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Agenda packet

La Puente City Council
November 15, 2022

Document
Agenda packet
Meeting
November 15, 2022
Body
La Puente City Council
Pages
26
Original file
44.3 MB
Text extracted from the city's file for reading and search. Open the original on lapuenteca.api.civicclerk.com. That file is the official record.

The bid opening was conducted on October 6, 2022. The City received a total of seven (7) bids for the project. The results of the bids are as follows:

TOWO Enterprise, Inc.

FS Contractors, Inc.

Addison-Miller, Inc.
$1,042,198.00
$1,162,645.00
$1,399,988.00
Onyx Paving Co., Inc. $1,551,000.00
Excel Paving Co. $1,574,399.00
CT&T Concrete Paving, Inc. $1,777,955.00
Leonida Builders, Inc Withdrew Bid
In a letter dated October 10, 2022 sent to the City’s Development Services Director via email, Leonida Builders, Inc. withdrew its bid due to a significant clerical error in the total bid amount. A copy of Leonida’s letter is provided as Attachment C. After the process of verifying the contractor’s bid submittal, references were contacted for TOWO Enterprise Inc.

References confirmed that the contractor’s prior work was completed satisfactorily. TOWO Enterprise Inc. has been determined to be the lowest responsible bidder for the project.

Based on the scope of work and 110 calendar days allotted to procure materials, the Project should take approximately fifty (50) working days to complete after the date the contractor is issued the notice to proceed.

FISCAL IMPACT
This project is included in the Fiscal Year 2022-23 Capital Improvement Budget in the amount of $903,000, with $786,000 appropriated from HSIP funds and $117,000 appropriated from Measure M funds. The bid schedule for Project totals $1,042,198. With a 10 percent (10%) project contingency of $104,220, the total construction project budget is $1,146,418. The associated cost for contract administration and inspection is estimated to be $137,000 which brings the total project cost to $1,283,418.00. Additional Measure M and R funds in the amount of $190,300 respectively, are available to fully fund the total project costs.

There is no impact to the City’s General Fund associated with this project.

RECOMMENDATION
It is recommended that the City Council: (1) award the contract to TOWO Enterprise Inc. in the amount of $1,042,198; (2) authorize the City Manager to execute the Agreement and approve change orders up to 10% of the original bid amount; and (3) adopt Resolution No. 22-5763 amending the Fiscal Year 2022/23 Capital Budget.

ATTACHMENTS
Attachment “A”: Agreement
Attachment “B”: Resolution No. 22-5763
Attachment “C”: Leonida Bid Withdrawal Letter

ATTACHMENT A

RESOLUTION NO. 22-5763 PAGE 1 OF 1 NOVEMBER 15, 2022
RESOLUTION NO. 22-5763

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA PUENTE, CALIFORNIA, AMENDING THE

ADOPTED OPERATING BUDGET AND CAPITAL
BUDGET FOR FISCAL YEAR 2022/2023
WHEREAS, on May 16, 2022, the City Council approved and adopted the Fiscal Year (“FY”) 2022-23 budget and capital improvement program; and WHEREAS, the City of La Puente has experienced various adjustments to changing conditions since the budget was adopted and needs to amend the budget to reflect these adjustments.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PUENTE HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City of La Puente’s Capital Budget for Fiscal Year 2022-2023 is hereby amended to increase expenditure appropriations in the Measure M Fund (Fund 203) in the amount of $190,300.00 and the Measure R Fund (Fund 205) in the amount of $190,300.00.

SECTION 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or its applicability to other persons or circumstances.

SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 15th day of November, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________
Charlie Klinakis, Mayor
ATTEST:
_____________________________________
Sheryl Garcia, City Clerk

ATTACHMENT B

ATTACHMENT C
AGENDA ITEM NO. D-12
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
By: John Di Mario, Development Services Director
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO NPG

CORPORATION FOR COMMUNITY CENTER PARKING LOT
IMPROVEMENTS IN THE AMOUNT OF $200,989.00

BACKGROUND
On September 23, 2022, the City issued a notice inviting informal bids for improvements to the parking lot at the Community Center as part of the overall improvements that have been completed at La Puente Park.

The project includes improvements to the parking lot consisting of color stamped concrete, crack seal and seal coat, curb ramps, asphalt paving, bollards, signing and striping, and curb markings.

DISCUSSION
The bid opening took place on October 6, 2022 with the City having received a total of five (5) bids. The results of the bids are as follows:

NPG Corporation $ 200,989.00
Green Giant Landscape, Inc. 261,555.00
LCR Earthwork & Engineering 282,351.90
Hardy & Harper, Inc. 333,000.00
MLC Constructors, Inc. 417,126.00
After the process of verifying the contractor’s bid submittal, references were contacted for NPG Corporation. References confirmed that the contractor’s prior work was completed satisfactorily, and NPG Corporation has been determined to be the lowest responsible bidder for the project.

As the City utilized its informal bidding procedures for public contracts pursuant to Section

2.21.040 of the La Puente Municipal Code and the requirements of the Uniform Public Construction Cost Accounting Act (“Act”), a resolution is necessary to award the bid to NPG Corporation as the bid exceeded the $200,000 threshold as provided for in the Act. The City Attorney has prepared the necessary Resolution which is included as Attachment “A”.

City of La Puente

AGENDA REPORT
Agenda Report – Authorization to Award Contract – Community Center Parking Lot Improvements For Meeting of: November 15, 2022

Page 2 ends

Based upon the scope of work for the project, 30 working days have been allocated for the completion of the project. It is anticipated that the project will begin the week of December 5th.

FISCAL IMPACT
The bid schedule for construction of this project totals $200,989.00. With a 10 percent (10%) project contingency of $20,099.00, the total construction project budget is $221,088.00. The associated cost for contract administration and project inspection is estimated to be $30,000 which brings the total project cost to $251,088.00. Funding for this project is available from the Grants Fund through the Specified Grant.

RECOMMENDATION
It is recommended that the City Council: (1) award the contract to NPG Corporation in the amount of $200,989.00; (2) authorize the City Manager to execute the Agreement and approve change orders up to 10% of the original bid amount; and (3) adopt Resolution No. 22-5764.

ATTACHMENTS
Attachment “A”: Resolution No. 22-5764
Attachment “B”: Agreement
RESOLUTION NO. 22-5764 PAGE 1 OF 2 NOVEMBER 15, 2022
RESOLUTION NO. 22-5764

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PUENTE APPROVING BID AWARD NO. 22-560 TO

NPG CORPORATION IN COMPLIANCE WITH THE

UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING ACT AND LA PUENTE MUNICIPAL CODE
SECTION 2.21
WHEREAS, the City, pursuant to La Puente Municipal Code Sec. 2.21 has adopted the Uniform Public Construction Cost Accounting Act which provides for an Informal Bidding Process (CA. Public Contract Code Section 22000 et seq.,), and; WHEREAS, it has been proposed that the City of La Puente approve the awarding of Informal Bid No. 22-560 – Community Center Parking Lot Improvements to the lowest responsible bidder, NPG Corporation, and;
WHEREAS, Section 22032 of the Act provides that Public Projects of two hundred thousand or less may be let to contract by the informal procedures set forth in the Act, and; WHEREAS, the winning bid submitted by NPG Corporation is $200,989.00 (Two Hundred Thousand Nine Hundred and Eighty-Nine Dollars and zero cents), and; WHEREAS, Section 22034 of the Act provides that a city may award a bid received in excess of $200,000.00 but no greater than Two Hundred Twelve Thousand Five Hundred ($212,500.00) if all bids received are in excess of $200,000.00, the City determines the cost estimate is reasonable and the City adopts a Resolution by four fifths vote to award the Bid to the lowest responsible bidder.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA PUENTE DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City finds that all bids received exceeded the $200,000.00 amount.

The City further finds NPG Corporation to be the lowest responsible bidder and NPG’s bid to be a reasonable cost estimate considering the City’s Engineer’s estimate and the City’s own analysis of the bid submittal elements.

SECTION 3. The City hereby approves the awarding of Bid No. 22-560 COMMUNITY CENTER PARKING LOT IMPROVEMENTS to NPG Corporation at the bid figure of $200,989.00. All other terms and conditions contained in the bid documents and bid submittal shall apply.

ATTACHMENT A
RESOLUTION NO. 22-5764 PAGE 2 OF 2 NOVEMBER 15, 2022
SECTION 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or its applicability to other persons or circumstances.

SECTION 5. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 15th day of November 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________
Charlie Klinakis, Mayor
ATTEST:
_____________________________________
Sheryl Garcia, City Clerk
SPC21-15 D-1

CITY OF LA PUENTE

CONTRACT AGREEMENT
FOR

COMMUNITY CENTER PARKING LOT IMPROVEMENTS

IN THE CITY OF LA PUENTE
This contract agreement is made and entered into for the above-stated project this 15th day of November, 2022, by and between the City of La Puente, as AGENCY and NPG, INC., a California corporation, as Contractor.

WITNESSETH that AGENCY and Contractor have mutually agreed as follows:

ARTICLE I
The Contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this contract agreement and all required bonds, insurance certificates, permits, notices, and affidavits and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner.

All of the provisions of said Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, Contractor agrees to furnish all materials and perform all work required for the above-stated project and to fulfill all other obligations as set forth in the aforesaid contract documents.

ARTICLE III
Contractor agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work and also including those arising from actions of the elements, unforeseen difficulties, or obstructions encountered in the prosecution of the work, suspension, or discontinuance of the work and all other unknowns or risks of any description connected with the work.

ATTACHMENT B
SPC21-15 D-2

ARTICLE IV
AGENCY hereby promises and agrees to employ and does hereby employ, Contractor to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the contract documents.

ARTICLE V
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California.

ARTICLE VI
Contractor agrees to indemnify and hold harmless AGENCY and all of its officers and agents from any claims, demands, or causes of action including related expenses, attorney's fees, and costs based on, arising out of, or in any way related to the work undertaken by Contractor hereunder. In the event the insurance coverage is on a claims made basis the Contractor shall indemnify and hold harmless the AGENCY and all of its officers and agents from any and all claims, demands, or causes of action that arise after the expiration of the Contractor's current policy or after the service contract has ended, for any occurrences arising out of or any way related to the work undertaken by the Contractor. The liability insurance coverage values shall be:

Insurance Coverage Requirements Limit Requirements
Comprehensive General Liability $1,000,000
Product/Completion Operations $1,000,000
Contractual General Liability $1,000,000
Comprehensive Automobile Liability $1,000,000
A combined single-limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California with a rating of A:VIII by A.M. Best & Co. Any deviation from this rule shall require specific approval in writing from the AGENCY.

SPC21-15 D-3
Insurance shall name the City of La Puente, its officers, agents, and employees as additional insured by endorsement of the Contractor's policy. A copy of the endorsement, showing policy limits, shall be provided to the AGENCY on or before signing this contract.

ARTICLE VII
Contractor affirms that the signatures, titles, and seals set forth hereinafter the execution of this contract agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest herein.

ARTICLE VIII
BLANK

ARTICLE IX
Records and Audits. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the AGENCY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the AGENCY or any authorized representative and will be retained for 5 years after the expiration of this Contract unless permission to destroy them is granted by the AGENCY.

SPC21-15 D-4
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this ________ day of ________November, 2022.

Contractor: (Signature)
Name and Title (Printed)
Contractor's License No.

Agency Business License No.

Federal Tax Identification No.

Note: Contractor signature must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.

AGENCY:

City Manager of the City of La Puente
Attested:

City Clerk of the City of La Puente
Date
Approved
as to form:

City Attorney of the City of La Puente
Date
SPC21-15 D-5

FAITHFUL PERFORMANCE BOND
FOR

COMMUNITY CENTER PARKING LOT IMPROVEMENTS

IN THE CITY OF LA PUENTE
KNOW ALL MEN BY THESE PRESENTS that NPG, INC. .______________________________ as CONTRACTOR and ,
a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of La Puente, as AGENCY, in the penal sum of Two Hundred Thousand Nine Hundred Eighty-Nine Dollars ($200,989.00), which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the Contract Documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

BIDDER: Name:

Address:

By:
(Signature)
Type Name and Title
SURETY: Name:

Address:

By:
(Signature)
Type Name and Title:

Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.

SPC21-15 D-6

MATERIAL AND LABOR BOND
FOR

COMMUNITY CENTER PARKING LOT IMPROVEMENTS

IN THE CITY OF LA PUENTE
KNOW ALL MEN BY THESE PRESENTS that NPG, INC. , as CONTRACTOR, and __________________________________________________, a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of La Puente, as AGENCY, in the penal sum of Two Hundred Thousand Nine Hundred Eighty-Nine Dollars ($200,989.00), which is 100 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Bidder and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

BIDDER: Name:

Address:

By:
(Signature)
Type Name and Title
SURETY: Name:

Address:

By:
(Signature)
Type Name and Title:

Note: This bond must be executed in duplicate and dated, all signatures must be acknowledged before a Notary Public, and evidence of the authority of any person signing as attorney-in-fact must be attached.

AGENDA ITEM NO. D-13
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
By: Troy Grunklee, CPA, Director of Administrative Services SUBJECT: CONSIDERATION OF A PROFESSIONAL SERVICES AND LICENSE

AGREEMENT WITH SEMPER ANTICUS FOR THE OPERATION AND

MANAGEMENT OF AN OPEN-AIR MARKET

BACKGROUND
On September 16, 2014, the City of La Puente (“City”) issued a Request for Proposals (“RFP”) for the operation and management of a certified farmers’ market in the interest of providing fresh food alternatives for the community and providing farmers the opportunity to sell their products locally.

Additionally, the City wanted to use the market as an avenue to support local businesses and artisans by providing them with an opportunity to sell their goods and to showcase their businesses. Further, the City desires to use the market to attract people to the downtown area, and to encourage economic activity downtown. It is the City’s goal to create a festive community event and social gathering place through the creation of a weekly market.

At its meeting of March 25, 2015, the City Council approved a Professional Services and License Agreement with Semper Anticus for the operation and management of a weekly open-air market. The Agreement expired on March 24, 2016.

At its meeting of October 27, 2015, the City Council approved Resolution No. 15-5245 waiving the business license fee of $127 for the market vendors.

At its meeting of March 1, 2016, the City Council approved Amendment No. 1 to Agreement 15-1179 with the Contractor to continue the operation and management of a weekly open air market. This Agreement is set to terminate on March 24, 2019.

On June 7, 2018, the City Council approved Resolution No. 18-5422, rescinding Resolution No. 15- 5245. Resolution No. 18-5422 requires La Puente Live market vendors to pay the business license fee set forth in the City’s Code.

At its meeting of February 12, 2019, City Council provided direction to have the City Attorney draft an amendment to the Professional Services and License Agreement No. 15-1179 with Semper Anticus.

City of La Puente

AGENDA REPORT
Agenda Report – Professional Services and License Agreement for an Open Air Market For Meeting of: November 15, 2022

Page 2 ends

At its meeting of March 12, 2019, City Council approved Amendment No. 2 to the Professional Services and License Agreement with Semper Anticus to extend the term of the agreement and revise the scope of services related to a change location of the open-air market.

DISCUSSION
City staff are recommending the approval of a Professional Services and License agreement with Semper Anticus for the operation and management of an open-air market. This new agreement will allow for continued continuity between the City and Semper Anticus and could bring additional opportunities for the City to have additional open-air markets and to make La Puente Live an even better open-air market that includes entertainment for all ages, young and old. Additionally, this agreement provides the City with a five ($5.00) dollar per fully paid retail space paid on a quarterly basis to the City. The term of the agreement is a three-year term with two additional one-year terms.

FISCAL IMPACT
There are no costs directly associated with the approval of this agreement as the Contractor has agreed to pay for the staffing, and the fee for each fully paid retail space.

RECOMMENDATION
It is recommended that the City Council: (1) approve the Professional Services and License Agreement with Semper Anticus; and (2) authorize the City Manager to execute the Amendment on behalf of the City.

ATTACHMENTS
Attachment “A”: Professional Services Agreement

ATTACHMENT A

AGENDA ITEM NO. D-14
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
By: Troy Grunklee, CPA, Director of Administrative Services SUBJECT: CONSIDERATION OF APPROVAL OF A PURCHASE ORDER CONTRACT WITH ANTROPY INC. FOR THE PURCHASE OF REPLACEMENT FORTINET
SWITCHES & NETWORK SECURITY DEVICES.

BACKGROUND
As part of the City’s network security, replacement, and repair, staff has identified failing equipment in the network switches as well as others that have reached the end of their useful life of service. These devices have caused many minor and some major disruptions in service to staff and public services. In addition, staff will be upgrading the complete firewall, network switches, and WIFI system under a single management umbrella. Staff has identified the necessary equipment with regards to common best practices and cyber security/threat management integration.

DISCUSSION
The current switches have been identified as one of the major factors regarding the network traffic issues that are currently a problem for our network. These replacement pieces will not only assist with this problem but will allow a simpler and more coordinated management interface. Both everyday functionality and security can be managed, monitored, and adapted more holistically.

Staff prepared a Request for Bids (see Attachment A) to solicit pricing from any vendors for Fortinet Equipment. The City received pricing from two certified reseller/dealers.

BIDDER TOTAL PRICE
Hypertec $74,617.59
Antropy, Inc. $71.426.06
Based on the quotes received, Antropy is the lowest, responsive bidder. Delivery of the equipment is anticipated to take 4-6 weeks from date of award.

City of La Puente

AGENDA REPORT
Agenda Report: Approval of Purchase Order Contract Network hardware & Replacement Remedy For meeting of: November 15, 2022

Page 2 ends

FISCAL IMPACT
The total purchase price for the upgraded equipment, including tax, delivery, is $71.426.06 (Attachment B). In addition to the purchase price of the vehicles, Staff believes an additional $7,500 will be needed to properly setup and install all devices. This work will be done by both staff and a third party once the hardware has been received.

There is sufficient funding in the American Rescue Plan Fund to acquire and install the hardware.

RECOMMENDATION
It is recommended that the City Council: (1) approve a purchase order contract in the amount of $71.426.06 with Antropy, Inc. for the purchase of all new Fortinet hardware plus the additional $7,500 to properly setup and install the devices for a total of $78,926.06; and (2) authorize the City Manager to execute, on behalf of the City, all documents necessary to effectuate this action.

ATTACHMENTS
Attachment “A”: Request for Bid
Attachment “B”: Bid Sheet – Antropy, Inc.

Administrative Services Department
Phone: (626) 855-1500 Fax: (626) 961-4626
Email: [email protected]
REQUEST FOR BID #22-001
FortiGate Network Firewall & Switch Hardware
Closing Date: November 8, 2022, 2:00 P.M.

RFB Number: #22-001
Due Date: November 8, 2022
Time: 2:00 P.M.

Project: FortiGate Network
Firewall & Switch
Hardware
The prospective supplier shall submit a completed bid sheet (Form A) and bidder signature declaration (Form B), to be received no later than 2:00 P.M., Tuesday, November 8, 2022. Both forms must be received by email to [email protected]. Forms may also be mailed to:

City of La Puente
Administrative Services Department
Attn: Troy Grunklee, Director of Administrative Services 15900 E. Main Street
La Puente, CA 91744

ATTACHMENT A

CITY OF LA PUENTE

SPECIFICATIONS REQUEST
FOR BID #22-001
2022 La Puente Network Infrastructure Hardware Replacement/Upgrade Network Hardware
FortiNet FortiGate Firewall
Model QTY Description
FG-100F-3YR 1 FortiGate 100F with 3YR UTP coverage (or comparable coverage)
FortiNet FortiSwitch
Model QTY Description
FS-148-E-POE-3YR 9 FortiSwitch 448-E-POE with 3 Yr Support plan FortiNet FortiSwitch
Model QTY Description
FS-1024D-3YR 1 FortiSwitch 1024D with 3 Yr Support plan Transceivers
Code QTY Description
4 10 Gbps SFP+ transceivers for the FortiGate to FortiSwitch 1024D.
18 10 Gbps SFP+ RJ-45 transceivers to connect the FortiSwitch 1024D
10 10 Gbps SFP+ LR SMF transceivers to connect to the remote switches.

