Recreation Department – 3 Ford E-Transit Cargo Vans
39 Purchase Agreement for Building Maint
Attachment A - National Auto Fleet quotes
Staff Recommendation:
Authorize the City Manager to execute a Purchase Order with National Auto Fleet Group for the purchase of three (3) 2023 Ford E-Transit Cargo Vans in an amount not-to-exceed $188,278.14.
10.e. Resolution CC 2023-22, Authorizing the Application for the Urban and Community Forestry Grant Program Funds (Green Schoolyards Planning Grant) from the California Department of Forestry and Fire Protection (CalFire)
61 2023 0418 Cal Fire Grant Application
Attachment A - Resolution CC 2023-22
Staff Recommendation:
Staff recommends that the City Council adopt Resolution CC 2023-22.
10.f. Resolution CC 2023-26, Amending the Fiscal Year 2022-2023 Operating Budget and Approving an Appropriation of $315,000 as per a Development Agreement with PS Southern California One, Inc., and Making a Determination of Exemption from CEQA
65 2023 0418 Budget Appropriation
Attachment A - Resolution CC 2023-26
Staff Recommendation:
Adopt Resolution CC 2023-26.
10.g. Resolution CC 2023-24 Approving and Recordation of Tract No. 83343 (Century Communities) Located at 155 E. Covina Boulevard 69 Resolution Approving Recordation
Attachment C - Tract Map
Attachment B Subdivision map
Attachment A - Resolution CC 2023-24
Staff Recommendation:
Adopt Resolution CC 2023-24 approving the recordation of Tract No. 83343 (Century Communities) located at 155 E. Covina Boulevard.
10.h. Adopt Joint Tax Sharing Resolution Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Specific Property Located at 1071 E. Covina Hills Road into Los Angeles County Sanitation District No. 22
113
Staff Recommendation:
Adopt the joint tax sharing resolution, City Council Resolution CC 2023-25 approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of a specific property located at 1071 E. Covina Hills Road into Los Angeles County Sanitation District No. 22.
10.i. 2022 State Homeland Security Grant Program Subrecipient Agreement with the County of Los Angeles
119
Staff Recommendation:
1. Approve and sign the 2022 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 2022 Homeland Security Program (SHSP); and
3. Adopt Resolution CC 2023-28 to increase the Police Department's 2022-23 budget by $45,577 resulting from the 2022 Homeland Security Grant award.
10.j. City-Wide Sidewalk Repair Project – Award of Contract to FS Contractors, Inc. for an Amount Not-To-Exceed $267,770
329
Staff Recommendation:
Approve plans and specifications for the City-Wide Sidewalk Repair Project;
1. 2. Award a contract for the City-Wide Sidewalk Repair Project to FS
Contractors, Inc. as the lowest responsive and responsible bidder in an amount not-to-exceed $267,770 and authorize the City Manager to execute the contract;
Authorize a contingency amount of $10,000 for any unforeseen construction expenses.
3. Adopt Resolution CC 2023-27 appropriating $27,915 from Measure M FY2023 operating budget to the City-Wide Sidewalk Repair Project.
4. ITEM PULLED FOR FURTHER DISCUSSION
10.k. Consideration of an Update and Renewal to the Professional Services Agreement between the City of Covina and Willdan Financial Services for Special District Administration, Bond Disclosure Services, and Annexation Services
371
Staff Recommendation:
Item recommendation amended as follows:
1. Authorize the City Manager to execute a Professional Services Agreement with Willdan Financial Services for Special District Administration, Bond Disclosure Services, and Annexation Services and authorize the City Manager or his designee to execute the Agreement and related documents; and
2. Adopt Resolution CC 2023-29 to amend the FY 22-23 Community Facilities District (2007-1) budget to increase the Consulting and Legal expenditure budgets; and
3. That next year an RFP process is initiated for these services.
10.l. Professional Services Agreement with Advantage Mailing, LLC for Printing and Binding Services for the City of Covina’s Quarterly Newsletter Publication 415
Staff Recommendation:
Authorize the City Manager to execute the Professional Services Agreement with Advantage Mailing, LLC.
10.m. Consideration of Resolution CC 2023-30, Revising the Date and Time of the First Public Hearing of the Public Financing Authority of the Covina Enhanced Infrastructure Financing District
431
Staff Recommendation:
Adopt Resolution CC 2023-30 revising the date and time of the first Public Hearing of the Public Financing Authority of the Covina Enhanced Infrastructure Financing District.
10.n. Resolution CC 2023-31, A Resolution of the City Council of the City of Covina Authorizing the City to Enter into the Settlement Agreements with Teva, Allergan, CVS, Walgreens, and Walmart, Agree to the Terms of the Memorandum of Understanding Allocating S
435
Staff Recommendation:
Adopt Resolution CC 2023-31, A Resolution of the City Council of the City of Covina Authorizing the City to Enter into the Settlement Agreements with Teva, Allergan, CVS, Walgreens, Walmart, Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry Into the Memorandum of Understanding With the Attorney General and Authorize the City Manager to Take All Actions Necessary and Convenient to
Implement the Settlements.
10.o. Appropriation for Public Safety Facility Repairs and Contract Emergency Planning Services
443
Staff Recommendation:
That the City Council adopt Resolution CC 2023-32, authorizing appropriations from the City’s allotment of American Rescue Plan Act funds to complete certain public safety facility repairs and emergency services planning functions.
11. PUBLIC HEARINGS
11.a. Planned Community Development Modification 22-1 469 Staff Recommendation:
That the City Council approve Planned Community Development Modification (PCD) 22-01 and introduce Ordinance CC 23-03, entitled “An Ordinance of the City Council of the City of Covina, California, Approving Planned Community Development Modification (PCDM) 22-01 as Modified and Amending the Covina Townhomes Planned Community Development (PCD) 77-002 District Overlay Zone by Modifying Condition of Approval No. 4 and Adding Numbers 12 and 13 Under Section 3 of Ordinance No. 1374, and Making a Finding of Exemption Under the California Environmental Quality Act (CEQA) Guidelines”.
11.b. Ordinance 23-04 – An Ordinance of the City of Covina adding Chapter 5.89 to Title 5, Amending Section 5.24.100, and Repealing Section 10.32.150 of the Covina Municipal Code Regarding Regulations of Peddlers, Sidewalk Vendors and Mobile Food Facilities and
561
Staff Recommendation:
Waive full reading and introduce Ordinance 23-04 and making a determination of exemption under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), and that no further environmental review is required.
Councilmember Cortez expressed concern regarding parameters not going far enough and stated she would like to make a substitute motion.
Considerable discussion and questions followed.
Staff Recommendation:
Further discussion followed with Mayor Pro Tem King and Councilmember Delgado withdrawing their motion.
No vote was taken. This item was tabled to be placed on a future agenda.
Staff Recommendation:
Considerable discussion followed with Mayor Pro Tem King and Councilmember Delgado withdrawing their motion and presenting a new motion to continue the item off calendar and direct staff to make further refinements.
Staff Recommendation:
Considerable discussion followed with Mayor Pro Tem King and Councilmember Delgado withdrawing their motion and presenting a new motion to continue the item off calendar and direct staff to make further refinements..
11.c. Approving Covina Town Center Specific Plan (CTCSP) Amendment No. 4 and Making a Determination of Exemption Under California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(b)(3) 599
Staff Recommendation:
Adopt Resolution CC 2023-23 approving Covina Town Center Specific Plan (CTCSP) Amendment No. 4 by amending various chapters as follows: adding land use categories and establishing core downtown area prohibiting cannabis businesses in Chapter 3; clarifying residential ground floor height for Table 4-1 Building Form, and adding sign standards in Chapter 4; adding new definitions in Chapter 7; and making a determination of exemption under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), and that no further environmental review is required, Guidelines Section 15162.
11.d. Introducing Ordinance 23-02 and Making a Determination of Exemption from the California Environmental Quality Act
659
Staff Recommendation:
Waive full reading and introduce Ordinance 23-02 entitled, “An Ordinance of the City Council of the City of Covina, California, to establish regulations to implement two-unit residential developments and urban lot splits in single family zones as required by Senate Bill 9 (2021-2022), by approving Zoning Code Amendment (ZCA) 23-01 to amend Title 17 (Zoning) by modifying definition section 17.04.143, single-family residential zones sections 17.08.020 (A-1), 17.10.020 (A-2), 17.12.020 (E-½), 17.14.020 (E-1), 17.20.020 (R-1- 20,000), 17.22.020 (R-1-10,000), 17.24.020 (R-1-8,500) and 17.26.020 (R-1- 7500) for permitted uses, and adding a new section 17.33.060 for permitted uses; and approving Municipal Code Amendment to amend Title 16 (Subdivision) by modifying Chapter 16.02, 16.04, 16.14, and adding new section 16.06, and making a determination of exemption from the California Environmental Quality Act.
12. 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 May 2, 2023 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.
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
April 4, 2023, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Patricia Cortez
Hector Delgado
Victor Linares
Mayor Pro Tem/Vice-Chair John C. King
Mayor/Chair Walter Allen, III
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
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
Deputy City Clerk Fabian Velez
Interim Chief Deputy City Clerk Evelyn Leach
_____________________________________________________________________
2 1. CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM
2. CALL TO ORDER
Mayor Cortez called the meeting to order at 7:35 p.m.
3. ROLL/CALL
All members were present.
4. PLEDGE OF ALLEGIANCE
Led by Councilmember Delgado
5. INVOCATION
Given by Police Chaplain Chuck Cannizzaro
6. City Council Reorganization
6.a City Clerk to Conduct Election of Mayor
City Clerk Aleman Conducted Election of Mayor.
Mayor Pro Tem Allen was nominated as Mayor and declared elected by acclamation.
6.b Incoming Mayor to Conduct Election of Mayor Pro Tempore Mayor Allen Conducted Election of Mayor Pro Tem.
Councilmember King was nominated as Mayor Pro Tem and declared elected by acclamation.
7. PRESENTATIONS
7.a Recognition of Outgoing Mayor
Mayor Allen turned meeting over to City Manager Marcarello.
City Manager Marcarello indicated it was an honor to recognize Councilmember Cortez adding there were several individuals present to honor her.
The following representatives expressed their appreciation for all Councilmember Cortez accomplished during her term as Mayor.
Congresswoman Grace Napolitano and Carrie Lam, Senior Field Representative.
Representing Senator Susan Rubio's office, Sandra Armenta Lopez, District Representative
Representing Assemblymember Blanca Rubio's office, Wendy Saavendra, District Representative.
3 Representing Supervisor Hilda Solis' office, Ryan Serrano, Field Deputy; and Azusa Mayor Robert Gonzales
Mayor Allen discussed future projects - public safety priority and expressed appreciation to his fellow Councilmembers, staff and commissioners. He also provided comments regarding his role as Mayor and vision for the future.
8. PUBLIC COMMENTS
Congresswoman Grace Napolitano reported that a request for $5,000,000 has been submitted to appropriations for the connectivity project in Covina.
Richard Darkhorse, representing American Legion Riders Chapter 755, addressed Council indicating the chapter would like to become involved with city events.
Representing Senator Susan Rubio's office, Sandra Armenta Lopez, District Representative congratulated Mayor Allen on his new role indicating Senator Rubio is looking forward to working with him.
Mayor Allen acknowledged Mr. Roman Morales, a Korean war veteran, who turned 92 this year and thanked him for his service.
9. COUNCIL/AGENCY/AUTHORITY COMMENTS
All Councilmembers expressed their thanks for everything Councilmember Cortez accomplished during her term as Mayor.
Councilmember Cortez thanked Council and staff for their support. She added she was proud of Council accomplishments and thanked all state and local representatives for being at this meeting.
10. CITY MANAGER COMMENTS
City Manager Marcarello expressed his appreciation to Councilmember Cortez for an incredible year.
Councilmember Cortez thanked her parents and sister for their continued support.
11. CONSENT CALENDAR
A motion was made by Councilmember Linares, seconded by Councilmember Delgado, to approve Consent Calendar items 11.a through 11.h
11.a Minutes
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
Approve the Minutes of the March 21, 2023, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Approved
4 11.b Payment of Demands
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
Approve Payment of Demands in the amount of $4,160,744.88.
Approved
11.c City Facility Renovation Project –– Award of Contract for Covina Park Walkway and Parking Lot Repaving Project to WS Paving, Inc. for an Amount of $60,710
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
1. Award a contract for the City Facility Renovation Project - Covina Park Walkway and Parking Lot Repaving Project to WS Paving, Inc. as the responsible bidder in the amount of $60,710 and authorize the City Manager to execute all contract documents; and
2. Establish a contingency amount of $5,000 for additional services, if needed.
Approved
11.d City Facility Renovation Project –– Award of Contract for City Hall Windows and Doors Painting Project to Painting and Décor, Inc. for an Amount Not-to-Exceed $29,700
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
1. Award a contract for the City Facility Renovation Project – City Hall Windows and Doors Painting Project to Painting and Décor, Inc. as the responsible bidder in the amount of $29,700.00 and authorize the City Manager to execute all contract documents; and
2. Establish a contingency allowance of $5,000 for additional services, if needed.
Approved
11.e Covina Heritage House Repair Project –– Award of Contract for Covina Heritage House Repair Project to West Coast Design and Renovations, LLC in the amount of $75,000
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
Award a contract for the Covina Heritage House Repair Project to West Coast Design and Renovations, LLC as the responsible bidder in an amount of $75,000 and authorize the City Manager to execute all contract documents.
Approved
5 11.f First Amendment to the Professional Services Agreement between the City of Covina and Eagle Signs for Interior Signage for 100-104 N. Citrus Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
Approve the first amendment to the Professional Services Agreement between the City of Covina and Eagle Signs and authorize the City Manager of his designee to execute the amendment on behalf of the City of Covina.
Approved
11.g Amend Finance Advisory Commission Regular / Special Meeting Bylaws Calendar & Procedures
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
Adopt Resolution CC 2023-21 amending the Bylaws of the FAC to reflect a new fixed Regular Meeting Schedule and to allow more flexibility for City Staff to request Special Meetings.
Approved
11.h Restaurant Lease Agreement – 114 E. Italia Street
Motion made by: Councilmember Linares
Seconded by: Councilmember Delgado
That the City Council approve a lease agreement with The Mena Company for the operation of a restaurant at 114 E. Italia Street and authorize the City Manager to execute the agreement.
Approved
12. ADJOURNMENT
At 8:30 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned, in memory of Commissioner Kay Manning, to its next regular meeting of the Council/Agency/Authority scheduled for April 18, 2023 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.
_________________________
Fabian Velez, Deputy City Clerk
_________________________
Walter Allen, III, Mayor/Chair
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
Item #10.b.
Meeting: April 18, 2023
Title: Payment of Demands
Presented by: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $1,714,066.12 EXECUTIVE SUMMARY/BACKGROUND:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants March 17, 2023 – March 30, 2023 CITY checks/EFTs $ 869,312.61
CITY payroll $ 818,027.98
CITY voids $ -
Worker’s Comp $ 21,793.93
$ 1,709,134.52
SACRA checks/EFTs $ 104.27
SACRA payroll $ 4,827.33
$ 4,931.60
TOTAL checks/EFTs $ 1,714,066.12
DISCUSSION:
The attached reports have been reviewed by the Administrative Services Director.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 22/23 Budget.
