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8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.
8.45 TERMINATION FOR INSOLVENCY
8.45.1 County may terminate this Subaward forthwith in the event of the occurrence of any of the following:
8.45.1.1 Insolvency of Subrecipient. Subrecipient will be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not Subrecipient is insolvent within the meaning of the Federal Bankruptcy Code;
8.45.1.2 The filing of a voluntary or involuntary petition regarding Subrecipient under the Federal Bankruptcy Code;
8.45.1.3 The appointment of a Receiver or Trustee for Subrecipient; or
8.45.1.4 The execution by Subrecipient of a general assignment for the benefit of creditors.
8.45.2 The rights and remedies of County provided in this Subparagraph 8.45 will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.46 TERMINATION FOR NON - ADHERENCE OF COUNTY LOBBYIST ORDINANCE
8.46.1 Subrecipient (that is, "Contractor") and each County Lobbyist or County Lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by Contractor must fully comply with County's Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Contractor or any County Lobbyist or County Lobbying firm retained by Contractor to fully comply with County's Lobbyist Ordinance will constitute a material breach of this Subaward (that is, "Contract"), upon which County may in its sole discretion, immediately terminate or suspend this Contract.
8.47 TERMINATION FOR NON - APPROPRIATION OF FUNDS
8.47.1 Notwithstanding any other provision of this Subaward, County will not be obligated for Subrecipient's performance hereunder or by any provision of this Subaward during any of County's future Fiscal Years unless and until County's Board appropriates funds for this Subaward in County's budget for each such future Fiscal Year. In the event that funds are not appropriated for this Subaward, then this Subaward will terminate as of June 30 of the last Fiscal Year for which funds were appropriated. County
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will notify Subrecipient in writing of any such non-allocation of funds at the earliest possible date.
8.48 VALIDITY
8.48.1 If any provision of this Subaward or the application thereof to any person or circumstance is held invalid, the remainder of this Subaward and the application of such provision to other persons or circumstances will not be affected thereby.
8.49 WAIVER
8.49.1 No waiver by County of any breach of any provision of this Subaward will constitute a waiver of any other breach or of such provision. Failure of County to enforce at any time, or from time to time, any provision of this Subaward will not be construed as a waiver thereof. The rights and remedies set forth in this Subparagraph 8.49, will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.50 WARRANTY AGAINST CONTINGENT FEES
8.50.1 Subrecipient warrants that no person or selling agency has been employed or retained to solicit or secure this Subaward upon any 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 Subrecipient for the purpose of securing business.
8.50.2 For breach of this warranty, County will have the right to terminate this Subaward and, at its sole discretion, deduct from the Subaward Sum or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8.51 WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX
REDUCTION PROGRAM
8.51.1 Subrecipient acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless Subrecipient qualifies for an exemption or exclusion, Subrecipient warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Subaward will maintain compliance, with Los Angeles County Code Chapter 2.206.
Prior to the commencement of this Subaward, Subrecipient will complete Exhibit V (Certification of Compliance with County’s Defaulted Property Tax Reduction Program) and submit it to County’s Contract Analyst in the time and manner as designated by County.
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8.52 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE
WITH COUNTY' S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
8.52.1 Failure of Subrecipient to maintain compliance with the requirements set forth in Subparagraph 8.51 (Warranty of Compliance with County's Defaulted Property Tax Reduction Program), will constitute default under this Subaward. Without limiting the rights and remedies available to County under any other provision of this Subaward, failure of Subrecipient to cure such default within ten (10) days of notice will be grounds upon which County may terminate this Subaward and/or pursue debarment of Subrecipient, pursuant to Los Angeles County Code Chapter 2.206. Prior to the commencement of this Subaward, Subrecipient must complete Exhibit V (Certification of Compliance with County’s Defaulted Property Tax Reduction Program) and submit it to County’s Contract Manager in the time and manner as designated by County.
8.53 TIME OFF FOR VOTING
8.53.1 Subrecipient must notify and provide its employees, and must require each Lower Tier Subrecipient to notify and provide its employees, information regarding the time off for voting law pursuant to California Elections Code Section 14000. Not less than ten (10) days before every statewide election, Subrecipient and any approved Lower Tier Subrecipient(s) must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000.
8.54 COMPLIANCE WITH COUNTY'S ZERO TOLERANCE HUMAN TRAFFICKING POLICY
8.54.1 Subrecipient (that is, "Contractor") acknowledges that County has established a Zero Tolerance Human Trafficking Policy which prohibits Contractor and member of Contractor's staff from engaging in human trafficking.
8.54.2 If Contractor or member of Contractor's staff is convicted of a human trafficking offense, County will require that Contractor or member of Contractor's staff be removed immediately from performing Services under this Subaward (that is, "Contract"). County will not be under any obligation to disclose confidential information regarding the offense(s) other than those required by law.
8.54.3 Disqualification of Contractor or member of Contractor's staff pursuant to this Subparagraph 8.54 will not relieve Contractor of its obligation to complete all Work in accordance with the terms and conditions of this Contract.
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8.55 INTENTIONALLY OMITTED
8.56 COMPLIANCE WITH FAIR CHANCE EMPLOYMENT PRACTICES
8.56.1 Subrecipient (that is, "Contractor"), and its Lower Tier Subrecipient(s) must comply with fair chance employment hiring practices set forth in California Government Code Section 12952. Contractor's violation of this Subparagraph 8.56 may constitute a material breach of this Subaward (that is, "Contract"). In the event of such material breach, County may, in its sole discretion, terminate this Contract.
