Hawthorne City Council
March 28, 2023

AGENDA ITEM NO. 14

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: City Manager
City Manager: __________
Vontray Norris
SUBJECT:

Adding Mother’s Day Event, Women’s History Month and Women’s Health Resources Fair to the list of City Sponsored Events.

RECOMMENDED MOTION:

The Staff Recommends that the City Council Approves Mother’s Day Event, Women’s History Month and Women’s Health Resources Fair to the List of City Sponsored Events.

DISCUSSION:

During the March 14, 2023 regularly scheduled City Council meeting, Councilwoman Katrina Manning proposed adding three women’s events to the list of City Sponsored Events. The additions to the current list of City Sponsored Events would authorize certain benefits for the three events.

One such benefit is that pursuant to Resolution No. 8368, each City Councilmember can contribute up to $2,000 from the General Fund. Resolution No. 8368 was adopted in June 2022 and increased the budget allocation to $2,000 for each Councilmember to be used only for approved community events. However, it cannot be used for events in which an elected official is a board member of a group that is sponsoring or co-sponsoring the event. If approved, the eligible list of approved events would be as attached Exhibit A.

Another benefit of adding the proposed events to the list of City Sponsored Events is that under the City’s Communication Policy (Resolution No. 8195), the events can be announced through the “Municipally Sponsored Electronic Announcement Site” and “Municipally Distributed Communication.” A summarized definition of the two communication methods are the use of the City’s website, social media, the preparation and distribution of announcements and the use

of the City Seal and letterhead.

FISCAL IMPACT:

The funds required for this project are available in the current fiscal year's adopted budget.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Exhibit A (List of Approved City Sponsored Events)

EXHIBIT A

1. Moneta Gardens Improvement (MGI) Health Fair and 5K Run

2. Kiwanis Fair

3. Movies in the Park – Sponsored by the Holly Park Homeowner’s Association (HPHOA)

4. Del Aire Farmers’ Market

5. Hawthorne President’s Council Holiday Assistance Dinner

6. Hawthorne Education Foundation (HEG) Golf Tournament

7. Service Provider Fair

8. Hawthorne Parks & Recreation Foundation Gold Tournament

9. Earth Day

10. Locks of Love

11. National Night Out (NHHOA)

12. National Night Out (HPHOA)

13. Ramona Neighborhood Picnic (Ramona Homeowner’s Association)

14. American Cancer Society Relay for Life

15. Wiseburn Education Foundation (WEF) Rock Around the Block

16. Hawthorne President’s Council Volunteer Appreciation Day

17. Hawthorne President’s Council K-9 BBQ Dinner

18. Resolve to Rise

19. HEF Family & Pet Extravaganza

20. Veteran’s Day Event in November 2019

21. Wounded Heroes of America Golf Tournament

22. North Hawthorne Picnic

23. Sociedad Jose Marti Cuban Festival

24. Hawthone Historical Society Good Neighbor’s Day

25. Hawthorne Historical Society Holiday Celebration

26. WEF Gourmet Food Truck Fest

27. Board of Equalization – Affordable Housing Symposium

28. St. Joseph’s Fiesta

29. L.A. Charges Community Events

30. North Hawthorne Community Association School Supply Drive

31. Hawthorne Police Dept. Youth League Program

32. New Era Global Organization Event

33. Oktoberfest (Chamber of Commerce)

34. Chamber of Commerce/Hope is Helping Events
a. Thanksgiving Turkey Basket Donation
b. Christmas Gift/Toy Basket Donation
c. Easter Basket Donation
d. Mother’s Day Voucher Donation
e. Golf Tournament

35. Holly Park HOA Pancake Breakfast

36. Holly glen Movies in the Park

37. New Star Family Justice Center Domestic Violence Workshop

38. Senior Citizen Resource Fair

39. My Brother’s Keeper

40. Business Expo

41. Hawthorne Imperial Lions Club Vision Screening Program

42. Hawthorne World Fest

43. Mother’s Day Event

44. Women’s History Month

45. Women’s Health Resources Fair

AGENDA ITEM NO. 15

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: Finance
City Manager: __________
Vontray Norris
City Treasurer: ___________
Marie Poindexter-Hornback
SUBJECT:

City of Hawthorne’s Investment Report for the quarter ended December 31, 2022.

RECOMMENDED MOTION:

Staff recommends that the City Council receive, approve and file the City of Hawthorne’s Investment Report for the quarter ended December 31, 2022 of FY 22-23.

DISCUSSION:

Investment Report for the quarter ended December 31, 2022 is attached. This report indicates the cash and investments held by the reporting entity and the rate of return on the investments.

Because of the seasonal nature of the city’s revenues (thus making short-term availability and liquidity of funds being extremely important), the city has for many years invested its funds with the State of CA administered Local Agency Investment Fund (LAIF). In October 2021, Council approved the investment of an additional $3 million with Multi Bank Securities (MBS) into CD’s using a ladder strategy. This brought the total amount invested with MBS to $9 million. The City Treasurer shall continue this strategy, reinvesting funds that come due into new 3-5 year CD’s.

Cash held by the fiscal agents are for future debt service on bonds, and these funds are invested pursuant to investment agreements entered into when the bonds were originally issued.

Investment report summary December 31, 2022
• Funds held at LAIF $70.6 million with a rate of return @ 2.07% • Funds held at BOW $24.3 million with rate of return @ 2.35% -3.90% • Funds held at MBS totaled $9.1 million with yields of 0.30% - 4.73% • Funds held by the fiscal agents totaled $4,185,154

Investment report summary September 30, 2022
• Funds held at LAIF $70.4 million with a rate of return @ 1.35% • Funds held at BOW $31.7 million with rate of return @ 1.45% - 2.34% • Funds held at MBS totaled $8.8 million with yields of 0.31% - 3.41% • Funds held by the fiscal agents totaled $642,059
Investment report summary June 30, 2022
• Funds held at LAIF $70.3 million with a rate of return @ 0.75% • Funds held at BOW $34.5 million with rate of return @ 0.00% - 0.62% • Funds held at MBS totaled $9 million with yields of 0.30% - 3.27% • Funds held by the fiscal agents totaled $2.1 million
Investment report summary March 31, 2022
• Funds held at LAIF $70.2 million with a rate of return @ 0.32% • Funds held at BOW $24.5 million with rate of return @ 0.08% - 0.14% • Funds held at MBS totaled $9.1 million with yields of 0.30% - 2.39% • Funds held by the fiscal agents totaled $684,612
Investment report summary December 31, 2021
• Funds held at LAIF $13.2 million with a rate of return @ 0.23% • Funds held at BOW $68.4 million with rate of return @ 0.01% - 0.10% • Funds held at MBS totaled $8.7 million with yields of 0.30% - 2.38% • Funds held by the fiscal agents totaled $1.5 million
Investment report summary September 30, 2021
• Funds held at LAIF $13.2 million with a rate of return @ 0.24% • Funds held at BOW $55.1 million with rate of return @ 0.01% - 0.10% • Funds held at MBS totaled $7.1 million with yields of 0.30% - 2.36% • Funds held by the fiscal agents totaled $2.6 million
Investment report summary June 30, 2021
• Funds held at LAIF $13.2 million with a rate of return @ 0.33% • Funds held at BOW $55.1 million with rate of return @ 0.01% - 0.10% • Funds held at MBS totaled $7.1 million with yields of 0.63% - 2.99% • Funds held by the fiscal agents totaled $2.6 million
Investment report summary March 31, 2021
• Funds held at LAIF $13.2 million with a rate of return @ 0.44% • Funds held at BOW $52.3 million with rate of return @ 0.01% - 0.10% • Funds held at MBS totaled $7.1 million with yields of 0.63% - 2.97% • Funds held by the fiscal agents totaled $3.5 million
Investment report summary December 31, 2020

• Funds held at LAIF $13.1 million with a rate of return @ 0.63% • Funds held at BOW $39.3 million with rate of return @ 0.01% - 0.15% • Funds held at MBS totaled $7.1 million with yields of 0.64% - 2.9% • Funds held by the fiscal agents totaled $3.1 million
FISCAL IMPACT:

None. The report describes the City’s investments and rate of return on these investments as of December 31, 2022.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Investment Report December 31, 2022

2. Bank Statements
Printed 3/9/2023 at 9:46 AM

CITY OF HAWTHORNE

INVESTMENT REPORT
Current Quarter Prior Quarter Quarter Change
12/31/2022 9/30/2022
Investment Type Issuer Cost Market Value Rate Cost Market Value Rate Change % Change State investment pool State of California - LAIF 70,642,089 70,642,089 2.07% 70,402,535 70,402,535 1.35% 239,554 0.34% Certificates of deposit/U.S Bonds Multi-Bank Securities, Inc. 9,077,326 9,077,326 0.30% to 4.73% 8,805,741 8,805,741 0.31% to 3.41% 271,584 3.08% Commercial money market Bank of the West 24,307,823 24,307,823 2.35% 31,668,774 31,668,774 1.45% -7,360,951 -23.24% Fidelity money market Bank of the West 4,185,154 4,185,154 3.90% 642,059 642,059 2.34% 3,543,095 551.83% Total Held by City 108,212,393 108,212,393 111,519,110 111,519,110 -3,306,717 -2.97% Funds Held by Fiscal Agent:

Money market funds U.S. Bank 2,191,642 2,191,642 0.00% to 3.74% 3,663,503 3,663,503 0.00% to 2.47% -1,471,862 -40.18% Money market funds - Mogul PartneWells Fargo Bank 147,476 147,476 0.04% 432 432 0.00% 147,044 34041.10% Total Held by Fiscal Agent 2,339,117 2,339,117 3,663,935 3,663,935 -1,324,818 -36.16% In accordance with California Government Code Section 53646, the Treasurer of the City of Hawthorne hereby certifies that the investments reported above comply with the City's adopted Investment Policy and that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the six months.