Respectfully submitted,
CITY OF COVINA
Check Register
Mar 17, 2023 - Mar 30, 2023
Check # Check Date Vendor Name Amount
5880 03/02/2023 283 BANK OF THE WEST 20,673.61
5881 03/30/2023 4003 MidAmerica 1,821.47
20661 03/30/2023 788 COVINA, CITY OF 45,402.60
20662 03/30/2023 487 CalPERS 1,134.46
subtotal EFT/wires/direct deposits $ 69,032.14
115275 03/22/2023 2589 SCPPOA 60.00
115284 03/22/2023 2954 URBAN GRAFFITI ENTERPRISES INC 18,035.00 115293 03/22/2023 3988 LANDSCAPE WAREHOUSE III 2,435.83 115300 03/22/2023 4455 FRONTIER 1,061.57
115301 03/22/2023 4582 USABLUEBOOK 1,103.00
115320 03/22/2023 5233 RODENT PEST TECHNOLOGIES 125.00
115327 03/22/2023 99999 ANDREW SANCHEZ 45.00
115329 03/22/2023 99999 HOLDINGS EAN 49.00
115330 03/22/2023 99999 IDA ANTONIO 200.00
115336 03/22/2023 99999 KELSEY PORTALES 45.00
115337 03/22/2023 99999 LUNA ESTRADA 45.00
115338 03/22/2023 99999 M3 MECHANICAL 45.00
115339 03/22/2023 99999 MIGUEL SUMANO 45.00
115340 03/22/2023 99999 NIKKI MOORE 101.00
115342 03/22/2023 99999 SANDIE LAMERE 45.00
115343 03/22/2023 99999 VASQUEZ BRICENO 75.00
115344 03/22/2023 99999 YUNFEI XU 45.00
115345 03/30/2023 32 ACE-1 AUTO SERVICE 534.48
115346 03/30/2023 113 ALL CITY MANAGEMENT SVC 15,641.01 115347 03/30/2023 128 ALLIANT INSURANCE SERVICES INC 977.00 115348 03/30/2023 219 AT&T 462.11
115349 03/30/2023 255 AZUSA PLUMBING & HEATNG SUPPLY 3,126.28 115350 03/30/2023 328 BENLO CO 25.25
115351 03/30/2023 381 BOOMERANG BLUEPRINT 143.27
115352 03/30/2023 536 CARQUEST AUTO PARTS 15.24
115353 03/30/2023 600 CERTIFIED UNDERCAR PARTS 55.83
115354 03/30/2023 649 CINTAS CORP #693 993.60
115355 03/30/2023 703 UNIQUE PRINTING 1,450.89
115356 03/30/2023 706 COMMERCIAL DOOR CO INC 10,265.82
115357 03/30/2023 730 CIC 14.00
115358 03/30/2023 749 THE COUNSELING TEAM 860.00
115359 03/30/2023 970 EDISON CO 27,100.49
115360 03/30/2023 1156 THE GAS COMPANY 284.38
115361 03/30/2023 1198 GLOBALSTAR LLC 101.68
115362 03/30/2023 1215 GONZALES, RICHARD 655.20
115363 03/30/2023 1235 GRAINGER 3,312.39
115364 03/30/2023 1275 HAAKER EQUIPMENT CO 17.37
115365 03/30/2023 1361 HOLLIDAY ROCK CO INC 691.22
115366 03/30/2023 1571 KING BOLT CO 56.45
115367 03/30/2023 1612 LA CNTY DEPT OF PUBLIC WORKS 2,820.86 115368 03/30/2023 1619 LA CNTY SHERIFF'S DEPT 592.26
115369 03/30/2023 1680 LEAGUE OF CALIF CITIES 19,549.00 115370 03/30/2023 1724 LITTLEJOHN-RUELAND CORP 2,435.36 115371 03/30/2023 1924 MILLERS & ISHAMS 263.36
115372 03/30/2023 1933 MISSION LINEN SUPPLY 43.56
115373 03/30/2023 2091 O REILLY AUTO PARTS 275.69
115374 03/30/2023 2345 QUILL 319.47
Attachment A Page 1 of 5
CITY OF COVINA
Check Register
Mar 17, 2023 - Mar 30, 2023
Check # Check Date Vendor Name Amount
115375 03/30/2023 2415 REPUBLIC MASTER CHEFS 1,039.97
115376 03/30/2023 2804 TAG AMS INC 170.00
115377 03/30/2023 2818 TAVANNA 109.20
115378 03/30/2023 2846 THOMAS, TERRI 1,302.70
115379 03/30/2023 2855 CHARTER COMMUNICATION 39.98
115380 03/30/2023 2903 TRI-XECUTEX CORP 180.00
115381 03/30/2023 3001 VERIZON WIRELESS 279.12
115382 03/30/2023 3004 VICTORY EXTERMINATING INC 75.00
115383 03/30/2023 3023 VULCAN MATERIALS COMPANY 1,436.85 115384 03/30/2023 3052 WATERLINE TECHNOLOGIES INC 2,888.31 115385 03/30/2023 3070 WEST COAST ARBORISTS INC 33,876.00 115386 03/30/2023 3078 THOMSON REUTERS - WEST 431.58
115387 03/30/2023 3080 WESTERN EMULSIONS INC 544.00
115388 03/30/2023 3082 WESTERN WATER WORKS SUPPLY 2,928.89 115389 03/30/2023 3102 WILLDAN FINANCIAL SERVICES 6,100.00 115390 03/30/2023 3187 WAGONER, PAMELA 864.50
115391 03/30/2023 3190 LAYNE, JONATHAN DANIEL 422.10
115392 03/30/2023 3235 COOK, SHAWNA 1,089.20
115393 03/30/2023 3274 WILLDAN ENGINEERING 3,807.50
115394 03/30/2023 3718 NADENE VALDEZ 207.90
115395 03/30/2023 3771 BLACK & WHITE EMERGENCY VEHICLES 720.15 115396 03/30/2023 3775 WILLIAM SHUTTIC 274.40
115397 03/30/2023 3796 RICHARDS, WATSON & GERSHON 24,484.06 115398 03/30/2023 3823 JEEPERS CREEPERS EXTERMINATING 234.00 115399 03/30/2023 3901 GEM AUTO REPAIR 667.27
115400 03/30/2023 3932 ARLENE D. MAR 273.00
115401 03/30/2023 3982 CAROL A CUGNO 432.60
115402 03/30/2023 4065 VERIZON BUSINESS SERVICES 832.91 115403 03/30/2023 4089 MEASOM, DEVIN THOMAS 1,031.80
115404 03/30/2023 4123 RUDY CARDENAS 175.00
115405 03/30/2023 4247 UNITED WATER WORKS INC 5,120.70
115406 03/30/2023 4379 789, Inc. 4,958.33
115407 03/30/2023 4455 FRONTIER 186.00
115408 03/30/2023 4483 DALE A. GARRISON 245.00
115409 03/30/2023 4643 Bear Electrical Solutions, Inc. 17,876.00 115410 03/30/2023 4676 Hill Brothers Chemical Company 1,372.61 115411 03/30/2023 4688 PCAM, LLC 38,571.53
115412 03/30/2023 4694 Leslie's Poolmart Inc 1,916.99
115413 03/30/2023 4704 S & J Supply Company, Inc. 2,333.23 115414 03/30/2023 4712 C. Wells Pipeline Materials, Inc. 512.66 115415 03/30/2023 4761 Alan Bruni 300.00
115416 03/30/2023 4766 HASA, INC. 1,556.40
115417 03/30/2023 4804 Vihulu L. Villagran 226.80
115418 03/30/2023 4817 Weck Analytical Environmental Services, Inc. 732.00 115419 03/30/2023 4824 Occu-Med, Ltd. 1,329.00
115420 03/30/2023 4829 Alicia A. Flores 286.30
115421 03/30/2023 4863 La Verne Power Equipment 487.21
115422 03/30/2023 4925 Humane Society of Pomona Valley, Inc. 24,587.50 115423 03/30/2023 4931 Antonio Castro Jr 1,155.00
115424 03/30/2023 4979 GRBCON, Inc. 36,385.00
115425 03/30/2023 4983 Ad Valorem Records,Inc. 224.00
115426 03/30/2023 5075 Amalia Q. Seresinghe 666.40
Attachment A Page 2 of 5
CITY OF COVINA
Check Register
Mar 17, 2023 - Mar 30, 2023
Check # Check Date Vendor Name Amount
115427 03/30/2023 5109 SITEREP CONSTRUCTION SERVICES, INC. 14,000.00 115428 03/30/2023 5112 Procure America, Inc 2,262.97
115429 03/30/2023 5169 Occupational Health Centers of California 294.00 115430 03/30/2023 5228 ODP BUSINESS SOLUTIONS, LLC 786.64 115431 03/30/2023 5233 RODENT PEST TECHNOLOGIES 120.00
115432 03/30/2023 5245 THERESA FLORES-FRANKE 60.00
115433 03/30/2023 5283 Y TIRE PERFORMANCE 2,104.77
115434 03/30/2023 5291 AMAZON CAPITAL SERVICES, INC 57.21 115435 03/30/2023 5305 EVARI GIS CONSULT 5,000.00
115436 03/30/2023 5320 BROTHERS CODY LLC 2,235.38
115437 03/30/2023 5340 AMERICAN TRAFFIC SOLUTIONS 10,895.00 115438 03/30/2023 5341 U.S. LEGAL SUPPORT INC 1,207.50
115439 03/30/2023 5341 U.S. LEGAL SUPPORT INC 1,134.50
115440 03/30/2023 5341 U.S. LEGAL SUPPORT INC 1,269.40
115441 03/30/2023 5341 U.S. LEGAL SUPPORT INC 1,864.28
115442 03/30/2023 5342 EAGLE SIGNS INC 31,691.96
115443 03/30/2023 5344 CARPET MARKET 5,026.70
115444 03/30/2023 5345 CENTRAL SEATING INC 6,387.43
115445 03/30/2023 5346 TRIPEPI SMITH & ASSOCIATES INC 6,312.50 115446 03/30/2023 5347 NRG HEATING AND AIR CONDITIONING PARENT LLC 7,495.00 115447 03/30/2023 5351 TACOHOLICS ANONYMOUS 808.12
115448 03/30/2023 5352 D&P ENTERPRISES INC 8,526.37
115449 03/30/2023 99999 ALEJANDRO PEREZ 45.00
115450 03/30/2023 99999 AYLIN GOMEZ 101.00
115451 03/30/2023 99999 CARMEN SALAZAR 45.00
115452 03/30/2023 99999 DANIEL GRANADOS 80.00
115453 03/30/2023 99999 EAN HOLDINGS 45.00
115454 03/30/2023 99999 EAN HOLDINGS 45.00
115455 03/30/2023 99999 FRANCISCO ORTEGA 45.00
115456 03/30/2023 99999 FRANCISCO VILLARRUEL 42.91
115457 03/30/2023 99999 GRBCON, INC 337.32
115458 03/30/2023 99999 ISREAL AVILA 2,250.00
115459 03/30/2023 99999 JESUS MARISCAL 500.00
115460 03/30/2023 99999 JOSE BAUTISTA 45.00
115461 03/30/2023 99999 LARRY RUMMENS 45.00
115462 03/30/2023 99999 MAI-AN PHAM 4,000.00
115463 03/30/2023 99999 MARIBEL ZEPEDA 105.00
115464 03/30/2023 99999 NORA DELHOYO 30.00
115465 03/30/2023 99999 PAMELA GRAY 45.00
115466 03/30/2023 99999 SAMANTHA BYRD 166.95
115467 03/30/2023 99999 SILVERIO RIVAS JR. 45.00
115468 03/30/2023 99999 STANLEY SPOONER 45.00
115469 03/30/2023 99999 TAYLOR TANAKA 45.00
115470 03/30/2023 99999 TONY REGALADO 45.00
115471 03/30/2023 99999 TU LE 45.00
115472 03/30/2023 99999 URICH TONY 45.00
115473 03/30/2023 99999 VINCENT DOMINGUEZ 45.00
115474 03/30/2023 99999 WENTING CHEN 110.00
115475 03/30/2023 878 DELTA DENTAL OF CALIFORNIA 183.03 115476 03/30/2023 4255 RELIASTAR LIFE INSURANCE COMPANY 10.40 115477 03/30/2023 4710 Fidelity Security Life Insurance Company 12.93 115242 03/22/2023 221 AT&T MOBILITY 3.24
Attachment A Page 3 of 5
CITY OF COVINA
Check Register
Mar 17, 2023 - Mar 30, 2023
Check # Check Date Vendor Name Amount
115333 03/22/2023 99999 JMP AUTO SALES 4.00
115270 03/22/2023 2104 OFFICE DEPOT 12.67
115265 03/22/2023 1646 LANGUAGE LINE SERVICES INC 25.38 115245 03/22/2023 536 CARQUEST AUTO PARTS 30.35
115278 03/22/2023 2719 SPARKLETTS 41.96
115331 03/22/2023 99999 ISABEL REYNA 45.00
115334 03/22/2023 99999 JORGE ORTIZ 45.00
115335 03/22/2023 99999 JORGE ORTIZ 45.00
115268 03/22/2023 2027 NAPA AUTO PARTS 50.14
115332 03/22/2023 99999 JAIME SHIELDS 65.00
115256 03/22/2023 1204 GOLDEN STATE WATER COMPANY 71.95 115241 03/22/2023 219 AT&T 72.98
115286 03/22/2023 3004 VICTORY EXTERMINATING INC 75.00
115281 03/22/2023 2903 TRI-XECUTEX CORP 90.00
115328 03/22/2023 99999 CARMEN PUGA 90.49
115341 03/22/2023 99999 SAMUEL MANZO 101.00
115257 03/22/2023 1241 GRAND PRINTING 108.05
115305 03/22/2023 4764 UniFirst Corporation 111.13
115264 03/22/2023 1615 REGIONAL TAP SERVICE CENTER 120.00 115252 03/22/2023 783 CITY OF COVINA WATER 122.76
115247 03/22/2023 654 CITRUS CAR WASH 129.96
115251 03/22/2023 749 THE COUNSELING TEAM 150.00
115246 03/22/2023 600 CERTIFIED UNDERCAR PARTS 167.52
115313 03/22/2023 5081 Veolia ES Technical Solutions, LLC 198.77 115311 03/22/2023 4960 Data Ticket, Inc. 201.50
115283 03/22/2023 2935 UNDERGROUND SERVICE ALERT 204.17 115269 03/22/2023 2091 O REILLY AUTO PARTS 244.53
115317 03/22/2023 5138 Ricoh USA, Inc. 299.63
115243 03/22/2023 254 AZUSA LIGHT & WATER 341.01
115312 03/22/2023 5000 Advanced Applied Engineering, Inc. 377.50 115272 03/22/2023 2407 REGIONAL TAP SERVICE CENTER 378.30 115273 03/22/2023 2415 REPUBLIC MASTER CHEFS 415.05
115253 03/22/2023 796 CPRS DISTRICT 13 425.00
115297 03/22/2023 4350 RKA Consulting Group 445.00
115323 03/22/2023 5291 AMAZON CAPITAL SERVICES, INC 457.26 115318 03/22/2023 5169 Occupational Health Centers of California 463.00 115308 03/22/2023 4863 La Verne Power Equipment 481.43
115294 03/22/2023 4209 ADLERHORST INTERNATIONAL 484.00
115295 03/22/2023 4247 UNITED WATER WORKS INC 498.23
115290 03/22/2023 3621 WAXIE ENTERPRISES INC 545.19
115322 03/22/2023 5283 Y TIRE PERFORMANCE 579.74
115280 03/22/2023 2855 CHARTER COMMUNICATION 618.84
115258 03/22/2023 1275 HAAKER EQUIPMENT CO 629.51
115274 03/22/2023 2487 RSG, Inc. 663.75
115271 03/22/2023 2329 PUENTE READY MIX INC 680.79
115315 03/22/2023 5112 Procure America, Inc 739.11
115288 03/22/2023 3134 XEROX CORPORATION 745.29
115239 03/22/2023 84 AIRGAS-WEST 795.96
115319 03/22/2023 5199 HOLIDAYGOO, INC 857.75
115266 03/22/2023 1754 LOWE'S COMPANIES INC 882.01
115306 03/22/2023 4764 UniFirst Corporation 977.68
115250 03/22/2023 703 UNIQUE PRINTING 1,018.71
Attachment A Page 4 of 5
CITY OF COVINA
Check Register
Mar 17, 2023 - Mar 30, 2023
Check # Check Date Vendor Name Amount
115260 03/22/2023 1361 HOLLIDAY ROCK CO INC 1,048.47
115255 03/22/2023 1156 THE GAS COMPANY 1,076.05
115304 03/22/2023 4713 Fisher Integrated, Inc. 1,200.00 115321 03/22/2023 5269 CONTROL AIR HOLDINGS INC 1,300.00 115285 03/22/2023 3001 VERIZON WIRELESS 1,510.65
115263 03/22/2023 1429 INLAND EMPIRE STAGES 1,597.12
115259 03/22/2023 1276 HACH CO 1,698.40
115324 03/22/2023 5320 BROTHERS CODY LLC 1,704.68
115309 03/22/2023 4885 ELIE FARAH 1,755.00
115277 03/22/2023 2689 SNAP ON TOOLS 1,809.63
115276 03/22/2023 2619 SGV EXAMINER 1,831.50
115292 03/22/2023 3901 GEM AUTO REPAIR 1,857.25
115248 03/22/2023 692 CODE PUBLISHING COMPANY 2,098.50
115262 03/22/2023 1387 HUNTER, JOHN L. 2,717.50
115302 03/22/2023 4643 Bear Electrical Solutions, Inc. 2,945.00 115244 03/22/2023 255 AZUSA PLUMBING & HEATNG SUPPLY 3,036.82 115287 03/22/2023 3070 WEST COAST ARBORISTS INC 3,108.00 115240 03/22/2023 217 ASTRA INDUSTRIAL SERVICES 3,118.91 115249 03/22/2023 700 COLLEY FORD 3,351.51
115298 03/22/2023 4360 MOORE IACOFANO GOLTSMAN, INC. 3,598.75 115316 03/22/2023 5137 MasterCorp Commercial Services LLC 4,286.72 115314 03/22/2023 5108 DocuSign, Inc. 4,450.25
115325 03/22/2023 5326 AMERICAN AED LLC 5,021.00
115279 03/22/2023 2852 THREE VALLEY MUN WATER DISTR 5,080.01 115296 03/22/2023 4292 DUDEK 5,201.25
115267 03/22/2023 1792 MANNING & MARDER KASS, 5,807.50
115289 03/22/2023 3163 GENTRY BROTHERS INC 5,976.05
115237 03/22/2023 19 AARDVARK 5,983.89
115299 03/22/2023 4374 ADMINSURE, INC 6,887.30
115326 03/22/2023 5339 DOLLAMUR LP 7,394.94
115291 03/22/2023 3796 RICHARDS, WATSON & GERSHON 10,013.40 115238 03/22/2023 58 ADVANTAGE 11,945.59
115261 03/22/2023 1364 HOME DEPOT CREDIT SERVICES 18,838.39 115254 03/22/2023 970 EDISON CO 22,078.81
115310 03/22/2023 4947 Cameron Saylor 22,227.47
115307 03/22/2023 4854 CEJ Engineers, Inc. 35,480.00
115282 03/22/2023 2926 TYLER TECHNOLOGIES INC. 48,377.65 115303 03/22/2023 4712 C. Wells Pipeline Materials, Inc. 52,808.65 subtotal checks $ 800,384.74
$ -
voids $ -
payroll (03/30/23) $ 822,855.31
workers' compensation $ 21,793.93
TOTAL checks/EFTs $ 1,714,066.12
Attachment A Page 5 of 5
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.c.