8.57 COMPLIANCE WITH COUNTY POLICY OF EQUITY
8.57.1 Subrecipient acknowledges that County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in County Policy of Equity (CPOE) (https://ceop.lacounty.gov/).
Subrecipient further acknowledges that County strives to provide a workplace free from discrimination, harassment, retaliation, and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. Subrecipient, its employees and Lower Tier Subrecipient(s) acknowledge and certify receipt and understanding of the CPOE. Failure of Subrecipient, its employees or any approved Lower Tier Subrecipient(s) to uphold County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject Subrecipient to termination of contractual agreements as well as civil liability.
8.58 PROHIBITION FROM PARTICIPATION IN FUTURE SOLICITATION(S)
8.58.1 A Proposer, or a Subrecipient (that is, "Contractor") or its subsidiary or Lower Tier Subrecipient (that is, "Subcontractor") ("Proposer/Contractor"), is prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has provided advice or consultation for the solicitation. A Proposer/Contractor is also prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has developed or prepared any of the solicitation materials on behalf of County. A violation of this provision will result in the disqualification of Proposer/Contractor from participation in County solicitation or the termination or cancellation of any resultant County contract.
8.59 INJURY AND ILLNESS PREVENTION PROGRAM
8.59.1 Subrecipient will be required to comply with the State of California’s Cal OSHA’s regulations. California Code of Regulations Title 8 Section 3203 requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
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8.60 CAMPAIGN CONTRIBUTION PROHIBITING FOLLOWING FINAL DECISION IN
SUBAWARD PROCEEDING
8.60.1 Pursuant to Government Code Section 84308, Subrecipient and its Lower Tier Subrecipients, are prohibited from making a contribution of more than $250 to a County officer for twelve (12) months after the date of the final decision in the proceeding involving this Subaward. Failure to comply with the provisions of Government Code Section 84308 and of this subparagraph, may be a material breach of this Subaward as determined in the sole discretion of the County.
9.0 NIQUE TERMS AND CONDITIONS
9.1 ALLEGATIONS OF FRAUD AND/OR ABUSE
9.1.1 Fraud Prevention Reporting
9.1.1.1 Subrecipient's staff working on this Subaward must immediately report all suspected or actual instances of fraud as designated in Exhibit Q (Accounting, Administration and Reporting
Requirements).
9.1.2 Child Abuse Reporting
9.1.2.1 Subrecipient's staff working on this Subaward must comply with the Child Abuse and Neglect Reporting Act (California Penal Code (PC) Section 11164 et seq.), and must report all known and suspected instances of child abuse to an
appropriate child protective agency, as mandated by the referenced Penal Code. Additionally, Subrecipient's staff working on this Subaward must also report such abuse to the County of Los Angeles Department of Children and Family Services by calling the hotline at (800) 540-4000 within twenty-four (24) hours of discovering or suspecting the abuse.
Subrecipient's staff must submit all required information to the appropriate authorities in accordance with PC Sections 11166 and 1116
9.1.3 Elder and Dependent Adult Abuse R7.eporting
9.1.3.1 Subrecipient's staff working on this Subaward must comply with the Elder Abuse and Dependent Adult Civil Protection Act (California Welfare and Institutions Code (WIC) Section 15600 et seq.), and must report all known or suspected
instances of physical abuse of elders and dependent adults either to an appropriate County adult protective services agency or to a local law enforcement agency, as mandated by the referenced Welfare and Institutions Code.
Subrecipient's staff working on this Subaward must report the
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abuse and must submit all required information in
accordance with WIC Sections 15630, 15633 and 15633.5.
9.1.4 Withholding of Payment
9.1.4.1 In the event that allegations of fraud and/or abuse are levied against Subrecipient or any individual or entity performing Work under this Subaward on behalf of Subrecipient, County reserves the right to withhold either ten percent (10%) of the Subaward Sum allocated for any Fiscal Year under this
Subaward or the entire amount of the final year-end invoice, whichever is greater, until a determination is issued in writing by County that withheld funds will be released to Subrecipient.
For purposes of this Subaward, fraud and abuse will include but are not limited to the following: misapplication of funds; embezzlement; forgery; theft; solicitation and receipt of bribes; falsification of records; inauditable records;
unsupported or undocumented Subaward expenditures;
inaccurate fiscal and/or Program reports; misuse of fixed assets or non-fixed assets purchased with Subaward Sums (when the procurement of such assets are authorized in this Subaward); violation of conflict of interest requirements; etc.
9.2 AMERICANS WITH DISABILITIES ACT (ADA)
9.2.1 Subrecipient must abide by all applicable Federal, State, and local laws including the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations and auxiliary aids or services, unless compliance with the ADA would place an undue financial burden on, or would fundamentally alter the nature of, Subrecipient's operations.
Subrecipient must submit demonstrable evidence of such undue financial burden to County in such circumstances.
9.3 CONTRACTOR'S CHARITABLE ACTIVITIES COMPLIANCE
9.3.1 The Supervision of Trustees and Fundraisers for Charitable Purposes Act regulates entities receiving or raising charitable contributions. The "Nonprofit Integrity Act of 2004" (Senate Bill 1262, Chapter 919) increased Charitable Purposes Act requirements. By requiring Subrecipient (that is, "Contractor") to complete Exhibit J (CharitableContributions Certification), County seeks to ensure that all County contractors which receive or raise charitable contributions comply with California law in order to protect Los Angeles County and its taxpayers. When Contractor receives or raises charitable contributions without complying with its obligations under California law, Contractor commits a material breach subjecting it to termination of this Subaward (that is, "Contract"), debarment proceedings or both (County Code Chapter 2.202). Prior to the commencement of this Contract, Contractor must submit the completed Exhibit J (Charitable
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Contributions Certification) to County's Contract Manager in the time and manner as designated by County.