Printed 3/9/2023 at 9:46 AM
Date of Accrued Cash/Bank Estimated
Purchase Maturity Date Quantity Market Price Market Value Interest Deposits Yield HSBC Bank Nat'l Association 5/7/2020 5/7/2025 247,000 92.7310 229,045.57 475.05 1.40% Flagstar Bank, Troy, MICH 5/29/2020 5/9/2025 247,000 91.4230 225,814.81 173.24 0.87% Kemba Finl Credit Union, SH 10/18/2019 10/18/2024 247,000 95.0660 234,813.02 153.95 1.84% Sallie Mae Bank, Salt Lake City, UT 7/8/2021 7/8/2026 247,000 88.4640 218,506.08 1,191.01 1.13% Texas Exchange Bk, SSB Crowley 10/29/2021 10/29/2026 247,000 87.7710 216,794.37 14.89 1.25% BMW Bk North Amer, Salt Lake City, UT 12/17/2021 12/18/2023 249,000 96.2630 239,694.87 62.08 0.67% Beal Bk USA, Las Vegas, NV 12/22/2021 12/20/2023 249,000 96.1610 239,440.89 36.84 0.62% Capital One Bk, Glenn Allen, VA 11/24/2021 11/25/2024 221,000 93.1360 205,830.56 179.22 0.85% Wells Fargo Bk, West Las Vegas, Nev 1/17/2020 1/17/2023 247,000 99.8950 246,740.65 180.01 1.90% Morgan Stanley Private Bk, Pur, NY 8/1/2019 8/1/2023 247,000 98.7120 243,818.64 2,211.50 2.17% Merrick Bk, South Jordan, UT 1/31/2020 1/31/2024 247,000 96.9520 239,471.44 0.00 1.80% Capital One Bank , McLean, VA 7/31/2019 7/31/2024 247,000 96.4150 238,145.05 2,329.58 2.33% Live Oak Bkg Co., Wilmington, NC 1/24/2020 1/20/2025 247,000 94.6120 233,691.64 375.58 1.95% State Bk India, New York, NY 1/22/2020 1/22/2025 247,000 94.9380 234,496.86 2,192.55 2.10% Enerbank USA, Salt Lake City, UT 3/13/2020 3/13/2025 247,000 92.6830 228,927.01 133.99 1.18% Morgan Stanley, Salt Lake City, UT 6/19/2020 6/19/2025 247,000 91.1340 225,100.98 52.78 0.71% Bank Baroda, NY 7/22/2020 7/22/2025 247,000 90.7000 224,029.00 767.39 0.77% GreenState Cr Un, Iowa SH 3/30/2021 3/30/2026 249,000 88.6030 220,621.47 163.73 0.90% Pentagon Fed Cr Un, Tyson Crn, VA 9/1/2021 9/1/2023 100,000 97.2420 97,242.00 24.66 0.30% UBS Bank Salt Lake City, UT 7/8/2021 7/8/2026 247,000 88.0380 217,453.86 140.08 1.02% Toyota Finl Svgs Bank, Hend, NV 7/22/2021 7/22/2026 247,000 88.1820 217,809.54 1041.46 1.07% Medallion Bk, Salt Lake City, UT 8/30/2021 8/31/2026 100,000 87.4140 87,414.00 0.00 0.97% Industrial & Coml Bk China 1/13/2022 1/12/2024 249,000 95.9720 238,970.28 758.26 0.67% Beal Bk Plano, Texas 1/19/2022 1/17/2024 249,000 95.9710 238,967.79 787.93 0.72% Barclays Bk Del Retail 3/16/2022 3/18/2024 125,000 96.3970 120,496.25 562.67 1.60% Bank Vy Bellwood Neb 1/27/2022 1/27/2026 249,000 90.0390 224,197.11 30.02 1.22% Dept of Comm Fed Cr Un, WAS, DC 5/13/2022 5/13/2027 247,000 94.7120 233,938.64 395.88 3.43% First Natl Bank Amer East Lansing, MICH 5/17/2022 5/17/2027 245,000 94.3030 231,042.35 296.01 3.34% Mountain Amer Fed Cr Un, West Jordan, UT 10/14/2022 10/15/2024 248,000 100.2450 248,607.60 968.22 4.73% Total Certificates of Deposit 6,732,000 6,301,122 15,699 Federal National MTG Assn 7/15/2020 7/15/2025 247,000 90.9070 224,540.29 831.43 0.80% Federal Home LN Bks Cons 1/22/2021 1/22/2026 245,000 89.0670 218,214.15 676.30 0.70% Bank of America Corp 10/30/2020 10/30/2025 500,000 88.1050 440,525.00 625.00 0.85% Federal Home LN Bks Tranche 9/17/2021 9/17/2026 1,000,000 88.5450 885,450.00 3,033.33 1.18% Federal Home LN Bks 12/10/2021 12/10/2024 500,000 93.2370 466,185.00 320.83 1.17% 12/31/2022
Multi - Bank Securities, Inc.

Current Quarter
Printed 3/9/2023 at 9:46 AM
Date of Accrued Cash/Bank Estimated
Purchase Maturity Date Quantity Market Price Market Value Interest Deposits Yield 12/31/2022
Multi - Bank Securities, Inc.

Current Quarter
Federal Home LN Bks Cons 12/30/2021 12/30/2024 500,000 93.0960 465,480.00 0.00 1.18% Total U.S Gov't and Corporate Bonds 2,992,000 2,700,394 5,487 Total Portfolio Holdings 9,724,000.00 9,001,516.77 21,185.47 75,809.01 Printed 3/9/2023 at 9:46 AM
Summary of Cash with Fiscal Agent
Date of Maturity Investment
Purchase Date Coupon Cost Market Value Agreement Rate
City 2016 Certificates of Participation
Money Market Various Daily liquid 0.00% 5.77 5.77 0.00% Total 5.77 5.77 0.00
City 2019 Pension Obligation Bond
Money Market Various Daily liquid 0.00% 1.86 1.86 0.00% Money Market Various Daily liquid 0.00% 0.27 0.27 0.00% Money Market Various Daily liquid 0.00% 3.00 3.00 0.00% Total 5.13 5.13 0.00
S.A 2016 Tax Allocation Refunding Bonds
Money Market Various Daily liquid 3.64% 158.72 158.72 3.64% Money Market Various Daily liquid 3.64% 502.02 502.02 3.64% 660.74 660.74 0.00
CFD 1999-12000 Gateway Center Special Fund
Money Market Various Daily liquid 3.74% 28,082.21 28,082.21 3.74% Money Market Various Daily liquid 0.00% 0.03 0.03 0.00% Money Market Various Daily liquid 3.74% 279,219.75 279,219.75 3.74% Money Market Various Daily liquid 3.74% 139,614.03 139,614.03 3.74% Money Market Various Daily liquid 3.74% 80,850.94 80,850.94 3.74% Money Market Various Daily liquid 0.00% 0.00 0.00 0.00% Money Market Various Daily liquid 0.00% 0.05 0.05 0.00% Money Market Various Daily liquid 3.74% 56,754.31 56,754.31 3.74% Money Market Various Daily liquid 3.74% 2,103.07 2,103.07 3.74% Total 586,624.39 586,624.39 0.00
CFD 1999-12010 Gateway Center
Money Market Various Daily liquid 3.74% 3,738.91 3,738.91 3.74% Money Market Various Daily liquid 3.74% 2,897.16 2,897.16 3.74% Money Market - Reserve Fund Various Daily liquid 3.74% 1,303,681.98 1,303,681.98 3.74% Current Quarter
12/31/2022
Printed 3/9/2023 at 9:46 AM
Summary of Cash with Fiscal Agent
Date of Maturity Investment
Purchase Date Coupon Cost Market Value Agreement Rate
Current Quarter
12/31/2022
Total 1,310,318.05 1,310,318.05 0.00
CFD 2004-12005 Fusion at South Bay
Money Market Various Daily liquid 3.74% 449.48 449.48 3.74% Money Market - Reserve Fund Various Daily liquid 3.74% 268,576.34 268,576.34 3.74% Total 269,025.82 269,025.82 0.00
CFD 2006-12020 360 Degrees at South Bay
Money Market Various Daily liquid 0.00% 1.20 1.20 0.00% Money Market Various Daily liquid 3.40% 25,000.42 25,000.42 3.40% Money Market Various Daily liquid 0.00% 0.05 0.05 0.00% Total 25,001.67 25,001.67 0.00
Total 2,191,642 2,191,642 0
Printed 3/9/2023 at 9:46 AM
Wells Fargo Bank - Mogul Partners
Current Quarter
12/31/22
Unrealized Accrued Net Interest Ending Market Estimated Cost Value Market Value Gain/Loss Income Collected Value Yield Wells Fargo Bank - Money Market 147,475.88 147,475.88 0.00 113.41 66.10 147,475.88 Total Cash Investments 147,475.88 147,475.88 0.00 113.41 66.10 147,475.88 0.04%

LAIF Regular Monthly Statement Page 1 of 1
January 09, 2023 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
LAIF Home
PMIA Average
Monthly Yields

CITY OF HAWTHORNE

CITY TREASURER
4455 W. 126TH STREET
HAWTHORNE, CA 90250
Tran Type
Definitions
December 2022 Statement
Account Summary
Total Deposit: 0.00 Beginning Balance:

0.00 Ending Balance:
70,642,089.29
Total Withdrawal: 70,642,089.29
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/9/2023

AGENDA ITEM NO. 16

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: City Manager
City Manager: __________
Vontray Norris
SUBJECT:

Employment Agreement Between Chief Gary Tomatani and City of Hawthorne RECOMMENDED MOTION:

Approve Police Chief Employment Agreement Between City of Hawthorne and Gary Tomatani.

DISCUSSION:

Interim Chief Gary Tomatani was appointed in January of 2023, succeeding Chief Michael Ishii, who served as the Police Chief from 2018 until 2022. Mr. Tomatani has assumed a Department with 160 employees. Mr. Tomatani prides himself on identifying and implementing innovative ideas to improve public safety services in the City and throughout the region. Mr. Tomatani was hired by the Hawthorne Police Department in 1994. He has worked various assignments throughout his career, including Patrol, Special Enforcement Team, School Resource Officer, Crime Free Multi-Housing, Traffic Bureau Commander, Patrol Watch Commander, Detective Bureau Commander, and Administration. He was promoted to Sergeant in 2002, Lieutenant in 2007, and Captain in 2019. As a captain, he oversaw the Administrative Services Division. Since his appointment, Mr. Tomantani has shown dedication and leadership.

Interim Chief Tomatani received a BA from UC Irvine and a MA from CSUDH. He is a member of the International Association of Chiefs of Police, the California Police Chiefs Association, and the National Association of Asian American Law Enforcement Commanders.

FISCAL IMPACT:
$174,840 annual salary
NOTICING PROCEDURES:

72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Employment Agreement
Chief of Police Employment Agreement 2023 - 2026

EMPLOYMENT AGREEMENT FOR THE CHIEF OF POLICE
This Employment Agreement (Agreement) is made and entered into by and between the City of Hawthorne, California (City), a municipal corporation, and Gary Tomatani (Tomatani) in order to secure the services of Tomatani as Chief of Police Services (Chief).

City wishes to continue employment of Tomatani as Chief in accordance with the applicable provisions of the Hawthorne Municipal Code and as otherwise provided by law.

Tomatani wishes to continue employment as Chief and is willing to do so under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the above recitals and of the mutual promises and covenants contained herein, City and Tomatani agree as follows:

Section 1. DUTIES
City agrees to employ Tomatani as Chief of Police Services of City. Tomatani will perform such functions and duties as Chief as currently specified by the City and incorporated herein by this reference and will perform other legally permissible and proper duties and functions as required by law and as the City Manager shall from time to time assign. Tomatani agrees to perform all such functions and duties to the best of his abilities.