Meeting: April 18, 2023
Title: City of Covina Investment Report for Month Ended March 31, 2023 Presented by: Anita Agramonte, Administrative Services Director Recommendation: Receive and File.
EXECUTIVE SUMMARY:
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 and monies of the City.
DISCUSSION:
The attached report for the City and Successor Agency reflects the portfolio balances for the month ended March 31, 2023. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. 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.
Respectfully submitted,
CASH BALANCE 2/28/2023 $85,363,221.87
RECEIPTS 3/1/23-3/31/23 23,095,461.02
DISBURSEMENTS 3/1/23-3/31/23 (25,073,516.79)
CASH BALANCE 3/31/2023 $83,385,166.10
ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 41,967,609.09
LOCAL AGENCY INVESTMENT FUND Attachment A-6 38,131,850.19 TOTAL PUBLIC INVESTMENTS $80,099,459.28
CHECKING AND PETTY CASH BALANCES 3,285,706.82
CASH AND INVESTMENT BALANCE 3/31/2023 $83,385,166.10
CASH HELD BY BOND TRUSTEES 1,875,760.57
TOTAL CASH AND INVESTMENT BALANCE 3/31/2023 $85,260,926.67
CITY O F CO VINA INVESTMENT REPO RT
FO R THE MO NTH ENDED MARCH 31, 2023
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the pooled expenditures of all City’s funds for the next 6 months.
Attachment A - CITY
BOOK ACQUISITIONMATURITY MARKET
TYPE OF INVESTMENT ISSUER VALUE $ DATE DATE VALUE $
City of Covina:
Drawer & Petty Cash N/A 7,935.49 N/A N/A 7,935.49
General - Checking Account Bank of the West $1,830,546.83 N/A Demand 1,830,546.83 Public Agency Saving - Parking Fines Bank of the West 19,388.76 N/A Demand 19,388.76 Utility Billing Account Bank of the West $28,265.17 N/A Demand 28,265.17Workers' Compensation - Checking Account Bank of the West 88,709.97 N/A Demand 88,709.97Payroll - Checking Account Bank of the West $260,958.78 N/A Demand 260,958.78Money Market Bank of the West $1,026,500.15 N/A Demand 1,026,500.15 AFLAC Flexible Spending Account Bank of the West 23,401.67 N/A Demand 23,401.67 STIFEL Investment Portfolio Various 41,967,609.09 Various Various 41,119,979.67Local Agency Investment Fund State of California 38,131,850.19 N/A Demand 38,131,850.19 Subtotal (A) $83,385,166.10 $82,537,536.68
Cash Held Under 3rd Party Administrator:
TRIP 2017A Covina Wilmington Trust 66.95 N/A Demand $66.95 LA County Loan Agreement U.S. Bank 1,875,063.65 N/A Demand $ 1,875,063.65 2021 Taxable Pension Obligation Bonds U.S. Bank 629.71 N/A Demand $629.71 2019 Wastewater Refunding Bonds U.S. Bank 0.26 N/A Demand $0.26 Subtotal (B) 1, 1,875,760.57 875,760.57
TOTAL (A+B) $85,260,926.67 $84,413,297.25
The purpose of this schedule is to show the total cash and investments held by the City of Covina by account.
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED MARCH 31, 2023
CASH BALANCE 2/28/2023 $537,015.67
RECEIPTS 3/1/23-3/31/23 0.00
DISBURSEMENTS 3/1/23-3/31/23 0.00
CASH BALANCE 3/31/2023 $537,015.67
ANALYSIS OF CASH AND INVESTMENT BALANCE
CHECKING ACCOUNT 2,612.64
LOCAL AGENCY INVESTMENT FUND Attachment A-7 534,403.03
AVAILABLE CASH BALANCES $537,015.67
CASH AND INVESTMENTS HELD BY BOND TRUSTEES 3,094,238.16 TOTAL CASH & INVESTMENT BALANCE 3/31/2023 $3,631,253.83
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT FOR THE MONTH ENDED MARCH 31, 2023
The purpose of this report is to provide readers with the overall cash position of the Successor Agency to the Covina Redevelopment Agency (Agency). There is sufficient investment liquidity to meet the pooled expenditures of all Agency's funds for the next 6 months.
ATTACHMENT A-AGENCY
BANK ACQUISITION MARKET
TYPE OF INVESTMENT ISSUER VALUE $ DATE DATE VALUE $
Successor Agency to the Covina Redevelopment Agency:Checking Account Bank of the West 2,612.64 N/A Demand 2,612.64Local Agency Investment Fund State of California 534,403.03 Demand 534,403.03 Subtotal (A) $537,015.67 $537,015.67
Cash Held Under 3rd Party Administrator:(1) 2013 Series A Tax Allocation Bonds U.S. Bank* 2,622,536.98 N/A Demand 2,622,536.98 Fiscal Agent: U.S. Bank(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 51,258.28 N/A Demand 51,258.28 Fiscal Agent: U.S. Bank(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 420,442.90 N/A Demand 420,442.90 Fiscal Agent: U.S. Bank Subtotal (B) $3,094,238.16 $3,094,238.16
TOTAL (A+B) $3,631,253.83 $3,631,253.83
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account. * Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED MARCH 31, 2023
Issuer
Purchase
Date
Market Price
Per Share Qty
Total Original Cost
Value Total Market Value Coupon CUSIP Maturity Trustee
Federal Agency Securities
FHLMC 04/21/20 99.779000 610,000 608,475.00 608,651.90 0.3750 3137EAEQ8 4/20/2023 Stifel (from U.S. Bank) FHLMC 05/07/20 99.636000 610,000 609,743.80 607,779.60 0.3750 3137EAER6 5/5/2023 Stifel (from U.S. Bank) FEDL Home Loan Bank Bond 02/02/22 96.076000 1,000,000 1,030,580.46 960,760.00 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 04/07/22 96.978000 1,000,000 1,010,091.63 969,780.00 3.0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 06/30/22 98.301000 1,000,000 1,001,573.65 983,010.00 3.1250 3130ASHK8 6/14/2024 Stifel FEDL Home Loan Bank Bond 06/30/22 94.514000 1,000,000 952,708.25 945,140.00 1.0000 3130AQF40 12/20/2024 Stifel FEDL Home Loan Bank Bond 10/12/22 99.520000 1,000,000 1,000,000.00 995,200.00 5.4100 3130ATN94 10/18/2027 Stifel FEDL Home Loan Bank Bond 10/12/22 99.622000 1,080,000 1,079,730.00 1,075,917.60 5.5000 3130ATMD6 10/27/2027 Stifel FEDL Home Loan Bank Bond 01/09/23 99.789000 2,000,000 2,000,000.00 1,995,780.00 5.0000 3130AUGG3 1/24/2025 Stifel FEDL Home Loan Bank Bond 02/06/23 99.503000 1,000,000 1,000,000.00 995,030.00 5.5000 3130AUTV6 2/24/2028 Stifel FEDL Home Loan Bank Bond 02/07/23 99.849000 1,000,000 1,000,000.00 998,490.00 5.0000 3130AUUN2 2/14/2025 Stifel FEDL Home Loan Bank Bond 02/13/23 100.020000 1,000,000 1,000,000.00 1,000,200.00 5.6000 3130AUXK5 3/9/2026 Stifel FEDL Home Loan Bank Bond 02/21/23 99.757000 1,000,000 1,000,000.00 997,570.00 5.3500 3130AV3C4 3/7/2025 Stifel FEDL Home Loan Bank Bond 02/22/23 100.872000 1,000,000 1,000,000.00 1,008,720.00 5.3000 3130AV4C3 3/9/2028 Stifel FEDL Home Loan Bank Bond 02/23/23 100.618000 1,000,000 1,000,000.00 1,006,180.00 5.3000 3130AV4Y5 3/13/2028 Stifel FEDL Home Loan Bank Bond 03/01/23 100.063000 1,000,000 1,000,000.00 1,000,630.00 6.0000 3130AVAD4 3/27/2026 Stifel FEDL Home Loan Bank Bond 03/20/23 99.959000 1,000,000 1,000,000.00 999,590.00 6.0000 3130AVF72 3/27/2026 Stifel *Unsettled Purchases (999,590.00) (1,000,000.00)
Total Federal Home Loan 16,292,902.79 17,300,000 16,148,839.10 Federal Farm Credit BKs 06/09/20 99.176000 600,000 598,044.00 595,056.00 0.3000 3133ELG81 6/8/2023 Stifel (from U.S. Bank) FEDL Farm Credit Bank Bond 02/02/22 96.945000 2,000,000 1,990,871.52 1,938,900.00 0.9000 3133ENLF5 1/18/2024 Stifel FEDL Farm Credit Bank Bond 02/02/22 94.689000 1,000,000 998,647.01 946,890.00 1.3200 3133ENLU2 1/21/2025 Stifel FEDL Farm Credit Bank Bond 02/02/22 91.511000 1,000,000 996,151.59 915,110.00 1.5000 3133ENKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 97.161000 1,000,000 1,016,258.22 971,610.00 3.1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 01/10/23 99.285000 1,000,000 1,000,000.00 992,850.00 5.1400 3133EN6C9 1/18/2028 Stifel FEDL Farm Credit Bank Bond 02/21/23 99.844000 1,000,000 1,000,000.00 998,440.00 5.8300 3133EPBUB 4/24/2027 Stifel Total Federal Farm Credit 7,599,972.34 7,600,000 7,358,856.00 FEDL Agric MTG CorpMedium Term Note 06/30/22 90.387000 1,000,000 915,357.70 903,870.00 0.9400 31422XGQ9 10/26/2026 Stifel FEDL Agric MTG CorpMedium Term Note 10/12/22 99.416000 1,000,000 1,000,000.00 994,160.00 5.1000 3134GX4R2 10/28/2025 Stifel FEDL AGRIC MTG CorpMedium Term Note 03/06/23 100.496000 1,000,000 1,000,000.00 1,004,960.00 5.9000 31422XY30 3/8/2028 Stifel Total Agricultural Mortgage 2,915,357.70 3,000,000 2,902,990.00 Certificate of Deposits
State Bank of India -
New York NY CD 02/01/22 88.983000 245,000 245,000.00 218,008.35 1.7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN -
Tysons Corner VA 02/02/22 88.655000 245,000 245,000.00 217,204.75 1.7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 90.461000 245,000 245,000.00 221,629.45 2.2000 795451BH5 2/23/2027 Stifel American Express Natl BK -
Salt Lake City UT CD 03/01/22 94.187000 245,000 245,000.00 230,758.15 1.8000 02589ABP6 3/10/2025 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 89.856000 245,000 245,000.00 220,147.20 2.0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 89.856000 245,000 245,000.00 220,147.20 2.0500 07371AZQ9 3/3/2027 Stifel BMW Bank North America -
Salt Lake City UT CD 03/01/22 94.230000 245,000 245,000.00 230,863.50 1.8000 05580AK37 3/4/2025 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 89.756000 245,000 245,000.00 219,902.20 2.0500 58404DNG2 3/8/2027 Stifel Live Oak Bkg Co -
Wilmington NC CD 03/03/22 94.433000 249,000 248,751.00 235,138.17 1.8500 538036HW7 2/14/2025 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 91.980000 245,000 245,000.00 225,351.00 2.7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 91.976000 245,000 245,000.00 225,341.20 2.7000 87165FK45 4/14/2027 Stifel Ally Bank -
Midvale UT CD 04/27/22 94.168000 245,000 245,000.00 230,711.60 2.8500 02007GQQ9 5/5/2026 Stifel Capital One NA -
Mclean VA CD 04/27/22 93.172000 245,000 245,000.00 228,271.40 3.0500 14042RRA1 5/4/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 93.147000 245,000 245,000.00 228,210.15 3.0500 38149M6Y4 5/11/2027 Stifel
CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
March 2023
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 29 of 710 stment Reports\22-23\March 2023\March 2023 Investment Report Attachment A-2 Issuer
Purchase
Date
Market Price
Per Share Qty
Total Original Cost
Value Total Market Value Coupon CUSIP Maturity Trustee
CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
March 2023
Toyota Finl Svgs BankHenderson NV CD 05/09/22 93.681000 245,000 245,000.00 229,518.45 3.2000 89235MNH0 5/17/2027 Stifel First Natl Bank of Amer- East
Lansing MI CE 05/16/22 95.228000 245,000 245,000.00 233,308.60 3.0000 32110YXE0 11/28/2025 Stifel Morgan Stanley Bank NA- Salt
Lake City UT CD 05/16/22 93.859000 245,000 245,000.00 229,954.55 3.2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 93.859000 245,000 245,000.00 229,954.55 3.2500 61768EJR5 5/19/2027 Stifel Discover BankGreenwood DE CD 05/20/22 93.658000 245,000 245,000.00 229,462.10 3.2000 254673E36 5/24/2027 Stifel Barclays Bank DEWilmington DE CD 05/24/22 96.140000 245,000 245,000.00 235,543.00 3.0500 06740KQS9 6/2/2025 Stifel Isreal Discount BK of NYNew York NY CD 05/24/22 97.508000 245,000 245,000.00 238,894.60 2.8500 465076TQ0 5/28/2024 Stifel Bank Hapoalim BMNew York NY CD 06/23/22 98.417000 245,000 245,000.00 241,121.65 3.0000 06251A4G2 12/29/2023 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 96.357000 245,000 245,000.00 236,074.65 3.2000 05600XGK0 6/24/2025 Stifel Oceanfirst Bank NAToms River NJ CD 06/23/22 97.809000 245,000 245,000.00 239,632.05 3.2500 67523TBE2 7/1/2024 Stifel Pinnacle Bank -
Nashville TN CD 06/23/22 97.569000 245,000 245,000.00 239,044.05 3.0500 72345SLE9 6/28/2024 Stifel Synovus BankColumbus GA CD 06/23/22 97.500000 245,000 245,000.00 238,875.00 3.2000 87164DTM2 8/30/2024 Stifel RBS Citizens NAProvidence RI CD 06/27/22 99.435000 245,000 245,000.00 243,615.75 2.8500 75524KNZ3 6/29/2023 Stifel UBS Bank USASalt Lake City UT CD 06/27/22 97.736000 245,000 245,000.00 239,453.20 3.2000 90348J4B3 7/1/2024 Stifel American First CR UNBrea CA SHS CTF 06/30/22 96.355000 245,000 245,000.00 236,069.75 3.2500 02616ABJ7 7/15/2025 Stifel First Technology FCUMountain View CA SHS CTF 06/30/22 98.124000 245,000 245,000.00 240,403.80 3.2500 33715LEA4 4/15/2024 Stifel Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 106.571000 1,000,000 1,092,087.60 1,065,710.00 6.7500 880591CJ9 11/1/2025 Stifel California CR UNGlendale CA SHS 10/12/22 99.627000 245,000 245,000.00 244,086.15 4.5000 130162AK6 10/25/2023 Stifel Austin Telco Fed CR UNAustin TX SHS CTF 11/14/22 100.464000 245,000 245,000.00 246,136.80 5.0500 052392CC9 11/27/2026 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 100.297000 245,000 245,000.00 245,727.65 5.0000 07181JAV6 11/30/2026 Stifel Greenwood Credit UnionWarwick RI SHS CTF 11/14/22 99.850000 245,000 245,000.00 244,632.50 4.9500 397129AJ6 5/28/2024 Stifel Kemba FINL CR UN- Kemba
OH SHS CTF 11/14/22 100.050000 245,000 245,000.00 245,122.50 5.2500 48836LAW2 11/23/2027 Stifel Mountain Amer Fed CR UNWest Jordan UT SHS CTF 11/14/22 99.906000 245,000 245,000.00 244,769.70 5.0000 62384RAS5 5/28/2024 Stifel Oklahoma Fedl CR UNOklahoma City OK CD 11/14/22 99.995000 245,000 245,000.00 244,987.75 5.0000 67886WAB3 11/22/2024 Stifel Rogue Credit UnionMedford OR SHS CTF 11/14/22 100.013000 245,000 245,000.00 245,031.85 5.2000 77535MAE3 11/26/2027 Stifel ST Lawrencefed CR UNOgdenburg NY CD 11/14/22 99.903000 245,000 245,000.00 244,762.35 4.9500 791125AB3 11/22/2023 Stifel USAlliance FCURye NY SHS CTF 11/14/22 99.995000 245,000 245,000.00 244,987.75 5.0000 90352RCW3 11/29/2024 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 98.429000 245,000 245,000.00 241,151.05 4.4500 01664MAA4 12/21/2026 Stifel Farmers Ins Group FCU- Los
Angeles CA SHS CTF 12/07/22 99.909000 245,000 245,000.00 244,777.05 5.0000 30960QAL1 12/13/2023 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 98.460000 245,000 245,000.00 241,227.00 4.5000 45157PAZ3 12/29/2027 Stifel Workers Credit UnionLittleton MA SHS CTF 12/07/22 99.970000 245,000 245,000.00 244,926.50 5.0500 98138MAZ3 6/17/2024 Stifel Community West CR UNKentwood MI CD 12/12/22 100.130000 245,000 245,000.00 245,318.50 5.0000 20416JAC8 6/23/2025 Stifel Alliant Credit Union- Chicago
IL SHS CTF 12/20/22 99.942000 245,000 245,000.00 244,857.90 4.8500 01882MAA0 12/30/2027 Stifel Valley Strong CR UNBakersfield CA SHS CTF 01/04/23 100.034000 245,000 245,000.00 245,083.30 5.1000 920133AL9 7/18/2025 Stifel Technology CR UNSan Jose CA SH CTF 01/09/23 100.033000 245,000 245,000.00 245,080.85 5.1000 87868YAH6 7/21/2025 Stifel S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 30 of 710 stment Reports\22-23\March 2023\March 2023 Investment Report Attachment A-2 Issuer
Purchase
Date
Market Price