FORM A

BID SHEET
BID NUMBER #22-001

ITEM QTY DESCRIPTION UNIT PRICE EXTENSION
001 1
Complete Hardware Package (as listed
above)
Subtotal
Tax (10%)
Disposal Fee ___
Freight
Total
Warranty: (Be Specific)
Promised Delivery working days after award.

Terms Offered .

Upon acceptance of this bid the undersigned hereby agrees to furnish and deliver the items as described in the accompanying specifications at the prices stated.

Bidder:

Address:

By:
(Signature)
Title: Date:

Printed Name:

Telephone: Fax: Email:

Exceptions or Clarifications:

FORM B

REQUEST FOR BID

BIDDER SIGNATURE DECLARATION
The undersigned hereby offers and agrees to furnish the goods and services in compliance with all the service level requirements, instructions, specifications, and any amendments contained in this RFB document and any written exceptions in the offer accepted by the City.

This bid is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named; the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a bid; and the bidder has not in any manner sought by collusion to secure for themselves an advantage over any other bidder.

Each bid must be signed on behalf of the bidder by an officer authorized to bind the bidder to the bid. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and I agree to the terms and conditions in this proposal.

Company Name Signature of Authorized Person
Address Printed Name
City State Zip Code Title
Date
The bidder hereby acknowledges receipt of and agrees this submittal is based on the RFB and the following addenda. Failure to indicate receipt of addenda may result in the bidder being rejected as non-responsive.

ADDENDUM # DATED_ ADDENDUM # DATED
ADDENDUM # DATED_ ADDENDUM # DATED
(If additional addenda are issued, attach a complete listing of these addenda when submitting this bid.) No Bid
In order to help us improve our internal processes and become a better customer, if you are not submitting a Bid, please state the reason(s) why and return this page to the City.

The City of La Puente has outlined the requirements herein in as much detail as is currently known.

Please provide any exceptions, additional information, or suggestions that will aid in the City’s selection process (attachments are acceptable).

The City reserves the right to negotiate terms and specifications/scope of work with the highest ranked competitively priced and qualified proposal. If an agreement cannot be negotiated the City reserves the right to negotiate with any other finalist.

Any evidence of agreement or collusion among Bidders acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such Proposers void.

Bidder shall identify those services (if any) that will be outsourced to a subconsultant or sub-proposer. The prime Proposer will be responsible for verifying the qualifications and validity of all licenses or permits for any outsourced work to subconsultants. The prime Consultant is also responsible for paying its employees and any subconsultants the prime Consultant hires.

This RFB does not obligate the City to accept or contract for any expressed or implied services.

The City reserves the right to request any Bidder submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process.

All submitted proposals and information included therein or attached thereto shall become public record upon contract award.

The City reserves the right to cancel this solicitation at any time.

The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

Questions and comments regarding this solicitation must be submitted in writing, either by mail, delivery, facsimile, or email address to:

Mail: City of La Puente Delivery: City of La Puente FAX: (626) 961-4626 Administrative Services
Dep
City Hall
15900 E. Main Street 15900 E. Main Street EMAIL: [email protected] La Puente, CA 91744 La Puente, CA 91744
Any questions relating to this Request for Bid must be received at least one (1) City business day prior to closing date, any questions received after this deadline will not be addressed.

The questioner’s company name, address, phone and fax number, and contact person must be included with the questions or comments. All answers, if any, made by the City will be sent in writing to all known proposal holders and posted to the City’s website.

Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any City employee, Commission member, Committee member, Council member, or any other agency employee or associate for any propose related to this entire RFB process other than as directed above.

Contact with anyone other than as directed above may be cause for rejection of proposal.

General Bid Conditions

1. All price and notations must be typewritten or written in ink. Erasures are NOT PERMITTED. Mistakes may be crossed out and corrections made adjacent, and must be initialed in ink by person signing quotation.

2. Please bid HEREON your lowest price, best delivery date, cash discount terms, and F.O.B. point for items listed. No charges for transportation, containers, packing, etc, or for any other purpose will be allowed unless so specified in your bid. Bid on each item separately and extend net unit prices.

3. State brand, or make on each item. If quoting an article exactly as specified, the words or equal must be stricken out by the vendor. If quoting on other then the make, model or brand specified, the manufacturers name and the catalog number must be given, or descriptive cutsheet and information attached to the quotation.

4. Any contract awarded as a result of the bid will be subject to the City's usual purchase order instructions, agreements and conditions.

5. All bids/forms must be signed with the firms name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled.

6. Any and all costs incurred responding to bids/proposals conducting demonstrations or any other related activities, shall be borne by bidder/proposer and the City shall not be liable for any of these costs.

7. Bidder/proposer is liable for all errors or omissions incurred by bidder/proposer in bid/proposal. Bidder/proposer will not be allowed to alter bid/proposal documents after the due date for submission. The City reserves the right to make corrections due to errors identified in bid/proposal by the City or the bidder/proposer. This type of change will be date and time stamped and attached to bid/proposal. All changes must be coordinated in writing with, authorized by and made by the Director of Administrative Services or designated representative.

8. The City reserves the right, as the interest of the City requires, to reject any or all bids/forms, to waive any minor informality in bids/forms received to reject any unapproved alternate bid(s)/forms, and reserves the right to reject the bid/proposal of any bidder/proposer who has previously failed to perform competently in any prior business relationship with the city. The rejection of any or all bids/forms shall not render the City liable for costs or damages.

9. Late bids/forms will not be accepted and shall be returned to the bidder/proposer unopened. Bidder/proposer may withdraw bid/form in writing at any time prior to the specific due date and time. Faxed withdrawals will be accepted.

A written request signed by an authorized representative of the bidder/proposer must be submitted to Administrative Services Department. After withdrawing a previously submitted bid/proposal, the bidder/proposer may submit another bid/proposal at any time up to the specified due date and time.

10. The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

11. Samples of items, when required, must be furnished free of expense to the City of La Puente; and if not destroyed by tests, will upon request be returned at the vender's expense.

12. The vendors shall hold the City of La Puente, its officers agents, servants and employees, harmless from liability or any nature or kind or account of use of any copyright, or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used under his bid/proposal.

13. Response to this bid will constitute acceptance of all terms and conditions stated within this Request for Bid.

Administrative Services Department
Phone: (626) 855-1500 Fax: (626) 961-4626
Email: [email protected]
REQUEST FOR BID #22-001
FortiGate Network Firewall & Switch Hardware
Closing Date: November 8, 2022, 2:00 P.M.

RFB Number: #22-001
Due Date: November 8, 2022
Time: 2:00 P.M.

Project: FortiGate Network
Firewall & Switch
Hardware
The prospective supplier shall submit a completed bid sheet (Form A) and bidder signature declaration (Form B), to be received no later than 2:00 P.M., Tuesday, November 8, 2022. Both forms must be received by email to [email protected]. Forms may also be mailed to:

City of La Puente
Administrative Services Department
Attn: Troy Grunklee, Director of Administrative Services 15900 E. Main Street
La Puente, CA 91744

ATTACHMENT B
Infrastructure
Description
Provide one (1) firewall, 19 access points, 10 switches to upgrade network. This will include three (3) year extended warranties on all hardware.

CITY OF LA PUENTE

SPECIFICATIONS REQUEST
FOR BID #22-001
2022 La Puente Network Infrastructure Hardware Replacement/Upgrade Network Hardware
FORM A

BID SHEET
BID NUMBER #22-001

ITEM QTY DESCRIPTION UNIT PRICE EXTENSION
001 1
Complete Hardware Package (as listed
above)
$65,869.40 $65,869.40
Subtotal $65,869.40
Tax (10%) $5,536.66
Disposal Fee $0
Freight $20
Total $71,426.06
Warranty: (Be Specific)
There is a three (3) year hardware replacement and support warranty on the firewall, switches, and access points.

Promised Delivery 30 - 365 working days after award.

Terms Offered None .

Upon acceptance of this bid the undersigned hereby agrees to furnish and deliver the items as described in the accompanying specifications at the prices stated.

Bidder: Antropy, Inc.

Address: 10535 Jordan Avenue, Chatsworth, CA 91311
By:
(Signature)
Title: President Date: November 8, 2022
Printed Name: Jody Marc Cohn
Telephone: (818) 330-5166 Fax: Email: [email protected]
Exceptions or Clarifications:

Fortinet is experiencing supply chain issues. Some of the equipment is backordered and the company is giving all of its customers a fulfillment timeline of 30-365 days. We will deliver the equipment as soon as Fortinet makes it available to us.

Jody Marc Cohn

FORM B REQUEST

FOR BID

BIDDER SIGNATURE DECLARATION
The undersigned hereby offers and agrees to furnish the goods and services in compliance with all the service level requirements, instructions, specifications, and any amendments contained in this RFB document and any written exceptions in the offer accepted by the City.

This bid is genuine, and not sham or collusive, nor made in the interest or on behalf of any person not herein named; the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a bid; and the bidder has not in any manner sought by collusion to secure for themselves an advantage over any other bidder.

Each bid must be signed on behalf of the bidder by an officer authorized to bind the bidder to the bid. I declare under p e n a l t y of perjury under t h e laws of the State of California that the foregoing is true and correct and I agree to the terms and conditions in this proposal.

Antropy, Inc.

Company Name Signature of Authorized Person
10535 Jordan Ave Jody Marc Cohn
Address Printed Name
Chatsworth CA 91311 President
City State Zip Code Title
November 8, 2022
Date
The bidder hereby acknowledges receipt of and agrees thissubmittal is based on the RFB and the following addenda. Failure to indicate receipt of addenda may result in the bidder being rejected as non-responsive.

ADDENDUM # DATED_ ADDENDUM # DATED
ADDENDUM # DATED_ ADDENDUM # DATED
(If additional addenda are issued, attach a complete listing of these addenda when submitting this bid.) No Bid
In order to help us improve our internal processes and become a better customer, if you are not submitting a Bid, please state the reason(s) why and return this page to the City.

Jody Marc Cohn
The City of LaPuente has outlined the requirements herein in as much detail as is currently known.

Please provide any exceptions, additional information, or suggestions that will aid in the City’s selection process (attachments are acceptable).

The C i t y reserves the right to negotiate terms and specifications/scope of work with the highest ranked competitively priced and qualified proposal. If an agreement cannot be negotiated the City reserves the right to negotiate with any other finalist.

Any evidence of agreement or collusion among Bidders acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such Proposers void.

Bidder shall identify those services(if any) that will be outsourced to a subconsultant or sub-proposer. The prime Proposer will be responsible for verifying the qualifications and validity of all licenses or permits for any outsourced work to subconsultants. The prime Consultant is also responsible for paying its employees and any subconsultants the prime Consultant hires.

This RFB does not obligate the City to accept or contract for any expressed or implied services.

The City reserves the right to request any Bidder submitting a proposal to clarify its proposal or to supply additional material deemed necessary to assist in the selection process.

All submitted proposals and information included therein or attached thereto shall become public record upon contract award.

The City reserves the right to cancel this solicitation at any time.

The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

Questions and comments regarding this solicitation must be submitted in writing, either by mail, delivery, facsimile, or email address to:

Mail: City of La Puente Delivery: City of La Puente FAX: (626) 961-4626 Administrative Services City Hall
15900 E. Main Street 15900 E. Main Street EMAIL: [email protected] La Puente, CA 91744 La Puente, CA 91744
Any questions relating to this Request for Bid must be received at least one (1) City business day prior to closing date, any questions received after this deadline will not be addressed.

The questioner’s company name, address, phone and fax number, and contact person must be included with the questions or comments. All answers, if any, made by the City will be sent in writing to all known proposal holders and posted to the City’s website.

Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any City employee, Commission member, Committee member, Council member, or any other agency employee or associate for any propose related to this entire RFB process other than as directed above.

Contact with anyone other than as directed above may be cause for rejection of proposal.

General Bid Conditions

1. All price and notations must be typewritten or written in ink. Erasures are NOT PERMITTED. Mistakes may be crossed out and corrections made adjacent, and must be initialed in ink by person signing quotation.

2. Please bid HEREON your lowest price, best delivery date, cash discount terms, and F.O.B. point for items listed. No charges for transportation, containers, packing, etc, or for any other purpose will be allowed unless so specified in your bid. Bid on each item separately and extend net unit prices.

3. State brand, or make on each item. If quoting an article exactly as specified, the words or equal must be stricken out by the vendor. If quoting on other then the make, model or brand specified, the manufacturers name and the catalog number must be given, or descriptive cutsheet and information attached to the quotation.

4. Any contract awarded as a result of the bid will be subject to the City's usual purchase order instructions, agreements and conditions.

5. All bids/forms must be signed with the firms name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled.

6. Any and all costs incurred responding to bids/proposals conducting demonstrations or any other related activities, shall be borne by bidder/proposer and the City shall not be liable for any of these costs.

7. Bidder/proposer is liable for all errors or omissions incurred by bidder/proposer in bid/proposal. Bidder/proposer will not be allowed to alter bid/proposal documents after the due date for submission. The City reserves the right to make corrections due to errors identified in bid/proposal by the City or the bidder/proposer. This type of change will be date and time stamped and attached to bid/proposal. All changes must be coordinated in writing with, authorized by and made by the Director of Administrative Services or designated representative.

8. The City reserves the right, as the interest of the City requires, to reject any or all bids/forms, to waive any minor informality in bids/forms received to reject any unapproved alternate bid(s)/forms, and reserves the right to reject the bid/proposal of any bidder/proposer who has previously failed to perform competently in any prior business relationship with the city. The rejection of any or all bids/forms shall not render the City liable for costs or damages.

9. Late bids/forms will not be accepted and shall be returned to the bidder/proposer unopened. Bidder/proposer may withdraw bid/form in writing at any time prior to the specific due date and time. Faxed withdrawals will be accepted.

A written request signed by an authorized representative of the bidder/proposer must be submitted to Administrative Services Department. After withdrawing a previously submitted bid/proposal, the bidder/proposer may submit another bid/proposal at any time up to the specified due date and time.

10. The City reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the City.

11. Samples of items, when required, must be furnished free of expense to the City of La Puente; and if not destroyed by tests, will upon request be returned at the vender's expense.

12. The vendors shall hold the City of La Puente, its officers agents, servants and employees, harmless from liability or any nature or kind or account of use of any copyright, or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used under his bid/proposal.

13. Response to this bid will constitute acceptance of all terms and conditions stated within this Request for Bid.

AGENDA ITEM NO. D-15
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
By: John Di Mario, Development Services Director
William C. Pagett, City Engineer
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A MASTER

AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH THE
STATE OF CALIFORNIA FOR FEDERAL AID PROJECT NO. HSIPL5331(021) FOR CONSTRUCTION OF PEDESTRIAN SAFETY

IMPROVEMENTS AT EIGHT CROSSWALK LOCATIONS

BACKGROUND
In December 2016, the City was awarded $783,600 in federal grant funds through the 8th Cycle of the Federal Highway Safety Improvement Program (“HSIP”) to improve pedestrian safety at eight (8) high-pedestrian crosswalk locations located near schools (“Project”). The City subsequently received final approval for expenditure of the grant funding.

DISCUSSION
The Project consists of crosswalk improvements at eight locations that include the installation of rectangular rapid flashing beacons, curb extensions, advanced pavement markings, warning signs, high-visibility crosswalks and ADA compliant access ramps. These improvements will help enhance pedestrian safety by improving the visibility of the pedestrian crossings and reducing the distance for pedestrians to cross the street.

The eight crosswalk locations that will be improved include the following:
• Glendora Avenue at Sierra Vista Court
• Orange Avenue at Homeward Street
• Unruh Avenue at Giordano Street
• Central Avenue at Albert Street
• Del Valle Avenue at Loukelton Street
• Workman Street at 1st Street
• Main Street at 5th Street
• Main Street at Bluebonnet Street
Attached to this report are Administering Agency-State Agreement (“Master Agreement”) No. 07-5331F15 and Program Supplement Agreement (“PSA”) No. F014 between Caltrans and the City of La Puente. Although the grant is for federal funds, the HSIP is administered through Caltrans. As such, the City is required to execute a Master Agreement with Caltrans to be City of La Puente

AGENDA REPORT
Agenda Report – Master and Program Supplement Agreements for Eight Crosswalks For Meeting of: November 15, 2022

Page 2 ends

eligible to receive Federal and/or State funding for certain transportation projects. The City is also required to execute a PSA which formalizes the financial responsibilities and provisions for a specific Federal and/or State funded project, and is the contractual basis for the State to reimburse the City for work completed.

One requirement of the HSIP funding is for the City to obtain approval from Caltrans through the PSA before submitting invoices for reimbursement under the grant. Attached to this report is Resolution No. 22-5765 approving the Master Agreement and PSA, and authorizing the City Manager or his designee to execute the Master Agreement and PSA on behalf of the City.

FISCAL IMPACT
No direct fiscal impact related to the approval and execution of these Agreements. The Project is funded through the Fiscal Year 2022-23 Capital Improvement Budget through a combination of federal HSIP grant funds and Measure M and Measure R funds as discussed in Agenda Item D-11.

RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 22-5765 approving Master Agreement No. 07-5331F15 and Program Supplement Agreement No. F014 for construction of Pedestrian Safety Improvements at Eight Crosswalk Locations and authorizing the City Manager or his designee to execute the Agreements on behalf of the City.

ATTACHMENTS
Attachment “A”: Master Agreement No. 07-5331F15
Attachment “B”: Program Supplement Agreement No. F014
Attachment “C”: Resolution No. 22-5765

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

FEDERAL-AID PROJECTS
07 City of La Puente
-------- ---------------------------------------------- District Administering Agency
Agreement No. 07-5331F15
This AGREEMENT, is entered into effective this _______ day of ____________, 20 , by and between City of La Puente, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

Page 1 of 26 ends

ATTACHMENT A

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific "Authorization/Agreement Summary", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).

2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully-described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).

3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.

6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).

Page 2 of 26 ends

8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".

9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES.

11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS'&'E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability.

ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if

Page 3 of 26 ends

applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT.

15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.

17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.

18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY.

Page 4 of 26 ends

ARTICLE II - RIGHTS OF WAY

1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.

2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.

4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her

Page 5 of 26 ends

business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.

6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.

Page 6 of 26 ends

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.

All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

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ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).

2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE's approved finance letter.

3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE.

STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits '&' Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76

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(AMOD).

10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget.

Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,

ADMINISTERING

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AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A'&'E services), and other applicable STATE and FEDERAL regulations.

21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT

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ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205.

5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

6. ADMINISTERING AGENCY shall not award a non-A'&'E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING RECORDS RETENTION AND REPORTS.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures.

9. In addition to the above, the pre-award requirements of third-party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES.

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ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION

1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that:

A. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract.

B. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions.

C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into.

Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

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ARTICLE VII - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations.

2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government.

4. Each project-specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT.

5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT.

ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

6. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT.

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9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.

10. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

11. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer.

12. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT.

13. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

14. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding

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allocation such that substantial performance is significantly endangered.

16. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

17. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT.

18. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

19. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers.

STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION City of La Puente
By______________________________ By________________________________ ________________________________ _________________________________ Chief, Office of Project Implementation _________________________________ Division of Local Assistance City of La Puente
Representative Name '&' Title
(Authorized Governing Body Representative)
Date __________________________ Date _____________________________

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EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written

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notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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EXHIBIT B

NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection

21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant

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running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program ; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter

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arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26.

ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of STATE assisted contracts.

ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S.

Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program.

Page 21 of 26 ends

APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement

Page 22 of 26 ends

within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

Page 23 of 26 ends

APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil

Page 24 of 26 ends

Rights Act of 1964.

APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.

Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

APPENDIX D TO EXHIBIT B

Page 25 of 26 ends

The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the abovedescribed lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns.
__________________________________________
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

Page 26 of 26 ends

F014
FOR FEDERAL-AID PROJECTS NO 07-5331F15
0719000271
June 16, 2022
07-LA-0-LPU
HSIPL-5331(021)
5331
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Eight (8) crosswalk locations throughout the City of La Puente.