Section 2. TERM
(A) This Agreement shall be in full force and effect for a period beginning upon its formal City adoption date, March 28, 2023, and terminating as of March 28, 2026, unless extended or terminated prior thereto as otherwise provided for herein. (B) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of Tomatani at any time, subject only to the provisions set forth in Section 4 of this Agreement.
(C) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Tomatani to retire or resign at any time from his position as Chief with the City, subject only to the provisions set forth in Section 4 of this Agreement. (D) Nothing in this section shall preclude the termination of this Agreement by mutual consent of both the City and Tomatani.
(E) Nothing in this section shall preclude the City and Tomatani from extending the term of this Agreement beyond its termination date under mutually agreed upon terms and conditions which must be reduced to writing and signed by the City and Tomatani.

Chief of Police Employment Agreement 2023 - 2026
Section 3. AT-WILL EMPLOYMENT STATUS
The Chief’s employment is at-will.

Section 4. TERMINATION OF AGREEMENT
(A) In the event that the City terminates this Agreement without cause prior to June 30, 2023, then Tomatani shall be entitled to severance pay of a lump sum payment equal to his monthly salary (which includes the bonuses and premium pay provided each month) multiplied by the number of months left on the unexpired term of this Agreement, not to exceed six (6) months, as provided in California Government Code section 53260. The lump sum payment shall be payable within thirty (30) days of the date of termination. This severance pay shall be in addition to any cash out of unused vacation leave or sick leave due to Tomatani upon his severance from City service as provided in section 12 below. Tomatani shall not be entitled to severance should he resign or return to the City’s classified civil service. (B) In the event that City terminates the Agreement for cause, the City shall not be obligated to make any severance payment. For cause, for the purposes of this section, shall mean conviction of a felony or conviction of a crime involving moral turpitude or for causes specified in section 2.52.010 of the Hawthorne Municipal Code. Allegations involving good cause entitle Tomatani to the protections provided by California Government Code section 3300, et. seq.

Tomatani shall be entitled to appeal any such discharge by requesting an evidentiary hearing before an independent hearing body selected by mutual agreement of the parties or, if the parties are unable to agree, a professional hearing officer selected by mutual agreement from a list provided by the State Mediation and Conciliation Service. The City shall bear the burden of establishing by a preponderance of the evidence that Tomatani has been terminated for cause within the meaning of this Agreement. Costs of the hearing shall be split between the City and Tomatani. If the hearing officer determines that the City did not have cause for termination within the meaning of this Agreement, Tomatani will be entitled to severance pursuant to the provisions of section 4(A).
(C) Tomatani may, at any time during the term of the Agreement, resign from his position of Chief with the City upon written notice. Should he do so, City will not be under any obligation to pay severance benefits. However, Tomatani will be entitled to cash out of any accrued and unused vacation, compensatory or sick leave due to him as provided in section 11 below. (D) Should City terminate the Agreement without cause, it shall give Tomatani 45 days’ written notice.

Section 5. BARGAINING UNIT APPLICABLE TO TOMATANI.

Tomatani has chosen to exercise his rights pursuant to California Government Code section 3508(a) to not be included in any bargaining unit not comprised solely of sworn peace officers. Therefore, as Chief he will not be included in the unit of representation currently represented by the Hawthorne Executive Group and will not be covered by the terms of any Memorandum of Understanding (MOU) entered into between the Hawthorne Executive Group and the City.

Chief of Police Employment Agreement 2023 - 2026
For the purposes of California Government Code section 20636(c)(2), City and Tomatani agree that “special compensation” as provided in section 20636 shall be limited to those pay items which are received by sworn peace officer managers included in the unit of representation currently represented by the Hawthorne Police Management Supervisory Group (HPMSG). City and Tomatani further agree that this unit of representation is made up of similarly situated members in the closest related group or class to the Chief.

Except as otherwise provided herein, Tomatani shall be entitled to all compensation and benefits which are received by the employees represented by the HPMSG including, but not limited to, those included in the MOU between the City and HPMSG for as long as Tomatani is a sworn employee of the City. In the event that this agreement conflicts with or supplements the HPMSG compensation and benefits, Tomatani shall receive the benefits set forth in this agreement. The City shall not reduce Tomatani’s compensation and benefits regardless of reductions to the compensation and benefits of the HPMSG. Tomatani shall be entitled to any increases in such compensation and benefits provided to the HPMSG.

Section 6. SALARY
Tomatani’s base salary will be $15,000 per month. For each year, if Tomatani’s contract is not terminated, he shall be entitled to an increase in pay by the lesser of five percent (5%) of his then base salary or the cost-of-living adjustment for the respective year. (A) Salary will be payable bi-weekly.
(B) Tomatani understands that as Chief of Police Services he is a department head and a salaried executive employee exempt from coverage under the U.S. Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., and as such is not eligible for overtime compensation for hours worked in excess of 40 in any week.

Section 7: EDUCATIONAL INCENTIVE AND MANAGEMENT

DEVELOPMENT PAY
Tomatani shall be entitled to the educational incentive pay for each rank as covered by the Memorandum of Understanding between the City and the HPMSG which provides in pertinent part as follows:
“Effective June 30, 2012, those employees classified as Police Sergeant, and Police Lieutenant who achieve a Bachelor’s Degree shall receive $275 per month or 3% of base salary per month, whichever is greater.”
“Effective June 30, 2012, those employees classified as Police Captain, Police Lieutenant, and Police Sergeant who achieve a Master’s Degree shall receive $550 per month or 3% of base salary per month, whichever is greater.” “Effective July 1, 2017, the monthly limit for the Educational Achievement/Incentive Pay will be $800.”
Chief of Police Employment Agreement 2023 - 2026
This Educational Incentive Pay shall be reported to CalPERS as special compensation and therefor compensation earnable, in accordance with California Government Code Section 20636(c)(2) and California Code of Regulations Section 571(a)(2).

Tomatani shall receive the same additional pay increments for Management Development provided in the Memorandum of Understanding entered into between the City and HPMSG (Article 10). In addition, Tomatani shall be entitled to a four (4) percent pay incentive for the completion of the California Police Chiefs Executive Development Certificate Program. As is the case with employees covered by the HPMSG Memorandum of Understanding, this pay shall be reported to CalPERS as special compensation, and therefore compensation earnable, pursuant to California Government Code Section 20636(c)(2) and California Code of Regulations Title 2, section 571(a)(1)
Section 8. USE OF CITY OWNED VEHICLE
Tomatani shall continue to be provided with a City-owned, take home vehicle, including maintenance and gasoline, for his full use without restriction.

Section 9. PHYSICAL FITNESS INCENTIVE
Tomatani will be eligible for participation in the City’s physical fitness incentive program to include a personalized program for exercise and follow-up workshops. He shall also be eligible for the same incentives currently provided in the Memorandum of Understanding entered into between the City and the HPMSG. This Physical Fitness Pay shall be reported to CalPERS and special compensation, and therefore compensation earnable, pursuant of California Government Code Section 20636(c)(2) and California Code of Regulations Section 571(a)(1) Section 10. RETENTION PAY
Tomatani has completed 25 years of service with the City, and will continue to receive retention pay in amount equal to 11% of base salary. The retention pay shall be reported to CalPERS and special compensation, and therefore compensation earnable, pursuant of California Government Code Section 20636(c)(2) and California Code of Regulations Section 571(a)(1) Section 11. PAID LEAVE BENEFITS
Tomatani shall be entitled to the same Holiday, Vacation, Compensatory, Floating Holiday, Sick Leave, Bereavement Leave and other paid leave benefits currently received and provided in the Memorandum of Understanding entered into between the City and the HPMSG.

In addition, since Tomatani was a captain at the time he was appointed Chief of Police, Tomatani shall be entitled to accrue 40 hours of administrative leave per year, which is the same benefit allotted Captains under the current HPMSG MOU.

Chief of Police Employment Agreement 2023 - 2026
Section 12. EMPLOYEE/DEPENDENT HEALTH, DENTAL, LONG TERM DISABILITY, LIFE INSURANCE, AND VISION INSURANCE.
(A) Health Insurance. Tomatani shall be entitled to select a health insurance plan offered under the Public Employees Retirement System Health Plans. Regardless of the plan chosen by Tomatani, the City shall pay all premium amounts as they from time to time exist, which are in excess of the following amounts which are to be paid by Tomatani:

Employee Only $0.00 per pay period
Employee + One Dependent $6.53 per pay period
Employee + Two Dependents $11.07 per pay period
(B) Dental Insurance. Tomatani shall be entitled to enroll in the dental insurance plan(s) made available by the City. Regardless of the plan chosen, the City shall pay all premium amounts as they from time to time exist, which are in excess of the following amounts which are to be paid by Tomatani:

Employee Only $0.00 per pay period
Employee + One Dependent $6.77 per pay period
Employee + Two Dependents $12.12 per pay period
(C) Life Insurance and Long Term Disability Insurance.
(1) The City shall provide Tomatani with a term life insurance policy of $50,000 at a cost to the City not to exceed $16.00 per month. Additional life insurance may be purchased at Tomatani’s own expense.
(2) In conjunction with the term life insurance policy, the City shall also provide Tomatani with an accidental death & dismemberment insurance policy of $50,000 at a cost to the City not to exceed $2.00 per month.
(3) The City shall provide Tomatani with a long term disability plan, at a cost to the City not to exceed $32.00 per month.
(D) Managed Health Network. The City shall make the outpatient element of the Managed Health Network available to Tomatani and all qualified dependents at City cost. (E) Medical Examination. Tomatani shall be given a complete medical examination at City expense each thirty-six (36) month period. Tomatani shall be entitled to an influenza vaccination annually.
(F) Optical Insurance. The City shall provide Tomatani with an optical plan provided by the Vision Service Plan (VSP) for Tomatani and his dependents, at a cost to the City not to exceed $16.00 per month. Tomatani shall be responsible for payment of any cost in excess of $16.00 per month.
(G) The above benefits in subsections (A) through (F) shall not be subject to reduction, but Tomatani shall be entitled to any increases in such benefits provided to members of the HPMSG.

Chief of Police Employment Agreement 2023 - 2026
Section 13. RETIREMENT BENEFITS
(A) PERS Pick-Up. The City shall pay the entire nine percent (9%) portion of Tomatani’s contribution to PERS. Said contribution shall be designated as ‘Employee Contribution’.

The City has adopted and implemented a Resolution pursuant to California Government Code Section 20636(c)(4) and Government Code Section 20691, by which the City shall report to PERS as compensation earnable the City’s payment (i.e. pick-up) of the employee’s share of the PERS contribution, pursuant to section 414(h)(2) of the Internal Revenue Code, as described above.
(B) 3% at 50 Plan. As a ‘Classic Member’, the City shall continue to provide Tomatani with the Public Employees Retirement System (PERS) 3% at 50 plan and specified optional public agency contract provisions.
(C) Optional Contract Provisions. The City shall provide the following optional contract provisions:

1. One-year highest compensation (Section 20042)

2. Military service credited as public service (Section 21024)

3. 1959 Survivors Benefit (Section 21573)

4. Post-retirement survivor allowance to continue after remarriage (Section 21635)

5. Pre-retirement death benefit (Section 21548)

6. Continuance of death benefits after re-marriage (Section 21551) (D) Retiree Health Insurance.
(1) If Tomatani retires and meets the minimum requirements listed below, he shall receive at the City’s expense paid health insurance for himself and his dependent spouse. To be eligible for this benefit, Tomatani must actually be receiving retirement benefits from PERS.