Per Share Qty
Total Original Cost
Value Total Market Value Coupon CUSIP Maturity Trustee
CITY OF COVINA
U.S. Bank and Stifel
Investment Portfolio as of
March 2023
Uncle Credit UnionLivermore CA SHS CTF 01/10/23 99.890000 245,000 245,000.00 244,730.50 5.0000 90307LAB0 1/25/2024 Stifel Affinity FEDL Credit UNBasking Ridge NJ SHS CTF 01/26/23 99.891000 245,000 245,000.00 244,732.95 5.0000 00832KBH1 2/1/2024 Stifel True Sky FEDL CR UNOklahoma City OK SHS CTF 01/26/23 94.695000 248,000 233,596.16 234,843.60 0.3500 89786MAA2 5/20/2024 Stifel Sound CR UNTacoma WA ShS CTF 02/06/23 100.240000 245,000 245,000.00 245,588.00 5.1000 83616HAC8 2/21/2025 Stifel Coop Choice Network CUPeoria IL CD 02/13/23 99.978000 245,000 245,000.00 244,946.10 5.1000 21686QAE9 2/23/2024 Stifel Grow FNL FED CR UNTampa FL SHS CTF 02/14/23 99.935000 245,000 245,000.00 244,840.75 5.0500 39981MAB8 2/26/2024 Stifel First NATL BankDamariscotta ME CD 03/09/23 100.293000 245,000 245,000.00 245,717.85 5.0000 32117BFR4 9/23/2026 Stifel KodabankDrayton ND CD 03/09/23 100.293000 245,000 245,000.00 245,717.85 5.0000 50007DAC3 9/22/2026 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 100.689000 245,000 245,000.00 246,688.05 5.1500 89789AAH0 3/23/2026 Stifel Pacific Western BankSan Diego CA CD 03/23/23 100.396000 245,000 245,000.00 245,970.20 5.6500 69506YYD5 4/5/2028 Stifel *Unsettled Purchases (245,970.20) (245,000.00)
Total Agricultural Mortgage 15,049,434.76 15,217,000 14,598,792.87 *Unsettled Purchases 1,245,000.00 1,245,560.20
Cash Per Stifel Statement (1,135,058.50) (1,135,058.50) Net Stifel Cash 109,941.50 $ 110,501.70 $
Stifel Total Value of Portfolio 43,117,000 41,967,609.09 41,119,979.67 S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Inve Page 31 of 710 stment Reports\22-23\March 2023\March 2023 Investment Report Attachment A-2 Qty Purch Date Maturity
Share Price at
Purch Date
Net Trade
Amount
Cost Basis
Value Market Value
Accrued
Interest Issuer CUSIP Held by
03/01/23 3/27/ 10,000 2026 100.063000 1,000,000.00 1,000,000.00 - 1,000,630.00 FEDL Home Loan Bank Bond 3130AVAD4 Stifel 03/06/23 3/8/ 10,000 2028 100.496000 1,000,000.00 1,000,000.00 - 1,004,960.00 FEDL AGRIC MTG Corp- Medium Term Note 31422XY30 Stifel 03/09/23 9/22/ 2,450 2026 100.293000 245,000.00 245,000.00 - 245,717.85 odabank- Drayton ND CD 50007DAC3 Stifel 03/09/23 9/23/ 2,450 2026 100.293000 245,000.00 245,000.00 - 245,717.85 rst NATL Bank- Damariscotta ME CD 32117BFR4 Stifel 03/09/23 3/23/ 2,450 2026 100.689000 245,000.00 245,000.00 - 246,688.05 Truliant FEDL CR UN-Winston Salem NC SHS CTF 89789AAH0 Stifel 03/20/23 3/27/ 10,000 2026 99.959000 1,000,000.00 1,000,000.00 - 999,590.00 FEDL Home Loan Bank Bond 3130AVF72 Stifel 03/23/23 4/5/ 2,450 2028 100.396000 245,000.00 245,000.00 - 245,970.20 Pacific Western Bank- San Diego CA CD 69506YYD5 Stifel Total 3,980,000.00 3,980,000.00 3,989,273.95 -
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
Interest
Earnings Since
Purchase Issuer CUSIP Held by
NO SALES OR MATURITIES IN MARCH
Total - - - -
Period
Interest
Revenue
Gain / (Loss) on
Transactions
Net revenue /
(Loss)
Previous Month 65,014.71 (4, 60, 874.21) 140.50
Previous 12 mos. 484,122.33 (92,382.29) 391,740.04
CITY OF COVINA
Investment Transaction Summary
for the Month Ended March 31, 2023
Purchased Investments
Sold/Matured Investments
Net Revenue Analysis - for Period Ending March 31, 2023
Statement Total
Balance Percentage
Cash Balances 3,395,648 3.98%Local Agency Investment Fund 38,131,850 44.72%Federal Home Loan 16,292,903 19.11%Federal Farm Credit 7,599,972 8.91%Federal Agriculture Mortgage 2,915,358 3.42%Certificate of Deposits 15,049,435 17.65%Funds held by Bond Trustees 1,875,761 2.20% Total 85,260,927 100.00%
*Average Investment coupon rate: 3.88% (based on weighted average of Original Cost Value)This chart illustrates the City's cash & investments by asset type.
CITY OF COVINA
Cash & Inv estment Holdings by Type
Cash Balances, 3.98%
Local Agency
Investment Fund,
44.72%
Federal Home Loan,
19.11%
Federal Farm Credit,
8.91%
Federal Agriculture
Mortgage, 3.42%
Certificate of Deposits,
17.65%
Funds held by Bond
Trustees, 2.20%
HOLDINGS BY TYPE
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Investment Holdings by Sector\22-23\Investment Holdings by Sector - Mar 23 Attachment A-4
Quarter
Ending City Agency*
3/31/2021 58,881,658 4,645,8273/31/2022 75,252,393 3,672,179 33/31/2023. 85,260,927 3,631,254
The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY Cash and Investments Three Year Comparison as of March 31, 2023 $0
$20,000,000$40,000,000$60,000,000$80,000,000
$100,000,000
3/31/2021 3/31/2022 33/31/2023.
58,881,658
75,252,393
85,260,927
4,645,827 3,672,179 3,631,254
Month Ending Mar 31
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
CityAgency*
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\22-23\March 2023\Cash Comparison Mar 23 ATTACHMENT A-5
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Attachment A-7
Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:
Bills 29,418,545,599.25 $ 29,779,495,353.47 $ 29,757,207,000.00 $ NA Notes 93,242,224,235.91 $ 93,212,620,838.86 $ 90,945,077,500.00 $ 288,849,618.00 $ Federal Agency:
SBA 322,209,737.47 $ $ 322,209,737.47 $ 321,868,141.12 $ 1,291,571.96 MBS-REMICs $ 3,084,994.85 $ 3,084,994.85 $ 3,058,806.67 $ 13,760.19 Debentures $ 10,349,812,980.86 $ 10,349,583,675.33 $ 10,206,571,800.00 $ 45,703,340.00 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,550,000,000.00 $ 2,550,000,000.00 $ 2,495,849,500.00 $ 25,411,824.00 Discount Notes $ 25,242,636,340.20 $ 25,554,072,104.18 $ 25,548,182,500.00 NA Supranational Debentures $ 3,074,194,538.58 $ 3,074,194,538.58 $ 3,010,317,500.00 $ 11,201,903.00 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ 200,000,000.00 $ 200,000,000.00 $ 200,045,234.42 $ 2,003,194.45 CDs and YCDs $ 12,200,000,000.00 $ 12,200,000,000.00 $ 12,194,072,815.39 $ 141,674,375.01 Commercial Paper $ 8,539,926,819.43 $ 8,629,619,069.50 $ 8,625,697,222.20 NA Corporate:
Bonds FR $ - $ - $ - $ -
Bonds $ 454,676,266.87 $ 454,676,266.87 $ 432,355,270.00 $ 3,364,631.80 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,237,000,000.00 $ 5,237,000,000.00 $ 5,237,000,000.00 NA PMIA & GF Loans $ 376,839,000.00 $ 376,839,000.00 $ 376,839,000.00 NA TOTAL $ 191,211,150,513.42 $ 191,943,395,579.11 $ 189,354,142,289.80 $ 519,514,218.41 Fair Value Including Accrued Interest $ 189,873,656,508.21 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (0.986510329).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,730,206.58 or $20,000,000.00 x 0.986510329.
State of California
Pooled Money Investment Account
Market Valuation
3/31/2023
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.d.
Meeting: April 18, 2023
Title: Purchase Agreement for Building Maintenance Division and Parks & Recreation Department – 3 Ford E-Transit Cargo Vans
Presented by: Andy Bullington, Director of Public Works Recommendation: Authorize the City Manager to execute a Purchase Order with National Auto Fleet Group for the purchase of three (3) 2023 Ford E-Transit Cargo Vans in an amount not-to-exceed $188,278.14.
EXECUTIVE SUMMARY/BACKGROUND:
Assembly Bill 2766 was adopted in 1990 to provide a revenue stream for programs to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies. State law, H&S Code Section 44223, authorizes the Department of Motor Vehicles to collect a registration surcharge of $4 per vehicle to fund the AB 2766 Subvention Fund Program. Each year, South Coast Air Quality Management District distributes collected revenue on a quarterly basis to cities and counties in the South Coast Air Basin.
In an effort to best utilize AB 2766 Subvention Funds allocated to Covina, the City has made efforts to convert many of its older gas-powered fleet vehicles to either hybrid or zero-emission electric (EV) vehicles in order to reduce the City’s carbon footprint. As proposed, the City will utilize local AB 2766 funds to replace three (3) aging fleet assets with new Ford E-Transit Cargo vans for use in the Public Works Department and Parks, Recreation and Library Services Department. The proposed acquisition would be made via a competitively bid purchasing agreement through Sourcewell, a cooperative procurement organization for public agencies. The DISCUSSION:
As proposed, the City would purchase three (3) new 2023 Ford E-Transit Cargo Vans under the competitively bid Sourcewell Contract 091521-NAF. The terms of the contract make the negotiated pricing available to all public agencies in the United States, Canada, and Internationally. In accordance with the City’s Purchasing Policy under CMC Sections 2.20.200 (Joint bidding with other governmental entities) and 2.20.210 (Joint purchasing agreement with other governmental entities), the City Council may use a competitive bid conducted by another public agency to purchase goods and services.
FISCAL IMPACT:
The total price of the three (3) cargo vans is $188,278.14. There is sufficient funding for the purchase of said vans in the Department of Public Works – Air Quality Management Division Budget account number (2500- 2600-55550). No additional funding is necessary to complete the vehicle purchase.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
Attachment A
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.e.
Meeting: April 18, 2023
Title: Resolution CC 2023-22, Authorizing the Application for the Urban and Community Forestry Grant Program Funds (Green Schoolyards Planning Grant) from the California Department of Forestry and Fire Protection (CalFire)
Presented by: Brian K. Lee, Director of Community Development, AICP Recommendation: Staff recommends that the City Council adopt Resolution CC 2023-22.
EXECUTIVE SUMMARY:
In late 2022, the City and Charter Oak Unified School District (“District”) established a cooperative framework related to the potential enhancement and reuse of some outdoor spaces at school campuses. As proposed, the City and District would identify school campuses that could provide a significant public benefit, including enhancing fields for student use, utilizing drought-tolerant landscape and irrigation systems to reduce water consumption and expanding the public’s use of renovated fields during school off-hours.
Recently, a unique grant opportunity opened under the CalFire Green Schoolyard Program that could further the City/District’s partnership. As proposed, the City will prepare an application to fund the planning/design of a Green Schoolyard project at Royal Oak Middle School, located at l303 S. Glendora Avenue, in Covina. The application is specifically for the costs associated with planning & design, such as research, landscape design, civil drawings/LID preparation, and community outreach/engagement. At the end of this grant period, if awarded, the City may reapply for implementation funding from CalFire to include the installation of turf and new athletic fields, stormwater treatment and capture, drought tolerant/native landscaping, and other appurtenances.
The CalFire grant application requires that the applicant/agency’s board or governing body adopt a resolution approving the submittal of an application for and reception of grant funds should the applicant be selected as an awardee for the grant. The total cost for the grant application is $12,510 – which will be shared equally by the City and District in accordance with the established Memorandum of Understanding between the two agencies.
BACKGROUND/DISCUSSION
On November 16, 2022, the City and Charter Oak Unified School District entered into a Memorandum of Understanding (MOU) to cooperatively prepare and submit grant applications to fund the design and installation of features at the existing Royal Oak Middle School, Schoolyard, to include the installation of turf and new the athletic fields, stormwater treatment and capture, drought tolerant/native landscaping and trees, and other appurtenances. The City and Charter Oak Unified School District also intend to prepare a separate joint use agreement to set forth the parameters for the City’s use and the District’s School Facilities and other Districtowned recreational, athletic, and other school facilities when school is not in session.
The California Department of Forestry and Fire (CalFire) is currently offering a Green Schoolyard Planning Grant with the purpose of greening schoolyards to protect the health, well-being, and educational opportunity of children most vulnerable to increasing temperatures and extreme heat across California. Applications targeting these funds should include how the project can reduce greenhouse gas (GHG) emissions, mitigate extreme heat, enhance learning environments, increase water supply, reduce energy use, manage stormwater, improve access to recreation, and improve public health. At the end of this grant period, if awarded, the City may reapply for an implementation grant, to fund the materials, installation, and construction portion of the project.
FISCAL IMPACT:
None at this time.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
RESOLUTION CC 2023-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA
FOR FUNDING FROM THE URBAN AND COMMUNITY FORESTRY
GRANT PROGRAM OF THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION
WHEREAS, the Governor of the State of California in cooperation with the State Legislature has appropriated General Funds for the state’s urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program; and
WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and
WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban forestry project.
NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Approve the filing of an application for the Urban and Community Forestry grant program funds and certify and/or appoint the following:
1. Certify that said applicant has or will have sufficient funds to operate and maintain the project.
2. Certify that funds under the jurisdiction of Covina are available to begin the project.
3. Certify that said applicant will expend grant funds prior to March 30, 2026.
4. Appoint the City Manager, or a designee, as agent of the City of Covina to conduct negotiations, execute and submit all documents including, but no limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.