Install RRFBs, curb extensions, advanced pavement markings, warning signs, & high visibility x-walks

0.0(MILES)
Estimated Cost Federal Funds Matching Funds
YS30 $783,600.00

CITY OF LA PUENTE
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$964,695.00 $173,345.00 $7,750.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$783,600.00
Program Supplement 07-5331F15-F014- ISTEA 1Page of 7
06/16/2022

ATTACHMENT B

SPECIAL COVENANTS OR REMARKS
07-LA-0-LPU
HSIPL-5331(021)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.

Program Supplement 07-5331F15-F014- ISTEA Page 2 of 7

SPECIAL COVENANTS OR REMARKS
07-LA-0-LPU
HSIPL-5331(021)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.

Program Supplement 07-5331F15-F014- ISTEA Page 3 of 7

SPECIAL COVENANTS OR REMARKS
07-LA-0-LPU
HSIPL-5331(021)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

Program Supplement 07-5331F15-F014- ISTEA Page 4 of 7

SPECIAL COVENANTS OR REMARKS
07-LA-0-LPU
HSIPL-5331(021)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
Program Supplement 07-5331F15-F014- ISTEA Page 5 of 7

SPECIAL COVENANTS OR REMARKS
07-LA-0-LPU
HSIPL-5331(021)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as Program Supplement 07-5331F15-F014- ISTEA Page 6 of 7

SPECIAL COVENANTS OR REMARKS
07-LA-0-LPU
HSIPL-5331(021)
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Program Supplement 07-5331F15-F014- ISTEA Page 7 of 7
RESOLUTION NO. 22-5765 PAGE 1 OF 2 NOVEMBER 15, 2022
RESOLUTION NO. 22-5765

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LA PUENTE, CALIFORNIA, APPROVING MASTER
AGREEMENT NO. 07-5331F15 AND PROGRAM
SUPPLEMENT AGREEMENT NO. F014 FOR FEDERAL
AID PROJECT NO. HSIPL-5331(021) FOR

IMPROVEMENTS AT EIGHT CROSSWALK LOCATIONS

AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE THE AGREEMENTS ON

BEHALF OF THE CITY
WHEREAS, the City was awarded federal grant funds through the Highway Safety Improvement Program (“HSIP”) for the construction of pedestrian safety improvements at eight crosswalk locations.

WHEREAS, the City is required to execute a Master Agreement to be eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation.

WHEREAS, the City is also required to execute a Program Supplement Agreement which formalizes the financial responsibilities and provisions for a specific Federal and/or State Funded project and is the contractual basis for the State to reimburse the City for work done.

WHEREAS, the City Council desires by resolution to approve Master Agreement No. 07-5331F15 and Program Supplement Agreement No. F014 for Federal Aid Project No. HSIPL5331(021) for the construction of pedestrian safety improvements at eight crosswalk locations.

WHEREAS, the City Council wishes to delegate authority to execute these agreements and any amendments thereto to the City Manager or his designee.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council of the City of La Puente approves the Master Agreement No. 07-5331F15 and Program Supplement Agreement No. F014 for Federal Aid Project No.

HSIPL-5331(021) for the construction of pedestrian safety improvements at eight crosswalk locations.

ATTACHMENT C
RESOLUTION NO. 22-5765 PAGE 2 OF 2 NOVEMBER 15, 2022
SECTION 3. The City Council authorizes the City Manager or his designee to execute the Master Agreement No. 07-5331F15 and Program Supplement Agreement No. F014 on behalf of the City.

SECTION 4. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or its applicability to other persons or circumstances.

SECTION 5. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 15th day of November, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
______________________________
Charlie Klinakis, Mayor
ATTEST:
_____________________________________
Sheryl Garcia, City Clerk

AGENDA ITEM NO. E-1
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
By: Troy O. Grunklee, CPA, Director of Administrative Services Alex Merkel Medina, Finance Manager
SUBJECT: PRESENTATION OF SEPTEMBER AND OCTOBER 2022 BUDGET

REPORTS

BACKGROUND
The City Council adopted the Fiscal Year 2022-2023 Budget and Capital Improvement Program on May 16, 2022. The attached reports examine fiscal activity taking place during the months of September and October 2022 and includes all funds within the operating budget. The report analyzes year-to-date transactions in comparison to budgeted amounts for the entire fiscal year, expressing each category using a percentage-of-completion methodology. It additionally provides comparisons in activity level to the same time period last fiscal year.

DISCUSSION
September Period
As of the end of September 2022, twenty-five (25) percent of the fiscal year has elapsed.

SEPTEMBER REVENUES:

The City received its first remittance of Sales and Use Tax and Measure LP transactions tax for the fiscal year, in the amounts of $308,707 and $307,430, respectively. This corresponds to about eight (8) percent of budget. Several General Fund revenue accounts are currently outpacing their budget expectations. Strong activity within Building & Safety Permits, at 56%, is being driven by permit fees for a new residential development within the city limits.

Recreation Programs and Passport Program display results of 54% and 56% of budgeted revenues, respectively, owing largely to the popularity of the program and the service provided by staff at the La Puente Community Center.

City of La Puente

AGENDA REPORT
Monthly Budget Report – September & October 2022
For Meeting of November 15, 2022

Page 2 ends

SEPTEMBER EXPENDITURES:

Across all funds, expenditures fiscal year-to-date represent 14.6% of budget, in comparison to

13.1% at this time last year. The figures for the General Fund are 13.2% and 12.0%, respectively.

The City continues to expend revenues from the Measure LP transactions tax exclusively on public safety, street and sidewalk repairs, and community services, as was the intent of the enacting legislation. Fiscal year-to-date, the City has expended approximately $1,794,900 in Measure LP funds. The following chart provides a graphic depiction of how these funds have been utilized to provide critical resources throughout the community.

October Period
As of the end of October 2022, thirty-three (33) percent of the fiscal year has elapsed.

OCTOBER REVENUES:

General fund total revenues have reached 12.4% of annual budget, comparable to 13% received at this point in FY 2021-2022. This equates to $2,329,227. Areas of strength in the current budget year include Licenses and Permits and Charges for Services, outpacing the fiscal cycle at 61.6% and 45.1%, respectively. These promising returns are largely the result of development occurring within the city. Across all funds, approximately 23.7% of budgeted revenues have been collected to date.

Monthly Budget Report – September & October 2022
For Meeting of November 15, 2022

Page 3 ends

OCTOBER EXPENSES:

General fund operating expenditures through the October period total $3.88 million, equal to

20.7% of budget. The slight savings seen in comparison to this time last fiscal year (a decrease of 18%) is largely due to unbilled expenses due to the L.A. County Sheriff’s Department.

Special revenue fund expenditures, at 16.3%, are generally on pace with October 2021 postings (17.3%).

The City continues to expend revenues from the Measure LP transactions tax exclusively on public safety, street and sidewalk repairs, and community services, as was the intent of the enacting legislation. As of October, the City has expended approximately $2,604,874 in Measure LP funds. The following chart provides a graphic depiction of how these funds have been utilized to provide critical resources throughout the community.

RECOMMENDATION
It is recommended that the City Council receive and file this report.

ATTACHMENTS
Attachment “A”: Monthly Budget Report – September 2022
Attachment “B”: Monthly Budget Report – October 2022
FY 2022-2023 FY 2022-2023 FY 2021-2022 FY 2021-2022
BUDGET YTD ACTUAL % BUDGET YTD ACTUAL %

GENERAL FUND
Property Tax 7,299,700 39,346 0.5% 6,865,300 37,522 0.5% Sales Tax 3,742,000 308,707 8.2% 3,538,700 320,158 9.0% Sales Tax - Measure LP 3,586,000 307,430 8.6% 3,013,000 289,700 9.6% Other Taxes and Assesments 1,568,300 39,166 2.5% 1,483,600 49,031 3.3% Licenses and Permits 530,400 239,787 45.2% 537,400 169,361 31.5% Fines and Forfeitures 307,500 55,615 18.1% 272,500 55,657 20.4% Use of Money 200,000 13,677 6.8% 190,000 19,647 10.3%
Intergovernmental 300,000 7,625 2.5% 546,000 123,822 22.7% Charges for Services 622,900 218,857 35.1% 646,700 158,850 24.6% Other 637,700 13,584 2.1% 437,100 - 0.0%
TOTAL GENERAL FUND 18,794,500 - 1,243,796 6.6% 17,530,300 1,223,748 7.0%

SPECIAL REVENUE FUNDS
201 Gas Tax 1,162,900 179,899 15.5% 1,059,700 275,262 26.0% 202 RMRA (SB1) 916,800 69,563 7.6% 800,300 68,029 8.5%
204 Measure M 692,500 189,433 27.4% 580,600 178,600 30.8% 205 Measure R 611,400 167,276 27.4% 512,700 157,916 30.8% 206 Prop A Fund 1,033,500 276,398 26.7% 927,100 260,399 28.1% 207 Prop C Fund 819,200 223,088 27.2% 687,500 210,712 30.6% 208 AQMD 77,000 13,185 17.1% 77,000 - 0.0%
209 Miscellaneous Grants 5,046,600 - 0.0% 228,000 - 0.0% 211 Lighting & Landscape Maintenance District 920,300 21,710 2.4% 878,400 20,857 2.4% 221 CDBG 446,200 17,146 3.8% 477,600 82,145 17.2%
pecia PEG Access 35,600 - 0.0% 35,600 - 0.0%
233 Supplemetal Law Enforcement Fund 160,000 - 0.0% 140,000 - 0.0% American Rescue Plan Act Fund 4,738,200 4,738,200 0.0% 4,738,255 4,738,255 0.0% 252 Other Special Revenue 1,257,400 11,547 0.9% 1,716,800 - 0.0% TOTAL SPECIAL REVENUE FUNDS 17,917,600 5,907,445 33.0% 12,859,555 5,992,175 46.6%

CAPITAL PROJECTS & DEBT SERVICE FUNDS
Citywide Debt Service 743,800 - 100.0% 627,800 - 0.0%
2019A Debt Service 262,800 - 0.0% 263,600 - 0.0%
2018B Debt Service 235,400 - 0.0% 230,400 - 0.0%
Capital Projects 53,300 - 0.0% 53,500 - 0.0%
Series 2019A Capital Project - - 0.0% - - 0.0%
Series 2019 B Capital Project - - 0.0% - - 0.0%
TOTAL CAP. PROJ. & DEBT SERVICE FUNDS 1,295,300 - - 0% 1,175,300 - 0.0%

SUCCESSOR AGENCY
Successor Agency to the LPCDC 677,300 2 0.0% 601,000 2 0.0%

PROPRIETARY FUNDS
Sewer Construction/Maintenance Fund 1,461,000 - 0.0% 1,375,000 - 0.0% Equipment Replacement Fund 188,000 - 0.0% 161,000 45,195 28.1% Vehicle Maintenance & Replacement Fund 420,000 3,300 0.8% 188,200 47,000 25.0% TOTAL REVENUES 40,753,700 7,154,542 17.6% 33,890,355 7,308,120 21.6%

CITY OF LA PUENTE
Monthly Budget Report - September 2022
Statement of Revenues

25.00 % of the Fiscal Year Complete

ATTACHMENT A
FY 2022-2023 FY 2022-2023 FY 2021-2022 FY 2021-2022
BUDGET YTD ACTUAL % BUDGET YTD ACTUAL %

GENERAL FUND
General Government 1,699,000 280,187 16.5% 1,422,800 371,290 26.1% Administrative Services 1,580,900 641,217 40.6% 1,586,400 545,809 34.4% General Services 249,800 31,204 12.5% 247,300 32,848 13.3% Public Safety 10,278,100 376,734 3.7% 9,973,000 273,225 2.7% Development Services 2,219,000 628,182 28.3% 1,895,000 449,705 23.7% Community Services 1,943,400 517,431 26.6% 1,772,900 444,564 25.1% Transfers 824,300 - 0.0% 692,900 - 0.0%
TOTAL GENERAL FUND 18,794,500 2,474,956 13.2% 17,590,300 2,117,441 12.0%

SPECIAL REVENUE FUNDS
201 Gas Tax 1,158,400 186,895 16.1% 1,023,200 138,589 13.5% RMRA/SB1 25,400 5,317 20.9% 23,100 5,132 22.2%
204 Measure M 486,500 43,693 9.0% 472,200 43,658 9.2%
205 Measure R 509,700 40,496 7.9% 489,800 51,182 10.4%
206 Prop A 1,362,500 199,543 14.6% 896,800 152,340 17.0% 207 Prop C 77,500 15,190 19.6% 68,700 21,410 31.2%
208 AQMD 151,700 - 0.0% 121,100 - 0.0%
211 Lighting & Landscape Maintenance District 942,700 181,754 19.3% 928,200 201,085 21.7% 221 CDBG 445,600 50,256 11.3% 477,600 125,591 26.3%
CDBG CARES Fund - - 0.0% - - 0.0%
State CARES Act Fund - - 0.0% - 4,945 0.0%
Supplemental Law Enforcement Fund 160,000 - 0.0% 140,000 - 0.0% pecia PEG Access 28,000 - 0.0% 92,500 9,808 10.6%
American Rescue Plan Act Fund 3,900,700 416,937 10.7% 3,413,200 218,292 0.0% 252 Other Special Revenue 286,200 6,907 2.4% 333,200 1,410 0.4% TOTAL SPECIAL REVENUE FUNDS 9,534,900 1,146,988 12.0% 8,479,600 973,442 11.5%

CAPITAL PROJECTS & DEBT SERVICE FUNDS
Citywide Debt Service Fund 743,800 582,079 78.3% 642,100 503,568 0.0% Capital Projects 53,500 - 0.0% 53,500 - 0.0%
Series 2019A Debt Service 262,800 - 0.0% 263,600 - 0.0% Series 2019 B Debt Service 235,400 - 0.0% 230,400 - 0.0% TOTAL CAP. PROJ. & DEBT SERVICE FUNDS 1,295,500 582,079 44.9% 1,189,600 503,568 42.3%

SUCCESSOR AGENCY
Successor Agency to the LPCDC 1,066,400 414,800 38.9% 1,004,800 336,874 33.5%

PROPRIETARY FUNDS
Sewer Construction/Maintenance Fund 1,369,300 - 0.0% 1,623,400 5,860 0.4% Equipment Replacement Fund 187,000 45,531 24.3% 161,000 19,089 11.9% Vehicle Maintenance & Replacement Fund 420,000 112,123 26.7% 352,200 30,228 8.6% TOTAL OPERATING EXPENDITURES 32,667,600 4,776,477 14.6% 30,400,900 3,986,502 13.1%

CITY OF LA PUENTE
Monthly Budget Report - September 2022
Statement of Operating Expenditures

25.00 % of the Fiscal Year Complete
FY 2022-2023 FY 2022-2023 FY 2021-2022 FY 2021-2022
BUDGET YTD ACTUAL % BUDGET YTD ACTUAL %

GENERAL FUND
Property Tax 7,299,700 39,346 0.5% 6,865,300 37,522 0.5% Sales Tax 3,742,000 611,145 16.3% 3,538,700 673,610 19.0% Sales Tax - Measure LP 3,586,000 602,873 16.8% 3,013,000 589,875 19.6% Other Taxes and Assesments 1,568,300 285,709 18.2% 1,483,600 278,710 18.8% Licenses and Permits 530,400 326,474 61.6% 537,400 214,788 40.0% Fines and Forfeitures 307,500 89,836 29.2% 272,500 96,304 35.3% Use of Money 200,000 56,415 28.2% 190,000 39,777 20.9%
Intergovernmental 300,000 7,626 2.5% 546,000 146,601 26.9% Charges for Services 622,900 281,227 45.1% 646,700 198,480 30.7% Other 637,700 28,576 4.5% 437,100 - 0.0%
TOTAL GENERAL FUND 18,794,500 - 2,329,227 12.4% 17,530,300 2,275,667 13.0%

SPECIAL REVENUE FUNDS
201 Gas Tax 1,162,900 263,714 22.7% 1,059,700 275,393 26.0% 202 RMRA (SB1) 916,800 140,869 15.4% 800,300 144,322 18.0% 204 Measure M 692,500 253,645 36.6% 580,600 240,335 41.4% 205 Measure R 611,400 224,079 36.7% 512,700 212,548 41.5% 206 Prop A Fund 1,033,500 368,764 35.7% 927,100 351,480 37.9% 207 Prop C Fund 819,200 298,829 36.5% 687,500 284,894 41.4% 208 AQMD 77,000 13,185 17.1% 77,000 - 0.0%
209 Miscellaneous Grants 5,046,600 837,544 16.6% 228,000 145,716 63.9% 211 Lighting & Landscape Maintenance District 920,300 21,710 2.4% 878,400 21,202 2.4% 221 CDBG 446,200 35,395 7.9% 477,600 82,145 17.2%
pecia PEG Access 35,600 - 0.0% 35,600 - 0.0%
233 Supplemetal Law Enforcement Fund 160,000 80,813 50.5% 140,000 74,262 53.0% American Rescue Plan Act Fund 4,738,200 4,738,200 100.0% 4,738,255 4,738,255 100.0% 252 Other Special Revenue 1,257,400 11,547 0.9% 1,716,800 1,307 0.1% TOTAL SPECIAL REVENUE FUNDS 17,917,600 7,288,292 40.7% 12,859,555 6,571,859 51.1%

CAPITAL PROJECTS & DEBT SERVICE FUNDS
Citywide Debt Service 743,800 - 100.0% 627,800 - 0.0%
2019A Debt Service 262,800 - 0.0% 263,600 - 0.0%
2018B Debt Service 235,400 - 0.0% 230,400 - 0.0%
Capital Projects 53,300 - 0.0% 53,500 - 0.0%
Series 2019A Capital Project - - 0.0% - - 0.0%
Series 2019 B Capital Project - - 0.0% - - 0.0%
TOTAL CAP. PROJ. & DEBT SERVICE FUNDS 1,295,300 - - 0% 1,175,300 - 0.0%

SUCCESSOR AGENCY
Successor Agency to the LPCDC 677,300 2 0.0% 601,000 2 0.0%

PROPRIETARY FUNDS
Sewer Construction/Maintenance Fund 1,461,000 19,089 1.3% 1,375,000 1,905 0.1% Equipment Replacement Fund 188,000 - 0.0% 161,000 45,573 28.3% Vehicle Maintenance & Replacement Fund 420,000 3,300 0.8% 188,200 64,962 34.5% TOTAL REVENUES 40,753,700 9,639,910 23.7% 33,890,355 8,959,968 26.4%

CITY OF LA PUENTE
Monthly Budget Report - October 2022
Statement of Revenues

33.00 % of the Fiscal Year Complete
FY 2022-2023 FY 2022-2023 FY 2021-2022 FY 2021-2022
BUDGET YTD ACTUAL % BUDGET YTD ACTUAL %

GENERAL FUND
General Government 1,699,000 454,005 26.7% 1,422,800 458,992 32.3% Administrative Services 1,580,900 735,162 46.5% 1,586,400 620,226 39.1% General Services 249,800 53,365 21.4% 247,300 46,880 19.0% Public Safety 10,278,100 1,145,868 11.1% 9,973,000 2,379,074 23.9% Development Services 2,219,000 817,909 36.9% 1,895,000 678,054 35.8% Community Services 1,943,400 681,833 35.1% 1,772,900 580,067 32.7% Transfers 824,300 - 0.0% 692,900 - 0.0%
TOTAL GENERAL FUND 18,794,500 3,888,143 20.7% 17,590,300 4,763,293 27.1%

SPECIAL REVENUE FUNDS
201 Gas Tax 1,158,400 258,676 22.3% 1,023,200 235,746 23.0% RMRA/SB1 25,400 8,564 33.7% 23,100 6,860 29.7%
204 Measure M 486,500 59,952 12.3% 472,200 57,441 12.2% 205 Measure R 509,700 52,878 10.4% 489,800 65,435 13.4% 206 Prop A 1,362,500 218,489 16.0% 896,800 206,465 23.0% 207 Prop C 77,500 20,878 26.9% 68,700 - 0.0%
208 AQMD 151,700 124 0.1% 121,100 - 0.0%
211 Lighting & Landscape Maintenance District 942,700 288,424 30.6% 928,200 301,450 32.5% 221 CDBG 445,600 64,055 14.4% 477,600 169,157 35.4%
CDBG CARES Fund - - 0.0% - 0.0%
State CARES Act Fund - - 0.0% - 5,763 0.0%
Supplemental Law Enforcement Fund 160,000 - 0.0% 140,000 - 0.0% pecia PEG Access 28,000 - 0.0% 92,500 29,576 32.0%
American Rescue Plan Act Fund 3,900,700 557,297 14.3% 3,413,200 361,185 0.0% 252 Other Special Revenue 286,200 27,182 9.5% 333,200 28,329 8.5% TOTAL SPECIAL REVENUE FUNDS 9,534,900 1,556,517 16.3% 8,479,600 1,467,407 17.3%

CAPITAL PROJECTS & DEBT SERVICE FUNDS
Citywide Debt Service Fund 743,800 582,079 78.3% 642,100 503,568 0.0% Capital Projects 53,500 - 0.0% 53,500 53,287 99.6%
Series 2019A Debt Service 262,800 - 0.0% 263,600 - 0.0% Series 2019 B Debt Service 235,400 - 0.0% 230,400 - 0.0% TOTAL CAP. PROJ. & DEBT SERVICE FUNDS 1,295,500 582,079 44.9% 1,189,600 556,855 46.8%

SUCCESSOR AGENCY
Successor Agency to the LPCDC 1,066,400 414,800 38.9% 1,004,800 336,874 33.5%

PROPRIETARY FUNDS
Sewer Construction/Maintenance Fund 1,369,300 - 0.0% 1,623,400 - 0.0% Equipment Replacement Fund 187,000 59,784 32.0% 161,000 43,857 27.2% Vehicle Maintenance & Replacement Fund 420,000 139,199 33.1% 352,200 54,624 15.5% TOTAL OPERATING EXPENDITURES 32,667,600 6,640,523 20.3% 30,400,900 7,222,909 23.8%

CITY OF LA PUENTE
Monthly Budget Report - October 2022
Statement of Operating Expenditures

33.00 % of the Fiscal Year Complete
AGENDA ITEM NO. E-2
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
By: Kimberly Cardona, Community Resource Technician
SUBJECT: CONSIDERATION OF AWARD OF YOUTH WORKFORCE GRANT

SUBRECIPIENT AGREEMENTS TO DELHAVEN COMMUNITY CENTER,

GOODWILL SOUTHERN CALIFORNIA, AND SAN GABRIEL VALLEY
CONSERVATION CORPS.