Minimum Requirements:

A. 20 years of service in the Hawthorne Police Department B. Age 50 years at the time receipt of benefits commences. (2) Tomatani shall be covered by this provision as long as he is eligible for PERS health insurance coverage.
(3) If Tomatani retires from this City with less than the minimum requirements specified in Section 13 (D)(1), he shall be offered the opportunity to continue his participation in the Group Health Insurance (PERS) in effect at the time. The City agrees to contribute $136.00 dollars toward this premium per month. Tomatani shall be responsible for any remaining premium cost.
(4) Section 13 (D) (1&3) notwithstanding, retirees and dependents shall continue to receive the same health insurance benefits and at the same cost as active employees, until such time as California law allows municipalities to use minimum vesting (service time) as a requirement to receive such benefits.

Chief of Police Employment Agreement 2023 - 2026
Section 14. PROFESSIONAL DEVELOPMENT
City will pay for travel and subsistence expenses of Tomatani for professional and official travel, meetings, and occasions adequate to continue the professional development of Tomatani and to adequately pursue necessary official functions for the City, including but not limited to meetings of the International Association of Chiefs of Police and California Police Chiefs Association, the Los Angeles County Police Chief’s Association, LA IMPACT, and membership dues for these and other such national, regional, state and local governmental groups and committees which Tomatani serves as a member, committee-appointee, etc., subject to the City budget and as approved by the City Manager. City will also pay for travel and subsistence expenses of Tomatani for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City as approved by the City Manager.

Section 15. DEFERRED COMPENSATION
Tomatani may elect to participate in the deferred compensation plan currently covering other City employees.

Section 16. INDEMNIFICATION AND DEFENSE
City agrees that it will defend, hold harmless, and indemnify Tomatani from any and all demands, claims, suits, actions and legal proceedings brought against him in his official capacity as Department Head, agent, and employee of City, or for any acts, errors or omissions in his personal capacity arising out of the scope and duration of his employment with the City subject to the requirements of the California Government Code and as otherwise permitted by law. This provision shall survive any termination or resignation of Tomatani or the expiration of this Agreement.

Section 17. NOTICES
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, first class mail, postage prepaid, addressed as follows:

If to the City: Vontray Norris, City Manager
City of Hawthorne
4455 West 126th Street
Hawthorne, CA 90250
If to Tomatani: Gary Tomatani, Chief of Police Services c/o City of Hawthorne Police Department
12501 S. Hawthorne Boulevard
Hawthorne, CA 90250
Chief of Police Employment Agreement 2023 - 2026
Section 18. GENERAL PROVISIONS

1. This Agreement shall constitute the entire agreement between the parties as to the subject matter herein and all other prior agreements, arrangements or understandings, oral or written, are merged into and superseded by the terms of this Agreement. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by the parties.

2. If any provision or other portion of this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and effect.

3. The Agreement may be signed in counterparts.

4. The Agreement will become effective as soon as signed and executed by the City Manager and Tomatani, adopted by the City Council and signed and executed by the Mayor of the City.

5. The City shall take all necessary action to effectuate this Agreement including, but not limited to compliance with California Code of Regulations Section 571.

CITY OF HAWTHORNE
By
ALEX VARGAS, Mayor
By
VONTRAY NORRIS, City Manager
By
GARY TOMATANI, Chief of Police
Approved as to form:

Dated:

Dated:

Dated:

ROBERT KIM, City Attorney
Dated:

AGENDA ITEM NO. 17

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: City Manager
City Manager: __________
Vontray Norris
SUBJECT:

Contract with the South Bay Workforce and Investment Board for the City’s Unhoused Employment Program.

RECOMMENDED MOTION:

Staff recommends that City Council approve the contract with the South Bay Workforce and Investment Board for their consultation on the city’s Unhoused Employment Program.

DISCUSSION:

The South Bay Workforce and Investment Board (SBWIB) will provide classroom training, job support services, and paid work experience opportunities to participants in the Unhoused Employment Program. The SBWIB will provide ten paid positions for ten weeks at $16.04 per hour, including taxes and workers' compensation insurance. Another five participants will receive classroom training at an average cost of $4,000 per participant, customized to their unique needs.

This partnership represents a significant step forward in the city's efforts to provide comprehensive support to unhoused individuals, leveraging the SBWIB's expertise and resources to give participants the best chance of securing stable employment.

The City of Hawthorne looks forward to providing a program to eliminate barriers for the unhoused population searching for employment in the City of Hawthorne.

FISCAL IMPACT:
$100,000 American Rescue Plan Act
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act

ATTACHMENT(S):

1. Agreement
Agreement No. __________

PROFESSIONAL SERVICES AGREEMENT

BETWEEN
SOUTH BAY WORKFORCE INVESTMENT BOARD, INC. AND

THE CITY OF HAWTHORNE
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into this 1 st day of April
2023, by and between the South Bay Workforce Investment Board, Inc., (SBWIB, Inc.) a California non-profit public benefit corporation, hereinafter referred to as “CONTRACTOR” and the City of Hawthorne, a general law city and municipal corporation, hereinafter referred to as “CITY”.

REICITALS
A. The CITY desires to engage CONTRACTOR to perform the services as described in Exhibit A of this Agreement.

B. The CONTRACTOR possesses the competence, experience, expertise, skill, facilities, equipment, personnel, financial wherewithal, and other resources necessary to perform properly and timely the services required by CITY under this Agreement.

C. CONTRACTOR desires to furnish and perform professional services for CITY, on the terms and conditions described in this Agreement.

AGREEMENT
NOW THEREFORE, in consideration of the recitals and mutual obligations provided herein, the parties hereto agree as follows:

1. DUTIES OF CONTRACTOR
CONTRACTOR shall provide services to the best of its professional ability in connection with the City of Hawthorne’s Un-housed Program and outlined in Exhibit A, Statement of Work. 2 2. DUTIES OF CITY.

CITY shall provide CONTRACTOR with such information as is possessed by CITY and is normally supplied to a CONTRACTOR performing such services.

3. TERM OF AGREEMENT
The term of the Agreement commenced on April 1, 2023, and ends on March 31, 2024, unless it is earlier terminated or amended according to the terms and conditions of this Agreement. Due to the need for CONTRACTOR’s services to be provided upon commencement of the Term, CONTRACTOR may have provided services prior to the execution of this Agreement. To the extent that such services were performed in accordance with the terms and conditions of this Agreement, those services are hereby ratified and accepted.

4. COMPENSATION
CONTRACTOR agrees it shall be entitled to compensation hereunder only upon completion of services described in Exhibit A, Statement of Work, attached hereto and incorporated herein as though set forth in full. Such compensation shall be payable in accordance with payment guidelines.

Compensation is retroactive to the first date of this term.

CONTRACTOR shall be compensated for identified personnel to perform and complete work on this project in accordance with Exhibit B, Fee Schedule, attached hereto and incorporated herein as though set forth in full. CONTRACTOR shall submit monthly invoices for work completed in the prior month. The total amount of this agreement shall not exceed $100,000.00. CONTRACTOR shall not be reimbursed for any out-of-pocket expenses unless pre-approved in writing by CITY.

CONTRACTOR shall be responsible for billing the CITY. for services provided. CITY shall process the billing as received and issue payment within 45 days after it is received as specified in Exhibit B, Fee Schedule, attached hereto and incorporated herein as though set forth in full. 3 5. SUPPORTING RECORDS
Records shall be maintained by the CONTRACTOR on a current basis to support billing under this Agreement for a period of three years after the expiration, cancellation, or termination of this Agreement, or any extension of it for purposes of audit by CITY or its authorized representatives. Records shall be kept and maintained in original form, all records, books, papers, or documents related to CONTRACTOR’s performance of this Agreement.

6. INSURANCE REQUIREMENTS
CONTRACTOR shall provide and maintain during the term of Agreement, insurance as follows:

A. General Liability Coverage. CONTRACTOR shall maintain commercial liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage.

B. Professional Liability. CONTRACTOR shall maintain professional errors and omission coverage in an amount of not less than one million dollars (($1,000,000 for protection against claims alleging negligent acts, errors, or omission which may arise from operations under this Agreement.

C. Worker’s Compensation and Employees Liability (if applicable) in accordance with California State Compensation laws.

D. Automobile Liability Coverage. If a CONTRACTOR in conducting activities under this Agreement, uses motor vehicles, the CONTRACTOR shall maintain automobile liability insurance covering for bodily injury and property damage for all activities performed under this Agreement in an amount of not less than one million dollars ($1,000,000) for combined single limit coverage.

E. Endorsements. Each general liability, professional liability and automobile liability insurance policy shall be issued by a financially responsible insurance company admitted and authorized to do business in the State of California, and shall be endorsed and include CITY, its elected or appointed officers, officials, employees, agents and volunteers as the additional named insured.
4 F. Self-Insured. Notwithstanding the insurance required above, CITY at its own option, may accept as an equivalent for any such coverage, evidence of an on-going program of self-insurance together with excess coverage. Said equivalent, in order to satisfy the requirements herein contained, shall be subject to approval of the CITY Attorney.

7. INDEPENDENT CONTRACTOR
The PARTIES understand, agree, and acknowledge the CONTRACTOR is an independent contractor. CONTRACTOR is not an employee, partner, agent, or principal of CITY. This Agreement does not create a partnership, joint venture, association, or employer-employee relationship between the PARTIES. At its own expense, CONTRACTOR is responsible for providing compensation (including prevailing wage laws); employment benefits; disability, unemployment, and other insurance; workers’ compensation; training’ permits and licenses; and office space for CONTRACTOR and for CONTRACTOR’s employees and Subcontractors, if any. CONTRACTOR has, and shall retain, the right to exercise full control over the employment, direction, compensation, and discharge of all personnel whom CONTRACTOR uses in performing services under this agreement.

8. HOLD HARMLESS
CITY and CONTRACTOR agree to defend, indemnify and hold harmless each other against any and all liability, expenses and claims arising from their respective acts or omissions, including attorney’s fees and costs, in connection with the services to be rendered under this agreement. CITY shall be responsible for damages caused by the negligence of its directors, officers, employees, and duly authorized volunteers occurring in the performance of this agreement. CONTRACTOR shall be responsible for damages caused by the negligence of its directors, officers, employees and duly authorized volunteers occurring in the performance of this agreement. It is the intention of CITY and CONTRACTOR that the provision of this paragraph be interpreted to impose on each party responsibility for the negligence of their respective directors, officers, employees and duly authorized volunteers.