SECTION 3. 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 18th day of April, 2023.
Attachment A
Resolution CC 2023-22 Page 2 of 2
City of Covina, California
BY: __________________________
WALT ALLEN, III, Mayor
ATTEST:
________________________________
FABIAN VELEZ, Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2023-22 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 18th day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________
FABIAN VELEZ, Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.f.
Meeting: April 18, 2023
Title: Resolution CC 2023-26, Amending the Fiscal Year 2022-2023 Operating Budget and Approving an Appropriation of $315,000 as per a Development Agreement with PS Southern California One, Inc., and Making a Determination of Exemption from CEQA Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2023-26.
EXECUTIVE SUMMARY/BACKGROUND
As part of the Public Storage Development to be located at 1330 E Cypress Avenue in Covina, the City entered into a Development Agreement with PS Southern California One, Inc. The City Council adopted Ordinance 22- 20, approving a Development Agreement with PS Southern California One, Inc. on December 6, 2022, and the Development Agreement was subsequently executed and filed with the Los Angeles County Clerk on March 15, 2023. Per Section 5 of the Agreement, Owner (PS Southern California One, Inc.) supplied a payment of $315,000 to the City of Covina which is to be used for City Infrastructure projects.
DISCUSSION:
As proposed, the funds would be utilized for design, planning, construction, and related services for various ongoing city projects, such as to supplement local match requirements for Covina Recreation Village grant funding, Charter Oak Unified School District Recreation Field design (per the MOU between the City of Covina and Charter Oak Unified School District), Covina Co-Work Incubator, and/or Covina Theater improvements, and/or acquisition or planning services related to the Frontier Property to name a few.
It is recommended that the Council adopt Resolution CC 2023-26 (Attachment A), appropriating these funds into the Planning Account 1010-4010-55100 to be utilized for City Infrastructure which includes but is not limited to any City-Owned public facility such as streets, landscaping, parking lots, and utilities, or the acquisition of future City-Owned and maintained facilities such as those current projects described.
FISCAL IMPACT:
The appropriation of $315,000 is from the cash payment to the City of Covina from PS Southern California One, Inc., (Revenue Account 1010-4010-48990), pursuant to the Development Agreement adopted by City Council on December 6, 2022. No General Fund monies would be utilized for these projects.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This action is exempt from the California Environmental Quality Act (CEQA).
Respectfully submitted,
RESOLUTION CC 2023- 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-2023 OPERATING BUDGET AND APPROVING THE APPROPRIATION OF $315,000.0000
FROM A PAYMENT FOR CITY INFRASTRUCTURE FROM PS
SOUTHERN CALIFORNIA ONE, INC. INTO PLANNING ACCOUNT
1010-4010-55100 FOR VARIOUS CAPITAL INFRASTRUCTURE
PROJECTS WITHIN THE CITY OF COVINA
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for the fiscal year commencing July 1, 2022, and ending on June 30, 2023, was approved on May 17, 2022; 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 to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, The City Council of the City of Covina adopted Ordinance 22-20, approving a Development Agreement between the City of Covina and PS Southern California Once, Inc.; and
WHEREAS, under Section 5 of the aforementioned Agreement, PS Southern California One, Inc., supplied a payment of $315,000 to the City of Covina for use by the City for the design and/or construction of City Infrastructure within the municipal boundaries of the City of Covina; and
WHEREAS, The City Council of the City of Covina wishes to establish a new budget allocation in order to facilitate various capital infrastructure improvement projects within the City of Covina; and
WHEREAS, the appropriation of the $315,000 payment from PS Southern California One, Inc., is cost-neutral to the General Fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2022-2023 Operating Budget as follows:
Attachment A
Resolution CC 2023-26 Page 2 of 2
Account Number Account Title Original
Budget Increase Amended Budget
1010-4010-48990 Planning Revenue
Account $0 $315,000 $315,000
1010-4010-55100 Planning Account
Buildings & Structures $0 $315,000 $315,000
SECTION 2. The City Clerk shall certify to the adoption of this resolution.
APPROVED and PASSED this 18th day of April, 2023.
City of Covina, California
BY:
WALTER ALLEN, III, Mayor
ATTEST:
FABIAN VELEZ, Deputy City Clerk
CERTIFICATION
Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2023- 26 duly adopted by the City Council of the City of Covina at a regular meeting held on the 18th day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Deputy City Clerk
RESOLUTION CC 2023-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING TRACT NO. 83343
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 Subdivision Ordinance of the City of Covina is embodied within Title 16 of the Covina Municipal Code; and
WHEREAS, a Tentative Tract Map application was submitted to the City of Covina by Covina Blvd., LLC (Century Communities) for the development of 38 for-sale residential townhouse units on a 1.55-acre site located at 155 E. Covina Boulevard; and WHEREAS, pursuant to the provisions of Chapter 16.08 of the Covina Municipal Code, the City Council approved the Tentative Tract Map on January 18, 2022; and WHEREAS, during the review process, the City Council adopted Resolution CC 22-03 approving an amendment to the Covina Forward Specific Plan Final Environmental Impact Report; and
WHEREAS, the City Engineer, in accordance with the provisions of Chapter 16.14 of the Covina Municipal Code, has determined that the applicant has met all of the required conditions of approval for the approval and recordation of the Final Tract Map.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find that Tract No.83343 conforms to CEQA.
SECTION 2. The City Council does hereby approve and accept the final subdivision of Tract No. 83343.
SECTION 3. The City Council does hereby accept the easements for ingress and egress, sanitary sewer, water, public utility, fire lane, and emergency access purposes shown on said map.
SECTION 4. The City Clerk is hereby authorized to sign page one of said Tract Map and to transmit the same for recordation.
SECTION 5. The City Manager is hereby authorized to sign the Subdivision Improvement Agreement between the City and Covina Blvd., LLC (Century Communities) for the public improvements in said Tract No. 83343, a copy of which is attached hereto and included herewith.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
ATTACHMENT A
Resolution CC 2023-24 Page 2 of 2
APPROVED and PASSED this 18
th day of April, 2023.
City of Covina, California
BY:
WALTER ALLEN, III, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2023-24 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 18
th day of April, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
__________________________________
FABIAN VELEZ, Deputy City Clerk
ATTACHMENT B
ATTACHMENT C
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.g.
Meeting: April 18, 2023
Title: Resolution CC 2023-24 Approving and Recordation of Tract No. 83343 (Century Communities) Located at 155 E. Covina Boulevard
Presented by: Andy Bullington, Director of Public Works Rafael Fajardo, City Engineer
Recommendation: Adopt Resolution CC 2023-24 approving the recordation of Tract No. 83343 (Century Communities) located at 155 E. Covina Boulevard.
EXECUTIVE SUMMARY:
Resolution CC 2023-24 (Attachment A) is presented for the City Council’s consideration to approve the recordation of Tract No. 83343 (Century Communities) located at 155 E. Covina Boulevard and authorizing the City Manager to execute the Subdivision Improvement Agreement (Attachment B) between the City and Covina Blvd., LLC (Century Communities) for the public improvements required for Tract No. 83343.
BACKGROUND:
On November 29, 2016, the City Council certified the Final Environmental Impact Report (EIR) for the Covina Forward Specific Plan Project. The City Council also approved a General Plan Amendment, the Covina Forward Specific Plan, and the iTEC Transit Oriented Mixed-Use development consisting of a residential component (Planning Area 1), a transit/civic component (Planning Area 2), and a public/civic component (Planning Area 3).
The residential component has been completed with the construction of 117 townhomes on 6.12 acres, the transit/civic component has been completed with the construction of a park and ride facility and bus transit station on 2.99 acres, and the public/civic component is a vacant 1.55-acre property.
On October 15, 2019, the City Council approved a non-binding Memorandum of Understanding (MOU) with Sheldon Development, LLC, which subsequently became Covina Blvd., LLC to negotiate an Exchange Agreement and Escrow Instructions (EA) for the exchange of property owned by the City located at 155 E. Covina Boulevard and property under control of Covina Blvd., LLC located at 601 E. San Bernardino Road.
On June 15, 2021, the City Council approved the EA. Pursuant to the terms of the EA, it is the responsibility of Covina Blvd., LLC to apply for, and obtain the required and necessary land use entitlements to allow for the development of a transit-oriented residential project at 155 E. Covina Boulevard, designated as Planning Area 3, Covina Forward Specific Plan. Covina Blvd., LLC made a timely submittal of the appropriate land use entitlement application materials consisting of General Plan Amendment (GPA) 21-1, Covina Forward Specific Plan Amendment 21-1, Major Site Plan Review (SPR) 21-87, Tentative Tract Map (TTM) No. 73343, and Addendum to the Covina Forward Specific Plan Final Environmental Impact Report.
On January 18, 2022, the Covina City Council conditionally approved the GPA Amendment, the Covina Forward Specific Plan Amendment, SPR 21-87, Tentative Tract Map No. 83343, and an amendment to the adopted EIR.
DISCUSSION:
The City Engineer has reviewed the Tract Map (Attachment C) and has determined, in accordance with the provisions of Chapter 16.14 (Final Maps and Parcel Maps) of the Covina Municipal Code, that all conditions for
the approval of Tract No. 83343 have been met. Approval of the Tract Map by the City Council will allow recordation of the map by Los Angeles County; completing the subdivision process.
Prior to the recordation of the Tract Map, the developer must enter into a Subdivision Improvement Agreement with the City of Covina to ensure the installation of all necessary improvements including street, signing and striping, lighting, median and parkway landscaping, sewer, and water improvements.
FISCAL IMPACT:
There is no fiscal impact to the City associated with the approval of Tract No. 83343.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
During the review process, the City Council adopted Resolution CC 2022-03 approving an amendment to the Covina Forward Specific Plan Final Environmental Impact Report.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.h.
Meeting: April 18, 2023
Title: Adopt Joint Tax Sharing Resolution Approving and Accepting Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Specific Property Located at 1071 E. Covina Hills Road into Los Angeles County Sanitation District No. 22 Presented by: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Adopt the joint tax sharing resolution, City Council Resolution CC 2023-25 approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of a specific property located at 1071 E. Covina Hills Road into Los Angeles County Sanitation District No. 22.
EXECUTIVE SUMMARY/BACKGROUND:
On October 6, 2020, the City Council approved the Sewer Line Installation Project – Zone 10 which included the installation of approximately 600 linear feet of 8” diameter sewer main line, house laterals, and manholes on Covina Hills and Oak Canyon Road bounded by Grand Avenue, Ranchcreek Road, and San Joaquin Road. The project was completed and accepted by the City Council on June 15, 2021. In April of 2022, the property owner paid the City’s required sewer Connection Fees, Los Angeles County Sanitation District Annexation Fees, and obtained a building permit to connect the existing residence to the sewer mainline and abandon the on-site private sewer system.
DISCUSSION:
In order for the sewage disposal from the new residence at 1071 E. Covina Hills Road to be treated by the Los Angeles County Sanitation District, the property must first be annexed into Sanitation District No. 22 (Annexation No. 442). The annexation process requires that a resolution for property tax revenue exchange be adopted by the City of Covina before Los Angeles County can approve the annexation. The law requires that the City approve, by resolution, the amount of the annual tax increment to be transferred to the special district to pay for the additional services for the property.
FISCAL IMPACT:
The sharing of the property tax increment with the Sanitation District, as a result of the annexation, will not result in a loss of tax revenues that the City currently receives from the property. As proposed, a portion (0.45%) of future tax increment would be shared with the Los Angeles County Sanitation District No. 22.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
During the award of bid for the Sewer Line Installation Project – Zone 10, the project was determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302.
This exemption included the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project involves negligible or no expansion of an existing use.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2023-25
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES ACTING IN BEHALF OF
Los Angeles County General Fund
Los Angeles County Consolidated Fire Protection District Los Angeles County Flood Control
THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22
OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF
City of Covina
Three Valleys Municipal Water District
APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY
TAX REVENUES RESULTING FROM ANNEXATION TO COUNTY
SANITATION DISTRICT NO. 22.
"ANNEXATION NO. 442"
WHEREAS, pursuant to Section 99 and 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change which will result in a special district providing a new service, the governing bodies of all local agencies that receive an apportionment of the property tax from the area must determine the amount of property tax revenues from the annual tax increment to be exchanged between the affected agencies and approve and accept the negotiated exchange of property tax revenues by resolution; and WHEREAS, the governing bodies of the agencies signatory hereto have made determinations of the amount of property tax revenues from the annual tax increments to be exchanged as a result of the annexation to County Sanitation District No. 22 entitled Annexation No. 442;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
l. The negotiated exchange of property tax revenues resulting from the annexation of territory to County Sanitation District No. 22 in the annexation entitled Annexation No. 442 is approved and accepted.
2. For each fiscal year commencing on and after July l, 2022, or after the effective date of this jurisdictional change, whichever is later, the County Auditor shall transfer to County Sanitation District No. 22 a total of 0.4504329 percent of the annual tax increment attributable to the land area encompassed within Annexation No. 442 as shown on the attached Worksheet.
3. No additional transfer of property tax revenues shall be made from any other tax agencies to County Sanitation District No. 22 as a result of annexation entitled Annexation No. 442.
4. No transfer of property tax increments from properties within a community redevelopment project, which are legally committed to a Community Redevelopment Agency, shall be made during the period that such tax increment is legally committed for repayment of the redevelopment project costs.
5. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year.
The foregoing resolution was adopted by the Board of Supervisors of the County of Los Angeles, the Board of Directors of County Sanitation District No. 22 of Los Angeles County, and the governing bodies of City of Covina and Three Valleys Municipal Water District, signatory hereto.
CITY OF COVINA
________________________________
SIGNATURE
______________________________
ATTEST: PRINT NAME AND TITLE
___________________________________________ ___________________________________________ Deputy City Clerk Date
(SIGNED IN COUNTERPART)
Walter Allen, III, Mayor
CC Regular Meeting
AGENDA ITEM REPORT
ITEM #10.i.
Meeting: April 18, 2023
Title: 2022 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 2022 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 2022 Homeland Security Program (SHSP); and
3. Adopt Resolution CC 2023-28 to increase the Police Department's 2022-23 budget by $45,577 resulting from the 2022 Homeland Security Grant award.
EXECUTIVE SUMMARY:
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 2022 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 SHSP reimbursement of eligible expenses of which we have been authorized $45,577 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:
Five (5) radios will be purchased in the total amount of $51,572.15. The grant will only reimburse $45,577 leaving $5,995.15 to be covered by existing funds in police budget. Resolution CC 2023-28 will accept the grant in the amount of $45,577 and will also increase the police department FY 2022-23 budget by appropriating the same amount.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
None.
Respectfully submitted,
State Homeland Security Program
Subrecipient Agreement
Grant Year 2022
Between the
County of Los Angeles
and the
City of Covina
Attachment A
SUBRECIPIENT AGREEMENT
BETWEEN THE
COUNTY OF LOS ANGELES
AND THE
CITY OF COVINA
THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the “County of Los Angeles”), and the City of Covina, a public agency (the “Subrecipient”).
W I T N E S E T H
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number ) 97.067 – Homeland Security Grant Program directly to the California Governor’s Office of Emergency Services (Cal OES) for the 2022 SHSP, Federal Award Identification No. 037-00000 Federal Award dated October 24, 2022 with a performance period of September 1, 2022 to May 31, 2024. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles, Unique Entity ID (UEI) # MKQ9AQH7R2S5, 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 2022 SHSP grant from Cal OES in the total amount of $9,481,458.00; and WHEREAS, the CEO now wishes to distribute 2022 SHSP grant funds to the Subrecipient in the amount of $45,577.00, 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 December 6, 2022 authorized the CEO to prepare and execute this Agreement.
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
SECTION I
INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of Covina, a public agency, having its principal office at .
§102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:
1. The representative of the County of Los Angeles is, unless otherwise stated in this Agreement:
Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
[email protected]
Jimmy Nguyen
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 262-7902
Fax: (213) 687-3765
[email protected]
2. The representative of Subrecipient is:
Name and Title:
Organizational UEI
Number:
Address:
City/State/Zip:
Phone:
FAX:
Email:
With a copy to:
Name and Title:
Address:
City/State/Zip:
Phone:
FAX:
Email:
B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular U.S. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.
C. If the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:
A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof, in accordance with §411.A.14 of this Agreement.
Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411.A.12 of this Agreement.
C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof, in accordance with §411.A.13 of this Agreement.
D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2022 to February 29, 2024, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §503, below.
§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter “Budget,” for the 2022 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.
Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval, all other terms of this Agreement will remain in effect.
Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing funds for program activities, and will not supplant (replace) non-Federal funds.
C. Subrecipient must review the Federal Debarment Listing at https://sam.gov/search/ prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.
D. Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.
E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (15th) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.
F. Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by Title 2 Code of Federal Regulations (C.F.R) Part 200, to the County of Los Angeles within 30 calendar days after receipt of the auditor’s report(s). In the event the Subrecipient does not meet the Single Audit Threshold
expenditure amount in a fiscal year, the Subrecipient must provide the County of Los Angeles a copy of a letter sent to State Controller’s Office noting the Single Audit Threshold was not met, and its exempt status within nine months after the end of the Subrecipient’s fiscal year, unless otherwise approved by the County of Los Angeles.
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 will utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.
H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.
I. Subrecipient use of the Los Angeles Regional Interoperable Communication System’s Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clearly demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.
J. Subrecipient shall not use grant funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People’s Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.gov/authorized-equipment-list and the Funding Guidelines of the 2022 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 2022 SHSP can be found at Title 2 CFR Part 200.313.
Any equipment acquired or obtained with Grant Funds:
1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant;
2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.
L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, “Equipment” is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the “Equipment” category of the Grant must also be listed on any required Equipment Listing.
1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.
2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.
3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division.
The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the
property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.
4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.
5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.
M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.
N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
O. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraining.gov/frts/.
P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/hseep.
Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.
R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of the Agreement.
S. Pursuant to this Agreement, indirect costs are not reimbursable.
SECTION III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $45,577.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2022 SHSP Grant Award Letter from Cal OES.
B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.
For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.
For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.
For Planning reimbursements, Subrecipient must include a copy of the final tangible product.
C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301.A., above, will not be utilized. As provided in §503, below, any increase or decrease in the grant amount specified
in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.
D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.
E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.
F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.
2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the United States of America, the State of California, and the County of Los Angeles.
This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.
If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.
Applicable Federal or State requirements that are more restrictive will be followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient’s performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.
Subrecipient must comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).
If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt.
Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 of the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement, and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.
To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for liability arising out of the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that:
1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.
2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.
C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).
D. The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.
E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.
F. For further clarification of the meaning of any of the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.
G. The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.
H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.
I. The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
1. CFR
Subrecipient must comply with Title 2 CFR Part 200.
2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et seq., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.
Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.
Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly.
5. Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the U.S. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available for examination all of its records with respect to all matters covered by this Agreement. The County of Los Angeles, the U.S.
Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient’s method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.
6. Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. “Pending matters” include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.
7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.
Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.
8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).
Subrecipient must, as applicable, comply with the provisions of the 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’t Code Sec. 16645 et seq.
9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of disabilities; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.
10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.
These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.
Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93-234).
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation’s waters.
Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.
Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871).
Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.
11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).
12. Suspension, Debarment, Ineligibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.
13. Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov’t Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.
14. Lobbying Activities
Subrecipient must, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.
15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.
Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
Title 2 CFR Part 200; EO 12372; U.S. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.
Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1(e) and CCR Title 19, §§2445-2448.
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.
1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient’s reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
Subrecipient’s total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including outof-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.
Subrecipient’s administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient’s reimbursement rates may not exceed the amounts established under the grant.
C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's “Grant Assurances”. By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D.
Subrecipient will be liable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances.
Pursuant to this Agreement, Subrecipient shall execute the 2022 Certification of Grant Assurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.
To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.
D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. §412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or otherwise under Title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy (“Policy”) embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.
B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a 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 will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.
3. Subrecipient must comply with Title 24 CFR 85.34.
D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. “Unlimited rights” means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.
§415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient’s contracts, including procurement, construction and personal services. This policy applies to all of the Subrecipient’s contractors and sub-contractors. §416. Compliance with Fair Chance Employment Practices
Subrecipient shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination:
Conviction History. Subrecipient’s violation of this paragraph of the Agreement t may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.
§417. Method of Payment and Required Information
The County of Los Angles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.
Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https://directdeposit.lacounty.gov/. Such electronic banking and related information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.
SECTION V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.
The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.
§503. Amendments
Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease of the grant amount specified in §301.A., above, or any extension of the performance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.
SECTION VI
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (26) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.
[Remainder of this page intentionally left blank]
IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.
COUNTY OF LOS ANGELES
BY _________ ________
FESIA A. DAVENPORT Date
Chief Executive Officer
BY __________________________ BY _________________
CELIA ZAVALA ARLENE BARRERA
Executive Officer, Board of Supervisors Auditor-Controller
APPROVED AS TO FORM
DAWYN R, HARRISON
County Counsel
BY__________________________
Deputy County Counsel
CITY OF COVINA
BY_____________________________ ________________________ __________________ City Representative/Title (Signature) (Print Name) Date
APPROVED AS TO FORM
BY_____________________________ ________________________ __________________ City Attorney (Signature) (Print Name) Date
ATTEST
BY_____________________________ ________________________ _________________ City Clerk (Signature) (Print Name) Date
EXHIBITS
Exhibit A…………… Certification Regarding Lobbying
A.1…………. Disclosure of Lobbying Activities
Exhibit B…………… Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C…………… Certification Regarding Drug-Free Workplace Exhibit D…………… Certification of Grant Assurances
Exhibit E…………… Final Grant Award Letter and Project Worksheet Exhibit F…………… FY 2022 Federal Notice of Funding Opportunity F.1………… FY 2022 Cal OES Supplement to Federal Notice of Funding Opportunity
Exhibit G…………… Reimbursement Form and Instructions
Exhibit H…………... Monitoring Instrument
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.
3. 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.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
EXHIBIT A
Certification Regarding Lobbying
The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Subrecipient: ________________________________________________________________ Signature of Authorized Agent: _______________________________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________ Date: _____________________________
EXHIBIT A
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DISCLOSURE OF LOBBYING ACTIVITIES
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Standard Form – LLL
B B A
✔
Department of Homeland Security Homeland Security Grant Program
97.067
Cal OES 2-232
County of Los Angeles
Chief Executive Office - HSGA
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
EXHIBIT A.1 Page 3 of 4
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EXHIBIT A.1 Page 4 of 4
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.51 O, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
AGREEMENT NUMBER
CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
EXHIBIT B
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this document, the prospective recipient of Federal assistance Is providing the certification as set out below.
2. The certification in this clause Is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement Is entered, If at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,”” primary covered transaction,” ‘principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowinglyenter into any lower tier coveted transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation on this coveted transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant may, but is not requited to, check the List of Parties Excluded from Procurement or Non Procurement Programs.
6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.
The knowledge and information of a participant is not requited to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded form participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursueavailable remedies, including suspension and/or debarment.
EXHIBIT
B
2 STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or subgrant:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or subgrant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California.
OFFICAL’S NAME DATE EXECUTED
EXECUTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER
EXHIBIT C
STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the
(your agency)
accordingly provides this statement of compliance.
In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance with this directive, this statement is issued to meet this requirement.
The (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees. [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee’s worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information.
It is the intent of the (your agency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement. [Section 8355(c)]
EXHIBIT C
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 etseq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant 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. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’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, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
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 Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) 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. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhsstandard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
EXHIBIT D
GAVIN NEWSOM
GOVERNOR
MARK S. GHILARDUCCI
DIRECTOR
3650 SCHRIEVER AVENUE,MATHER, CA 95655
www.CalOES.ca.gov
October 24, 2022
Fesia A. Davenport
Chief Executive Officer
Los Angeles County
500 West Temple Street, Room 713
Los Angeles, CA 90012-0000
SUBJECT: NOTIFICATION OF SUBRECIPIENT SUBAWARD APPROVAL Fiscal Year (FY) 2022 Homeland Security Grant Program (HSGP) Subaward #2022-0043, Cal OES ID#037-00000
Subaward Period of Performance: 09/01/2022-05/31/2024
Dear Ms. Davenport:
We are pleased to announce the approval of your FY 2022 HSGP subaward in the amount of $9,481,458.
Once the completed application is received and approved, reimbursement of eligible subaward expenditures may be requested using the California Governor’s Office of Emergency Services (Cal OES) Financial Management Forms Workbook.
Failure to provide documentation in a timely manner could result in a hold on funding, pursuant to Title 2, Code of Federal Regulations (CFR), Sections 200.338(a) and 200.207(b)(1)-(2).
This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), the Preparedness Grants Manual, the California Supplement to the NOFO, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the subaward period of performance.
Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, allowability request logs, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review.
EXHIBIT E
Fesia A. Davenport
October 24, 2022
__________________________________ __________________
Fesia A. Davenport Date
Los Angeles County
Your organization will be required to prepare and submit the Biannual Strategy Implementation Report to Cal OES via the Federal Emergency Management Agency Grants Reporting Tool (GRT) semi-annually for the duration of the subaward period of performance or until all activities are completed and the subaward is formally closed. Failure to submit required reports could result in subaward reduction, suspension, or termination. Throughout the subaward cycle, milestones set in the GRT will be used as indicators of project feasibility, performance, and grant management capacity. This information may also be used in assessing proposals in future grant opportunities.
Due to Los Angeles County's failure to comply with the quarterly drawdown Special Condition for the FY19 HSGP award, the period of performance for Los Angeles County's FY22 award has been shortened to May 31, 2024. The county will be given the opportunity to restore the period of performance to an end date of May 31, 2025, provided that the semi-annual drawdown requirement is met for all three periods within the first eighteen months of the FY22 grant award. A copy of the Special Condition letter for FY 19 has been included for reference.
A Conditional Hold has been placed on your award for the following investments which fall under the National Priority Areas:
IJ# 3 Cybersecurity - $106,000 Project# 25 Chainalysis.
To release this hold, additional information is required for the investments identified which must be submitted in the December 2022 Biannual Strategy Implementation Report in a manner consistent with Grants Program Directorate Information Bulletin No. 447.
Your dated signature is required on this letter. Please sign and return the original to your Cal OES Program Representative within 20 calendar days upon receipt and keep a copy for your records. For further assistance, please contact your Cal OES Program Representative.
Sincerely,
MARK S. GHILARDUCCI
Director
Fesia Davenport (Nov 14, 2022 11:23 PST)
Fesia Davenport
EXHIBIT E
Covina Ledger Type
FY 2022 State Home Security Program (SHSP) Projects Date Grant Subaward: 2022-0043Cal OES ID: 037-00000 POP Start Date POP End Date
Investment
Justification
(IJ)
Project
No. Project Title Funding Source Discipline Solution Area Total Budgeted IJ.06 026 LE P25 Compliant Portable Radios HSGP-SHSP LE Equipment 45,577 $ Total $ 45,577
Project Ledger
9/1/2022
5/31/2024
Initial Application
10/25/2022
EXHIBIT
E
6 Covina Ledger Type Initial Application
FY 2022 State Home Security Program (SHSP) Projects Date 10/25/2022 Grant Subaward: 2022-0043Cal OES ID: 037-00000 POP Start Date 9/1/2022 POP End Date 5/31/2024
Investment
Justification
(IJ)
Project
No. Planning Activity Funding Source Discipline Solution Area Sub-Category Expenditure Category Final Product Noncompetitive Procurement over $250K Budgeted Cost $ -
Planning
EXHIBIT
E
6 Covina Ledger Type Initial Application
FY 2022 State Home Security Program (SHSP) Projects Date 10/25/2022 Grant Subaward: 2022-0043Cal OES ID: 037-00000 POP Start Date 9/1/2022 POP End Date 5/31/2024
Investment
Justification
(IJ)
Project
No. Organization Funding Source Discipline Solution Area Sub-Category Expenditure Category Detail Certification on File Budgeted Cost $ -
Organization
EXHIBIT
E
6 Covina Ledger Type
FY 2022 State Home Security Program (SHSP) Projects Date Grant Subaward: 2022-0043Cal OES ID: 037-00000 POP Start Date POP End Date
Investment
Justification
(IJ)
Project
No.
Equipment Description
(Include Quantity) AEL # AEL Title Funding Source Discipline Solution Area Sub- Category Deployable / Shareable Noncompetitive Procurement over $250K Hold Trigger Budgeted Cost $ 45,577
IJ.06 26.11
Purchase P25 Compliant allspectrum
(UHF/VHF/800/700 MHz)
portable radios and
accessories, as follows:
Covina: 6 radios
06CP-01-PORT;
06CP-03-PRAC
Radio, Portable; Accessories,
Portable Radio HSGP-SHSP LE
Interoperable
Communications
Equipment
Deployable No No Hold Indicated $ 45,577
Equipment
5/31/2024
Initial Application
10/25/2022
9/1/2022
EXHIBIT
E
6 Covina Ledger Type
FY 2022 State Home Security Program (SHSP) Projects Date Grant Subaward: 2022-0043Cal OES ID: 037-00000 POP Start Date POP End Date
Investment
Justification
(IJ)
Project
No. Course Name Funding Source Discipline Solution Area Sub-Category Expenditure Category Feedback Number Training Activity Total # Trainee(s) Identified Host Noncompetitive Procurement EHP Hold EHP Approval Date Budgeted Cost $ -
Training
9/1/2022
5/31/2024
Initial Application
10/25/2022
EXHIBIT
E
6 Covina Ledger Type
FY 2022 State Home Security Program (SHSP) Projects Date Grant Subaward: 2022-0043Cal OES ID: 037-00000 POP Start Date POP End Date
Investment
Justification
(IJ)
Project
No. Exercise Title Funding Source Discipline Solution Area Sub- Category Expenditure Category Date of Exercise Exercise Type Identified Host Date of AAR entered into HSEEP Noncompetitive Procurement over $250K EHP Hold Budgeted Cost $ -
Exercise
9/1/2022
5/31/2024
Initial Application
10/25/2022
EXHIBIT
E
6 The Department of Homeland Security
(DHS) Notice of Funding Opportunity
(NOFO) Fiscal Year 2022 Homeland
Security Grant Program
Release Date: May 13, 2022
Effective April 4, 2022, the Federal Government transitioned from using the Data Universal Numbering System or DUNS number, to a new, non-proprietary identifier known as a Unique Entity Identifier or UEI. For entities that have an active registration in the System for Award Management (SAM) prior to this date, the UEI has automatically been assigned and no action is necessary. For all entities filing a new registration in SAM.gov on or after April 4, 2022, the UEI will be assigned to that entity as part of the SAM.gov registration process.
UEI registration information is available on GSA.gov at Unique Entity Identifier Update | GSA.
Visit Grants.gov for registration information. Detailed information regarding UEI and SAM is also provided in Section D of this funding notice.
Additional Information can be found on Grants.gov.
Table of Contents
A. Program Description
1. Issued By
2. Assistance Listings Number
3. Assistance Listings Title
EXHIBIT F
4. Funding Opportunity Title
5. Funding Opportunity Number
6. Authorizing Authority for Program
7. Appropriation Authority for Program
8. Announcement Type
9. Program Category
10. Program Overview, Objectives and Priorities
11. Performance Measures
B. Federal Award Information
1. Available Funding: $1,120,000,000
2. Projected Number of Awards: 56
3. Period of Performance: 36 months
4. Projected Period of Performance Start Date(s): September 1, 2022
5. Projected Period of Performance End Date(s): August 31, 2025
6. Funding Instrument Type: Grant
C. Eligibility Information
1. Eligible Applicants
2. Applicant Eligibility Criteria
3. Other Eligibility Criteria
4. Cost Share or Match
D. Application and Submission Information
1. Key Dates and Times
2. Agreeing to Terms and Conditions of the Award
3. Address to Request Application Package
4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application
5. Electronic Delivery
6. How to Register to Apply through Grants.gov
7. How to Submit an Initial Application to FEMA via Grants.gov
8. Submitting the Final Application in ND Grants
9. Timely Receipt Requirements and Proof of Timely Submission
10. Content and Form of Application Submission
EXHIBIT F
11. Other Submission Requirements
12. Intergovernmental Review
13. Funding Restrictions and Allowable Cost
E. Application Review Information
1. Application Evaluation Criteria
2. Review and Selection Process
F. Federal Award Administration Information
1. Notice of Award
2. Pass-Through Requirements
3. Administrative and National Policy Requirements
4. Reporting
5. Monitoring and Oversight
G. DHS Awarding Agency Contact Information
1. Contact and Resource Information
2. Systems Information
H. Additional Information
1. Termination Provisions
2. Program Evaluation
3. Period of Performance Extensions
A. Program Description
1. Issued By
U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD)
2. Assistance Listings Number
97.067
EXHIBIT F
3. Assistance Listings Title
Homeland Security Grant Program
4. Funding Opportunity Title
Fiscal Year 2022 Homeland Security Grant Program (HSGP) State Homeland Security Program (SHSP)
Urban Area Security Initiative (UASI)
Operation Stonegarden (OPSG)
5. Funding Opportunity Number
DHS-22-GPD-067-000-02
6. Authorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)
7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2022 (Pub. L. No. 117-103)
8. Announcement Type
Initial
9. Program Category
Preparedness: Community Security
10. Program Overview, Objectives and Priorities
a. Overview
The Fiscal Year (FY) 2022 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the DHS/FEMA focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent,
EXHIBIT F
protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Strategic Plan, the HSGP supports the goal to Strengthen National Preparedness and Resilience.