BACKGROUND
The City of La Puente pursued a $3.6 million grant through the Governor's CaliforniansForAll Youth Workforce Initiative to enhance and expand the City of La Puente Beautification Workforce Development Program and Homeless Prevention Initiative. The City of La Puente will be assisting in the hiring of ninety (90) local youth by collaborating with local community-based organizations.

The workforce development program is intended to assist youth job seekers in obtaining employment, education, training, and support services necessary to succeed in today's labor market, as well as to develop the skilled workforce required by local businesses to compete in the global economy. Partner agencies will provide employment opportunities allowing youth participants to develop interest and experience for a career, and to strengthen City capacity to address key areas of climate, food insecurity, and local COVID-19 recovery.

On October 5, 2022, the City invited sealed proposals from nonprofit organizations for the La Puente Youth Workforce Development Program. All proposals were due and opened on October 17, 2022.

The City received a total of four (4) proposals. The results of the bids are as follows:

Delhaven Community Center
Goodwill Southern California
San Gabriel Valley Conservation Corps
$532,312.00
$970,500.00
$2,089,825.00
Heluna Health $3,600,000.00
All four (4) organizations provided proposals responsive to the requirements of the request for proposal and are nonprofit 501(c)(3) agencies in good standing with state and federal regulations.

Upon review of the proposals, staff noted a minor mathematical error in the proposal provided by San Gabriel Valley Conservation Corps, with a correct total bid of $2,089,825. This did not affect the ranking of their proposal. Staff determined that three (3) agencies - Delhaven Community Center, City of La Puente

AGENDA REPORT
Agenda Report: Award of Subrecipient Agreements-Youth Workforce Grant For meeting of: November 15, 2022

Page 2 ends

Goodwill Southern California, and San Gabriel Valley Conservation Corps - were the lowest responsive bidders. Staff recommends that the City Council award subrecipient agreements to these agencies in an amount not-to-exceed their respective bids.

DISCUSSION
The purpose of the La Puente Youth Workforce Development Program is to transform lives and communities through innovative workforce services. Additional details regarding the funding limits for each program area, and the expected term of initial grant agreements, are summarized below.

Delhaven Community Center
Delhaven Community Center will place participants in positions that fall into the areas of support for families with food insecurity, local covid recovery and climate. Job placement at local family resource center- Delhaven Family Resource Center- will provide food, clothing and various other items for individuals/families experiencing hardships and food insecurities. There will be job placements at school sites, assisting local after school students with social emotional lessons and support as they return to classes post COVID-19. This will also include working with after school students delivering lessons aimed at providing students with information or building upon an already existing understanding of climate and its effects on a national and global level. As well as job placements in social programs assisting developmentally disabled individuals transitioning from virtual programming to in person activities post COVID-19.

Goodwill Southern California, which operates the East San Gabriel Valley AJCC Goodwill Southern California will provide youth employment opportunities, with a focus on serving youth within La Puente City Limits. This includes engaging in community services, special events, senior services, veterinary care/ no-kill shelter support activities, and community food distribution/ food banks, see as follow:
• Community Service Special Events: Youth shall assist the staff at La Puente Community Center during special events, including but not limited to the summer lunch program, Spring Egg Hunt, Movies in the Park, Concerts in the park, National Night Out, Día De Los Muertos, Veterans Day, Holiday Parade and Tree Lightning. Tasks will include assisting with event setup, takedown/cleanup, and assisting members of the public. • Senior Services: Youth will work at the Senior Center assisting with planning and instructing recreational classes, scheduling transportation for medical appointments and outings, assist with the distribution of meals for consumption at the Senior Center and pre-packaging meals for seniors that do not have the ability to leave their home. • Veterinary Care/No-kill shelter: Youth will be taught the proper care of animals brought in by residents who cannot afford veterinary care or cannot afford food for their animals. These shelters and veterinary facilities provide food, medicine, and care to residents experiencing financial hardships. Some of the tasks may include but are not limited to working directly to assist a licensed veterinarian with basic and routine non-medical tasks, office support, creating a healthy environment, preparing food, feeding the animals, and cleaning cages and other facilities. This program exposes youth to veterinary science.

Agenda Report: Award of Subrecipient Agreements-Youth Workforce Grant For meeting of: November 15, 2022

Page 3 ends

• Community Food Distribution/Food Banks: Youth will assist with food inventory, separate perishables and non-perishables, and create baskets for distribution. In addition, youth may be tasked with participating in mobile food distributions, drive-through pantries, and no-contact distributions.

San Gabriel Valley Conservation Corps
San Gabriel Valley Conservation Corps will provide, youth employment opportunities with a focus on city park operations and maintenance, urban forestry, snack bar operations, city facilities maintenance, city beautification, and community food distribution/food banks as follows (collectively, the "Project").
• Parks Operations and Maintenance (O&M): Youth will perform routine O&M activities. At La Puente Park and Puente Creek Nature Educational Center, youth will clean/disinfect park surfaces/playgrounds/gym equipment, and plant and care for trees and vegetation. At the Urban Orchard (to be developed by the city in collaboration with the East San Gabriel Valley Conservation Corp), youth will perform traditional park O&M activities, while also conducting specialized care for the vegetation, collection of produce for the public, and leading educational orchard tours for the general public.
• Urban Forestry: Youth will participate in pruning, and general care of trees and vegetation in parks, as well as landscaping along streets, medians, and other facilities within the public rightof-way. Urban forestry may also include specialized plant care for the Urban Orchard. • Snack Bar Operations: Snack bar operations will be conducted at the snack bar located in La Puente Park where fresh food and drinks are served. Duties shall include stocking food and drinks, preparing and cleaning work areas, greeting the public, responding to inquiries, and cashiering.
• City Facilities Maintenance: The city facilities maintenance team will be responsible for performing routine general cleaning, including but not limited to daily trash removal, dusting, restocking/cleaning restrooms, sweeping/mopping/vacuuming, cleaning/disinfecting tables and counters, and cleaning/disinfecting community surfaces (handrails, water fountains, vending machines, etc.).
• City Beautification: Youth will participate in illegal dumpsite cleanups, hauling away and properly disposing of large items such as mattresses, furniture, tires, other debris. Litter Abatement will be conducted remove litter throughout the City. Sidewalk pressure washing services shall include regularly scheduled pressure washing of sidewalks that accomplishes the removal of dirt and stains, cleaning of public trash cans in the public right-of-way, removal of gum and other substances/objects that may adhere to sidewalk surfaces, and the placement of clearly legible “Caution” signs on sidewalks for the duration of cleaning activities. • Community Food Distribution/Food Banks: Youth will assist with food inventory, separate perishables and non-perishables, and create baskets for distribution. In addition, youth may be Agenda Report: Award of Subrecipient Agreements-Youth Workforce Grant For meeting of: November 15, 2022

Page 4 ends

tasked with participating in mobile food distributions, drive-through pantries, and no-contact distributions

FISCAL IMPACT
This program will be funded exclusively by a state grant, and there is no impact to the General Fund.

The available funding awarded to the City is $3,600,000. The sum of the three (3) subrecipient agreements awarded herein is an amount not-to-exceed $3,592,637.

RECOMMENDATION
It is recommended that the City Council: (1) award subrecipient agreements to Delhaven Community Center, Goodwill Southern California, and San Gabriel Valley Conservation Corps; and (2) authorize the City Manager to execute all documents necessary to effectuate these agreements.

ATTACHMENTS
Attachment “A”: Subrecipient Agreement with Delhaven Community Center Attachment “B”: Subrecipient Agreement with Goodwill Southern California Attachment “C”: Subrecipient Agreement with San Gabriel Valley Conservation Corps

THIS SUBRECIPIENT AGREEMENT (the "Agreement") is made and entered as of November 15, 2022, by and between the CITY OF LA PUENTE, a municipal corporation ("City"), and DELHAVEN COMMUNITY CENTER a California nonprofit public benefit corporation ("Subrecipient").

RECITALS:

WHEREAS Subrecipient is a tax-exempt non-profit public benefit corporation whose mission is to; develop and transform disadvantaged youth in the San Gabriel Valley by providing academic, vocational, and leadership development while employing them to provide valuable services to improve their communities and the natural environment.

WHEREAS the City was awarded the sum of $3, 600,000.00 (Three Million Six Hundred Thousand Dollars) by California Volunteers under its 2021 Californians For All Youth Job Corps RFA and seeks to expand its partnership with Subrecipient;
AGREEMENT:

NOW, THEREFORE, in consideration of the mutual terms and conditions herein, the parties agree as follows:

1. Project. Delhaven Community Center will place participants in positions that fall into the areas of support for families with food insecurity, local covid recovery and climate. Job placement at local family resource center- Delhaven Family Resource Center- will provide food, clothing and various other items for individuals/families experiencing hardships and food insecurities. There will be job placements at school sites, assisting local after school students with social emotional lessons and support as they return to classes post COVID-19. This will also include working with after school students delivering lessons aimed at providing students with information or building upon an already existing understanding of climate and its effects on a national and global level. As well as job placements in social programs assisting developmentally disabled individuals transitioning from virtual programming to in person activities post COVID-19.

2. Term. The term of this Agreement shall commence on November 15, 2022 (the "Commencement Date") and shall terminate on, November 15, 2023 (the "Expiration Date"). The term of this Agreement may be renewed for one (1) additional year at the option of the City Manager. This Agreement does not reimburse any expenditure incurred by Subrecipient prior to the Commencement Date and does not reimburse any expenditure made after the Expiration Date without the City Manager's written authorization to extend the term.

3. Budget; Project Proposal Form.

A. The City shall reimburse Subrecipient for the reasonable and verifiable costs actually incurred in the performance of the Program under this Agreement, not to exceed a maximum reimbursement of $ 532,312.00. Subrecipient shall not submit any request for reimbursement to the City nor shall the City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this program.

B. Subrecipient shall submit, in a form reasonably prescribed by the City, requests for reimbursement of project expenditures on a monthly basis. Subrecipient agrees to

ATTACHMENT A
furnish all supporting documents related to the reimbursement request as required by the City, including, but not limited to, employee timesheets, payroll documents, and other accounting records. Subrecipient shall certify that all expenditures submitted for reimbursement are legitimate project expenditures.

C. Funds allocated pursuant to this Agreement shall be used exclusively for costs incurred by Subrecipient in the performance of the Project under this Agreement. No funds paid by the City to Subrecipient under this Agreement shall be used as security or to guarantee payments for any non-Project obligations, nor as loans for non-Project activities.

D. The City shall designate and approve Projects to be undertaken as reflected in the Project Proposal and Scope of Work detailed in Exhibit "A", attached hereto, and incorporated herein by this reference.

4. Orientation. The City and Subrecipient shall jointly hold orientation meetings from time to time, initially with Subrecipient personnel at the commencement of the Project to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of the Project, and then later as appropriate and required.

5. Work to be Performed. Subrecipient shall implement the Project described in this Agreement fully in accordance with the terms of the 2022 Californians For All Youth Job Corps RFA and the City's application thereunder for funds to carry out the Project, including without limitation, compliance with applicable provisions of the U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule, the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds, and the Compliance and Reporting User Guide. Subrecipient shall also undertake and assume the same obligations to the City that the City has undertaken under the 2022 Californians For All Youth Job Corps RFA. .

6. Project Commencement.

A. The Project Approval Form shall specify which of the following permits, plans and specifications shall be the responsibility of City and which shall be the responsibility of Subrecipient: approvals and permits required by any other state, federal, or local agency which may be necessary to commence construction or operation of the Project, adequate plans and specifications, sufficient funds, materials, supplies, equipment, adequate technical supervision, and any special labor requirements to complete the Project.

B. Subrecipient shall coordinate with trade unions or other labor organizations to resolve problems pertaining to any element of the Project. However, if a problem arises, Subrecipient may withdraw from any element of the Project having the problems.

7. Program Coordination.

A. The City Manager or designee shall coordinate the Project with Subrecipient and shall render overall supervision of the progress and performance of this Agreement by the City.

B. Subrecipient's Executive Director shall have overall responsibility for performance of this Agreement and for coordinating with the City. If the Executive Director is replaced during the term of this Agreement, Subrecipient shall notify the City immediately of such occurrence. The Executive Director and Subrecipient staff will fully cooperate with the City relating to the Project, areas of concern, and the impact of the Project on residents of the City.

8. Permission Granted. After a Project Approval Form is approved, Subrecipient, its contractors, officers, agents, and subcontractors shall have permission to enter upon that certain City-owned real property specified in the Project Approval Form for the purpose set forth in said form. The permission granted by this Section is limited to a reasonable area around the Project site and ingress and egress thereto and is limited to the dates contemplated for completion of the Project as specified on the Project Approval Form.

9. Payment of Costs.

A. The Project shall be undertaken at Subrecipient' sole cost and expense on a reimbursement basis, except for a Project where the City materials and supplies are to be used as specified in the Project Approval Form and except where the parties have agreed in writing to other payment arrangements prior to or simultaneous with approval of a Project.

B. Subrecipient acknowledges and agrees that if the actual cost of a Project exceeds the estimated cost on the Project Approval Form, the City is not responsible for the difference and shall not reimburse Subrecipient for any additional costs incurred, unless those additional costs are due to additions or changes to the Project which were requested by the City.

10. Title to Improvements. Title to all improvements, if any, constructed in whole or in part on lands owned or controlled by the City shall vest in the City upon completion or final inspection of the Project, whichever is sooner.

11. Emergencies. Temporary suspension or permanent cessation of a Project may be required due to emergency conditions. Under such circumstances, the City and Subrecipient shall mutually agree on the postponement of a Project and who should bear the costs incurred due to said postponement.

12. Time and Progress.

A. Subrecipient shall begin work on each Project in conformity with the provisions set forth herein and shall work with diligence so as to complete the Project according to the time schedule in the Project Approval Form.

B. Subrecipient shall work so that the completed Project shall be comparable to that specified in the Project Approval Form. Subrecipient and the City shall notify each other and obtain approval from each other prior to any change in the time schedule.

13. Use of Premises.

A. Subrecipient shall confine construction equipment, the storage of materials and equipment, and the operations of workers to each Project site and areas identified in and permitted by the City and shall not unreasonably encumber same with construction equipment or other materials or equipment.

B. During the work, Subrecipient shall keep each Project site and said areas free from accumulations of waste, rubbish, and debris. Upon completion of the Project, Subrecipient shall remove all waste, rubbish and debris from and about each Project site and said areas as well as all tools, equipment, machinery, and surplus materials, and shall leave the Project site and said areas clean and ready for occupancy by the City. Subrecipient shall restore to original condition all property not designated for alteration by this Agreement.

C. Subrecipient shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Subrecipient subject any part of the Project or adjacent property to stresses or pressures that will endanger them.

14. Rights of Entry and Inspection. City, its officials, agents and employees shall at all times have the right of entry and free access to the Project site and areas identified in and permitted by the Project Approval Form and right to inspect all work done, labor performed, and materials furnished in and about the Project and to inspect all books, contracts, and records of Subrecipient pertaining to the Project.

15. Progress Reports.

A. Subrecipient shall keep the City Manager or designee informed on all phases of the Project. Without limiting the foregoing, until the Project has been completed, Subrecipient shall prepare and submit to the City Quarterly Performance Reports corresponding to the quarters of the Agreement year, as follows:

Quarter 1 = July--September
Quarter 2 = October--December
Quarter 3 = January--March
Quarter 4 = April--June.

B. A complete Quarterly Performance Report must be received by the City within 30 days after the end of Quarters 1, 2 and 3, and within 10 days of June 30'1-1 after the 4th Quarter and shall contain such detail as may be reasonably requested by the City.

16. Project Supervision. Work on a Project shall be under the immediate supervision of Subrecipient’s program managers. The city may provide such operation supervision, technical assistance, guidelines and inspection as the City considers necessary to properly complete the Project. Subrecipient expressly warrants that neither Subrecipient nor any of Subrecipient employees shall represent themselves to be employees or agents of the City.

17. Signs. Subrecipient shall not construct, maintain, place or allow any signs, exhibits, displays, emblems, or logos on any Project site without the prior approval of the City Manager or designee. Subrecipient shall not use the City's logo in the performance of the Project without the prior approval of the City Manager or designee.

18. Compliance with Laws. Subrecipient shall comply with all applicable local, state and federal laws, ordinances, rules, and regulations pertaining to the Project, including but not limited to any environmental specifications on the Project Approval Form, and shall obtain such permits, licenses, and certificates required by all federal, state and local government authorities.

19. Insurance. As a condition precedent to the effectiveness of this Agreement, Subrecipient shall procure and maintain at Subrecipient's expense for the duration of this Agreement from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A: VIII by A.M. Best and Company the following insurance:
(a) Commercial general liability insurance naming the City of La Puente, its officials, employees, and agents as additional insureds from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of any manner connected to Subrecipient's operations or performance under this Agreement in an amount not less than One Million Dollars ($1,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) general aggregate. Such insurance shall not exclude or limit coverage for broad form contractual liability, cross-liability protection, independent contractors liability, abuse or molestation liability, or products and completed operations liability. (b) Workers' compensation coverage as required by the California Labor Code and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or occupational illness.
(c) Commercial automobile liability insurance equivalent in coverage scope to ISO form CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit per accident for bodily injury and property damage covering Auto Symbol 1 (All Autos).
(d) Sexual Abuse and Molestation Liability Insurance endorsement to the commercial general liability insurance in amounts of not less than One Million Dollars ($1,000,000) per occurrence.

Subrecipient shall deliver to the City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. No "Claims made" policies shall be acceptable. This insurance shall not be deemed to limit Subrecipient's liability relating to performance under this Agreement. The City reserves the right to require complete certified copies of said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the prior written approval of the City's Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Agreement.