9.4 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)
9.4.1 County is subject to the Administrative Simplification requirements and prohibitions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), and regulations promulgated thereunder, including the Privacy, Security, Breach Notification, and Enforcement Rules which are outlined in Title 45 Code of Federal Regulations Sections 160 and 164 (collectively "HIPAA Rules"). Under this Subaward, Subrecipient provides Services to County and Subrecipient creates, has access to, receives, maintains, or transmits Protected Health Information as defined in Exhibit I (Business Associate Agreement Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)) in order to provide those Services. County and Subrecipient therefore agree to the terms of Exhibit I (Business Associate Agreement Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)).
9.5 FIXED ASSETS, NON-FIXED ASSETS AND SUPPLIES
9.5.1 Subrecipient may use Subaward Sums to purchase Fixed Assets, NonFixed Assets and Supplies, which are defined in Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies) contingent upon County's prior approval. Subrecipient must adhere to the purchase, inventory and disposal requirements for all Fixed Assets, Non-Fixed Assets and Supplies purchased with Subaward Sums, as provided by Federal and State regulations as well as the requirements outlined in Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies).
9.5.2 This Subaward involves the furnishing of equipment, materials and/or supplies. As such, it is unlawful for Subrecipient when engaged in business within the State to use any article or product as a "loss leader" as defined in the Business and Professions Code Section 17030.
9.6 LIMITATION ON CORPORATE ACTS
9.6.1 Subrecipient must not amend its articles of incorporation or bylaws, move to dissolve, or transfer any assets obtained using Subaward Sums, or take any other steps which may materially affect the performance of this Subaward without first notifying County in writing no less than thirty (30) days prior to said action. Subrecipient must notify County's Contract Manager immediately in writing of any change in Subrecipient's corporate name.
9.6.2 If, in County's sole discretion, the steps taken by Subrecipient are determined to materially affect Subrecipient's performance of this
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Subaward, County may, at its sole discretion, take any (or all) of the following actions:
9.6.2.1 Require Subrecipient to remedy the areas that affect Subrecipient's ability to perform its obligations under this Subaward.
9.6.2.2 Suspend Subrecipient from performing (and receiving payment for) Subaward tasks until a remedy has been
reached.
9.6.2.3 Terminate this Subaward pursuant to Subparagraph 8.43 (Termination for Default).
9.7 INTENTIONALLY OMITTED
9.8 MANDATORY REQUIREMENT TO REGISTER ON COUNTY'S WEBVEN
9.8.1 Subrecipient represents and warrants that it has registered in Los Angeles County's vendor registration system ("WebVen"). The WebVen contains Subrecipient's business profile and identifies the goods/services being provided by Subrecipient. Subrecipient must ensure that it updates its vendor profile whenever changes occur to Subrecipient's operations by accessing the WebVen site located on-line at:
http://camisvr.co.la.ca.us/webven/. County will use the data obtained from Subrecipient's WebVen profile to ensure that Subrecipient's information is consistent with Subaward records (e.g., Subrecipient's legal name, as reflected in its WebVen profile, will be used in all Subaward documents).
9.9 MODIFICATIONS
9.9.1 Modifications to this Subaward
9.9.1.1 This Subaward fully expresses the agreement of the parties.
Any modification to this Subaward must be by means of a separate written document approved by County. No oral
conversation between any officer, employee or agent of the parties must modify or otherwise amend this Subaward in any way. For purposes of this Subparagraph 9.9, a
Modification:
9.9.1.1.1 Is a mechanism that allows Subrecipient to
revise its Budget(s) or Services during the
Fiscal Year or Program Year without adversely
affecting Subrecipient's ability to fulfill its
obligations under this Subaward (i.e., such
Modification must not materially change
Subrecipient's obligation to provide the Services
outlined in Exhibit A (Statement of Work and
Attachments)).
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9.9.1.1.2 Allows Subrecipient to fully utilize Subaward Sums to fulfill the requirements of this
Subaward and adequately cover the provision
of Services.
9.9.1.1.3 Is approved by County in writing, must be in the best interests of County and Subrecipient must
adhere to it in its entirety.
9.9.1.2 Any Modification, as described below, will not change the terms, goals, or requirements of this Subaward. Such
Modification provides Subrecipient some flexibility to operate within the terms of this Subaward in order to fully utilize Subaward Sums and to achieve Subrecipient's performance goals. Subrecipient's request for Modifications, either budgetary or programmatic, must be submitted in writing to either County's Contract Manager or County's Program
Manager, respectively. Subrecipient must not request a
Modification during the first quarter and during the last two (2) months of the current Fiscal Year or Program Year (except where a written waiver is requested by Subrecipient and granted by County).