CITY and CONTRACTOR by this Agreement shall not assume any liability nor shall they be liable for the negligent or wrongful acts or omissions or for any indebtedness or obligations of the other party 5 attributable to the services required to be performed or caused by the disbursement and use of funds under this Agreement.

9. FINDINGS CONFIDENTIAL
All of the reports, findings, and conclusions prepared or assembled by CONTRACTOR under this Agreement are confidential and CONTRACTOR agrees that they shall not be made available to any individual or organization without prior written approval by the CITY, except as otherwise permitted by law. CONTRACTOR hereby relinquishes any proprietary interest, which it may have in any results obtained as consequence of this Agreement and further agrees that all reports and findings shall become the property of the CITY.

10. AUTHORITY / MODIFICATION
The PARTIES represent and warrant that all necessary action has been taken by the PARTIES to authorize the undersigned to execute this Agreement and to engage in the activities described herein. This Agreement bay be modified by written amendment with authorized signatures of all parties to the Agreement.

11. TERMINATION
This agreement may be canceled by either party with or without cause upon thirty (30) calendarday advance notice in writing prior to the effective date of such termination, which shall be specified in the notice. In the event of termination by CITY, CONTRACTOR shall deliver to CITY all documents, files, and records or copies belonging to CITY as soon as practicable after receiving notice of termination.

12. NOTICES
Any notices given pursuant to this Agreement shall be deemed received and effective when properly emailed or addressed, posted, and deposited in the United States mail addresses to the respective parties as follows:

City of Hawthorne SBWIB, Inc. (Contractor)
Vontray Norris, City Manager Jan Vogel, Chief Executive Officer City of Hawthorne South Bay Workforce Investment Board, Inc. 4455 W. 126th Street 11539 Hawthorne Blvd., 5th Floor
Hawthorne, CA 90250 Hawthorne, CA 90250
[email protected] [email protected]
6 13. NON-ASSIGNABILITY
CONTRACTOR shall not assign any interest in this Agreement and shall not transfer any interest in the same whether by assignment or novation without prior written approval of CITY.

14. CHANGES, AMENDMENTS AND MODIFICATIONS
No changes, amendments, or modifications to this Agreement shall be effective unless in writing and signed by the parties hereto.

15. LITIGATION EXPENSES
In the event of any litigation, arbitration or other dispute arising as a result of or by reason of this Agreement, the prevailing party in such litigation, arbitration or other dispute shall be entitled to, in addition to any other damages assessed, its reasonable Attorney’s fees and all related costs. The Attorney’s fee, which the prevailing party is entitled to recover, shall include fees for prosecuting or defending any appeal and shall be awarded for any supplemental proceedings until the final judgment is satisfied in full. In addition to the foregoing award of Attorney’s fees to the prevailing party, the prevailing party in any lawsuit or arbitration procedure on this Agreement shall be entitled to its reasonable Attorney’s fee incurred in post judgment proceedings to collect or enforce the judgment.

This Attorney’s fees provision is separate and shall survive the merger of this Agreement into any judgment.

16. FORCE MAJEURE
Force Majeure. If the performance of this Agreement or of any obligation hereunder is materially prevented, restricted, or interfered with by reason of fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, epidemic, or other casualty or accident; strikes or labor disputes; inability to procure raw materials, equipment, power or supplies; any law, order, proclamation, regulation, ordinance, demand, or requirement of any government agency or intergovernmental body other than a party hereto, or any other act or conditions beyond the reasonable control of the parties herein continues to hinder the delivery of services beyond the period of performance or reasonableness to extend this Agreement; the party whose performance is prevented 7 shall notify in writing to the other party, shall terminate without cause or non-performance obligation under this Agreement.

17. CERTIFICATIONS
A. Debarment and Suspension Certification: By signing this Agreement, PARTIES hereby certify under penalty of perjury under laws of the State of California to comply with regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR, Part 98, Section

98.510, and its principals, to the best of their knowledge and belief:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this proposal 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; commission of embezzlement, theft, forgery, bribery, falsification; destruction of records; making false statements; or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 2 of this certification;

4. Have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default.

5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement.
8 B. Drug Free Workplace Compliance: By signing this Agreement the PARTIES hereby warrant and certify that it shall comply with the California Drug-Free Workplace Act of 1990 (Cal. Gov.

Code Section 8350 et seq.), as amended, including provision of the requisite certification as set forth therein; and the federal Drug-Free Workplace Act of 1998, including its implementing regulations (29 CFR Part 98, commencing with 98.600).

C. Non-Discrimination in Employment: PARTIES shall not discriminate against any employee or person who is subject to this Agreement on the basis of race, color, ancestry, national origin, religion, creed, age, disability (mental or physical), sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, or military or veteran status.

Failure to comply with these requirements may result in suspension of payments under the agreement or termination of the agreement, or cancellation of the purchase order, or all that may apply.

19. COPYRIGHT/PATENT RIGHTS IN DATA
CONTRACTOR agrees to grant the CITY, and, as required pursuant to the Federal and State governments a royalty-free, nonexclusive and irrevocable license to publish, copy, translate or use, now and hereafter, all materials, data, films, tapes, etc., developed under this Agreement including those covered by copyright. The CITY and, as required pursuant to the Federal and State governments, reserve the right to authorize others to use or reproduce such materials. Further, the CITY, as required pursuant to the Federal and State governments shall have access to any report, preliminary findings or data assembled by CONTRACTOR under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement or as provided in 29 CFR 97.34 AND 97.36(i) (8), (9).
9 20. ENTIRE AGREEMENT
This Agreement and the documents attached hereto and referred to herein contain all the terms and conditions applicable to the parties and supersedes all oral negotiations and prior writing, with respect to the subject matter hereof. In the event of any such conflict between the terms, conditions and provisions of this Agreement and any such agreement, document or instrument; the terms, conditions and provisions of this Agreement shall prevail.
10 IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date and year first above written.

SOUTH BAY WORKFORCE INVESTMENT BOARD, INC.

Signature: ______________________________________
Name: Jan Vogel
Title: Chief Executive Officer

CITY OF HAWTHORNE
_____________________________________
Vontray Norris, City Manager
APPROVED AS TO FORM:
_________________________
Robert M. Kim, City Attorney
11 EXHIBIT A

STATEMENT OF WORK

CITY OF HAWTHORNE UN-HOUSED PROGRAM

SCOPE OF WORK
Contractor agrees to participate in the Un-housed program, led by City of Hawthorne, to provide workbased learning services to City of Hawthorne un-housed participant referrals. Funded services will be provided and or matched under the City of Hawthorne funding.

Responsibilities of CONTRACTOR

1. The CONTRACTOR will provide the following work-based learning services to City of Hawthorne Unhoused Program Participants:
a. CONTRACTOR will administer 10 Paid Work Experience slots for referred City of Hawthorne Unhoused Program Participants. Participants under the funding provided by this contract will allow 10 participants to receive 200 hours of paid work experience at $16.90 an hour.

CONTRACTOR will match the 200 hours of paid work experience provided by this agreement in a leveraged grant to total 400 hours and 20 weeks of paid work experience. b. CONTRACTOR will administer 5 Short-term vocational training slots ($4,000.00 average per slot) for referred City of Hawthorne Unhoused Program Participants. Participants will receive career pathway counseling, labor market information, workshops on picking the right training provider, enrollment into advanced training and follow-up services after completion of training. CONTRACTOR will match the 5 Short-term vocational training slots ($4,000.00 average per slot) for a total of 10 slots for $40,000.00. c. CONTRACTOR will assist all (20) enrolled participants in job development and supportive services including pre-employment work readiness training, job search, job referral, and job placement services.

2. Provide project data and required reports and information to be determined as well as upon demand by CITY.

3. Provide a designated single point of contact for the program.

4. Provide a management level representative to participate in start-up planning activities, trainings, and on-going attendance at partner meetings.

5. Provide CITY staff and/or Grantor with on-going access to project and financial files/records, and project activities at any time with or without prior notice during regular business hours.

Project Coordination of activities:
12 Robert Chavez
Operations Manager
South Bay Workforce Investment Board
11539 Hawthorne Blvd., Suite 500
Hawthorne, CA 90250
310-680-3770
[email protected]
13 EXHIBIT B

FEE SCHEDULE
The CONTRACTOR is responsible for the tracking of all unduplicated work hours performed under this Agreement. The CONTRACTOR will submit a formal invoice to the CITY on a monthly basis, in sufficient detail with appropriate back-up to document the requested activities and costs for work performed in accordance with Exhibit A – Statement of Work. The CONTRACTOR will maintain all fiscal records in accordance with Office of Management and Budget (OMB) regulations and make such records available for reviews/audit.

The CITY will receive an invoice and make payment within 45 days upon approval.

The maximum fee schedule for work described under the Exhibit A - Statement of Work will be set at $100,000.00.

Payments will be remitted to:

South Bay Workforce Investment Board, Inc.
11539 Hawthorne Blvd., Suite 500
Hawthorne, CA 90250
Attn: Fiscal Unit
Fiscal Contact:

Tudorita “Dori” Giulea
Fiscal Manager
310-970-7750
[email protected]

AGENDA ITEM NO. 18

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: Police
City Manager: __________
Vontray Norris
Interim Chief of Police: ___________
Gary Tomatani
SUBJECT:

Appropriation of $76,192.50 from the Police Department Budget, 100-2102-205-0-0-45154, for the Purchase of two (2) Vigilant Solutions Trailer Chassis; and Approval of a Purchase Order in the Not to Exceed Amount of $76,192.50 to Vigilant Solutions, LLC for the Purchase of Vigilant Solutions Trailer Chassis RECOMMENDED MOTION:

Staff recommends that the City Council approve an appropriation of $76,192.50 from the Police Department Budget (100-2102-205-0-0-45154) and approve a purchase order in the Not to exceed amount of $76,192.50 to Vigilant Solutions, LLC for the Purchase of two (2) Vigilant Solutions Trailer Chassis.

DISCUSSION:

Vigilant is the sole provider of equipment for our existing automatic license plate recognition (ALPR) network within the City, utilized by the Police Department, to increase the level of safety for the community and City staff. The system allows information to be provided to officers in the field, in real time, that they might otherwise be unaware of, and provides investigators with an additional potential solution to identify a potential suspect of a crime.

The Vigilant trailer is equipped with solar 2-Camera automated license plate reader (ALPR) with certified speed radar and messaging board. The mobile trailer Vigilant camera trailer(s) will moved throughout the City help control traffic and reduce speeding. These camera trailers can easily positioned throughout the City and moved based on the needs of the City to help control traffic.

The Urban Areas Security Initiative (UASI) grant program provides financial assistance to address

the unique multidisciplinary planning, operations, equipment, training, and exercise needs of high-threat, high-density urban areas. It also assists in building and sustaining capabilities to prevent, protect against, respond to, and recover from threats or acts of terrorism. The UASI 2020 grant program will fund this effective investigative tool as part of the grant awarded to the City on May 24, 2021.