20. Indemnity. Subrecipient shall, with respect to services performed in connection with this Agreement, indemnify and hold harmless the City, its Boards, Commissions, and their officials, employees and agents (collectively in this Section, "City") from and against any and all liability, claims, demands, damage, loss, causes of action, proceedings, penalties, costs and expenses (including attorney's fees, court costs, and expert and witness fees) (collectively "Claims" or individually "Claim"). Claims include allegations and include by way of example but are not limited to: Claims for property damage, personal injury or death arising in whole or in part from any negligent act or omission of Subrecipient, its officers, employees, agents, or anyone under Subrecipient control (collectively "Indemnitor"); Subrecipient breach of this Agreement; misrepresentation; willful misconduct; and Claims by any employee of Indemnitor relating in any way to workers' compensation. Independent of the duty to indemnify and as a free-standing duty on the part of Subrecipient, Subrecipient shall defend City and shall continue such defense until the Claim is resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Indemnitor shall be required for the duty to defend to arise. Subrecipient shall notify the City of any claim within ten (10) days. Likewise, the City shall notify Subrecipient of any claim, shall tender the defense of such claim to Subrecipient, and shall assist Subrecipient, as may be reasonably requested, in such defense.

Subrecipient's Representations and Warranties. Subrecipient represents and warrants:
(a) that Subrecipient is a duly organized and validly existing nonprofit public benefit corporation in good standing under the laws of the State of California; (b) that Subrecipient is a tax-exempt public charity under Section 501(c)(3) of the U.S. Internal Revenue Code; (c) that the form, terms and provisions of this Agreement have been approved in all respects by Subrecipient's governing board at a meeting duly noticed and held; (d) that Subrecipient's Executive Director has been duly authorized to execute and deliver this Agreement on behalf of Subrecipient; (e) that Subrecipient's execution, delivery and performance of this Agreement are not in contravention of any provision of law, or of any agreement, by which Subrecipient is bound; (f) no action or proceeding is now pending or, to the best of Subrecipient's knowledge, is threatened, against Subrecipient, in equity or otherwise, before any court, board, commission, agency or instrumentality of the Federal Government or any state government or of any municipal government or any agency or subdivision thereof; or before any arbitrator or panel of arbitrators; (g) Subrecipient is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any material contractual obligation of Subrecipient, and no condition exists which with the giving of notice or the lapse of time or both would constitute such a default; (h) all financial statements furnished to City by Subrecipient are true, correct and complete and all other information previously furnished by or on behalf of Subrecipient to City in connection with this Agreement is true, complete and correct in all material respects and does not fail to state any material fact necessary to make the statements made not misleading; and (i) no material adverse change in the operations or financial condition of Subrecipient has occurred since the City received the notice of intent to award on March 25, 2022.

Nondiscrimination. In connection with performance of this Agreement and subject to applicable rules and regulations, Subrecipient shall not discriminate against any employee or applicant for employment because of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, handicap, or disability. Subrecipient shall ensure that applicants are employed, and that employees are treated during their employment, without regard to these bases.

Such actions shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

Amendment and Waiver. This Agreement shall not be amended except in writing signed by the parties which expressly refers to this Agreement. The acceptance of work or the payment of any money by the City shall not operate as a waiver of any provision of this Agreement, or of any right to damages or indemnity stated in this Agreement. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement.

24. Governing Law; Venue. Except where federal law preempts, this Agreement shall be governed by and construed pursuant to the laws of the State of California (except those provisions of California law pertaining to conflicts of law). In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be had in any state or federal court of competent jurisdiction located in Los Angeles County, California.

25. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all other agreements, oral or written, with respect to the subject matter herein.

26. Books and Records.

A. Subrecipient shall maintain ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements for a minimum period of three (3) years, or for any longer period required by law, from the date of any final payment to Subrecipient on a Project.

B. Subrecipient shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or expiration of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Subrecipient' address shown herein. Subrecipient shall reimburse the City for all costs incurred to investigate and audit Subrecipient's performance of its duties under this Agreement if Subrecipient is subsequently found to have violated the terms of this Agreement. Such reimbursement shall include all direct and indirect expenditures incurred by the City to conduct the investigation or audit. The City may deduct all such costs from any amount due Subrecipient under this Agreement.

D. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Subrecipient, the City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Subrecipient, its representatives, or successors-in-interest.

E. Subrecipient acknowledges that its participation in this program is subject to various state and federal laws and regulations, including, but not limited to, the Single Audit Act, and agrees to bear the expense for compliance with applicable laws and regulations.

27. Independent Contractor. In performing services hereunder, Subrecipient is and shall act as an independent contractor and not an employee, representative, or agent of the City.

Subrecipient shall be free to contract for similar services to be performed for others during the term of this Agreement. Subrecipient acknowledges and agrees that (a) the City will not withhold taxes of any kind from Subrecipient' compensation, (b) City will not secure workers' compensation or pay unemployment insurance to, for or on Subrecipient's behalf, and (c) the City will not provide and Subrecipient is not entitled to any of the usual and customary rights, benefits or privileges of City employees.

28. Severability of Provisions. If any term or condition of this Agreement is found to be invalid, ineffective, void, or unenforceable for any reason whatsoever, all other terms and conditions shall remain in full force and effect.

29. Unforeseen Delays. Neither the City nor Subrecipient shall be deemed in violation of this Agreement if prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of material, Act of God, acts of public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage or any other circumstance which is not within its control.

30. No Religious or Political Activities. Subrecipient agrees that Subrecipient shall not perform or permit any religious proselytizing or political activities in connection with the performance of the Project under this Agreement. No funds reimbursed by the City to Subrecipient under this Agreement shall be used to promote any religious or political activities.

31. Mechanic's Lien. Subrecipient shall keep each Project site free of any mechanic's or materialman's lien. If a mechanic's or materialman's lien is imposed on any Project site, Subrecipient shall: (a) Record a valid release of lien; or (b) Procure and record a lien release bond in accordance with Section 3143 of the California Civil Code issued by a surety authorized to do business in California and providing for payment of any sum recovered by claimant. Any costs in obtaining relief under this Section shall be the sole responsibility of Subrecipient and shall not be reimbursed by the City.

32. Notice. Any notice required hereunder or desired to be given by either party shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid to the following address of each party:

City: City of La Puente
c/o Robert Lindsey, City Manager
15900 E. Main Street
La Puente, CA 91744
Subrecipient: Delhaven Community Center
c/o Tim Seal, Executive Director
15135 Fairgrove Ave.

La Puente, CA 91744
Notice of change of address shall be given in the same manner as stated herein for other notices. Notice shall be deemed given on the date received (or the date delivery is refused) by the party to whom delivery is made.

33. Readings. The various headings and numbers herein and the sequence of provisions hereof are for convenience only, shall not be considered a part hereof, and shall have no bearing on the construction or interpretation hereof.

34. Assignment. Subrecipient shall have no right to assign this Agreement or any interest therein without the express prior written approval of the City. Any purported attempt by Subrecipient to assign any performance of the Project under this Agreement shall be null and void and shall constitute a material breach of this Agreement.

35. Interpretation. If any questions arise as to the proper interpretation of the terms and specifications or any Project undertaken pursuant to this Agreement, the decision of the City Manager or designee shall be final.

36. Suspension and Termination.

A. The City reserves the right to suspend or terminate this Agreement and payment of costs in whole or in part for cause. "Cause" shall include but not be limited to: (1) Ineffective or improper use of funds; or (2) Failure to comply with any material provision of this Agreement, including exhibits. If the City elects to exercise its right under this Subsection (A), the City shall notify Subrecipient of the City's intent to suspend or terminate the Agreement, specify the reason(s), and furnish a description of corrective action to be taken by Subrecipient if relying on Subsection (A)(2). Subrecipient shall have ten (10) calendar days in which to respond. If Subrecipient does not respond to the satisfaction of the City, the City may, in its sole discretion, continue, suspend, or terminate the Agreement. Notwithstanding the foregoing, any suspension or termination of this Agreement shall not relieve the City of its obligation to defray appropriate costs incurred by Subrecipient prior to said suspension or termination.

B. In addition to the termination remedies described above, either party may terminate the Agreement by giving thirty (30) days prior notice to the other party, specifying the date on which termination shall take effect.

37. No Third-Party Beneficiary. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement.

38. Conflicts of Interest. Subrecipient shall furnish to the City, prior to the City's execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors or personal service providers, including subsidiaries and affiliates of Subrecipient. This list should be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries and affiliates of Subrecipient, which will receive $10,000 or more during the term of this Agreement. Such a list shall include the names, addresses, telephone numbers, and identification of principal party (ies), and a description of services to be provided. During the term of this Agreement, Subrecipient shall notify the City in writing of any change in the list of subgrantees/subcontractors, vendors, personal service providers, subsidiaries or affiliates of Subrecipient within fifteen (15) days of change.

39. Federal Requirements.

39.1 Conflict of Interest. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

39.2 Equal Employment Opportunity. During the performance of this Agreement, the Subrecipient agrees as follows:

39.2.1 The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

39.2.2 The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

39.2.3 The Subrecipient will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the Subrecipient commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

39.2.4 The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

39.2.5 The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

39.2.6 In the event of the Subrecipient noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the Subrecipient may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

39.2.7 The Subrecipient will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

39.3 Civil Rights Act. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

39.4 Section 109 of the Housing and Community Development Act of 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

39.5 Age Discrimination Act of 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

39.6 Anti-Lobbying Certification. No federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 awarding any Federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person 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 awarding any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

39.7 Subrecipient agrees to abide by all applicable federal laws and regulations applicable to projects involving Coronavirus State and Local Fiscal Recovery Funds.

IN WITNESS WHEREOF, the parties have caused this document to be duly executed with all of the formalities required by law as of the date first stated herein. “CITY” “CONSULTANT”
City of La Puente DELHAVEN COMMUNITY CENTER,
a California nonprofit public benefit
corporation
By:________________________________ By:__________________________ Bob Lindsey, City Manager
Attest:

By:______________________________
Sheryl Garcia, City Clerk
Approved as to form:

By:

City Attorney
Exhibit A
Project Proposal and Scope of Work

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
1 TABLE OF CONTENTS
Mission & Philosophy Page 2
Cover Letter Page 3
Narratives:

Job Placement/Locations Page 5
Marketing Page 6
Documentation
Staffing Page 7
Training/ Employee Correction Plan Page 8
Community Partnerships Page 9
Budget Page 10
Addendums
Non Profit status Page 11
References Page 15
Insurance Page 18

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
2 Mission
To strengthen human life through educational, social, and recreational activities in a structured and supervised setting
Vision
“I live but one life…and I may live that one poorly, but I have a vision of a better life that someone coming after me may lead. I spend my thoughts, my time, my money, and my very self-imparting that vision to a few young people. They see it, they live it, and my whole life weak and faulty, is reincarnated in theirs…stronger, finer, and greater than I ever dream to be” Staff Philosophy
Behind every decision you make, a human life is affected Volunteer Philosophy
None of us can do everything, but all of us can do something

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
3 Cover Letter
Delhaven Community Center was founded in 1972 and has served the City of La Puente and surrounding cities for more than forty-seven years. Delhaven has been and continues to be one the most respected and leading social service agencies in the San Gabriel Valley. Recognized nationally in Washington DC, by the State of California as recently as 2019 when they were selected as a California Non-Profit of the Year, and recognized locally on several occasions throughout their storied history demonstrates Delhaven’ s dedication and service to the community.

Delhaven has over 30 programs and services for the special need’s population, at risk children, young adults, and families. These include State Licensed Day Care facilities, after school educational and recreational services, leadership training, programs for children struggling with emotional and / or behavioral issues, a family emergency resource center, summer camps, community events, and more.

Since its inception, Delhaven Community Center has historically maintained a tremendously positive working relationship with the city of La Puente. For those who know the partnership, understand the relevance and impact that Delhaven has had. This includes our ability to provide programs that meet the needs of the time, space and environment in which we operate. The Housewife Holiday Program Delhaven operated in conjunction with 13 local schools in the district, in which weekly mini trips were scheduled through the school’s office, for parents once they dropped their children off at school. This gave them the opportunity to bond as parents, socialize, and get away for several to relax while their children were in school. Our Educational Partnership Program in which we partnered with 12 local La Puente schools by going into the 4th grade classrooms and teaching children about the special need’s population over a 6-week period. It included classroom time, our special needs adults joining the 4th graders in PE Activities side by side, and a tour of Delhaven’ s State Licensed Day Care Facility. The Voyagers Club for children struggling with emotional and/or behavioral issues. A very specialized program, that is based on referrals from our local schools for children who are identified as being at risk and in need of support. We work closely with the schools, families, and our staff in developing a behavior modification program designed around the need of each individual child. Our Junior High and High School Leadership Internship Training Program gives local students an opportunity to volunteer in various after school activities and special events, receive leadership training, to be surrounded by positive role models, and to have a support system as they maneuver through young adult hood. Our Family Resource Center provides families in need with assistance in the form of clothing, food, household items, assistance with utility bills, medical referrals and job referrals.

It is through our relationships with the local schools that families in need are referred to us. Our annual Family Christmas Basket Assistance Program in which over 150 families are referred to us by our local schools and various agencies to receive new toys for all of the children, along with a turkey and other Christmas foods, so they too can enjoy a family holiday. Special Day Camps and Day Care for school children in our local district when the school district is closed for the holidays or special days throughout the school year. This program gives parents an opportunity to have safe and positive care for their children

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
4 during closure dates. Nine weeks of Summer Day Camp programming that provides structured and recreational/enrichment activities while students are out of school during the summertime.

We understand the importance community programs have on our young adults looking to enter the workforce Academically developing better attitudes towards school and higher education, higher school attendance and less tardiness, less disciplinary action, lower dropout rates, improved achievement test scores and grades, improved homework completion, better overall skill development, and engagement in learning; Socially and Emotionally decreasing behavior problems, improved social and communication skills, improved relationships with peers, parents, and teachers, increased self-confidence, self-esteem, and self-efficacy, lower levels of depression and anxiety, and improved feelings and attitudes towards self and schools, and a decrease in delinquency; and in health and wellness it increases the young adults physical activity, knowledge of nutrition and health practices, and over all emotional and physical wellbeing.

Delhaven Community Center has since the beginning believes in the foundation that children and young adults are our future, our responsibility to nurture and teach, and our responsibility to be there as best we can to help them develop and make positive life choices.

Tim Seal
Executive Director
Eric Benavidez
Program Director

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
5 Delhaven Community Center
Job Placement
Delhaven will be place youth in areas that emphasize in developing our youths’ interests and providing them with the experience needed to help guide them to a career. Our placements will be primarily focused in the areas of climate education, food insecurity, and providing social emotional learning as the community and primarily youth in our community move towards COVID19 recovery.

Program Placements
Delhaven Resource Center DCC Learning Center Programs TBD Afterschool Programs
Environment and Safety
Delhaven programs provide a safe, healthy and nurturing environment for all youth. Programs are designed to ensure that young people are physically and emotionally secure, respected and accepted for who they are.

Physical Environment:

La Puente Community Center / La Puente Park/ Delhaven Community Center/Delhaven Resource Center/ due to the nature of the work various other locations within the surrounding area will also be used as necessary.

City Facility Usage
a) Delhaven Community Center (DCC) will utilize La Puente Park outdoor physical fitness equipment No special arrangements needed as we will utilize during normal park hours when available.
b) DCC will utilize one room in the LP community center for programming/activities one (1) time a week- schedule to be coordinated with the city
c) City of La Puente will provide DCC with areas that are in need of the service with specifics Social Environment:

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
6 To encourage youth engagement and motivation. We strive to ensure the emotional climate of the program is always positive, characterized by mutually respectful, supportive and professional interactions among staff and students. The expectations for youth staff are clearly defined and are well known.

Staff Files / Record Keeping
We follow very strict record keeping protocol for maintaining all staff files and record keeping relevant to the employee that follow HIPAA policies and procedures. All files are maintained in a locked file cabinet in the Executive Directors office and kept for 15 years. Only the HIPAA stated Executive Director, Executive Advisor, or Program Director have access of any relevant staff files Marketing
Information regarding DCC programs, including address and phone numbers are available on the Delhaven website. The program maintains normal working hours aligned with our main office if there are any questions. Delhaven also utilizes social media to promote, market, and communicate and receive feedback. A quarterly newsletter is sent through all DCC staff, participants, families, and local community. Regular flyers announcing upcoming events or calendar changes are distributed accordingly. All written materials are done in English and Spanish. Delhaven participates in multiple job fairs each year community, high school and colleges events Documentation
Delhaven Community Center will keep the following documentation in regards to all tasks assigned to this project.
1) Number of youths participating in the program
2) Number of youths that complete full program (1 year or summer program) 3) Percentage of youth employed in program who remain in college or stable employment 4) Percentage of youth employed after completion of program 5) Percentage of youth who report job satisfaction after one year of employment 6) Percentage of youth who report an interest in a career in public service after one year of employment.
7) Number of youths employed who were previously unemployed 8) Number of youths who complete full program
9) percentage of youth employed who remain in college or stable employment 10)percentage of youth employed after completion of program 11)percentage of youth who report job satisfaction in employment via survey 12)Percentage of youth who report an interest in a career in public service after one year of employment.
13)Percentage of youth employed in public service after one year

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7 14)Job training evaluations
Tim Seal, Executive Director of Delhaven Community Center Email: [email protected] / phone: (951)206-7832
Tim was born and raised in La Puente, and a graduate of William Workman High School. Tim began at Delhaven when he was just 7 years old as a participant. He soon became a Junior High leader, Senior Leader, Assistant Coordinator, Program Coordinator, Program Director, and now Executive Director- a program he has held for over 20 years. Tim was instrumental in developing the evolution of our after-school programs which continues today. He is extremely active in our local community and several charities and foundations that also benefit the children and special needs population including President of the La Puente Kiwanis Club, Board member of the City of Industry Rotary Club, Vice President of the Gabriel Foundation and Co Chairman of the Industry Hills Charity Pro Rodeo. Tim studied at California State Polytechnic University for his Bachelor’s Degree in Therapeutic Recreation
Eric Benavidez, Program Director
Email: [email protected]
Eric was born and raised in La Puente, and a graduate of La Puente High School. Eric started at Delhaven when he was 6 years old as a participant. Eric too worked his way up the staff ranks at Delhaven, with many years’ experience as a volunteer, a leader, a coordinator, and now Director of the After School Programs and Summer Day Camp program- a position he has held for over 15 years. Eric has been the key component in the development of the ASES program here at Delhaven. Eric is a member of the La Puente Kiwanis club where he serves as the advisor to the La Puente High School Key Club and the Advisor to the Sierra Vista Middle School Builders Club.

Eric studied at California State University, Fullerton for his Bachelor’s Degree in Psychology, and later received his Teaching Credential through UCLA.

Program Coordinator -TBD
• Coordinate and implement job development and placement programs; assist youth in the development of job plans related to assessment and training opportunities; consult area bushiness for placement possibilities.
• Consult area employers of job development program.
• Analyze skills needed to complete job responsibilities; assist instructors in teaching these skills to students.
• Facilitate assessment process for youth.
• Develop youth employment plans
• Provide on-going contact with youth from placement through completion. • Provide training in social and employability skills necessary for retraining employment and

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
8 consideration for advancement.
• Complete necessary reports and submit to appropriate supervisor. • Arrange transportation when necessary to youth for work related business and activities. • 60% Admin duties- 40% hands on providing in person on site training Staffing/Training
Delhaven will recruit staff from local high schools, universities and community colleges to find individuals who are focused on creating a positive learning environment. Delhaven is currently registered with and recruits through:
• Mount San Antonio College
• Cal Poly Pomona
• Cal State University Fullerton
• Citrus Junior College
• Azusa Pacific University
• Rio Hondo Junior College
We certify that all DELHAVEN COMMUNITY CENTER employees are in compliance with: (1) Abuse and Neglect Reporting Act guidelines for Mandated Reporter as mandated by California Penal Code §11164-11174;. (2) Fingerprinting and background checks to include its contractors, agents and volunteers, pursuant to Education Code, Section 45125.1(e);. (3) Have on file current documentation of Tuberculosis Screening and negative TB Test results to include contractors, subcontractors, agents and volunteers. (4) Cardiopulmonary Resuscitation (CPR) Certificate, (5) First Aid Training Certificate.

Delhaven provides ongoing professional development through regular meetings, offsite training, online training and workshops
Delhaven will also utilize other resources based on assessed staff and program needs.