In FY 2022, there are three components of the HSGP:
1. State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial (SLTT) efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
2. Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Area efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
3. Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States’ borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with international water borders. SLTT law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority as a result of participation in OPSG.
The 2022-2026 FEMA Strategic Plan outlines three goals designed to position FEMA to address the increasing range and complexity of disasters, support the diversity of communities we serve, and complement the nation’s growing expectations of the emergency management community. The HSGP supports FEMA’s efforts to achieve equitable outcomes for those we serve (Goal 1) and to promote and sustain a prepared nation (Goal 3). We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient nation.
EXHIBIT F
Finally, for FY 2022, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other threats to our national security. The threats to our nation have evolved during the past two decades. We now face continuous cyber threats by sophisticated actors, threats to soft targets and crowded places, and threats from domestic violent extremists who currently pose the greatest terrorism threat to the nation1. Therefore, for FY 2022, DHS has identified six priority areas related to the most serious threats to the nation. Recipients are expected to address those priority areas with their HSGP funds.
b. Objective
The objective of the FY 2022 HSGP is to fund SLTT efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States.
c. Priorities
SHSP and UASI Funding Priorities
Given the evolving national security threat landscape, DHS/FEMA has evaluated the national risk profile and set priorities that help inform appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2022, six priority areas attract the most concern. Due to the unique threats that the nation faces in 2022, DHS/FEMA has determined that recipients should allocate a total of 30 percent of their SHSP and UASI award funds across these six priority areas.
As indicated below, four of the priorities have minimum spend requirements totaling 12 percent of SHSP and UASI awards. Recipients will have the flexibility to allocate the remaining 18 percent across the priorities. The following are the six priority areas for FY 2022, along with the minimum corresponding percentage of SHSP and UASI funds that each recipient will be required to allocate:
1. Enhancing the protection of soft targets/crowded places – 3 percent
2. Enhancing information and intelligence sharing and analysis – 3 percent
3. Combating domestic violent extremism – 3 percent
4. Enhancing cybersecurity – no minimum percent
5. Enhancing community preparedness and resilience – 3 percent
EXHIBIT F
6. Enhancing election security – no minimum percent
Additional information about these priority areas and how they relate to achieving anti-terrorism capabilities is included in Section D.10.b.II of this NOFO. Failure by a recipient to propose investments and projects that align with the priority areas and spending requirements will result in a recipient having a portion of their SHSP and UASI funds (up to 30 percent) placed on hold until they provide projects that sufficiently align to the National Priority Areas, and total at least the minimum percentages per National Priority Area priority area (as applicable) and overall 30 percent of total SHSP and UASI funds.
A state or high-risk urban area must allocate the remaining 70 percent of their funding to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) process.
Likewise, there are several enduring security needs that crosscut the homeland security enterprise to which recipients should consider allocating funding across core capability gaps and national priorities. The following are enduring needs that help recipients implement a comprehensive approach to securing communities:
1. Effective planning2
2. Training and awareness campaigns
3. Equipment and capital projects
4. Exercises
The table below provides a breakdown of the FY 2022 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual. DHS/FEMA anticipates that in future years, national priorities will continue to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through funding mechanisms other than DHS preparedness grants. The example project types in the table below are allowable to prepare for disasters unrelated to acts of terrorism as long as they also help achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.
EXHIBIT F
National Priorities
Priorities Core Capabilities Lifelines Example Project Types
EXHIBIT F
Enhancing
Cybersecurity Cybersecurity
Intelligence and
information
sharing
Planning
Public information
and warning
Operational
coordination
Screening,
search, and
detection
Access control
and identity
verification
Supply chain
integrity and
security
Risk management
for protection
programs and
activities
Long-term
vulnerability
reduction
Situational
assessment
Infrastructure
systems
Operational
communications
Safety
and
Security
Cybersecurity risk assessments
Migrating online services to the
“.gov” internet domain
Projects that address
vulnerabilities identified in
cybersecurity risk assessments
Improving cybersecurity of critical
infrastructure to meet minimum
levels identified by the
Cybersecurity and Infrastructure
Security Agency (CISA), and the
National Institute of Standards
and Technology Cybersecurity
Framework
Cybersecurity training and
planning
EXHIBIT F
Enhancing the
Protection of
Soft Targets/
Crowded Places
Operational
coordination
Public information
and warning
Intelligence and
information
sharing
Interdiction and
disruption
Screening,
search, and
detection
Access control
and identity
verification
Physical
protective
measures
Risk management
for protection
programs and
activities
Safety
and
Security
Operational overtime
Physical security enhancements
Closed-circuit television (CCTV)
security cameras Security
screening equipment for people
and baggage Lighting Access
controls Fencing, gates, barriers,
etc.
Unmanned aircraft system
detection technologies
EXHIBIT F
Enhancing
information and
intelligence
sharing and
analysis
Intelligence and
information
sharing
Interdiction and
disruption
Planning
Public information
and warning
Operational
coordination
Risk management
for protection
programs and
activities
Safety
and
Security
Fusion center operations (Fusion
Center project will be required
under this investment, no longer
as a stand-alone investment)
Information sharing with all DHS
components; fusion centers; other
operational, investigative, and
analytic entities; and other federal
law enforcement and intelligence
entities
Cooperation with DHS officials
and other entities designated by
DHS in intelligence, threat
recognition, assessment, analysis,
and mitigation
Identification, assessment, and
reporting of threats of violence
Joint intelligence analysis training
and planning with DHS officials
and other entities designated by
DHS
EXHIBIT F
Combating
Domestic
Violent
Extremism
Interdiction and
disruption
Intelligence and
information
sharing
Planning
Public information
and warning
Operational
coordination
Risk management
for protection
programs and
activities
Safety
and
Security
Open-source analysis of
disinformation and misinformation
campaigns, targeted violence and
threats to life, including tips/leads,
and online/social media-based
threats
Sharing and leveraging
intelligence and information,
including open-source analysis
Execution and management of
threat assessment programs to
identify, evaluate, and analyze
indicators and behaviors
indicative of domestic violent
extremists
Training and awareness programs
(e.g., through social media,
suspicious activity reporting [SAR]
indicators and behaviors) to help
prevent radicalization
Training and awareness programs
(e.g., through social media, SAR
indicators and behaviors) to
educate the public on
misinformation and disinformation
campaigns and resources to help
them identify and report potential
instances of domestic violent
extremism
EXHIBIT F
Enhancing
Community
Preparedness
and Resilience
Planning
Public Information
and Warning
Community
Resilience
Risk Management
for Protection
Programs and
Activities
Mass Care
Services
Intelligence and
Information
Sharing
Risk and Disaster
Resilience
Assessment
Long Term
Vulnerability
Reduction
Safety
and
Security
Establish, train, and maintain
Community Emergency Response
Teams (CERT) and Teen CERT,
with a focus on historically
undeserved communities,
including procurement of
appropriate tools, equipment and
training aides
Local delivery of CERT Train-theTrainer and CERT Program Manager to build local program
training and maintenance capacity
Provide continuity training, such
as FEMA’s Organizations
Preparing for Emergency Needs
training, to faith-based
organizations, local businesses,
and community-based
organizations such as homeless
shelters, food pantries, nonprofit
medical providers and senior care
facilities to bolster their resilience
to all hazards
Partner with local school districts
to deliver the Student Tools for
Emergency Planning curriculum
or other educational programming
to guide students on how to
create emergency kits and family
communications plans
Partner with key stakeholders to
assist with completing the
Emergency Financial First Aid Kit
or a similar tool to bolster the
disaster centric financial resilience
of individuals and households
Execute You are the Help Until
the Help Arrives workshops in
concert with community-based
organizations to bolster individual
preparedness
Target youth preparedness using
FEMA programming such as
EXHIBIT F
Enhancing
Election Security Cybersecurity
Intelligence and
information
sharing
Planning
Long-term
vulnerability
reduction
Situational
assessment
Infrastructure
systems
Safety
and
Security
Physical security planning support
Physical/site security measures –
e.g., locks, shatter proof glass,
alarms, etc.
General election security
navigator support
Cyber navigator support
Cybersecurity risk assessments,
training, and planning
Projects that address
vulnerabilities identified in
cybersecurity risk assessments
Iterative backups, encrypted
backups, network segmentation,
software to monitor/scan, and
endpoint protection
Distributed Denial Of Service
protection
Migrating online services to the
“.gov” internet domain
Enduring Needs
Priorities Core
Capabilities Lifelines Example Project Types
EXHIBIT F
Planning
Planning
Risk management
for protection
programs and
activities
Risk and disaster
resilience
assessment
Threats and
hazards
identification
Operational
coordination
Community
resilience
Safety
and
Security
Development of: Security Risk
Management Plans Threat Mitigation
Plans Continuity of Operations Plans
Response Plans
Efforts to strengthen governance
integration between/among regional
partners
Joint training and planning with DHS
officials and other entities designated
by DHS
Cybersecurity training and planning
Revision of existing plans to strengthen
community resilience in underserved
communities
EXHIBIT F
Training &
Awareness Long-term
vulnerability
reduction
Public information
and warning
Operational
coordination
Situational
assessment
Community
resilience
Safety
and
Security
Active shooter training
Intelligence analyst training
SAR and terrorism indicators/behaviors
training
Security training for employees
Public awareness/preparedness
campaigns
Joint training and planning with DHS
officials and other entities designated
by DHS
Cybersecurity training and planning
Sharing and leveraging intelligence
and information
Targeted outreach and preparedness
training for underserved communities
in conjunction with community-based
organizations
EXHIBIT F
Equipment
& Capital
Projects
Long-term
vulnerability
reduction
Infrastructure
systems
Operational
communications
Interdiction and
disruption
Screening, search
and detection
Access control
and identity
verification
Physical
protective
measures
Safety
and
Security
Protection of high-risk, highconsequence areas or systems that have been identified through risk
assessments
Physical security enhancements
Security cameras (CCTV)
Security screening equipment for
people and baggage
Lighting
Access Controls
Fencing, gates, barriers, etc.
Enhancing Weapons of Mass
Destruction (WMD) and/or improvised
explosive device (IED) prevention,
detection, response and recovery
capabilities
Chemical/Biological/Radiological/
Nuclear/Explosive (CBRNE) detection,
prevention, response, and recovery
equipment
Exercise
Long-term
vulnerability
reduction
Operational
coordination
Operational
communications
Community
resilience
Safety
and
Security
Response exercises, including
exercise planning with communitybased organizations
EXHIBIT F
For FY 2022, each SHSP and UASI recipient is required to submit an Investment Justification (IJ) for the four National Priority Areas with associated minimum spend requirements. Each of these four investments must also account for at least the relevant minimum percentage (12 percent) of the applicant’s SHSP and UASI allocation. State Administrative Agencies (SAAs) may submit complete projectlevel information at the time of application, including the National Priority Area IJs, but are not required to do so. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to achieving target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously support enhanced preparedness for disasters unrelated to acts of terrorism.
DHS/FEMA also requires SHSP and UASI recipients (states, territories, and highrisk urban areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional information on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resources, can be found at https://www.fema.gov/national-preparedness-system.
Detailed information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual.
OPSG Funding Priorities
The table below provides a breakdown of the FY 2022 OPSG funding priority, which remains focused on and unique to border security.
National Priorities
Priorities Core
Capabilities Lifelines Example Project Types
EXHIBIT F
Enhancing information
and intelligence
sharing and analysis,
and cooperation with
federal agencies,
including DHS
Intelligence
and
information
sharing
Safety
and
Security
Participation in the DHS/ICE
287(g) training program
Information sharing with all
DHS components; fusion
centers; other operational,
investigative, and analytic
entities; and other federal law
enforcement and intelligence
entities
Cooperation with DHS officials
and other entities designated
by DHS in intelligence, threat
recognition, assessment,
analysis, and mitigation
Identification, assessment, and
reporting of threats of violence
Joint intelligence analysis
training and planning with DHS
officials and other entities
designated
For FY 2022, each OPSG applicant is required to clearly articulate and identify how the Concept of Operations addresses the national priority identified above.
11. Performance Measures
Performance metrics for this program:
SHSP and UASI:
Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above Percentage of funding and projects allocated by the recipient that align to capability gaps identified through the THIRA/SPR process Percentage of projects identified by the recipient that address a capability gap in a core capability that has a target(s) rated as high
EXHIBIT F
FEMA will calculate and analyze the above metrics through a review of state/territory and urban area SPR submissions and required programmatic reports.
OPSG:
Number of contacts that occurred as a result of OPSG deployments Number of arrests that resulted from OPSG contacts
Value of drug seizures that resulted from OPSG contacts B. Federal Award Information
1. Available Funding
$1,120,000,000
HSGP Programs FY 2022 Allocation
SHSP $415,000,000
UASI $615,000,000
OPSG $90,000,000
Total $1,120,000,000
SHSP Allocations
For FY 2022, DHS/FEMA will award SHSP funds based on DHS/FEMA’s relative risk methodology and statutory minimums pursuant to the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocations or awards.
Each state and territory will receive a minimum allocation under the SHSP using thresholds established in the Homeland Security Act of 2002, as amended. All 50 States, the District of Columbia, and the Commonwealth of Puerto Rico will receive 0.35 percent of the total funds allocated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. Each of the four
EXHIBIT F
territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S.
Virgin Islands) will receive a minimum allocation of 0.08 percent of the total funds allocated for grants under Section 2003 and 2004 of the Homeland Security Act of 2002, as amended.
Each state must include a separate IJ for each of the four National Priority Areas with a minimum spend requirement. All projects related to the minimum spend for the National Priority Area must be included in the IJ. For the National Priority Areas that have a minimum spend percentage requirement, the funding level in each of those National Priority Area investments must equal or exceed the percentage for that respective National Priority Area, calculated as a percentage of the state’s SHSP allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30 percent of the total SHSP allocation.
FY 2022 SHSP Allocations
State/Territory FY 2022
Allocation State/Territory FY 2022Allocation
Alabama
$4,847,500
Montana
$4,847,500
Alaska
$4,847,500
Nebraska
$4,847,500
American Samoa
1,108,000
Nevada
$4,847,500
Arizona
$4,847,500
New Hampshire
$4,847,500
Arkansas
$4,847,500
New Jersey
$7,074,841
EXHIBIT F
State/Territory FY 2022
Allocation State/Territory FY 2022Allocation
California
$57,035,623
New Mexico
$4,847,500
Colorado
$4,847,500
New York
$68,033,267
Connecticut
$4,847,500
North Carolina
$5,085,387
Delaware
$4,847,500
North Dakota
$4,847,500
District of
Columbia
$5,085,387
Northern Mariana
Islands
$1,108,000
Florida
$9,343,905
Ohio
$6,190,947
Georgia
$5,288,656
Oklahoma
$4,847,500
Guam
$1,108,000
Oregon
$4,847,500
Hawaii
$4,847,500
Pennsylvania
$8,136,252
Idaho
$4,847,500
Puerto Rico
$4,847,500
EXHIBIT F
State/Territory FY 2022
Allocation State/Territory FY 2022Allocation
Illinois
$13,894,910
Rhode Island
$4,847,500
Indiana
$4,847,500
South Carolina
$4,847,500
Iowa
$4,847,500
South Dakota
$4,847,500
Kansas
$4,847,500
Tennessee
$4,847,500
Kentucky
$4,847,500
Texas
$18,210,451
Louisiana
$4,847,500
U.S. Virgin Islands
$1,108,000
Maine
$4,847,500
Utah
$4,847,500
Maryland
$7,074,841
Vermont
$4,847,500
Massachusetts
$6,190,947
Virginia
$8,136,252
Michigan
$5,085,387
Washington
$6,190,947
EXHIBIT F
State/Territory FY 2022
Allocation State/Territory FY 2022Allocation
Minnesota
$4,847,500
West Virginia
$4,847,500
Mississippi
$4,847,500
Wisconsin
$4,847,500
Missouri
$4,847,500
Wyoming
$4,847,500
Total
$415,000,000
UASI Allocations
Eligible candidates for the FY 2022 UASI program are identified in the table below.
Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureau at https://www.census.gov/programs-surveys/metromicro.html. THIRA/SPR results do not impact grant allocations or awards.
The following table identifies the UASI allocations for each high-risk urban area based on DHS/FEMA’s relative risk methodology pursuant to the Homeland Security Act of 2002, as amended.