The Police Department is requesting a purchase order in order to buy a Vigilant Solutions. Vigilant Solutions (a Motorola product line) is the sole manufacturer of Automatic License Plate Recognition products. Vigilant Solutions is only ALPR vendor able to supply commercial ALPR data. The Vigilant Solutions ALPR systems are currently being used by many public safety law enforcement agencies throughout the United States. As of March 14, 2023, Vigilant Solutions (“Vigilant”) is the sole source provider of Vigilant Solutions products and services for the Hawthorne Department. In keeping with the Department’s desire to be able to provide a higher level of service to both community members and City employees.

FISCAL IMPACT:

An appropriation of $76,192.50 from the Police Department’s budgeted fund is required for this purchase. The contract costs will be offset by UASI 2020 grant funding. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Quote number LQW-0267-06 from Vigilant Solutions $76,192.50

2. City of Hawthorne - UASI 2020 Grant Program signed agreement

3. Hawthorne Police Department Sole Source_Vigilant_3-14-23

Vigilant Solutions, LLC
P.O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925-398-2113
Issued To: Hawthorne Police Department - Attention: Erick Mendoza Date: 3-23-23 Project Name: LPR Trailer Standard Run (2) - Hawthorne CA Quote ID: LQW-0267-06

PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:

Trailer Chassis
Qty Item # Description
(2) VSS-STD-SPD-VLT Standard 2-Camera LPR Trailer - 300W panel ●
● Speed Trailer chassis Metal Display
● ALPR install of (2) Vigilant LPR Cameras
● Custom Built Battery Box
● Firstnet Capable 5G Router / Modem
● GPS/4G antenna
● 300W Solar Panel
● 3x 200 ah 12V Battery system
● Touchscreen
● Display Control Unit
● Certified Radar Included
● Optional 12V Lithium Upgrade Sold Separately
● Required Vigilant 2-Camera/Tablet Sold Separately
● Two Lines of Messaging Included with Speed Sign
● Minimum 5-7 day run time (Dependent on geographical location and sunlight conditions) ● 1-Year manufacturer's warranty (Excludes tires and/or batteries). ● 45-60 Day Lead Time
● Delivery Included
● Custom Colors Available ( Blue, Green, Orange)
o Add 30 days to lead time
Subtotal Price $50,000.00

LPR Hardware
Qty Item # Description
(2) VT-TRL-2-55-L5F 25mm L5F Upfit Kit
● Qty=2 25mm lens package
● Tablet Processing Unit and
● 2 15ft L5F Cables
● GPS/4G Antenna
● Trailer must include the following:
o 12V Power System
o Internal Mounting space for Tablet LPR Processing Unit o Suitable Mounting Location for LPR Cameras
Subtotal Price $15,000.00
Camera Licensing & LEARN
(1 Year Coverage)
Qty Item # Description
(1) VSBSCSVC-02 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments ● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates ● Priced per camera per year for 15-30 total camera units ● Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price $850.00
Technical Services
Qty Item # Description
(2) SSUPSYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system ● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system ● Includes CDM/CDF Training
● Applies to mobile (1 System) and fixed (1 Camera) LPR systems Subtotal Price $1,990.00
(1) VSPTRVL-01 Vigilant Certified Partner Travel via Client Site Visit ● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services Subtotal Price $1,550.00

Delivery
Qty Item # Description
(2) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms ● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
Subtotal Price $140.00
(1) Sales Tax Sales Tax @ 10.25% of $65,000.00 = $6,662.5 Subtotal Price $6,662.50
Quote Notes:

1. All prices are quoted in USD and will remain firm and in effect for 60 days.

2. Returns or exchanges will incur a 15% restocking fee.

3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.

4. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above.

5. All hardware components to have standard One (1) year hardware warranty.

6. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.

7. This Quote does not include anything outside the above stated bill of materials.

8. Motorola's Master Customer Agreement and all applicable addenda, available at https://www.motorolasolutions.com/en_us/about/legal.html shall govern the products and services, and is incorporated herein by this reference.

9. LA County Pricing

10. 60 day lead time on trailer systems. Forklift required at delivery.

11. One Year CLK's & LEARN hosting.

12. Customer to provide cellular data SIM and plan.

Quoted by: Louis Wershaw - 209-283-0990 - [email protected] Total Price $76,192.50

Contract Terms Acknowledgement
This Contract Terms Acknowledgement (this “Acknowledgement”) is entered into between Vigilant Solutions, LLC, a Delaware corporation (“Vigilant”) and the entity set forth in the signature block below (“Customer”). Vigilant and Customer will each be referred to herein as a “Party” and collectively as the “Parties”.

1. Contract Terms Acknowledgement. Customer acknowledges that they have received Statements of Work that describe the services provided on this Agreement. Parties acknowledge and agree that the terms of the Master Customer Agreement (“MCA”), including all applicable Addenda, shall apply to the Services set forth in the accompanying Ordering Document. Vigilant's Terms and Conditions, available at https://www.motorolasolutions.com/en_us/about/legal.html, including the Master Customer Agreement, is incorporated herein by this reference. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth in this Acknowledgement and the signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement.

2. Entire Agreement. This Acknowledgement, including the accompanying Ordering Document, supplements the terms of the MCA, applicable Addenda, and Ordering Documents entered between the Parties and forms a part of the Parties’ Agreement.

3. Disputes; Governing Law. Sections 12 – Disputes of the MCA is hereby incorporated into this Acknowledgement mutatis mutandis.

4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.

The Parties hereby enter into this Acknowledgement as of the last signature date below.

Customer: ______________________________
Signature: ______________________________

Name: ______________________________
Title: ______________________________
Email: ______________________________
Date: ______________________________

CONTRACT SUMMARY SHEET
TO: THE OFFICE OF THE CITY CLERK

COUNCIL/PUBLIC SERVICES DIVISION
ROOM 395, CITY HALL
DATE: MAY 25, 2022
FROM (DEPARTMENT): MAYOR’S OFFICE – HOMELAND SECURITY & PUBLIC SAFETY CONTACT PERSON: WILLIAM IRBY PHONE: (213) 922-9720
CONTRACT NO.: COUNCIL FILE NO.: 20-1156

X NEW CONTRACT
ADOPTED BY COUNCIL: 3/24/21 AMENDMENT NO.

APPROVED BY BPW: ADDENDUM NO.

SUPPLEMENTAL NO.

CHANGE ORDER NO.

CONTRACTOR NAME: CITY OF HAWTHORNE – UASI 2020 GRANT PROGRAM TERM OF CONTRACT: SEPTEMBER 1, 2020 THROUGH: MAY 31, 2023 TOTAL AMOUNT: $ 78,130.00
PURPOSE OF CONTRACT:

THIS SUBAWARD AGREEMENT (“Agreement” or “Contract”) is made and entered into by and between the City of Los Angeles, a municipal corporation (the “City”), and the City of Hawthorne (“Hawthorne”), (the “Subrecipient”). In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient.

NOTE: CONTRACTS ARE PUBLIC RECORDS – SCANNED AND UPLOADED TO THE INTERNET C-140402

SUBAWARD AGREEMENT
Subrecipient: City of Hawthorne
Title: FY 2020 Urban Area Security Initiative (UASI) Grant Program City Contract Number
C-140402
UASI 20 Subaward Agreement i

TABLE OF CONTENTS
Section
Number Section Title Page Number
I. GENERAL INFORMATION
§1.1 Federal Award Information.................................................................................. 1 §1.2 Subaward Information and Period of Performance ............................................. 1 §1.3 Parties and Notice............................................................................................... 2 §1.4 Authorities ........................................................................................................... 3 II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements.................................................................................. 4 §2.2 City Adminstrative Requirements ........................................................................ 4 §2.3 DHS and CalOES Requirements ........................................................................ 7 §2.4 Uniform Requirements for Federal Awards ....................................................... 12 III. STANDARD PROVISIONS
§3.1 Independent Party............................................................................................. 17 §3.2 Construction of Provisions and Title Herein ...................................................... 17 §3.3 Applicable Law, Interpretation and Enforcement............................................... 17 §3.4 Integrated Agreement ....................................................................................... 17 §3.5 Excusable Delays.............................................................................................. 18 §3.6 Breach............................................................................................................... 18 §3.7 Prohibition Against Assignment and Delegation................................................ 18 §3.8 Indemnification.................................................................................................. 18 §3.9 Subcontractor Assurances ................................................................................ 19 §3.10 Remedies for Noncompliance ........................................................................... 19 §3.11 Termination ....................................................................................................... 19 §3.12 Amendments..................................................................................................... 20 §3.13 Complete Agreement ........................................................................................ 20 Signature Page………………………………………………………………………………….21
UASI 20 Subaward Agreement ii

EXHIBITS
Exhibit A DHS Standard Conditions
Exhibit B 2020 Standard Assurances for all Cal OES Federal Grant Programs Exhibit C Financial Management Forms Workbook
Exhibit D Modification Request and Reimbursement Request Forms Exhibit E CalOES Forms
Exhibit F Grants Management Assessment Form
UASI 20 Subaward Agreement 1

AGREEMENT NUMBER OF CITY CONTRACTS

BETWEEN

THE CITY OF LOS ANGELES

AND THE CITY OF HAWTHORNE
THIS SUBAWARD AGREEMENT (“Agreement” or “Contract”) is made and entered into by and between the City of Los Angeles, a municipal corporation (the “City”), and the City of Hawthorne (“Hawthorne”), (the “Subrecipient”). In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient (each a “Party” and collectively, the “Parties”) agree as follows:

I. GENERAL INFORMATION
§1.1 Federal Award Information
The “Federal award” (as such term is defined in the Code of Federal Regulations (“CFR”), 2 CFR §200.38, and used in this Agreement) is the Fiscal Year (FY) 2020 Urban Area Security Initiative Grant Program, FAIN # EMW-2020-SS00032, CFDA #97.067, Federal Award Date October 23, 2020. This is not a “Research & Development” award as defined in 2 CFR §200.87 and 200.331, and there is no “indirect cost rate” for this federal award as defined in 2 CFR §200.56 and 200.331.

The “Federal awarding agency” (as such term is defined in 2 CFR §200.36 and used in this Agreement) is the United States Department of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate (“DHS”).

The State of California, through its Governor’s Office of Emergency Services (“CalOES”), acts as the “pass-through entity” (as such term is defined in 2 CFR §200.74 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Los Angeles/Long Beach Urban Area (“LA/LBUA”) in the amount of $56,236,000.