We plan a Professional Development calendar that provides our staff with the knowledge and tools to become better leaders Here are some of the topics on our 2022-23 Professional Development Calendar:

Mandated Reporting Sexual Harassment Emergency Procedures: Active Shooters
First Aid & CPR
Conflict management De-escalation Strategies
Social Emotional Learning Volunteerism

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
9 Employee Correction Plan
As situations arise it may be determined that an employee could benefit from additional mentoring/training. When this is identified, administrative staff will offer hands on training, set goals for the staff and will offer continued guidance until such time, as we feel the needed corrections have been made. All actions taken by administrative staff are documented and kept in the employee’s personnel file.

Delhaven Community Center
Community Partnerships and Collaboration
Delhaven programs recognize that a quality program seeks to develop, maintain, and strengthen collaborations that engage diverse community members, city leaders, business leaders and community-based organizations in the development, implementation and support of out of all programs. Recent Community collaborators/partnerships include:
• City of La Puente and City of La Puente City Council
• City of Industry and City of Industry City Council
• The office of Senator Susan Rubio
• The California Highway Patrol
• Los Angeles County Sheriff’s Department
• Industry Youth Athletic League
• La Puente High School

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
10 Annual Projected Budget
Total Expenses
Estimated
$532,312
Staffing
Estimated
$425,250
25 Employed Youth 6hrs 50 days $425,250.00
Administrative Costs
Estimated
$52,602
Office Supplies/Copies $2,000.00
Workmans comp/taxes $18,702.00
Coordinator-Admin $29,400.00
Promotion Materials $2,500.00
Wrap Around Services
Estimated
$54,460
Coordinator-on site training/assistance $19,600.00
Stipends/Awards/Meals/bus passes/gas cards $10,850.00
Pre Employment-Fingerprints/TB Test/First Aid CPR $7,810.00 Professional Development $4,500.00
Transportation-Vehicle/Driver $11,700.00

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Youth Workforce Development Program
11 DELHAVEN COMMUNITY CENTER
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12 DELHAVEN COMMUNITY CENTER
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13 DELHAVEN COMMUNITY CENTER
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14 DELHAVEN COMMUNITY CENTER
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15 List of References
Organization Name: City of Industry
Point of Contact: Mayor Cory Moss
Telephone Number: (626)216-6428
Email: [email protected]
Organization Name: City of West Covina
Point of Contact: City Manager Dave Carmany
Telephone Number: (310)529-0411
Organization Name: State Senator Susan Rubio
Point of Contact: Giselle M. Sorial, MPA District Director Address: 100 S. Vincent Ave., Ste. 401, West Covina, CA 91790 Telephone Number: (626)430-2499
Email Address: [email protected]
Organization Name: Office of Los Angeles Mayor Gil Garcetti Point of Contact: Field Deputy Tammy Barreras
Email Address: [email protected]

DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
16 DELHAVEN COMMUNITY CENTER
Youth Workforce Development Program
17 THIS SUBRECIPIENT AGREEMENT (the "Agreement") is made and entered as of November 15, 2022, by and between the CITY OF LA PUENTE, a municipal corporation ("City"), and GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA. a California nonprofit public benefit corporation ("Subrecipient").

RECITALS:

WHEREAS Subrecipient is a tax-exempt non-profit public benefit corporation whose mission is to; develop and transform disadvantaged youth in the San Gabriel Valley by providing academic, vocational, and leadership development while employing them to provide valuable services to improve their communities and the natural environment.

WHEREAS the City was awarded the sum of $3, 600,000.00 (Three Million Six Hundred Thousand Dollars) by California Volunteers under its 2021 Californians For All Youth Job Corps RFA and seeks to expand its partnership with Subrecipient;
AGREEMENT:

NOW, THEREFORE, in consideration of the mutual terms and conditions herein, the parties agree as follows:

1. Project. Goodwill Southern California will provide youth employment opportunities, with a focus on serving youth within La Puente City Limits. This includes engaging in community services, special events, senior services, veterinary care/ no-kill shelter support activities, and community food distribution/ food banks, see as follow
B. Community Service Special Events: Youth shall assist the staff at La Puente Community Center during special events, including but not limited to the summer lunch program, Spring Egg Hunt, Movies in the Park, Concerts in the park, National Night Out, Día De Los Muertos, Veterans Day, Holiday Parade and Tree Lightning. Tasks will include assisting with event setup, takedown/cleanup, and assisting members of the public.

C. Senior Services: Youth will work at the Senior Center assisting with planning and instructing recreational classes, scheduling transportation for medical appointments and outings, assist with the distribution of meals for consumption at the Senior Center and pre-packaging meals for seniors that do not have the ability to leave their home.

D Veterinary Care/No-kill shelter: Youth will be taught the proper care of animals brought in by residents who cannot afford veterinary care or cannot afford food for their animals. These shelters and veterinary facilities provide food, medicine, and care to residents experiencing financial hardships. Some of the tasks may include but are not limited to working directly to assist a licensed veterinarian with basic and routine non-medical tasks, office support, creating a healthy environment, preparing food, feeding the animals, and cleaning cages and other facilities. This program exposes youth to veterinary science.

E Community Food Distribution/Food Banks: Youth will assist with food inventory, separate perishables and non-perishables, and create baskets for distribution. In addition, youth may be tasked with participating in mobile food distributions, drive-through pantries, and no-contact distributions.

ATTACHMENT B

2. Term. The term of this Agreement shall commence on November 15, 2022 (the "Commencement Date") and shall terminate on, November 15, 2023 (the "Expiration Date"). The term of this Agreement may be renewed for one (1) additional year at the option of the City Manager. This Agreement does not reimburse any expenditure incurred by Subrecipient prior to the Commencement Date and does not reimburse any expenditure made after the Expiration Date without the City Manager's written authorization to extend the term.

3. Budget; Project Proposal Form.

A. The City shall reimburse Subrecipient for the reasonable and verifiable costs actually incurred in the performance of the Program under this Agreement, not to exceed a maximum reimbursement of $ $970,500.00. Subrecipient shall not submit any request for reimbursement to the City nor shall the City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this program.

B. Subrecipient shall submit, in a form reasonably prescribed by the City, requests for reimbursement of project expenditures on a monthly basis. Subrecipient agrees to furnish all supporting documents related to the reimbursement request as required by the City, including, but not limited to, employee timesheets, payroll documents, and other accounting records. Subrecipient shall certify that all expenditures submitted for reimbursement are legitimate project expenditures.

C. Funds allocated pursuant to this Agreement shall be used exclusively for costs incurred by Subrecipient in the performance of the Project under this Agreement. No funds paid by the City to Subrecipient under this Agreement shall be used as security or to guarantee payments for any non-Project obligations, nor as loans for non-Project activities.

D. The City shall designate and approve Projects to be undertaken as reflected in the Project Proposal and Scope of Work detailed in Exhibit "A", attached hereto, and incorporated herein by this reference.

4. Orientation. The City and Subrecipient shall jointly hold orientation meetings from time to time, initially with Subrecipient personnel at the commencement of the Project to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of the Project, and then later as appropriate and required.

5. Work to be Performed. Subrecipient shall implement the Project described in this Agreement fully in accordance with the terms of the 2022 Californians For All Youth Job Corps RFA and the City's application thereunder for funds to carry out the Project, including without limitation, compliance with applicable provisions of the U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule, the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds, and the Compliance and Reporting User Guide. Subrecipient shall also undertake and assume the same obligations to the City that the City has undertaken under the 2022 Californians For All Youth Job Corps RFA. .

6.Project Commencement.

A. The Project Approval Form shall specify which of the following permits, plans and specifications shall be the responsibility of City and which shall be the responsibility of Subrecipient: approvals and permits required by any other state, federal, or local agency which may be necessary to commence construction or operation of the Project, adequate plans and specifications, sufficient funds, materials, supplies, equipment, adequate technical supervision, and any special labor requirements to complete the Project.

B. Subrecipient shall coordinate with trade unions or other labor organizations to resolve problems pertaining to any element of the Project. However, if a problem arises, Subrecipient may withdraw from any element of the Project having the problems.

7. Program Coordination.

A. The City Manager or designee shall coordinate the Project with Subrecipient and shall render overall supervision of the progress and performance of this Agreement by the City.

B. Subrecipient's Executive Director shall have overall responsibility for performance of this Agreement and for coordinating with the City. If the Executive Director is replaced during the term of this Agreement, Subrecipient shall notify the City immediately of such occurrence. The Executive Director and Subrecipient staff will fully cooperate with the City relating to the Project, areas of concern, and the impact of the Project on residents of the City.

8. Permission Granted. After a Project Approval Form is approved, Subrecipient, its contractors, officers, agents, and subcontractors shall have permission to enter upon that certain City-owned real property specified in the Project Approval Form for the purpose set forth in said form. The permission granted by this Section is limited to a reasonable area around the Project site and ingress and egress thereto and is limited to the dates contemplated for completion of the Project as specified on the Project Approval Form.

9. Payment of Costs.

A. The Project shall be undertaken at Subrecipient' sole cost and expense on a reimbursement basis, except for a Project where the City materials and supplies are to be used as specified in the Project Approval Form and except where the parties have agreed in writing to other payment arrangements prior to or simultaneous with approval of a Project.

B. Subrecipient acknowledges and agrees that if the actual cost of a Project exceeds the estimated cost on the Project Approval Form, the City is not responsible for the difference and shall not reimburse Subrecipient for any additional costs incurred, unless those additional costs are due to additions or changes to the Project which were requested by the City.

10. Title to Improvements. Title to all improvements, if any, constructed in whole or in part on lands owned or controlled by the City shall vest in the City upon completion or final inspection of the Project, whichever is sooner.

11. Emergencies. Temporary suspension or permanent cessation of a Project may be required due to emergency conditions. Under such circumstances, the City and Subrecipient shall mutually agree on the postponement of a Project and who should bear the costs incurred due to said postponement.

12. Time and Progress.

A. Subrecipient shall begin work on each Project in conformity with the provisions set forth herein and shall work with diligence so as to complete the Project according to the time schedule in the Project Approval Form.

B. Subrecipient shall work so that the completed Project shall be comparable to that specified in the Project Approval Form. Subrecipient and the City shall notify each other and obtain approval from each other prior to any change in the time schedule.

13. Use of Premises.

A. Subrecipient shall confine construction equipment, the storage of materials and equipment, and the operations of workers to each Project site and areas identified in and permitted by the City and shall not unreasonably encumber same with construction equipment or other materials or equipment.

B. During the work, Subrecipient shall keep each Project site and said areas free from accumulations of waste, rubbish, and debris. Upon completion of the Project, Subrecipient shall remove all waste, rubbish and debris from and about each Project site and said areas as well as all tools, equipment, machinery, and surplus materials, and shall leave the Project site and said areas clean and ready for occupancy by the City. Subrecipient shall restore to original condition all property not designated for alteration by this Agreement.

C. Subrecipient shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Subrecipient subject any part of the Project or adjacent property to stresses or pressures that will endanger them.

14. Rights of Entry and Inspection. City, its officials, agents and employees shall at all times have the right of entry and free access to the Project site and areas identified in and permitted by the Project Approval Form and right to inspect all work done, labor performed, and materials furnished in and about the Project and to inspect all books, contracts, and records of Subrecipient pertaining to the Project.

15. Progress Reports.

A. Subrecipient shall keep the City Manager or designee informed on all phases of the Project. Without limiting the foregoing, until the Project has been completed, Subrecipient shall prepare and submit to the City Quarterly Performance Reports corresponding to the quarters of the Agreement year, as follows:

Quarter 1 = July--September
Quarter 2 = October--December
Quarter 3 = January--March
Quarter 4 = April--June.

B. A complete Quarterly Performance Report must be received by the City within 30 days after the end of Quarters 1, 2 and 3, and within 10 days of June 30'1-1 after the 4th Quarter and shall contain such detail as may be reasonably requested by the City.

16. Project Supervision. Work on a Project shall be under the immediate supervision of Subrecipient’s program managers. The city may provide such operation supervision, technical assistance, guidelines and inspection as the City considers necessary to properly complete the Project. Subrecipient expressly warrants that neither Subrecipient nor any of Subrecipient employees shall represent themselves to be employees or agents of the City.

17. Signs. Subrecipient shall not construct, maintain, place or allow any signs, exhibits, displays, emblems, or logos on any Project site without the prior approval of the City Manager or designee. Subrecipient shall not use the City's logo in the performance of the Project without the prior approval of the City Manager or designee.

18. Compliance with Laws. Subrecipient shall comply with all applicable local, state and federal laws, ordinances, rules, and regulations pertaining to the Project, including but not limited to any environmental specifications on the Project Approval Form, and shall obtain such permits, licenses, and certificates required by all federal, state and local government authorities.

19. Insurance. As a condition precedent to the effectiveness of this Agreement, Subrecipient shall procure and maintain at Subrecipient's expense for the duration of this Agreement from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A: VIII by A.M. Best and Company the following insurance:
(a) Commercial general liability insurance naming the City of La Puente, its officials, employees, and agents as additional insureds from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of any manner connected to Subrecipient's operations or performance under this Agreement in an amount not less than One Million Dollars ($1,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) general aggregate. Such insurance shall not exclude or limit coverage for broad form contractual liability, cross-liability protection, independent contractors liability, abuse or molestation liability, or products and completed operations liability. (b) Workers' compensation coverage as required by the California Labor Code and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or occupational illness.
(c) Commercial automobile liability insurance equivalent in coverage scope to ISO form CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit per accident for bodily injury and property damage covering Auto Symbol 1 (All Autos).
(d) Sexual Abuse and Molestation Liability Insurance endorsement to the commercial general liability insurance in amounts of not less than One Million Dollars ($1,000,000) per occurrence.

Subrecipient shall deliver to the City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. No "Claims made" policies shall be acceptable. This insurance shall not be deemed to limit Subrecipient's liability relating to performance under this Agreement. The City reserves the right to require complete certified copies of said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the prior written approval of the City's Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Agreement.

20. Indemnity. Subrecipient shall, with respect to services performed in connection with this Agreement, indemnify and hold harmless the City, its Boards, Commissions, and their officials, employees and agents (collectively in this Section, "City") from and against any and all liability, claims, demands, damage, loss, causes of action, proceedings, penalties, costs and expenses (including attorney's fees, court costs, and expert and witness fees) (collectively "Claims" or individually "Claim"). Claims include allegations and include by way of example but are not limited to: Claims for property damage, personal injury or death arising in whole or in part from any negligent act or omission of Subrecipient, its officers, employees, agents, or anyone under Subrecipient control (collectively "Indemnitor"); Subrecipient breach of this Agreement; misrepresentation; willful misconduct; and Claims by any employee of Indemnitor relating in any way to workers' compensation. Independent of the duty to indemnify and as a free-standing duty on the part of Subrecipient, Subrecipient shall defend City and shall continue such defense until the Claim is resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Indemnitor shall be required for the duty to defend to arise. Subrecipient shall notify the City of any claim within ten (10) days. Likewise, the City shall notify Subrecipient of any claim, shall tender the defense of such claim to Subrecipient, and shall assist Subrecipient, as may be reasonably requested, in such defense.

Subrecipient's Representations and Warranties. Subrecipient represents and warrants:
(a) that Subrecipient is a duly organized and validly existing nonprofit public benefit corporation in good standing under the laws of the State of California; (b) that Subrecipient is a tax-exempt public charity under Section 501(c)(3) of the U.S. Internal Revenue Code; (c) that the form, terms and provisions of this Agreement have been approved in all respects by Subrecipient's governing board at a meeting duly noticed and held; (d) that Subrecipient's Executive Director has been duly authorized to execute and deliver this Agreement on behalf of Subrecipient; (e) that Subrecipient's execution, delivery and performance of this Agreement are not in contravention of any provision of law, or of any agreement, by which Subrecipient is bound; (f) no action or proceeding is now pending or, to the best of Subrecipient's knowledge, is threatened, against Subrecipient, in equity or otherwise, before any court, board, commission, agency or instrumentality of the Federal Government or any state government or of any municipal government or any agency or subdivision thereof; or before any arbitrator or panel of arbitrators; (g) Subrecipient is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any material contractual obligation of Subrecipient, and no condition exists which with the giving of notice or the lapse of time or both would constitute such a default; (h) all financial statements furnished to City by Subrecipient are true, correct and complete and all other information previously furnished by or on behalf of Subrecipient to City in connection with this Agreement is true, complete and correct in all material respects and does not fail to state any material fact necessary to make the statements made not misleading; and (i) no material adverse change in the operations or financial condition of Subrecipient has occurred since the City received the notice of intent to award on March 25, 2022.

Nondiscrimination. In connection with performance of this Agreement and subject to applicable rules and regulations, Subrecipient shall not discriminate against any employee or applicant for employment because of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, handicap, or disability. Subrecipient shall ensure that applicants are employed, and that employees are treated during their employment, without regard to these bases.

Such actions shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

Amendment and Waiver. This Agreement shall not be amended except in writing signed by the parties which expressly refers to this Agreement. The acceptance of work or the payment of any money by the City shall not operate as a waiver of any provision of this Agreement, or of any right to damages or indemnity stated in this Agreement. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement.

24. Governing Law; Venue. Except where federal law preempts, this Agreement shall be governed by and construed pursuant to the laws of the State of California (except those provisions of California law pertaining to conflicts of law). In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be had in any state or federal court of competent jurisdiction located in Los Angeles County, California.

25. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all other agreements, oral or written, with respect to the subject matter herein.

26. Books and Records.

A. Subrecipient shall maintain ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements for a minimum period of three (3) years, or for any longer period required by law, from the date of any final payment to Subrecipient on a Project.

B. Subrecipient shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or expiration of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Subrecipient' address shown herein. Subrecipient shall reimburse the City for all costs incurred to investigate and audit Subrecipient's performance of its duties under this Agreement if Subrecipient is subsequently found to have violated the terms of this Agreement. Such reimbursement shall include all direct and indirect expenditures incurred by the City to conduct the investigation or audit. The City may deduct all such costs from any amount due Subrecipient under this Agreement.

D. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Subrecipient, the City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Subrecipient, its representatives, or successors-in-interest.

E. Subrecipient acknowledges that its participation in this program is subject to various state and federal laws and regulations, including, but not limited to, the Single Audit Act, and agrees to bear the expense for compliance with applicable laws and regulations.

27. Independent Contractor. In performing services hereunder, Subrecipient is and shall act as an independent contractor and not an employee, representative, or agent of the City.

Subrecipient shall be free to contract for similar services to be performed for others during the term of this Agreement. Subrecipient acknowledges and agrees that (a) the City will not withhold taxes of any kind from Subrecipient' compensation, (b) City will not secure workers' compensation or pay unemployment insurance to, for or on Subrecipient's behalf, and (c) the City will not provide and Subrecipient is not entitled to any of the usual and customary rights, benefits or privileges of City employees.

28. Severability of Provisions. If any term or condition of this Agreement is found to be invalid, ineffective, void, or unenforceable for any reason whatsoever, all other terms and conditions shall remain in full force and effect.

29. Unforeseen Delays. Neither the City nor Subrecipient shall be deemed in violation of this Agreement if prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of material, Act of God, acts of public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage or any other circumstance which is not within its control.

30. No Religious or Political Activities. Subrecipient agrees that Subrecipient shall not perform or permit any religious proselytizing or political activities in connection with the performance of the Project under this Agreement. No funds reimbursed by the City to Subrecipient under this Agreement shall be used to promote any religious or political activities.

31. Mechanic's Lien. Subrecipient shall keep each Project site free of any mechanic's or materialman's lien. If a mechanic's or materialman's lien is imposed on any Project site, Subrecipient shall: (a) Record a valid release of lien; or (b) Procure and record a lien release bond in accordance with Section 3143 of the California Civil Code issued by a surety authorized to do business in California and providing for payment of any sum recovered by claimant. Any costs in obtaining relief under this Section shall be the sole responsibility of Subrecipient and shall not be reimbursed by the City.