9.9.2 Budget Modifications
9.9.2.1 The movement of funds within an approved Budget(s) from one line item to another line item is classified as a Budget Modification. For the entirety of any Fiscal Year or Program Year, a Budget Modification must not exceed twenty percent (20%) of the baseline amount allocated to the line items being modified (i.e., Subrecipient's movement of funds among line items must not cause one line item to be reduced or
increased by more than twenty percent (20%) of its baseline amount). For purposes of this Subparagraph 9.9, baseline is defined as the original amount allocated at the beginning of a Fiscal Year or Program Year; for Fiscal Years or Program Years following the first Fiscal Year or Program Year, such amount may differ from what is reflected in the original Subaward. A Budget Modification will not change the
Subaward Sum allocated for any Fiscal Year or Program
Year under this Subaward. Subrecipient must notify County's Contract Manager in writing to request authorization prior to submitting a Budget Modification. On the date County
approves a Budget Modification, such Budget Modification must supersede any prior Budget Modification(s) approved by County within the same Fiscal Year or Program Year (i.e., when Subrecipient's Budget Modification number two (2) is approved by County, it becomes effective upon the approval
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date and Subrecipient's Budget Modification number one (1) is no longer effective as of that same date).
9.9.3 Program Modifications
9.9.3.1 The movement of Services from one Service category (as defined in Exhibit A (Statement of Work and Attachments)) to another is classified as a Program Modification. Subrecipient must notify County's Program Manager in writing to request authorization prior to submitting a Program Modification. On the date County approves a Program Modification, such
Program Modification will supersede any prior Program
Modification(s) approved by County within the same Fiscal Year or Program Year (i.e., when Subrecipient's Program Modification number two (2) is approved by County, it
becomes effective upon the approval date and Subrecipient's Program Modification number one (1) is no longer effective as of that same date).
9.10 NEPOTISM
9.10.1 Subrecipient certifies that it will not hire nor permit the hiring of any person in a position funded under this Subaward if a member of the person's immediate family is employed in an administrative capacity by Subrecipient. For purposes of this Subparagraph 9.10, the term "immediate family" means spouse (common law or otherwise, and including domestic partner), child, mother, father, brother, sister, brotherin- law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-inlaw, aunt, uncle, niece, nephew, step-parent, step-child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by Subrecipient. The term "administrative capacity" means a position that has overall administrative responsibility for the Program, including but not limited to selection, hiring, or supervisory responsibilities.
9.11 OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHT
9.11.1 County will be the sole owner of all right, title, and interest, including copyright, in and to all software, plans, diagrams, facilities, and tools ("materials") which are originated or created through Subrecipient's Work pursuant to this Subaward. Subrecipient, for valuable consideration herein provided, must execute all documents necessary to assign and transfer to, and vest in County all of Subrecipient's right, title and interest in and to such original materials, including any copyright, patent and trade secret rights which arise pursuant to Subrecipient's Work under this Subaward.
9.11.2 During the term of this Subaward and during the authorized retention period of this Subaward, Subrecipient must maintain and provide security for all of Subrecipient's working papers prepared under this Subaward.
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County will have the right to inspect, copy and use at any time during the term of this Subaward and during the authorized retention period of this Subaward, any and all such working papers and all information contained therein.
9.11.3 Any and all materials, software and tools which are developed or were originally acquired by Subrecipient outside the scope of this Subaward, which Subrecipient desires to use hereunder, and which Subrecipient considers to be proprietary or confidential, must be specifically identified by Subrecipient to County's Contract Manager as proprietary or confidential, and must be plainly and prominently marked by Subrecipient as "Proprietary" or "Confidential" on each appropriate page of any document containing such material.
9.11.4 County will use reasonable means to ensure that Subrecipient's proprietary and/or confidential items are safeguarded and held in confidence. County agrees not to reproduce, distribute, or disclose to nonCounty entities any such proprietary and/or confidential items without the prior written consent of Subrecipient.
9.11.5 Notwithstanding any other provision of this Subaward, County will not be obligated to Subrecipient in any way under Subparagraph 9.11.4 for any of Subrecipient's proprietary and/or confidential items which are not plainly and prominently marked with restrictive legends as required by Subparagraph 9.11.3 or for any disclosure which County is required to make under any Federal or State law or order of court.
9.11.6 Notwithstanding any other provision of this Subaward, County and Subrecipient agree that County will have all ownership rights of software or modification thereof and associated documentation designed, developed, or installed using Federal financial participation. The Federal government will have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal government purposes, such software, modifications, and documentation. Notwithstanding any other provision of this Subaward, proprietary operating/vendor software packages, which are provided at established catalog or market prices and sold or leased to the general public, will not be subject to the ownership provisions of this Subparagraph
9.11. 9.12 PATENT, COPYRIGHT AND TRADE SECRET INDEMNIFICATION
9.12.1 Subrecipient must indemnify, hold harmless and defend County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorneys' fees, for or by reason of any actual or alleged infringement of any third-party's patent or copyright, or any actual or alleged unauthorized trade secret disclosure, arising from or related to the operation and utilization of Subrecipient's Work under this Subaward. County will inform Subrecipient as soon as practicable of any
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claim or action alleging such infringement or unauthorized disclosure, and will support Subrecipient's defense and settlement thereof.
9.12.2 In the event any equipment, part thereof, or software product becomes the subject of any complaint, claim, or proceeding alleging infringement or unauthorized disclosure, such that County's continued use of such item is formally restrained, enjoined, or subjected to a risk of damages, Subrecipient, at its sole expense, and providing that County's continued use of the system is not materially impeded, will either:
9.12.2.1 Procure for County all rights to continued use of the questioned equipment, part, or software product; or
9.12.2.2 Replace the questioned equipment, part, or software product with a non-questioned item; or
9.12.2.3 Modify the questioned equipment, part, or software so that it is free of claims.
9.12.3 Subrecipient will have no liability if the alleged infringement or unauthorized disclosure is based upon a use of the questioned product, either alone or in combination with other items not supplied by Subrecipient, in a manner for which the questioned product was not designed nor intended.