The City, acting through its Mayor’s Office of Public Safety (“Mayor’s Office”), acts as the pass-through entity for this subaward of the Federal award to Subrecipient.
§1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward (“Subaward”) of the Federal award upon the terms and conditions set forth in this Agreement:

Subaward amount: $78,130.00
Subaward Period of Performance (“Term”): September 1, 2020 to May 31, 2023
C-140402
UASI 20 Subaward Agreement 2
Match Requirement: None
Subrecipient Identifier: _________________
Indirect Cost Rate for Subaward: None
The term of this Agreement shall be the “Term” as set forth in this Section 1.2. §1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:

Party:

Authorized Representative:

Authorized Department:

Address, Phone, Fax, E-mail:

Party:

Authorized Representative:

Authorized Department:

Address, Phone, Fax, E-mail:

With a copy to:

City of Los Angeles
Reuben Wilson, Acting Deputy Mayor
Mayor’s Office of Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0687
Email: [email protected]
City of Hawthorne
Felice Lopez
Hawthorne Police Department
12501 Hawthorne Boulevard,
Hawthorne, CA 90250
Email: [email protected]
Gary Tomatani
Hawthorne Police Department
12501 Hawthorne Boulevard,
Hawthorne, CA 90250
Email: [email protected]
Formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five business days of said change.
08-904-3202
UASI 20 Subaward Agreement 3
§1.4 Authorities
The Los Angeles City Council and the City’s Mayor have accepted the Federal award and have authorized the City to execute this Agreement (C.F. # 20-1156) 3/24/21)
Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreement and accept and use the Subaward. Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:
a. That any liability arising out of the performance of this Agreement shall be the responsibility of Subrecipient, governing board or authorized body. b. That Subaward funds shall not be used to supplant expenditures controlled by governing board or authorized body.
c. That the official executing this Agreement is authorized to do so. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 20 Subaward Agreement 4
II. SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply with all terms and conditions set forth in this Agreement, which includes all guidance, regulations and requirements (collectively, “Requirements”) of the Federal awarding agency and CalOES that are applicable to a recipient and/or subrecipient of a Federal award or grant. Such Requirements are set forth in the following documents and incorporated herein by this reference: (1) Department of Homeland Security FY 2020 Homeland Security Grant Program Notice of Funding Opportunity (“DHS NOFO”), (2) FY 2020 DHS Standard Terms and Conditions (“DHS Standard Conditions”) (Exhibit A), (3) FEMA Information Bulletins (“IB”), (4) CalOES 2020 Homeland Security Grant Program California Supplement to the Federal Notice of Funding Opportunity (“CalOES Supplement”), (5) CalOES 2020 Standard Assurances for All CalOES Federal Grant Programs (“CalOES Assurances”) (Exhibit B), (6) CalOES Grant Management Memos (“GMM”), and (7) the cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the CFR and in updates issued by the Office of Management and Budget (“OMB”) on http:///www.whitehouse.gov/omb/.

Subrecipient hereby certifies that it has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward (Exhibit C).
§2.2 City Administrative Requirements
A. Subrecipient acknowledges and agrees that the City is acting as a “passthrough entity” (as such term is defined in 2 CFR §200.74 and used in this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200.

B. Subrecipient and the City have previously completed a mutually approved Budget/Expenditure Plan as incorporated in the Financial Management Forms Workbook (the “Workbook”), which is pending approval by CalOES (the “Budget”) and is attached hereto as Exhibit C. Upon approval by CalOES, such Budget shall be the effective Budget for this Agreement.

The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects. The City shall provide Subrecipient with an electronic Workbook of Subrecipient’s projects. Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward.

Any request by Subrecipient to modify the Workbook must be made in writing and accompanied by a completed Modification Request Form UASI 20 Subaward Agreement 5
(attached hereto as Exhibit D), all required supporting documentation and a revised Workbook showing such modification. Workbook modification requests must be submitted prior to deadlines set by the City. Inaccurate or incomplete requests shall be returned to the Subrecipient for revision.

Subrecipient shall not expend any funds on modified Workbook items until such modification is approved by the City and CalOES.

C. Subrecipient previously submitted to the City a Project Application in connection with the Subaward, which included a Project Timeline (“Project Timeline”) setting forth milestones and completion dates for projects funded under the Subaward. Subrecipient shall manage its projects in accordance with the Project Timeline and provide, in a timely manner, any plans and reports requested by the City regarding the status of such projects. If a Workbook modification request requires a modification to the Project Timeline, Subrecipient shall update the Project Timeline accordingly and submit it along with its Workbook modification request for approval.

D. Subrecipient shall complete and deliver to the City all forms required by CalOES pertinent to the implementation of Subrecipient’s projects under the Subaward. Such forms, which are collectively attached hereto as Exhibit E, include: (1) an aviation equipment request form, (2) a watercraft equipment request form, (3) an Emergency Operations Center request form, (4) an Environmental and Historical Preservation (“EHP”) request form, and (5) a sole source procurement request form. Approval of such requests and forms shall be made by the City and CalOES in their respective sole discretion. Subrecipient acknowledges that all such forms must be approved by the City and CalOES prior to expending Subaward funds. Failure to gain advance approval of such completed requests and forms by the City and CalOES may result in the disallowance of such costs incurred by Subrecipient.

E. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the LA/LBUA region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward.

Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data for which the Federal awarding agency and CalOES has rights to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of this Agreement.

F. Any “equipment” (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds: (1) shall be made available pursuant to applicable terms of the California Disaster and UASI 20 Subaward Agreement 6
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 LA/LBUA, 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; (2) shall be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy; and (3) shall have an LA/LBUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible and prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security."
Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the results with equipment records at least once every year.

G. This Subaward is not a “fixed amount award” as such term is defined in 2 CFR §200.45. Subrecipient agrees that disbursement of this Subaward to Subrecipient shall be made on a reimbursement method. If Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CalOES requirements for advance payments.

In requesting reimbursement from Subaward funds, Subrecipient shall provide to the City a completed Reimbursement Request Form (attached hereto as Exhibit D) along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the “Reimbursement Request”). All such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements. Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation.

The City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Inaccurate and/or incomplete Reimbursement Requests shall be returned to Subrecipient for revision.

The City shall forward Reimbursement Requests to CalOES for payment within thirty (30) days of receipt, provided such request is deemed accurate and complete. The City shall reimburse Subrecipient within thirty (30) days of its receipt of funds from CalOES.

UASI 20 Subaward Agreement 7
Final Reimbursement Requests for this Subaward must be received by the City no later than One Hundred Twenty (120) days prior to the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the “Reimbursement Deadline”). Any Reimbursement Request submitted after the Reimbursement Deadline shall be rejected unless approved by the Mayor’s Office in advance of the Reimbursement Deadline. After the Reimbursement Deadline, any unexpended Subaward funds may be re-directed to other needs across the LA/LBUA region. The City will notify Subrecipient, in writing, when unexpended Subaward funds may be re-directed.

H. Subrecipient acknowledges that the City makes no commitment to disburse Subaward funds beyond the terms set forth herein and that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this Subaward from CalOES and the Federal awarding agency. This Agreement may be terminated immediately upon written notice to Subrecipient of any loss or reduction of Subaward funds.
§2.3 DHS and CalOES Requirements
Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this particular Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.

A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources.

Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of Federal awards, or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.

B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.

UASI 20 Subaward Agreement 8
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.

D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, 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, Subrecipient shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions.

3. Subrecipient 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.

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

E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:

UASI 20 Subaward Agreement 9

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this Agreement 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;

3. 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 2.3.G.b. above; and

4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.

F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in such Act.

G. Subrecipient shall comply with all Federal statutes relating to nondiscrimination, including, without limitation, those statutes and provisions set forth in the Non-Discrimination and Equal Employment Opportunity section of the CalOES Assurances.

Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Uniform Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all 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 ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments. Subrecipient will not discriminate against persons with disabilities or against persons UASI 20 Subaward Agreement 10
due to their relationship to or association with a person with a disability.

Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.

H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CalOES Assurances.

I. Subrecipient shall comply with the provisions set forth in the ReportingAccountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Act and statutory requirements for whistleblower protections.

J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.

K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker’s Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker’s compensation requirements.

L. Subrecipient shall comply with the provisions set forth in the PropertyRelated section of the CalOES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally-Funded Construction Projects section of the CalOES Assurances.

M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set forth in the Freedom of Information Act section of the CalOES Assurances.

N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the CalOES Assurances.

O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos.

P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual UASI 20 Subaward Agreement 11
Property Rights section of the DHS Standard Conditions and the CalOES Assurances.

Q. If the total value of Subrecipient’s currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000.00 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.

R. Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.

S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of personal or organizational conflict of interest or personal gain.

Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.

T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.

U. Subrecipient must ensure that any 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.

V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the CalOES Assurances; (1) Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of 1990, (3) Terrorist Financing E.O. 13224, (4) USA Patriot Act of 2001, (5) Fly America Act of 1974, and (6) Whistleblower Protections and Whistleblower Protection Act.

W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this UASI 19 Subaward:

1. Subaward funding is subject to restricted drawdown for the duration of the Term;

2. Subrecipient shall submit sufficient documentation to support expenditures prior to reimbursement or advance of funds.

Documentation must include invoices, timesheets, evidence supporting UASI 20 Subaward Agreement 12
overtime and backfill costs, cancelled checks or other proof of payment, and copies of related contracts (See §2.2.G). CalOES may request additional procurement material. CalOES will not issue reimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;

3. The professional services agreement between Motorola and LA-RICS for the LMR System may not be used to purchase subscriber equipment unless meeting one of four federal exceptions to necessitate noncompetitive procurement;

4. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a “Federal award” as such term is defined in 2 CFR §200.38 and that Subrecipient’s use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the “Uniform Requirements”). Subrecipient agrees that it is considered a “nonFederal entity” and a “subrecipient” as such terms are defined in 2 CFR §§200.69 and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a “subrecipient” and a “non-Federal entity” as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a “pass-through entity” as such term is defined in 2 CFR §200.74 and that each of them shall have the rights and remedies of a “pass-through entity” in relation to this Subaward and Subrecipient as set forth in the Uniform Requirements.

Without limitation, some of these Uniform Requirements are set forth below in this Section 2.4.

A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112.

B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as set forth in 2 CFR §200.113.

C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions, including, but not limited to, the sampling of procurements and equipment to ensure grant compliance during the City’s bi-annual monitoring. Subrecipient shall also submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208.

UASI 20 Subaward Agreement 13
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302.

Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward.

Subrecipient shall complete and submit an annual Grants Management Assessment Form to the City (Exhibit G) to evaluate risk and determine grant funding eligibility.

E. In the event this Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306.

F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307.

G. Property Standards
When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subaward funds, Subrecipient shall comply with the regulations set forth in 2 CFR §§200.310 through 200.316 (“Property Regulations”). These Property Regulations include, without limitation, provisions related to the following:

1. Requirements for insurance coverage for real property and equipment.

2. Requirements for title, use, disposition and transfer of title of “real property” (as defined in 2 CFR §200.85).

3. Regulations involving Federally-owned and exempt property.

4. Requirements for title, use, management (including recordkeeping, inventory, control systems and maintenance procedures), and disposition of “equipment” (as defined in 2 CFR §200.33).