32. Notice. Any notice required hereunder or desired to be given by either party shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid to the following address of each party:

City: City of La Puente
c/o Robert Lindsey, City Manager
15900 E. Main Street
La Puente, CA 91744
Subrecipient: Goodwill Industries of Southern California c/o Lois G. Lerner, Executive Director
342 N San Fernando Road
Los Angeles, CA 90031
Notice of change of address shall be given in the same manner as stated herein for other notices. Notice shall be deemed given on the date received (or the date delivery is refused) by the party to whom delivery is made.

33. Readings. The various headings and numbers herein and the sequence of provisions hereof are for convenience only, shall not be considered a part hereof, and shall have no bearing on the construction or interpretation hereof.

34. Assignment. Subrecipient shall have no right to assign this Agreement or any interest therein without the express prior written approval of the City. Any purported attempt by Subrecipient to assign any performance of the Project under this Agreement shall be null and void and shall constitute a material breach of this Agreement.

35. Interpretation. If any questions arise as to the proper interpretation of the terms and specifications or any Project undertaken pursuant to this Agreement, the decision of the City Manager or designee shall be final.

36. Suspension and Termination.

A. The City reserves the right to suspend or terminate this Agreement and payment of costs in whole or in part for cause. "Cause" shall include but not be limited to: (1) Ineffective or improper use of funds; or (2) Failure to comply with any material provision of this Agreement, including exhibits. If the City elects to exercise its right under this Subsection (A), the City shall notify Subrecipient of the City's intent to suspend or terminate the Agreement, specify the reason(s), and furnish a description of corrective action to be taken by Subrecipient if relying on Subsection (A)(2). Subrecipient shall have ten (10) calendar days in which to respond. If Subrecipient does not respond to the satisfaction of the City, the City may, in its sole discretion, continue, suspend, or terminate the Agreement. Notwithstanding the foregoing, any suspension or termination of this Agreement shall not relieve the City of its obligation to defray appropriate costs incurred by Subrecipient prior to said suspension or termination.

B. In addition to the termination remedies described above, either party may terminate the Agreement by giving thirty (30) days prior notice to the other party, specifying the date on which termination shall take effect.

37. No Third-Party Beneficiary. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement.

38. Conflicts of Interest. Subrecipient shall furnish to the City, prior to the City's execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors or personal service providers, including subsidiaries and affiliates of Subrecipient. This list should be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries and affiliates of Subrecipient, which will receive $10,000 or more during the term of this Agreement. Such a list shall include the names, addresses, telephone numbers, and identification of principal party (ies), and a description of services to be provided. During the term of this Agreement, Subrecipient shall notify the City in writing of any change in the list of subgrantees/subcontractors, vendors, personal service providers, subsidiaries or affiliates of Subrecipient within fifteen (15) days of change.

39. Federal Requirements.

39.1 Conflict of Interest. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

39.2 Equal Employment Opportunity. During the performance of this Agreement, the Subrecipient agrees as follows:

39.2.1 The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

39.2.2 The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

39.2.3 The Subrecipient will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the Subrecipient commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

39.2.4 The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

39.2.5 The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

39.2.6 In the event of the Subrecipient noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the Subrecipient may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

39.2.7 The Subrecipient will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

39.3 Civil Rights Act. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

39.4 Section 109 of the Housing and Community Development Act of 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

39.5 Age Discrimination Act of 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

39.6 Anti-Lobbying Certification. No federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 awarding any Federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person 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 awarding any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

39.7 Subrecipient agrees to abide by all applicable federal laws and regulations applicable to projects involving Coronavirus State and Local Fiscal Recovery Funds.

IN WITNESS WHEREOF, the parties have caused this document to be duly executed with all of the formalities required by law as of the date first stated herein. “CITY” “CONSULTANT”
City of La Puente GOODWILL INDUSTRIES OF
SOUTHERN CALIFORNIA, a California
nonprofit public benefit corporation
By:________________________________ By:__________________________ Bob Lindsey, City Manager
Attest:

By:______________________________
Sheryl Garcia, City Clerk
Approved as to form:

By:

City Attorney
Exhibit A
Project Proposal and Scope of Work
Proposal for CaliforniansForAll Youth Workforce Development Program Goodwill Southern California, which operates the East San Gabriel Valley AJCC (ESGV AJCC) proposes to serve 29 participants’ ages 18-30 years old through the CaliforniaForAll Youth Workforce Development Program.

Mission Statement: Since 1916, Goodwill Southern California’s mission has been to Transform Lives through the Power of Work. We serve individuals with disabilities and disadvantages by providing education, training, work experience and job placement services.

Goal:

Goodwill Southern California aims to Increase youth employment, develop career pathways, and address key areas of food Insecurity, climate, and COVID-19 recovery. Goodwill Southern California provides holistic careers services by addressing issues that prevent people from gaining productive employment, and by connecting youth with a good career path, and providing key supportive services our participants will be more connected to their community and motivated in the workforce.

Population to Serve:

We traditionally serve disconnected youth, which can include low income, foster or former foster youth, those that have been justice involved, or are unemployed and/or out of school.

Recruitment:

Goodwill Southern California recruits our pipeline of long-term partners which includes local educational entities and other community-based organizations that serve our target population.

Services:

Paid Work Experience (PWEX) is the core of the service we plan to provide with the funding from this grant. This would include:
• 960 hrs. of PWEX per individual
• $19.00 per hour
• Worksites in Food Insecurity, Climate, and COVID-19
• Career Based Workshops that would offer $50 stipends per participant Outcomes:

As part of our service plan to our participants, we will provide full PWEX Performance Evaluations at the start, midpoint, and end of their training. This will help to highlight the strengths, and areas of improvement for our participants, providing critical workforce skills. Additionally, we will help connect our participants to other AJCC programs including job opportunities for continued career growth.

Service Flow:

The inforgraphic above depicts the traditional cycle that our participants take. Our program traditioinally takes one year to get throught after beginning orientation, all the way through finishing their PWEX. Participants at the end of the program have new vital career skills, important knowledge of how to behave in the workplace, and can move on to other potential AJCC opportunities that fit their desired career path.

Program Budget:

La Puente Budget Proposal Total
Administrative Cost $ 97,050.00
Paid Work Experience- 29 clients, 960 hours @ $19/hr. +30% Fringe $ 687,648.00 Wrap-Around Services $ 185,802.00
Total Budget $ 970,500.00
Recruitment Orientation Career Based
Workshops Paid Work Experience
Referral to Career
Pathways via other
AJCC opportunities
THIS SUBRECIPIENT AGREEMENT (the "Agreement") is made and entered as of November 15, 2022, by and between the CITY OF LA PUENTE, a municipal corporation ("City"), and SAN GABRIEL VALLEY CONSERVATION AND SERVICE CORPS. a California nonprofit public benefit corporation ("Subrecipient").

RECITALS:

WHEREAS Subrecipient is a tax-exempt non-profit public benefit corporation whose mission is to; develop and transform disadvantaged youth in the San Gabriel Valley by providing academic, vocational, and leadership development while employing them to provide valuable services to improve their communities and the natural environment.

WHEREAS the City was awarded the sum of $3, 600,000.00 (Three Million Six Hundred Thousand Dollars) by California Volunteers under its 2021 Californians For All Youth Job Corps RFA and seeks to expand its partnership with Subrecipient;
AGREEMENT:

NOW, THEREFORE, in consideration of the mutual terms and conditions herein, the parties agree as follows:

1. Project. The City hereby engages Subrecipient to implement and provide youth employment opportunities with a focus (collectively, the "Project"): A. Providing youth employment opportunities with a focus on serving youth within La Puente City limits with a focus on city park operations and maintenance, urban forestry, snack bar operations, city facilities maintenance, city beautification, and community food distribution/food banks as follows
B. Parks Operations and Maintenance: Youth will perform routine O & M activities.

At La Puente Park and La Puente Creek Nature Educational Center, youth will clean/disinfect park surfaces/playgrounds/gym equipment, and plant and care for trees and vegetation. At the Urban Orchard (to be developed by the City in collaboration with the San Gabriel Valley Conservation Corps), youth will perform traditional park O & M activities, while also conducting specialized care for vegetation, collection of produce for the public, and leading educational orchard tours for the general public..

C. Urban Forestry: Youth will participate in pruning, and general tree care of trees and vegetation in parks, as well as landscaping along streets, medians, and facilities within the public right of way. Urban forestry may also include specialized plant care for the Urban Orchard.

D. Snack Bar: Snack Bar operations will be conducted at the snack bar located in La Puente Park where fresh food and drinks are served. Duties shall include stocking food and drinks, preparing and cleaning work areas, greeting the public, responding to inquiries and cashiering.

E. City Facilities Maintenance: The City Facilities Maintenance Team will be responsible for performing routine general cleaning, including but not limited to daily trash removal, dusting, restocking/cleaning restrooms, sweeping/mopping/vacuuming, cleaning/disinfecting tables and counters, and cleaning cleaning/disinfecting community surfaces (handrails, water fountains, vending machines, etc.)
F. City Beautification: Youth will participate in illegal dumpsite cleanups, hauling away and properly disposing of large items such as mattresses, furniture, tires, other debris. Litter

ATTACHMENT C
Abatement will be conducted remove litter throughout the City. Sidewalk pressure washing services shall include regularly scheduled pressure washing of sidewalks that accompanies the removal of dirt and stains, cleaning of public trash cans in the public right of way, removal of gum and other substances/objects that may adhere to sidewalk surfaces, and the placement of clearly legible “Caution” signs on sidewalks for the duration of cleaning activities.

2. Term. The term of this Agreement shall commence on November 15, 2022 (the "Commencement Date") and shall terminate on, November 15, 2023 (the "Expiration Date"). The term of this Agreement may be renewed for one (1) additional year at the option of the City Manager. This Agreement does not reimburse any expenditure incurred by Subrecipient prior to the Commencement Date and does not reimburse any expenditure made after the Expiration Date without the City Manager's written authorization to extend the term.

3. Budget; Project Proposal Form.

A. The City shall reimburse Subrecipient for the reasonable and verifiable costs actually incurred in the performance of the Program under this Agreement, not to exceed a maximum reimbursement of $_2,089,825.00. Subrecipient shall not submit any request for reimbursement to the City nor shall the City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this program.

B. Subrecipient shall submit, in a form reasonably prescribed by the City, requests for reimbursement of project expenditures on a monthly basis. Subrecipient agrees to furnish all supporting documents related to the reimbursement request as required by the City, including, but not limited to, employee timesheets, payroll documents, and other accounting records. Subrecipient shall certify that all expenditures submitted for reimbursement are legitimate project expenditures.

C. Funds allocated pursuant to this Agreement shall be used exclusively for costs incurred by Subrecipient in the performance of the Project under this Agreement. No funds paid by the City to Subrecipient under this Agreement shall be used as security or to guarantee payments for any non-Project obligations, nor as loans for non-Project activities.

D. The City shall designate and approve Projects to be undertaken as reflected in the Project Proposal and Scope of Work detailed in Exhibit "A", attached hereto, and incorporated herein by this reference.

4. Orientation. The City and Subrecipient shall jointly hold orientation meetings from time to time, initially with Subrecipient personnel at the commencement of the Project to explain the technical aspects, safety considerations, and any other aspects necessary for successful execution of the Project, and then later as appropriate and required.

5. Work to be Performed. Subrecipient shall implement the Project described in this Agreement fully in accordance with the terms of the 2022 Californians For All Youth Job Corps RFA and the City's application thereunder for funds to carry out the Project, including without limitation, compliance with applicable provisions of the U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule, the Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds, and the Compliance and Reporting User Guide. Subrecipient shall also undertake and assume the same obligations to the City that the City has undertaken under the 2022 Californians For All Youth Job Corps RFA. .

6. Project Commencement.

A. The Project Approval Form shall specify which of the following permits, plans and specifications shall be the responsibility of City and which shall be the responsibility of Subrecipient: approvals and permits required by any other state, federal, or local agency which may be necessary to commence construction or operation of the Project, adequate plans and specifications, sufficient funds, materials, supplies, equipment, adequate technical supervision, and any special labor requirements to complete the Project.

B. Subrecipient shall coordinate with trade unions or other labor organizations to resolve problems pertaining to any element of the Project. However, if a problem arises, Subrecipient may withdraw from any element of the Project having the problems.

7. Program Coordination.

A. The City Manager or designee shall coordinate the Project with Subrecipient and shall render overall supervision of the progress and performance of this Agreement by the City.

B. Subrecipient's Executive Director shall have overall responsibility for performance of this Agreement and for coordinating with the City. If the Executive Director is replaced during the term of this Agreement, Subrecipient shall notify the City immediately of such occurrence. The Executive Director and Subrecipient staff will fully cooperate with the City relating to the Project, areas of concern, and the impact of the Project on residents of the City.

8. Permission Granted. After a Project Approval Form is approved, Subrecipient, its contractors, officers, agents, and subcontractors shall have permission to enter upon that certain City-owned real property specified in the Project Approval Form for the purpose set forth in said form. The permission granted by this Section is limited to a reasonable area around the Project site and ingress and egress thereto and is limited to the dates contemplated for completion of the Project as specified on the Project Approval Form.

9. Payment of Costs.

A. The Project shall be undertaken at Subrecipient' sole cost and expense on a reimbursement basis, except for a Project where the City materials and supplies are to be used as specified in the Project Approval Form and except where the parties have agreed in writing to other payment arrangements prior to or simultaneous with approval of a Project.

B. Subrecipient acknowledges and agrees that if the actual cost of a Project exceeds the estimated cost on the Project Approval Form, the City is not responsible for the difference and shall not reimburse Subrecipient for any additional costs incurred, unless those additional costs are due to additions or changes to the Project which were requested by the City.

10. Title to Improvements. Title to all improvements, if any, constructed in whole or in part on lands owned or controlled by the City shall vest in the City upon completion or final inspection of the Project, whichever is sooner.

11. Emergencies. Temporary suspension or permanent cessation of a Project may be required due to emergency conditions. Under such circumstances, the City and Subrecipient shall mutually agree on the postponement of a Project and who should bear the costs incurred due to said postponement.

12. Time and Progress.

A. Subrecipient shall begin work on each Project in conformity with the provisions set forth herein and shall work with diligence so as to complete the Project according to the time schedule in the Project Approval Form.

B. Subrecipient shall work so that the completed Project shall be comparable to that specified in the Project Approval Form. Subrecipient and the City shall notify each other and obtain approval from each other prior to any change in the time schedule.

13. Use of Premises.

A. Subrecipient shall confine construction equipment, the storage of materials and equipment, and the operations of workers to each Project site and areas identified in and permitted by the City and shall not unreasonably encumber same with construction equipment or other materials or equipment.

B. During the work, Subrecipient shall keep each Project site and said areas free from accumulations of waste, rubbish, and debris. Upon completion of the Project, Subrecipient shall remove all waste, rubbish and debris from and about each Project site and said areas as well as all tools, equipment, machinery, and surplus materials, and shall leave the Project site and said areas clean and ready for occupancy by the City. Subrecipient shall restore to original condition all property not designated for alteration by this Agreement.

C. Subrecipient shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Subrecipient subject any part of the Project or adjacent property to stresses or pressures that will endanger them.

14. Rights of Entry and Inspection. City, its officials, agents and employees shall at all times have the right of entry and free access to the Project site and areas identified in and permitted by the Project Approval Form and right to inspect all work done, labor performed, and materials furnished in and about the Project and to inspect all books, contracts, and records of Subrecipient pertaining to the Project.

15. Progress Reports.

A. Subrecipient shall keep the City Manager or designee informed on all phases of the Project. Without limiting the foregoing, until the Project has been completed, Subrecipient shall prepare and submit to the City Quarterly Performance Reports corresponding to the quarters of the Agreement year, as follows:

Quarter 1 = July--September
Quarter 2 = October--December
Quarter 3 = January--March
Quarter 4 = April--June.

B. A complete Quarterly Performance Report must be received by the City within 30 days after the end of Quarters 1, 2 and 3, and within 10 days of June 30'1-1 after the 4th Quarter and shall contain such detail as may be reasonably requested by the City.

16. Project Supervision. Work on a Project shall be under the immediate supervision of Subrecipient’s program managers. The city may provide such operation supervision, technical assistance, guidelines and inspection as the City considers necessary to properly complete the Project. Subrecipient expressly warrants that neither Subrecipient nor any of Subrecipient employees shall represent themselves to be employees or agents of the City.

17. Signs. Subrecipient shall not construct, maintain, place or allow any signs, exhibits, displays, emblems, or logos on any Project site without the prior approval of the City Manager or designee. Subrecipient shall not use the City's logo in the performance of the Project without the prior approval of the City Manager or designee.

18. Compliance with Laws. Subrecipient shall comply with all applicable local, state and federal laws, ordinances, rules, and regulations pertaining to the Project, including but not limited to any environmental specifications on the Project Approval Form, and shall obtain such permits, licenses, and certificates required by all federal, state and local government authorities.

19. Insurance. As a condition precedent to the effectiveness of this Agreement, Subrecipient shall procure and maintain at Subrecipient's expense for the duration of this Agreement from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A: VIII by A.M. Best and Company the following insurance:
(a) Commercial general liability insurance naming the City of La Puente, its officials, employees, and agents as additional insureds from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out of any manner connected to Subrecipient's operations or performance under this Agreement in an amount not less than One Million Dollars ($1,000,000) per occurrence and not less than Two Million Dollars ($2,000,000) general aggregate. Such insurance shall not exclude or limit coverage for broad form contractual liability, cross-liability protection, independent contractors liability, abuse or molestation liability, or products and completed operations liability. (b) Workers' compensation coverage as required by the California Labor Code and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000) per accident or occupational illness.
(c) Commercial automobile liability insurance equivalent in coverage scope to ISO form CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars ($500,000) combined single limit per accident for bodily injury and property damage covering Auto Symbol 1 (All Autos).
(d) Sexual Abuse and Molestation Liability Insurance endorsement to the commercial general liability insurance in amounts of not less than One Million Dollars ($1,000,000) per occurrence.

Subrecipient shall deliver to the City certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. No "Claims made" policies shall be acceptable. This insurance shall not be deemed to limit Subrecipient's liability relating to performance under this Agreement. The City reserves the right to require complete certified copies of said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the prior written approval of the City's Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Agreement.

20. Indemnity. Subrecipient shall, with respect to services performed in connection with this Agreement, indemnify and hold harmless the City, its Boards, Commissions, and their officials, employees and agents (collectively in this Section, "City") from and against any and all liability, claims, demands, damage, loss, causes of action, proceedings, penalties, costs and expenses (including attorney's fees, court costs, and expert and witness fees) (collectively "Claims" or individually "Claim"). Claims include allegations and include by way of example but are not limited to: Claims for property damage, personal injury or death arising in whole or in part from any negligent act or omission of Subrecipient, its officers, employees, agents, or anyone under Subrecipient control (collectively "Indemnitor"); Subrecipient breach of this Agreement; misrepresentation; willful misconduct; and Claims by any employee of Indemnitor relating in any way to workers' compensation. Independent of the duty to indemnify and as a free-standing duty on the part of Subrecipient, Subrecipient shall defend City and shall continue such defense until the Claim is resolved, whether by settlement, judgment or otherwise. No finding or judgment of negligence, fault, breach, or the like on the part of Indemnitor shall be required for the duty to defend to arise. Subrecipient shall notify the City of any claim within ten (10) days. Likewise, the City shall notify Subrecipient of any claim, shall tender the defense of such claim to Subrecipient, and shall assist Subrecipient, as may be reasonably requested, in such defense.

Subrecipient's Representations and Warranties. Subrecipient represents and warrants:
(a) that Subrecipient is a duly organized and validly existing nonprofit public benefit corporation in good standing under the laws of the State of California; (b) that Subrecipient is a tax-exempt public charity under Section 501(c)(3) of the U.S. Internal Revenue Code; (c) that the form, terms and provisions of this Agreement have been approved in all respects by Subrecipient's governing board at a meeting duly noticed and held; (d) that Subrecipient's Executive Director has been duly authorized to execute and deliver this Agreement on behalf of Subrecipient; (e) that Subrecipient's execution, delivery and performance of this Agreement are not in contravention of any provision of law, or of any agreement, by which Subrecipient is bound; (f) no action or proceeding is now pending or, to the best of Subrecipient's knowledge, is threatened, against Subrecipient, in equity or otherwise, before any court, board, commission, agency or instrumentality of the Federal Government or any state government or of any municipal government or any agency or subdivision thereof; or before any arbitrator or panel of arbitrators; (g) Subrecipient is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any material contractual obligation of Subrecipient, and no condition exists which with the giving of notice or the lapse of time or both would constitute such a default; (h) all financial statements furnished to City by Subrecipient are true, correct and complete and all other information previously furnished by or on behalf of Subrecipient to City in connection with this Agreement is true, complete and correct in all material respects and does not fail to state any material fact necessary to make the statements made not misleading; and (i) no material adverse change in the operations or financial condition of Subrecipient has occurred since the City received the notice of intent to award on March 25, 2022.