9.13 PROBATION AND SUSPENSION
9.13.1 Subrecipient may be placed on probation, suspension or a combination thereof when County determines that Subrecipient is not in compliance with any Service, Work, task, deliverable or requirement outlined in this Subaward and/or when Subrecipient has demonstrated a consistent and significant lack of achievement of the Subaward goals (including, but not limited to, meeting the requirements for Program performance, the Budget(s), expenditures, staffing, administration, etc.). County will notify Subrecipient in writing in the event that Subrecipient is placed on probation, suspension or a combination thereof.
9.13.2 Probation
9.13.2.1 Probation as used herein will mean a specified period of time (as determined by County) during which Subrecipient must remedy all areas of non-compliance which have been
identified by County or its duly authorized representative(s).
County will monitor Subrecipient's adherence to such
remedy(ies) during the probation.
9.13.2.2 When County places Subrecipient on probation, County will provide Subrecipient a written notice indicating the reasons for the probation (which will include a description of the areas of Subrecipient's non-compliance), the date upon which this
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probation will become effective, the date upon which
Subrecipient must fully remedy all areas of non-compliance and a determination as to whether or not Subrecipient may continue to provide Services during the probation.
9.13.2.3 Subrecipient's ability to obtain future funding may be impacted when Subrecipient does not remedy its noncompliance during its probation and/or when Subrecipient is placed on multiple probations (as determined by County at County's sole discretion).
9.13.3 Suspension
9.13.3.1 Suspension as used herein will mean a specified period of time (as determined by County) during which County will withhold payment from Subrecipient (i.e., suspension of payment(s)), County will institute a temporary curtailment of the Services provided by Subrecipient and any approved
Lower Tier Subrecipient(s), if any, (i.e., suspension of Work) or a combination thereof. This Subaward may be suspended in whole or in part, from time to time, when such action is deemed by County in its sole discretion to be in County's best interest. During the suspension, Subrecipient has a
continuing obligation to remedy the areas of non-compliance which have been identified by County or its duly authorized representative(s). County will monitor Subrecipient's
adherence to such remedy(ies) during the suspension.
9.13.3.2 When County suspends Subrecipient, County will provide Subrecipient a written notice indicating the type of
suspension, the reasons for such suspension (which will include a description of the areas of Subrecipient's noncompliance), the date upon which this suspension will become effective, the date upon which Subrecipient must fully remedy all areas of non-compliance and a determination as to whether or not Subrecipient may continue to provide Services which are not suspended during the suspension.
When County institutes a temporary curtailment of Services, the written notice will include a description of the Service(s) being suspended.
9.13.3.3 At County's sole discretion, when Subrecipient's payment(s) and/or Services are suspended, County may also elect to transfer suspended Services from Subrecipient to another subrecipient for a period of time that will be determined solely by County. Subrecipient's ability to obtain future funding may be impacted when Subrecipient does not remedy its noncompliance during its suspension and/or when Subrecipient
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is placed on multiple suspensions (as determined by County at County's sole discretion).
9.13.3.4 Upon receipt of a notice of suspension of Services and except as otherwise directed by County, Subrecipient must:
9.13.3.4.1 Stop providing Services under this Subaward on the date and to the extent specified in such
notice.
9.13.3.4.2 Complete performance of such part of the
Services that is not suspended by such notice.
9.13.3.5 Subrecipient will be promptly paid for Services properly completed up until the time of suspension. Such payment is contingent upon Subrecipient properly completing and timely submitting its invoice(s) for Services completed up until the effective date of suspension.
9.13.3.6 Suspension will continue for the period specified in the written notice of suspension provided to Subrecipient unless County provides written notice to resume Services at an earlier date.
9.13.3.7 All other terms and remedies provided in this Subaward, including provisions for Termination, will remain valid during any period of suspension.
9.13.4 In response to the notice of probation or suspension, Subrecipient must submit a written Corrective Action Plan to County's Compliance Manager within ten (10) days of the postmark date indicated on the notice from County. Subrecipient's Corrective Action Plan must address all of the deficiencies noted by County.
9.13.5 County will review Subrecipient's Corrective Action Plan and will determine whether it meets the requirements for County's approval. County reserves the right to suspend/deduct payments for or to terminate all or any part of this Subaward (and/or any of Subrecipient's other contracts with County) when Subrecipient submits a Corrective Action Plan that is not acceptable to County.
9.13.6 Subrecipient must implement the Corrective Action Plan upon receiving County's final written approval of the Corrective Action Plan.
Subrecipient's failure to comply with an approved Corrective Action Plan will be cause for material breach of this Subaward upon which County may pursue the remedies for default of Subaward, including, but not limited to, reimbursement for all debt collection costs incurred by County.
9.14 TRANSITION OF SUBAWARD SERVICES
9.14.1 Completion of Subaward
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9.14.1.1 Within sixty (60) calendar days prior to the expiration of this Subaward (or shorter time period if notified in writing by County), County will provide Subrecipient written notice of the time period that Subrecipient must allow County or a newly selected subrecipient a transition period for orientation purposes and the orderly transition of Subrecipient's current Services without additional costs to County. Subrecipient must continue to provide Services timely and accurately so that the Services are current at the expiration of this Subaward.