5. Requirements for title, use and disposition of “supplies” (as defined in 2 CFR §200.94).

6. Requirements for title, rights, use and disposition of “intangible property” (as defined in 2 CFR §200.59). Such requirements include, without limitation, (a) a reservation of rights by the Federal awarding agency to a royalty-free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright, (b) the rights of the Federal government to data produced under the Subaward, (c) the applicability of the Freedom of Information Act to certain research data produced or acquired under the Subaward, and (d) Subrecipient’s compliance with applicable regulations UASI 20 Subaward Agreement 14
governing patents and inventions, including government wide regulations codified at 37 CFR Part 401.

Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.316.

H. Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to “non-Federal entities” as set forth in 2 CFR §§200.318 through 200.326 (the “Procurement Regulations”). These Procurement Regulations include, without limitation, provisions requiring the following:

1. Documentation and use of procurement procedures in compliance with Procurement Regulations.

2. Contracting oversight and maintenance of written standards of conduct covering conflicts of interest.

3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods.

4. Affirmative steps required to encourage contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms.

5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials.

6. Requirement to perform a cost or price analysis in connection with procurements.

7. Bonding requirements.

8. Requirement to make procurement documentation available for review by the City, CalOES and the Federal awarding agency.

In addition, Subrecipient must include in all of its contracts paid or reimbursed in whole or in part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for nonFederal Entity Contracts under Federal Awards) as required by 2 CFR §200.326.

I. Financial and Performance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a nonFederal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant to assure compliance with applicable Federal requirements and performance expectations. Further, Subrecipient shall comply with the financial and UASI 20 Subaward Agreement 15
performance reporting requirements for a non-Federal entity as set forth in 2 CFR §§200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, CalOES or the City in accordance with such regulations. Such reporting requirements include the provision of any information required for the assessment or evaluation of any activities funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest.

Subrecipient acknowledges that the City, as a “pass-through entity,” may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR §§200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors access to Subrecipient’s records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City’s risk evaluation of Subrecipient under 2 CFR §200.331(b).

J. Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §§200.333 to 200.335.

In accordance with the provisions set forth in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding agency, the Inspectors General, the Comptroller General of the United States, CalOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to Subrecipient’s personnel for the purpose of interview and discussion related to such documents. These access rights shall not be limited to any required record retention period but last as long as the records are retained, and access shall not otherwise be limited unless as specifically permitted under 2 CFR §§200.336 to 200.337.

Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section.

UASI 20 Subaward Agreement 16
K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as set forth in 2 CFR Part 200 Subpart E (“Cost Principles”). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.

L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F (“Audit Requirements”). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an “auditee” (as defined in 2 CFR §200.6) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.

M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR §200.343. Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 after closeout of the Subaward and expiration of the Term of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
UASI 20 Subaward Agreement 17
III. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient shall 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 City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party.

The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several.

Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used.
§3.3 Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County and City of Los Angeles, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Los Angeles County, California.

If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, terms or provisions of this Agreement shall not be affected thereby. §3.4 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.

UASI 20 Subaward Agreement 18
§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.

Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §3.6 Breach
Except for excusable delays as described in §3.5 herein, 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 no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:

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. §3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will 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 Section 895.2 of said Code. To achieve the abovestated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto 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.

UASI 20 Subaward Agreement 19
A. Pursuant to Government Code Sections 895.4 and 895.6, the parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.

B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.

C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all of its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all of the Requirements and other provisions of this Agreement.
§3.10 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, CalOES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338. Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward. Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed under 2 CFR §200.342. Subrecipient shall be liable to the Federal awarding agency, CalOES and the City for any Subaward funds the Federal awarding agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements.

Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated in whole or in part by the Federal awarding agency, CalOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the UASI 20 Subaward Agreement 20
Subaward only as set forth in 2 CFR §200.339. In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion of the Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto.
§3.13 Complete 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 and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. This Agreement is executed in two duplicate originals, each of which is deemed to be an original. This Agreement includes twenty-one (21) pages and six Exhibits which constitute the entire understanding and agreement of the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.

APPROVED AS TO FORM:

MICHAEL N, FEUER, City Attorney
By
Date
Deputy City Attorney
ATTEST:

HOLLY L. WOLCOTT, City Clerk
By
Deputy City Clerk
Date
For: THE CITY OF LOS ANGELES
ERIC GARCETTi, Mayor
By
Eric Garcetti, Mayor
Mayor's Office of Public Safety
Date
APPROVED AS TO FORM:

By
(Attorney]
Date
ATTEST;
By
Date
For: CITY OF HAWTHORNE
[SEAL]
City Business License Number:

Internal Revenue Service ID Number:

Council File/OARS File Number: C.F. #20-1156: Date of Approval: 3/24/21 City Contract Number:

UASI 20 Subaward Agreement 21
6/1/22
06/06/2022 C-140402 06/06/2022 C-140402
Mayor's Office of Public Safety
City of Los Angeles
Subrecipient Grants Management Assessment
1 Very Low
2 Low
3 Medium
4 High
5 Very High
Information
Date of Assessment
Grant Name and Grant Year
Subrecipient Name
Type of Non-Federal Entity (Local, JPA, Non-Profit)
Grant Administration Yes In Progress No N/A Scoring

1. Prior to receiving a subaward from the City of Los Angeles, did the organization receive a Federal grant (direct or indirectly) within the past 3 years? If Yes, please indicate the total number of Federal awards in the Comments section.

2. Does the organization have written policies and procedures in place in accordance with 2 CFR Part 200, that include procedures for procurements, travel, contractual services and records retention?

3. Does the organization have a method in place to track projects performed under Federal awards?

4. Does the organization have a method in place to track revenues and expenditures separately and distinctly from other sources of revenues and expenditures?

5. Does the organization have a method in place to track costs incurred against the approved grant budget?
Personnel Yes In Progress No N/A Scoring

6. Are the individuals with primary responsibility for the fiscal and administrative oversight of the grant familiar with the applicable grants management rules, principles, and
regulations including the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200)?

7. Does the organization have a structure in place whereby the preparer of documents is different than the approver?

8. Are timesheets used to track the time staff spend on specific grants?
Audits Yes In Progress No N/A Scoring

9. Did the organization receive more than $750,000 in Federal awards in the past fiscal year? If No, skip to Question 13.

10. Was a single audit report completed per OMB Circular A133? If No, skip to Question 13.

11. Did the single audit result in 'No Findings?' If Yes, skip to Question 13.

12. If findings were identified, have the findings been resolved?
Monitoring Yes In Progress No N/A Scoring

13. Does the organization have documented policies and
procedures in place related to fraud investigations and reporting?

14. Does the organization have equipment monitoring
policies in place, including the tracking and safeguarding of equipment?

15. Does the organization inventory grant-funded equipment at least every two years?
Final Score
Name/Title of Preparer Signature Date
Name/Title of Mayor's Office Reviewer #1 Date
Name/Title of Mayor's Office Reviewer #2 Date
Mayor's
Office
Use
Only
Risk Scoring
Signature
Signature
Comments
Comments
Comments
Comments
6"4*
':
9

9 9
9 9
9 9
9 9
9 9
9 9
9 9
City of Hawthorne
Felice Lopez-Finance Dir./ Gary Tomatani-Captain 04-16-21 March 14, 2023
Hawthorne Police Department
4455 W. 125th Street
Hawthorne, CA 90250
To Whom It May Concern:

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Our Vigilant Solutions ALPR systems are currently being used by many public safety law enforcement agencies throughout the United States.

As of March 14, 2023, Vigilant Solutions (“Vigilant”) is the sole source provider of Vigilant Solutions products and services for the Hawthorne Department.

I hope this further assists you in the purchase of our technology. If you have any questions, please feel free to contact me at 209-283-0990.

If you have any questions or need additional information, please feel free to contact me.

Sincerely,
Louis Wershaw
Regional Sales Manager
Vigilant Solutions
Tel: 209-283-0990

AGENDA ITEM NO. 19

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: City Attorney
City Manager: __________
Vontray Norris
City Attorney: ___________
Robert Kim
SUBJECT:

Join the South Bay Cities Council Of Governments in opposing SB 423 (Wiener) Streamlined Housing Approvals: Multifamily Housing Developments. (Reyes English) RECOMMENDED MOTION:

Staff Recommends that the City Council discuss and vote to either join Cal Cities in opposing SB 423 or take no action.

DISCUSSION:

SB 423 would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date, permanently requiring cities to ministerially approve certain housing projects without public input or environmental review.

SB 35, which came into effect 2018, requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial approval process. This exempts such projects from environmental review under the California Environmental Quality Act (“CEQA”). The process also does not allow public hearings to consider the merits of the project; rather, only design review or public oversight of the development is allowed, which must be objective and strictly focused on assessing compliance with criteria required for streamlined projects as well as objective design review of the project SB 423 would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Not having such outlets will increase public distrust in government and result in additional ballot

measures limiting housing development.

Cal Cities has asked that it’s members join with it in opposing yet another attempt at top-down, one-size-fits-all legislation.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Letter in Opposition to SB 423
DRAFT
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments:

SB 35 (Chapter 366, Statutes of 2017) Expansion.

Notice of Opposition
Dear Senator Wiener:

The City of Hawthorne writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the Jan. 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

Local leaders are working to find creative solutions so homes of all income levels can be built.

They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, the City of Hawthorne respectfully opposes your measure, Sincerely,
Vontray Norris
City Manager
City of Hawthorne
Cc: Senator Steven Bradford
Assemblymember Tina McKinnon
Kristine Guerrero, Cal Cities Regional Public Affairs Manager/Los Angeles County Division (via email: [email protected])
League of California Cities (Via email: [email protected])

AGENDA ITEM NO. 20

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of March 28, 2023
Originating Department: City Manager
City Manager:__________________
Vontray Norris
SUBJECT:

Join League of California Cities in calling for a $3 Billion Annual Funding Stream in the State Budget to Assist Cities with Housing and Fund the $1 Billion owed to the Local Agencies for the Unreimbursed State’s Mandated Programs. (Reyes English) RECOMMENDED MOTION:

Staff recommends that the City Council Approve Sending a Letter to the State Legislatures to join League of California Cities in calling for a $3 Billion Annual Funding Stream in the State Budget to Assist Cities with Housing and For the State to Fund $1 Billion Owed to the Local Agencies for the Unreimbursed Mandated Programs.

DISCUSSION:

As the State budget development process moves forward, League of California Cities asks that the City join in demanding the State to make a permanent funding stream of $3 billion annually to help cities with housing for Californians. The League also requests the City to join them in demanding the State to pay down its growing backlog of unreimbursed claims that total $1 billion owed to the local governments for state-mandated programs. As of October 2021, the City of Hawthorne’s share of the owed principal balance was $582,915. The City’s Finance Department is pursuing all owed reimbursement of the State mandated programs but the State must fund these claims in the budget to fully reimburse the City.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. None