Nondiscrimination. In connection with performance of this Agreement and subject to applicable rules and regulations, Subrecipient shall not discriminate against any employee or applicant for employment because of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, handicap, or disability. Subrecipient shall ensure that applicants are employed, and that employees are treated during their employment, without regard to these bases.

Such actions shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

Amendment and Waiver. This Agreement shall not be amended except in writing signed by the parties which expressly refers to this Agreement. The acceptance of work or the payment of any money by the City shall not operate as a waiver of any provision of this Agreement, or of any right to damages or indemnity stated in this Agreement. The waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach of this Agreement.

24. Governing Law; Venue. Except where federal law preempts, this Agreement shall be governed by and construed pursuant to the laws of the State of California (except those provisions of California law pertaining to conflicts of law). In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be had in any state or federal court of competent jurisdiction located in Los Angeles County, California.

25. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all other agreements, oral or written, with respect to the subject matter herein.

26. Books and Records.

A. Subrecipient shall maintain ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements for a minimum period of three (3) years, or for any longer period required by law, from the date of any final payment to Subrecipient on a Project.

B. Subrecipient shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or expiration of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Subrecipient' address shown herein. Subrecipient shall reimburse the City for all costs incurred to investigate and audit Subrecipient's performance of its duties under this Agreement if Subrecipient is subsequently found to have violated the terms of this Agreement. Such reimbursement shall include all direct and indirect expenditures incurred by the City to conduct the investigation or audit. The City may deduct all such costs from any amount due Subrecipient under this Agreement.

D. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Subrecipient, the City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Subrecipient, its representatives, or successors-in-interest.

E. Subrecipient acknowledges that its participation in this program is subject to various state and federal laws and regulations, including, but not limited to, the Single Audit Act, and agrees to bear the expense for compliance with applicable laws and regulations.

27. Independent Contractor. In performing services hereunder, Subrecipient is and shall act as an independent contractor and not an employee, representative, or agent of the City.

Subrecipient shall be free to contract for similar services to be performed for others during the term of this Agreement. Subrecipient acknowledges and agrees that (a) the City will not withhold taxes of any kind from Subrecipient' compensation, (b) City will not secure workers' compensation or pay unemployment insurance to, for or on Subrecipient's behalf, and (c) the City will not provide and Subrecipient is not entitled to any of the usual and customary rights, benefits or privileges of City employees.

28. Severability of Provisions. If any term or condition of this Agreement is found to be invalid, ineffective, void, or unenforceable for any reason whatsoever, all other terms and conditions shall remain in full force and effect.

29. Unforeseen Delays. Neither the City nor Subrecipient shall be deemed in violation of this Agreement if prevented from performing any of the obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of material, Act of God, acts of public enemy, acts of superior governmental authority, weather conditions, riots, rebellion, sabotage or any other circumstance which is not within its control.

30. No Religious or Political Activities. Subrecipient agrees that Subrecipient shall not perform or permit any religious proselytizing or political activities in connection with the performance of the Project under this Agreement. No funds reimbursed by the City to Subrecipient under this Agreement shall be used to promote any religious or political activities.

31. Mechanic's Lien. Subrecipient shall keep each Project site free of any mechanic's or materialman's lien. If a mechanic's or materialman's lien is imposed on any Project site, Subrecipient shall: (a) Record a valid release of lien; or (b) Procure and record a lien release bond in accordance with Section 3143 of the California Civil Code issued by a surety authorized to do business in California and providing for payment of any sum recovered by claimant. Any costs in obtaining relief under this Section shall be the sole responsibility of Subrecipient and shall not be reimbursed by the City.

32. Notice. Any notice required hereunder or desired to be given by either party shall be in writing and personally delivered or deposited in the U.S. Postal Service, first class, postage prepaid to the following address of each party:

City: City of La Puente
c/o Robert Lindsey, City Manager
15900 E. Main Street
La Puente, CA 91744
Subrecipient: San Gabriel Valley Conservation and Services Corps. c/o Norma Quinones, Executive Director
10900Mulhall St.

El Monte, CA 91731
Notice of change of address shall be given in the same manner as stated herein for other notices. Notice shall be deemed given on the date received (or the date delivery is refused) by the party to whom delivery is made.

33. Readings. The various headings and numbers herein and the sequence of provisions hereof are for convenience only, shall not be considered a part hereof, and shall have no bearing on the construction or interpretation hereof.

34. Assignment. Subrecipient shall have no right to assign this Agreement or any interest therein without the express prior written approval of the City. Any purported attempt by Subrecipient to assign any performance of the Project under this Agreement shall be null and void and shall constitute a material breach of this Agreement.

35. Interpretation. If any questions arise as to the proper interpretation of the terms and specifications or any Project undertaken pursuant to this Agreement, the decision of the City Manager or designee shall be final.

36. Suspension and Termination.

A. The City reserves the right to suspend or terminate this Agreement and payment of costs in whole or in part for cause. "Cause" shall include but not be limited to: (1) Ineffective or improper use of funds; or (2) Failure to comply with any material provision of this Agreement, including exhibits. If the City elects to exercise its right under this Subsection (A), the City shall notify Subrecipient of the City's intent to suspend or terminate the Agreement, specify the reason(s), and furnish a description of corrective action to be taken by Subrecipient if relying on Subsection (A)(2). Subrecipient shall have ten (10) calendar days in which to respond. If Subrecipient does not respond to the satisfaction of the City, the City may, in its sole discretion, continue, suspend, or terminate the Agreement. Notwithstanding the foregoing, any suspension or termination of this Agreement shall not relieve the City of its obligation to defray appropriate costs incurred by Subrecipient prior to said suspension or termination.

B. In addition to the termination remedies described above, either party may terminate the Agreement by giving thirty (30) days prior notice to the other party, specifying the date on which termination shall take effect.

37. No Third-Party Beneficiary. This Agreement is not intended or designed to or entered for the purpose of creating any benefit or right for any person or entity of any kind that is not a party to this Agreement.

38. Conflicts of Interest. Subrecipient shall furnish to the City, prior to the City's execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors or personal service providers, including subsidiaries and affiliates of Subrecipient. This list should be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries and affiliates of Subrecipient, which will receive $10,000 or more during the term of this Agreement. Such a list shall include the names, addresses, telephone numbers, and identification of principal party (ies), and a description of services to be provided. During the term of this Agreement, Subrecipient shall notify the City in writing of any change in the list of subgrantees/subcontractors, vendors, personal service providers, subsidiaries or affiliates of Subrecipient within fifteen (15) days of change.

39. Federal Requirements.

39.1 Conflict of Interest. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

39.2 Equal Employment Opportunity. During the performance of this Agreement, the Subrecipient agrees as follows:

39.2.1 The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

39.2.2 The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

39.2.3 The Subrecipient will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the Subrecipient commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

39.2.4 The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

39.2.5 The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

39.2.6 In the event of the Subrecipient noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the Subrecipient may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

39.2.7 The Subrecipient will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

39.3 Civil Rights Act. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

39.4 Section 109 of the Housing and Community Development Act of 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

39.5 Age Discrimination Act of 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

39.6 Anti-Lobbying Certification. No federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 awarding any Federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person 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 awarding any Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

39.7 Subrecipient agrees to abide by all applicable federal laws and regulations applicable to projects involving Coronavirus State and Local Fiscal Recovery Funds.

IN WITNESS WHEREOF, the parties have caused this document to be duly executed with all of the formalities required by law as of the date first stated herein. “CITY” “CONSULTANT”
City of La Puente SAN GABRIEL VALLEY

CONSERVATION AND SERVICE
CORPS, a California nonprofit public benefit
corporation
By:________________________________ By:__________________________ Bob Lindsey, City Manager
Attest:

By:______________________________
Sheryl Garcia, City Clerk
Approved as to form:

By:

City Attorney
Exhibit A
Project Proposal and Scope of Work
La Puente Youth Workforce Development Program
City of La Puente
Attn: City Clerk’s Office
15900 E. Main Street
La Puente, CA 91744
Prepared by:

San Gabriel Valley Conservation Corps
10900 Mulhall St.

El Monte, CA 91731
La Puente Youth Workforce Development Program- Attachment A 2 Table of Contents

1. General Information/ Execution Sheet .................................................................................................. 3

2. Introduction............................................................................................................................................ 4

3. Sub-Grantee List..................................................................................................................................... 5

4. Scope of Work ........................................................................................................................................ 5

4.1. Timeline .......................................................................................................................................... 5

4.2. Deliverables.................................................................................................................................... 5

4.3. Services Offered.............................................................................................................................. 6

4.4. Reporting ........................................................................................................................................ 7

5. References.............................................................................................................................................. 8

6. Schedule of Prices................................................................................................................................... 9

7. Cost Estimate (Budget)......................................................................................................................... 10

8. Proof of Insurance ................................................................................................................................ 11

La Puente Youth Workforce Development Program- Attachment A 5 3. Subgrantee List
N/A

4. Scope of Work
The proposed scope includes the timeline, deliverables, services offered by the San Gabriel Valley Conservation Corps to youth aged 16-30, and reporting procedures.

4.1 Timeline
The youth workforce development program will begin with participant recruitment in November 2022 and will enroll on an ongoing basis until 2024. The program will run from January 2023 to June 30th 2024.

4.2 Deliverables
The San Gabriel Valley Conservation Corps Job Readiness Training Program will focus on hiring 50 youth (16-30) primarily from the city of La Puente and engage participants with effective job training, certification attainment, and a robust experience that will help them advance in life.

Priority program enrollment will be given to youth who:
- Have not participated in AmeriCorps program
- May have difficulty finding employment
- Are low-income, unemployed, and/or out of school
- Are or were justice-involved
- Former or currently in foster care services
- Are engaged with the mental health or substance abuse system The program participants, regarded to as corpsmembers, will undergo a training program that consists of up to 999 hours of workforce development, certified trainings and an assortment of job readiness and life skills workshops while engaging in on-the-job training (OJT).

Corpsmembers will earn certifications in OSHA 10, First Aid/CPR, Microsoft Word and/or Excel and certificates for completing the Wilderness Survival Training and SGVCC Tool Control Program training.

Each Program participant will receive:
- Up to 999 paid job training hours
- (1) OSHA 10 certification
- (1) First Aid/ CPR certification
- (1) Microsoft Word and/or Excel certificate
- (1) Wilderness Survival Certificate of Completion
- (1) SGVCC Tool Control Certificate Program
- (5) Life Skills Workshops
- (5) Job Readiness Workshops
La Puente Youth Workforce Development Program- Attachment A 6 4.3 Services Provided
The job training hours will consist of a variety of implementation projects which includes parks operation and maintenance, urban forestry, city beautification and addressing local food insecurity. All services provided will be conducted in coordination with city staff and assigned personnel.

Parks Operations and Maintenance (O&M): Under the supervision of SGVCC crew supervisors and city staff, program participants will perform routine O&M activities at La Puente Park and Puente Creek Nature Educational Center, youth will clean/disinfect park surfaces/playgrounds/gym equipment, and plant and care for trees and vegetation. At the Urban Orchard (to be developed by the city in collaboration with the San Gabriel Valley Conservation Corps), youth will perform traditional park O&M activities, while also conducting specialized care for the vegetation, collection of produce for the public, and leading educational orchard tours for the public.

Urban Forestry: Under the supervision of SGVCC staff and crew supervisors, youth will learn how to prune, and provide general care of trees and vegetation in parks. This also includes greenways such as landscaping along streets, medians, and other facilities within the public right-of-way. Urban forestry may also include specialized plant care for the Urban Orchard.

City Beautification: Under the supervision of SGVCC staff and crew supervisors, youth will participate in illegal dumpsite cleanups, hauling away and properly disposing of large bulky items and debris. The beautification projects also include litter abatement which will be conducted throughout the city. SGVCC currently has pressure washers that will be used to provide pressure washing services. Program participants will be trained to safely operate all equipment including the pressure washer. The beautification crews will ensure regular pressure washing of sidewalks to; remove dirt, stains, gum, and other substances/objects that may adhere to sidewalk surfaces. Public trash cans in the right-of-way will also be cleaned out and crews will ensure placement of clearly legible “Caution” signs on sidewalks for the duration of cleaning activities.

Snack Bar Operations: Snack bar operations will be conducted at the snack bar located in La Puente Park where fresh food and drinks are served. SGVCC will coordinate with city staff to ensure proper scheduling and duties are covered. The snack bar duties shall include stocking food and drinks, preparing and cleaning work areas, greeting the public, responding to inquiries, and cashiering.

Community Food Distribution/Food Banks: Under the supervision of SGVCC staff and crew supervisors, participants will assist with addressing food insecurity in La Puente and surrounding communities in need. Proper coordination will be conducted to ensure proper management of resources and duties. Tasks include conducting food inventory, separating perishables, and non-perishables, and create baskets for distribution. In addition, youth may be tasked with participating in mobile food distributions, drive-through pantries, and no-contact distributions.

La Puente Youth Workforce Development Program- Attachment A 7 4.4 Reporting
SGVCC staff will be timely and responsible with the following reporting requirements:
# Metrics Period
1 Number of youths participating in program Monthly
2 Number of youths employed in each service area Monthly 3 Number of youths enrolled in job/readiness training program Monthly 4 Number of youths completing job/readiness training program Monthly 5 Average wage and hours worked of participants across program Monthly 6 Number of youths employed in program who were previously unemployed Monthly 7 Number of youths who fully complete the program Monthly 8 Percentage of youth employed in program who remain in college or stable employment
Monthly
9 Percentage of youth employed after completion of program Monthly 10 Percentage of youth who report job satisfaction after one year of employment, as reported by survey
Monthly
11 Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
Monthly
12 Percentage of youth employed in public service after one year of employment
Monthly
13 Job training evaluations Monthly
14 Quarterly Progress Reports Quarterly
15 Information/ data/ member stories will be requested for annual report Annual La Puente Youth Workforce Development Program- Attachment A 8 5. References

1. Name: Joseph Martinez
Organization/ Profession: City of Industry Expo Center, Field Operations Project Manager
Contact Number: 626-945-1094
Email: [email protected]

2. Name: Justin Aguilar
Organization/ Profession: City of Industry Expo Center, Field Operations Project Manager
Contact Number: 626- 893-8221
Email: [email protected]

3. Name: Christopher Ortiz
Organization/ Profession: City of El Monte, Public Works Operations Superintendent Contact Number: 626-580-2250
Email: [email protected]

Attachment A- Program Budget
San Gabriel Valley Conservation Corps
12- 16 month project performance period
Budget Item Relationship to Project
Goals and Strategies
# Hourly Rate # hours REQUEST MATCH
OR INKIND

TOTAL PROJECT COST
Indirect @10% $189,984 $189,984
CATEGORY 1 TOTAL $189,984 $189,984
Program Manager (New Hire) Program coordination,
training facilitation, and
project planning
1 $ 27.00 1000 $27,000 $27,000
Program Coordinator (New Hire) Assists in program
coordination, training
facilitation and project
li
1 $ 25.00 750 $18,750 $18,750
Field Supervisor project supervision and
implementation 4
$ 24.00 2,080 $199,680 $199,680
Case Manager Wrap around services,
barrier removal and
counseling
2 $ 24.00 2,800 $134,400 $134,400
Outreach Coordinator Recruitment, outreach
event coordination
1 $ 21.00 1,280 $26,880 $26,880
Data Collection Specialist (New Hire) Assist in data collection and evaluation
1 $ 28.00 500 $14,000 $14,000
Associate Director Hiring, program
development, program
compliance
1 $ 30.00 360 $10,800 $10,800
Worker's Compensation Ins, Payroll Tax at 22% $94,932 $94,932 OSHA 10 certification (participants, staff,
supervisors) 56 50 $2,800 $2,800
First Aid Certification (participants, staff,
supervisors) 56 40 $2,240 $2,240
Wilderness Survival Skills Certification
(participants, staff, supervisors) 56 55 $3,080 $ - $3,080 Fuel Costs $25,000 $25,000
Uniform Supplies (participants + supervisors) Uniforms and supplies needed for project work that

60 300 $18,000 $ - $18,000
Tools/ Supplies landscape tools,
beautiification tools/
equipment, PPE, Etc.
$15,000 $15,000
Wrap-around services/ barrier removeal
services
bus passes, food vouchers,
gas cards, clothing
vouchers, etc.
50 1500
$75,000 $0 $75,000
Case Management software Provides case
management software to
enhance services
$15,000 $15,000
Printing Program manuals,
outreach, etc. 1 5,000 $7,000 $7,000
Marketing/ promotional items promotional items for
recruitment
$15,000 $15,000
Vehicle repair/ maintenance $2,500 $2,500
Vehicle Rental Rental for crew
transportation 65 350 $22,750 $22,750
CATEGORY 2 TOTAL $729,812 $729,812
Budget Item Relationship to Project
Goals and Strategies
# Hourly Rate # hours REQUEST MATCH
OR INTOTAL PROJECT COST
Corpsmember (Participants)
Paid job training, project
implementation
50 $19.20 49950 $959,040 $959,040
Worker's Compensation Ins, Payroll Tax at 22% $210,989 $210,989 TOTAL CATEGORY 3 $1,170,029 $1,170,029
TOTAL DIRECT COSTS $1,899,841 $1,899,841
Incidental Costs $189,984 $189,984
Indirect @10% (included in Category 1) $189,984 $189,984 GRAND TOTALS $2,279,809 $2,279,809
Category 2 Wrap Around Services (40% max)
Category 1
Category 2: Certifications and Operating Expenses
Category 2: Fringe Benefits
Category 3: Participant Wages and Benefits
10/17/2022
Insurance United, Inc. dba Conservation United
PO Box 759
Higley AZ 85236
Sandra Nenna
(855) 570-2797 (602) 388-8110
[email protected]
San Gabriel Valley Conservation And Service Corps
10900 Mulhall Street
El Monte CA 91731
Philadelphia Indemnity Ins Co 18058
Nonprofits United
22-23 Liability
A PHPK2455140 09/01/2022 09/01/2023
1,000,000
1,000,000
10,000
1,000,000
3,000,000
3,000,000
Professional Liability
Aggregate
3,000,000
A PHPK2455140 09/01/2022 09/01/2023
1,000,000
A
10,000
PHUB829371 09/01/2022 09/01/2023
4,000,000
4,000,000
B NPU-WCG 001-2022 01/01/2022 01/01/2023
750,000
750,000
750,000
B
Excess Work Comp
SP4065897 01/01/2022 01/01/2023
XS of $750,000 $2M (EL)
XS of $750,000 Statutory (WC)
Certificate holders are named as additional insureds as required by contract.

San Gabriel Valley Conservation & Service Corps
***Evidence of Insurance***
10900 Mulhall Street
El Monte CA 91731

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
AGENDA ITEM NO. E-3
To: Mayor and City Council For meeting of: November 15, 2022 From: Bob Lindsey, City Manager
SUBJECT: DISCUSSION AND DIRECTION REGARDING THE MELLOW MAN ACE

EDUTAINMENT ARTS PROGRAM (COMMUNITY SAFETY AND

WELFARE AD HOC COMMITTEE)

BACKGROUND/DISCUSSION
The Community Safety and Welfare Ad Hoc Committee has requested a discussion regarding the Mellow Man Act Edutainment Arts Program, music education for kids ages 8 to 21.

FISCAL IMPACT
None.

RECOMMENDATION
It is recommended that the City Council discuss this item and provide any necessary direction to Staff.

ATTACHMENTS
Attachment “A”: Program Overview
City of La Puente

AGENDA REPORT

ATTACHMENT A

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