9.14.1.2 Subrecipient must fulfill all responsibilities required under this Subaward including, but not limited to, completing the
closeout procedures identified in Subparagraph 9.21.2
(Closeout Reporting Requirements), implementing the
approved Transition Plan, and performing any other
requirement(s) that County deems as reasonably necessary to effectuate the successful transition of Program Services to another Service provider. County will not be unreasonable in its request(s).
9.14.2 Transition Plan
9.14.2.1 If this Subaward (or any part thereof) is terminated pursuant to any of the termination provisions outlined herein or if it expires pursuant to Paragraph 4.0 (Term of Subaward),
Subrecipient must provide a Transition Plan to County.
Subrecipient must submit said Transition Plan to County's Contract Manager within the timeframe designated by County in the notice of termination or Subrecipient must submit it at least sixty (60) days prior to the expiration of this Subaward as noted in Paragraph 4.0 (Term of Subaward).
9.14.2.2 County will review Subrecipient's Transition Plan and will determine whether it meets the requirements for County's approval. County reserves the right to suspend/deduct
payments under this Subaward and/or under any of
Subrecipient's other contracts with County when
Subrecipient submits a Transition Plan that is not acceptable to County. Subrecipient must adhere to the Transition Plan which, at a minimum, will include all of the elements outlined below.
9.14.3 Elements of the Transition Plan
9.14.3.1 Description of how Clients will be notified about the change in their Service provider.
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9.14.3.2 Subrecipient's method to communicate with other organizations that can assist in locating alternative Services.
9.14.3.3 Subrecipient's method to inform community referral sources of the pending termination of Services and what alternatives, if any, exist for future referrals.
9.14.3.4 Subrecipient's method to evaluate Clients in order to assure appropriate placement that will allow Clients to receive Services.
9.14.3.5 Subrecipient's method to transfer any confidential medical and Client records to the new subrecipient in accordance with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 or other Federal, State, or local laws and regulations.
9.14.3.6 Subrecipient's method to dispose of confidential records, which fall outside of the retention period noted in
Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement), in accordance with applicable laws and
regulations, and the terms of this Subaward.
9.14.3.7 Subrecipient's plan to ensure provision of adequate staff to provide continued care through the remaining term of this Subaward.
9.14.3.8 A fully documented inventory of all Fixed and Non-Fixed Assets as well as a method to dispose, transfer or return to County all Fixed and Non-Fixed Assets purchased with
Subaward Sums during the entire term of this Subaward.
9.14.3.9 Any additional information which may be necessary to affect a safe transition of Clients to other community service providers.
9.14.4 Implementation of the Transition Plan
9.14.4.1 Subrecipient must implement the Transition Plan that is approved by County. Subrecipient's failure to provide and/or implement the Transition Plan as prescribed herein will mean that County will provide Subrecipient a Transition Plan and Subrecipient will implement the Transition Plan provided by County. County will monitor Subrecipient's progress in
carrying out all elements of the Transition Plan.
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9.15 TRAVEL EXPENSES
9.15.1 Subrecipient must obtain prior written approval from County's Contract Manager for any expenses under this Subaward related to travel outside of Los Angeles County (out-of-town travel).
9.15.2 Subrecipient must maintain written documentation evidencing that all outof-town travel expenses are specifically related to providing Services under this Subaward, in conformity with the document retention requirements specified in Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement).
9.15.3 Subrecipient must ensure that no more than two (2) of its staff incur any out-of-town travel expenses at any time.
9.15.4 Subrecipient will not invoice County if out-of-town travel expenses are incurred without proper documentation evidencing County's prior written approval.
9.15.5 Subrecipient's non-compliance with the requirements of this Subparagraph 9.15 will result in these costs being disallowed, payments being withheld, or other remedy being applied as County will determine to be appropriate.
9.16 DRUG-FREE WORKPLACE
9.16.1 Subrecipient and any approved Lower Tier Subrecipient(s) must adhere to the requirements outlined in the California Drug-Free Workplace Act of 1990, as amended (California Government Code Section 8350 et seq.).
Subrecipient and any approved Lower Tier Subrecipient(s) must also adhere to the requirements outlined in the Federal Drug-Free Workplace Act of 1988, including its implementing regulations (Title 41 United States Code Section 701 et seq.). Subrecipient and any approved Lower Tier Subrecipient(s) must provide and maintain a drug-free workplace for all of their employees, and must have a documented anti-drug policy and a drug-free awareness program. Violation of or non-compliance with these requirements by Subrecipient, any approved Lower Tier Subrecipient or both will subject Subrecipient to remedies available under the terms of this Subaward. Such remedies will include suspending Subrecipient’s payments, placing Subrecipient on probation or suspension, terminating this Subaward or other available remedies which will be determined by County at County's sole discretion.
9.16.2 Subrecipient must provide a written drug-free workplace policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and stating the specific actions that will be taken for violations.
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9.16.3 The ongoing drug-free awareness program must inform employees about the following: the dangers of drug abuse; available drug counseling, rehabilitation, and employee assistance programs; penalties that may be imposed; and, that employees are to be aware that Subrecipient and any approved Lower Tier Subrecipient(s) operate a drug-free workplace.
9.16.4 Subrecipient must require its employees to report in writing any conviction for a violation of a criminal drug statute occurring in the workplace.
Subrecipient must provide written notice to County's Contract Manager within ten (10) days of having received such notice from employee(s).