In its application, each high-risk urban area, through the state, must include a separate IJ for each of the four National Priority Areas with minimum spend requirements. All projects related to the minimum spend for the National Priority Area must be included in the IJ. For the National Priority Areas that have a minimum spend percentage requirement, the funding level in each of those National Priority Area investments must equal or exceed the percentage for that respective National Priority Area, calculated as a percentage of the urban area’s
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UASI allocation in the table below. The funding levels across all six National Priority Areas must equal or exceed 30 percent of the total UASI allocation.
FY 2022 UASI Allocations
State/Territory Urban Area FY 2022 UASI Allocation
Arizona Phoenix Area $5,250,000.00
California Anaheim/Santa Ana Area $5,250,000.00
California Bay Area $37,049,000.00
California Los Angeles/Long Beach Area $67,182,000.00
California Riverside Area $3,900,000.00
California Sacramento Area $3,800,000.00
California San Diego Area $16,696,000.00
Colorado Denver Area $3,900,000.00
District of Columbia National Capital Region $51,127,000.00 Florida Miami/Fort Lauderdale Area $14,750,000.00
Florida Orlando Area $3,800,000.00
Florida Tampa Area $3,800,000.00
Georgia Atlanta Area $6,700,000.00
Illinois Chicago Area $67,182,000.00
Indiana Indianapolis Area $1,500,000.00
Louisiana New Orleans Area $1,500,000.00
Maryland Baltimore Area $3,800,000.00
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Massachusetts Boston Area $16,900,000.00
Michigan Detroit Area $5,250,000.00
Minnesota Twin Cities Area $5,250,000.00
Missouri Kansas City Area $1,500,000.00
Missouri St. Louis Area $3,800,000.00
Nevada Las Vegas Area $5,250,000.00
New Jersey Jersey City/Newark Area $18,915,000.00
New York New York City Area $176,599,000.00
North Carolina Charlotte Area $3,800,000.00
Ohio Cincinnati Area $1,500,000.00
Ohio Cleveland Area $1,500,000.00
Oregon Portland Area $3,800,000.00
Pennsylvania Philadelphia Area $16,900,000.00
Pennsylvania Pittsburgh Area $1,500,000.00
Texas Dallas/Fort Worth/Arlington Area $16,900,000.00
Texas Houston Area $24,600,000.00
Texas San Antonio Area $3,800,000.00
Virginia Hampton Roads Area $3,800,000.00
Washington Seattle Area $6,250,000.00
Total $615,000,000.00
OPSG Allocations
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For FY 2022, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The FY 2022 OPSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding under OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies that are located along the border of the United States. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the state’s application as described in Section D, below. The THIRA/SPR process is not required for OPSG.
For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of threats, vulnerabilities, and consequences associated with an incident, event, or occurrence.
Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses.
The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, situational awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.
Threat and vulnerability are evaluated based on specific operational data from DHS/CBP. Threat components present in each of the sectors are used to determine the overall threat score. These components are terrorism, criminal noncitizens, drug trafficking organizations, and noncitizen smuggling organizations.
Effectiveness of the proposed investments will be evaluated based on the recipient’s investment strategy, budget, collaboration, and past performance.
2. Projected Number of Awards
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56 3. Period of Performance
36 months
4. Projected Period of Performance Start Date(s)
September 1, 2022
5. Projected Period of Performance End Date(s)
August 31, 2025
6. Funding Instrument Type
Grant
C. Eligibility Information
1. Eligible Applicants
The SAA is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants.
All 56 states and territories, including any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under SHSP and OPSG through the SAA.
2. Applicant Eligibility Criteria
Eligible high-risk urban areas for the FY 2022 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous MSAs in the United States. Subawards will be made by the SAAs to the designated high-risk urban areas.
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In FY 2022, OPSG eligible subrecipients are local units of government at the county level or equivalent level of government and federally recognized tribal governments in states bordering Canada or Mexico and states and territories with international water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.
In FY 2022, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with international water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county. Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP.
An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee, personnel, official, staff, or leadership of the non-federal entity; and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of application.
Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff, or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient.
3. Other Eligibility Criteria
a. National Incident Management System (NIMS) Implementation Prior to allocation of any federal preparedness awards, recipients must ensure and maintain adoption and implementation of NIMS. The list of objectives used for
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progress and achievement reporting is on FEMA’s website at https://www.fema.gov/emergency-managers/nims/implementation-training.
Please see the Preparedness Grants Manual for more information on NIMS.
B. Emergency Management Assistance Compact (EMAC) Membership In support of the National Preparedness Goal (the Goal), SHSP recipients must belong to, be in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2022 HSGP funding must be readily deployable and NIMS-typed, when possible, to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers.
C. Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25 percent of grant funding appropriated for grants awarded under HSGP’s authorizing statute are used for LETPAs. For FY 2022, DHS/FEMA is requiring that at least 30 percent of grant funding appropriated under HSGP is used for LETPA. DHS/FEMA meets this requirement, in part, by requiring all recipients allocate at least 30 percent of the combined HSGP funds allocated under SHSP and UASI towards LETPAs, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 30 percent LETPA allocation may be met by funding projects in any combination of the six National Priority Areas identified above and any other investments. The 30 percent LETPA allocation requirement is in addition to the 80 percent pass-through requirement to local units of government and tribes, referenced below. The Preparedness Grants Manual includes additional information on project selection considerations and allowable activities for LETPA investments.
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The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or information regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to identify, prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator.
4. Cost Share or Match
There is no cost share or match requirement for the FY 2022 HSGP.
D. Application and Submission Information
1. Key Dates and Times
a. Application Start Date:
May 13, 2022
b. Application Submission Deadline:
June 13, 2022 at 5 p.m. ET
All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of their submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D of this NOFO.
FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may
EXHIBIT F
include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award.
Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means prior to the application deadline and within 48 hours after the applicant became aware of the issue.
A list of FEMA contacts can be found in Section G of this NOFO, “DHS Awarding Agency Contact Information.” For additional assistance using the ND Grants System, please contact the ND Grants Service Desk at (800) 865-4076 or [email protected]. The ND Grants Service Desk is available Monday through Friday, 9:00 AM – 6:00 PM Eastern Time (ET). For programmatic or grants management questions, please contact your Program Analyst or Grants Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at [email protected], Monday through Friday, 9:00 AM – 5:00 PM ET.
c. Anticipated Funding Selection Date:
No later than August 17, 2022
D. Anticipated Award Date:
No later than September 30, 2022
E. Other Key Dates
Event Suggested Deadline for Completion
Obtaining an UEI number Four weeks before actual submission deadline
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Event Suggested Deadline for Completion
Obtaining a valid Employer Identification
Number (EIN)
Four weeks before actual submission
deadline
Creating an account with login.gov Four weeks before actual submission deadline
Registering in SAM or updating SAM
registration
Four weeks before actual submission
deadline
Registering in Grants.gov Four weeks before actual submission deadline
Starting application in Grants.gov One week before actual submission deadline
Submitting the final application in ND Grants By submission deadline
2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award.
3. Address to Request Application Package
See the Preparedness Grants Manual for requesting and submitting an application.
Initial applications are processed through the Grants.gov portal. Final applications are completed and submitted through FEMA’s Non-Disaster Grants (ND Grants) System. Application forms and instructions are available at Grants.gov. To access these materials, go to http://www.grants.gov.
Hard copies of the NOFO can be downloaded at Grants.gov or obtained via email from the Awarding Office points of contact listed in Section G of this NOFO, “DHS Awarding Agency Contact Information” or by TTY (800) 462-7585.
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4. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines.
Please review the table above for estimated deadlines to complete each of the steps listed. Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding.
To apply for an award under this program, all applicants must:
1. Apply for, update, or verify their UEI number and Employer Identification Number (EIN) from the Internal Revenue Service;
2. In the application, provide an UEI number;
3. Have an account with login.gov;
4. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
5. Create a Grants.gov account;
6. Add a profile to a Grants.gov account;
7. Establish an Authorized Organizational Representative (AOR) in Grants.gov;
8. Register in ND Grants
9. Submit an initial application in Grants.gov;
10. Submit the final application in ND Grants, including electronically signing applicable forms; and
11. Continue to maintain an active SAM registration with current information at all times during which they have an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on their immediate and highestlevel owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable.
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Specific instructions on how to apply for, update, or verify a UEI number or SAM registration or establish an AOR are included below in the steps for applying through Grants.gov.
Applicants are advised that FEMA may not make a federal award until the applicant has complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant.
Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting [email protected] and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date.
5. Electronic Delivery
DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity.
For this funding opportunity, FEMA requires applicants to submit initial applications through Grants.gov and a final application through ND Grants.
6. How to Register to Apply through Grants.gov
For information on how to register to apply through Grants.gov, please see the Preparedness Grants Manual.
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7. How to Submit an Initial Application to FEMA via Grants.gov Standard Form 424 (SF-424) is the initial application for this NOFO.
Grants.gov applicants can apply online using a workspace. A workspace is a shared, online environment where members of a grant team may simultaneously access and edit different web forms within an application. For each Notice of Funding Opportunity, applicants can create individual instances of a workspace.
Applicants are encouraged to submit their initial applications in Grants.gov at least seven days before the application deadline.
In Grants.gov, applicants need to submit the following forms:
SF-424, Application for Federal Assistance
Grants.gov Lobbying Form, Certification Regarding Lobbying For further information on how to submit an initial application via Grants.gov, please see the Preparedness Grants Manual.
8. Submitting the Final Application in ND Grants
After submitting the initial application in Grants.gov, eligible applicants will be notified by FEMA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement or, at the latest, seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their applications.
Applicants needing assistance registering for the ND Grants system should contact [email protected] or (800) 865-4076. For step-by-step directions on using the ND Grants system and other guides, please see https://www.fema.gov/grants/guidance-tools/non- disaster-grants-managementsystem.
In ND Grants, applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.10 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) are auto generated in ND Grants, but applicants may access these forms in advance through the Forms tab under the SF-424 family on Grants.gov.
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Applicants should review these forms before applying to ensure they have all the information required.
For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D of this NOFO.
9. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the AOR role who submitted the application in Grants.gov will receive an acknowledgement of receipt and a tracking number (GRANTXXXXXXXX) from Grants.gov with the successful transmission of its initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. Applicants can also view the ND Grants Agency Tracking Number by accessing the Details tab in the submitted workspace section in Grants.gov, under the Agency Tracking Number column. Should the Agency Tracking Number not appear, the application has not yet migrated from Grants.gov into the ND Grants System. Please allow 24 hours for your ND Grants application tracking number to migrate.
All applications must be received in ND Grants by 5:00 PM ET on the application deadline date. Proof of timely submission is automatically recorded by ND Grants.
An electronic date/time stamp is generated within the system when the application is successfully received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.
10. Content and Form of Application Submission
a. Standard Required Application Forms and Information
The following forms or information are required to be submitted in either Grants.gov or ND Grants. The Standard Forms (SF) are submitted either through Grants.gov, through forms generated in ND Grants, or as an attachment in ND Grants. Applicants may also access the SFs at
https://www.grants.gov/web/grants/forms/sf-424-family.html.
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I. GRANTS.GOV
SF-424, Application for Federal Assistance, initial application submitted through Grants.gov
Grants.gov Lobbying Form, Certification Regarding Lobbying, submitted through Grants.gov
II. ND GRANTS
SF-424A, Budget Information (Non-Construction), submitted via the forms generated by ND Grants
For construction under an award, submit SF-424C, Budget Information (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF-424A
To comply with 2 C.F.R. § 200.402 - 2 C.F.R. § 200.405, HSGP applicants must complete and submit an SF-424A or SF-424C, as appropriate, reflecting cost breakdown per budget cost categories per sub-program (SHSP, UASI, OPSG) and Management and Administration costs as applicable to align with the SHSP and UASI allocations and OPSG requests.
The SF-424A or SF-424C with the pre-filled requirements can be found with the HSGP NOFO and associated attachments on grants.gov. Adjustments to the SF-424A or SF-424 C may be required after the FY 2022 OPSG allocations are finalized. GPD Grants Management Specialists will contact applicants for any necessary revisions.
SF-424B, Standard Assurances (Non-Construction), submitted via the forms generated by ND Grants
For construction under an award, submit SF-424D, Standard Assurances (Construction), submitted via the forms generated by ND Grants, in addition to or instead of SF-424B
SF-LLL, Disclosure of Lobbying Activities, submitted via the forms generated by ND Grants
Indirect Cost Agreement or Proposal, submitted as an attachment in ND Grants if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D.13 of this NOFO, “Funding Restrictions and Allowable Costs,” for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be
EXHIBIT F
available or contact the relevant FEMA staff identified in Section G of this NOFO, “DHS Awarding Agency Contact Information” for further instructions.
Generally, applicants have to submit either the non-construction forms (i.e., SF424A and SF-424B) or construction forms (i.e., SF-424C and SF-424D), meaning that applicants that only have construction work and do not have any nonconstruction work need only submit the construction forms (i.e., SF-424C and SF424D) and not the non-construction forms (i.e., SF-424A and SF-424B), and vice versa. However, applicants who have both construction and non-construction work under this program need to submit both the construction and non- construction forms.
b. Program-Specific Required Forms and Information
I. IJ Development: SHSP and UASI
As part of the FY 2022 HSGP application process for SHSP and UASI funds, applicants must develop formal IJs that address the proposed investments. Failure to fulfill all of the terms contained in this section will be considered by DHS/FEMA in its evaluation of the effectiveness of the IJs submitted to meet the minimum percent spend requirement for the National Priority Areas. Failure to sufficiently align projects to the National Priority Areas and meet the minimum percent spend requirement will result in funds being placed on hold until those issues are addressed.
FY 2022 SHSP and UASI applications must include one (1) IJ and at least one (1) respective project for each of the four National Priority Areas with a minimum spend requirement (Soft Targets/Crowded Places, Intelligence and Information Sharing, Countering Domestic Violent Extremism, and Community Preparedness and Resilience) identified in this NOFO. Each of these IJs must also meet or exceed the minimum percent spend requirement based on the applicant’s SHSP and UASI allocation stated in this NOFO. All projects associated with the minimum spend of a National Priority Area must be submitted in the same IJ. SAAs may submit complete project-level information at the time of application but are not required to do so at the time of application. However, any SHSP or UASI application that does not include an IJ for each National Priority Area that meets the minimum spend requirement will have that funding placed on hold (up to the National Priority Area minimum percent and up to 30 percent of the total
EXHIBIT F
SHSP or UASI allocations) until those IJs and project-level details that sufficiently address the National Priority Areas are received and approved by DHS/FEMA.
Each IJ must demonstrate how proposed investments:
Support terrorism preparedness; and
Support closing capability gaps or sustaining capabilities identified in the community’s THIRA/SPR process.
Each IJ must explain how the proposed investments will support the applicant’s efforts to:
Prevent a threatened or an actual act of terrorism;
Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness;
Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
Respond quickly and equitably to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.
If not included in the application, SHSP and UASI recipients must submit complete project-level information for each SHSP and UASI IJ as part of the Biannual Strategy Implementation Report (BSIR) due by January 30, 2023. This includes IJs for the National Priority Areas.
DHS/FEMA will evaluate the effectiveness of the projects submitted in support of the National Priority Areas, either at the time of application or as part of the December 2022 BSIR. DHS/FEMA will not reduce FY 2022 HSGP awards based on the effectiveness review but will work with recipients to ensure compliance with the National Priority Area requirements based on the results of the effectiveness review. Recipients and subrecipients will not be permitted to expend funding under the National Priority Areas until the effectiveness of the proposed projects has been reviewed and confirmed by FEMA.
II. Development of Investments and Projects: SHSP and UASI Applicants must propose at least four and may include up to 12 investments.
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Within each investment, applicants must propose at least one project to describe the activities they plan to implement with SHSP and UASI funds.
There is no limit to the number of projects that may be submitted.
Required National Priority Area IJs must include the name of the priority in the investment name for easy identification.
All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including:
Project name;
Project description;
Subrecipient name, if applicable;
Recipient type (e.g., state or local);
Project location (zip code of the primary location of the project); Primary core capability the project supports;
Whether the project activities are shareable and deployable; and Which National Priority Area (if any) the project supports.
Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPR process.
FEMA encourages states to use any DHS provided assessments, such as those performed by DHS’s Protective Security Advisors and Cybersecurity Advisors, when developing their IJs.
III. National Priority Area Investments: SHSP and UASI
States are encouraged to review the Strategic Framework for Countering Terrorism and Targeted Violence when developing investments.
Soft Targets/Crowded Places (3 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other violent extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent use of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measures. Given the increased emphasis by terrorists and other violent extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the public and private sectors collaborate to