Within thirty (30) days of receiving the notice of a conviction, Subrecipient must have taken appropriate action against the employee(s) or have required employee's participation in a drug abuse assistance or rehabilitation program.
9.17 INFORMATION TECHNOLOGY, SECURITY AND PRIVACY REQUIREMENTS
9.17.1 In the course of completing the Work and providing Services under this Subaward, Subrecipient must use any Information Technology Systems (ITS) as designated by County. This Subparagraph 9.17 and Exhibit K (Information Security and Privacy Requirements) set forth the requirements for the ITS which Subrecipient must use. This Subparagraph
9.17 and Exhibit K (Information Security and Privacy Requirements) also set forth the security procedures for these systems which Subrecipient must have in place by the effective date of this Subaward and which Subrecipient must maintain throughout the Subaward term. They present a minimum standard only. Subrecipient must implement appropriate administrative, physical, and technical measures to secure its systems and data to protect and ensure the privacy, confidentiality, integrity, and availability of County Information Assets (PSCI) as defined in Subparagraph 9.17.5 (County Information Assets) against internal and external threats, vulnerabilities, and risks. Subrecipient must also continuously review and revise those measures to address ongoing threats, vulnerabilities, and risks.
9.17.2 Subrecipient's failure to comply with the minimum standards set forth herein will constitute a material, non-curable breach of this Subaward, entitling County, in addition to and cumulative of all other remedies available to it at law, in equity, or under this Subaward, to immediately terminate this Subaward.
9.17.3 Information Technology Systems - Management Information System
9.17.3.1 Data Entry
9.17.3.1.1 County has implemented use of the
Management Information System (MIS), a
computerized database system that is used to
record and track Service delivery, Program data
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and Client information. Subrecipient must use
the MIS and all other systems identified by
County, including but not limited to State and
Federal programs, applications, software, etc.,
to report Program data as outlined herein and
as directed by County.
9.17.3.1.2 Subrecipient must ensure the accuracy and
authenticity of the number of eligible Client
Services provided each day. Subrecipient must
track, document, and report the actual date
when Services are rendered. Subrecipient must
complete direct data entry of the required
Program, Service delivery and Client data
(including but not limited to, the total number of
Clients served, the type and number of Services
provided to Client and the date(s) of Service)
into the MIS on the day when the Service(s) is
provided to Client and must ensure that Service
recording is accurate each day (i.e., to ensure
accurate reporting, Subrecipient must enter
Program, Service delivery, and Client data into
MIS on the day when the Service(s) is provided
to Client). Subrecipient must not back-date any
data and any attempts to do so may subject
Subrecipient to appropriate remedies as
determined by County at County's sole
discretion.
9.17.3.2 Data Records
9.17.3.2.1 Subrecipient's failure to submit the required MIS data within the time and manner as designated
by County may subject Subrecipient to
appropriate remedies as determined by County
at County's sole discretion. Remedies will
remain in effect until Subrecipient becomes
compliant. County will consider Subrecipient's
non-compliance during future funding
decisions.
9.17.3.2.2 Subrecipient must maintain all records and
reports, consistent with Subparagraph 8.38
(Record Retention, Inspection and Audit
Settlement), and must make them available for
audit, assessment, or inspection by County and
any of its duly authorized representatives
(including, but not limited to, State authorities,
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Federal agencies and/or any of their duly
authorized representatives).
9.17.3.2.3 All information, records, data elements and
printouts collected and maintained for the
operation of the Program and pertaining to
Clients (including paper and electronic data)
must be protected from unauthorized
disclosures in accordance with Subparagraph
7.6 (Confidentiality), California Welfare and
Institutions Code Section 10850, Title 45 Code
of Federal Regulations Part 205.50, California
Information Practices Act of 1977, and all other
applicable laws and regulations.
9.17.3.3 MIS Personnel
9.17.3.3.1 Subrecipient must assign an employee to have the primary responsibility for data entry into the
MIS. This employee will be the primary contact
person for data issues and problems. This
employee will also be assigned a password to
log-in and enter Program, Service delivery and
Client data. Subrecipient must designate a
secondary/back-up employee who can act on
behalf of the primary MIS employee contact in
the event of his or her absence. Subrecipient
must ensure that its users do not share their
user identification and password information.
9.17.3.3.2 Subrecipient must provide the names of
Subrecipient's primary and secondary MIS
employees using Exhibit E (Subrecipient's
Administration). Subrecipient must submit the
completed Exhibit E (Subrecipient's
Administration) in the time and manner as
directed by County. In the event of any changes
to the information provided in Exhibit E
(Subrecipient's Administration), Subrecipient
must update Exhibit E (Subrecipient's
Administration) and submit the revised
document to County within two (2) weeks of any
reassignment or substitution. Only those
Subrecipient employees who have been
designated by Subrecipient and assigned a
password by County will be allowed to access
the MIS system.
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9.17.3.3.3 Subrecipient must ensure that the primary and secondary MIS employees are properly trained
to operate the MIS and attend all MIS training
provided by County to ensure that MIS
operations are in compliance with all applicable
regulations.
9.17.4 County Information Assets
9.17.4.1 County Information Assets are PSCI and include (but are not limited to):
9.17.4.1.1 Information that is stored in hard copy or
electronic format and may include but is not
limited to the following: reports; notes; forms;
computers, laptops, cellphones, printers,
scanners; networks (LAN, WAN, WIFI) servers,
switches, routers; storage media, hard drives,
flash drives, cloud storage; data, applications,
databases; etc.
9.17.4.1.2 Information that is collected, transmitted and/or accessed in the administration of the Program
and in the provision of Services.
9.17.4.1.3 Personal Information as defined in California Civil Code Section 1798.29(g).
9.17.4.1.4 Protected Health Information as defined in
Health Insurance Portability and Accountability
Act of 1996.
9.17.4.1.5 Medical Information as defined in California Civil Code Section 56.05(j).
9.17.5 Data Destruction
9.17.5.1 When Subrecipient has maintained, processed, or stored County Information Assets, implied or expressed, and such County Information Assets are no longer required to be
retained by Subrecipient under this Subaward and applicable law, County will have sole authority to determine when
Subrecipient must destroy any such County Information
Assets as described herein. Subrecipient must only proceed with the destruction of County Information Assets (which may be stored on purchased, leased, or rented electronic storage equipment (e.g., printers, hard drives, etc.) and electronic devices (e.g., servers, workstations, etc.) that are
geographically located within Los Angeles County or external
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to Los Angeles County's boundaries) upon receiving written authorization from County.
9.17.5.2 Subrecipient must destroy such County Information Assets by:
9.17.5.2.1 Cross-cut shredding or otherwise destroying
paper, film, disk drives or other hard copy media
so that PSCI cannot be read or otherwise
reconstructed.
9.17.5.2.2 Clearing, purging or destroying electronic media containing PSCI consistent with National
Institute of Standards and Technology ("NIST")
Special Publication ("SP") 800-88 (Guidelines
for Media Sanitization) which is available on-line
at: http://csrc.nist.gov/publications/draftpubs#SP-800-88-Rev._%201 and United States Department of Defense 5220.22-M data
sanitization and clearing directive such that the
PSCI cannot be retrieved.
9.17.5.3 Subrecipient will have the sole responsibility to certify that the County Information Assets have been appropriately
destroyed consistent with the requirements outlined herein.
9.17.5.4 Subrecipient must provide County with written certification validating that any and all County Information Assets were placed in one (1) or more of the following stored states:
unusable, unreadable and/or indecipherable. Subrecipient must submit such certification to County's Contract Manager no later than ten (10) days after the occurrence of this event.
9.17.5.5 Lower Tier Subrecipient must provide County with written certification validating that any and all County Information Assets were destroyed and are in one (1) or more of the following states: unusable, unreadable and/or
undecipherable. Lower Tier Subrecipient must submit such certification to County's Contract Manager no later than ten (10) days after the removal of any electronic storage
equipment and devices and the destruction of the County Information Assets.
9.17.6 Encryption on Workstations and Portable Computing Devices
9.17.6.1 Subrecipient and any approved Lower Tier Subrecipient must use software and/or hardware encryption methods for
confidential County Information Assets stored on all
electronic media in accordance with the following standards:
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9.17.6.1.1 Federal Information Processing Standard
Publication ("FIPS") 140-2.
9.17.6.1.2 NIST SP 800-57 (Recommendation for Key
Management - Part 1: General (Revision 3).
9.17.6.1.3 NIST SP 800-57 (Recommendation for Key
Management - Part 2: Best Practices for Key
Management Organization).
9.17.6.1.4 NIST SP 800-111 (Guide to Storage Encryption Technologies for End User Devices).
9.17.6.1.5 At a minimum, Subrecipient must use Advanced Encryption Standard ("AES") with cipher
strength of 256-bit
9.17.6.1.6 Prior to use of remote servers (e.g., cloud
storage, Software-as-a-Service (SaaS), etc.) for
storage of County Information Assets,
Subrecipient must obtain written approval from
County's Contract Manager.
9.17.6.2 Subrecipient and any approved Lower Tier Subrecipient must use software and/or hardware encryption methods for
transmitted (i.e., through network transmission) confidential County Information Assets in accordance with the following standards:
9.17.6.2.1 NIST SP 800-52 (Guidelines for the Selection and Use of Transport Layer Security
Implementations).
9.17.6.2.2 NIST SP 800-57 (Recommendation for Key
Management - Part 3: Application-Specific Key
Management Guidance).
9.17.6.3 Subrecipient and any approved Lower Tier Subrecipient must have operational policies, procedures and practices which protect County Information Assets (PSCI) as specified in the State Administrative Manual Sections 5300 to 5365.3;
California Government Code Section 11019.9; Department of General Services Management Memo (MM 06-12);
Department of Finance Budget Letter (06-34); California Department of Aging Program Memorandum (PM 07-18(P));
Statewide Health Information Policy Manual; and, County's Board Policy Number 5.200 (Contractor Protection of
Electronic County Information).
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9.17.6.4 Subrecipient and any approved Lower Tier Subrecipient must encrypt PSCI which are stored on all electronic media
(including workstations, portable computing devices
(including, but not limited to, workstations, servers, mobile devices, wearables, tablets, laptops, personal digital
assistants, notebook computers, and backup media) and/or portable electronic storage media (including, but not limited to, discs, thumb/flash drives, external/portable hard drives, and backup media)).
9.17.6.5 Subrecipient must certify its compliance with the encryption standards noted herein as a condition of executing this Subaward. Subrecipient provide such certification by
completing and submitting Exhibit O (Subrecipient's
Compliance with Encryption Requirements) in the form and manner as determined by County. Subrecipient must
maintain compliance with this policy during the term of this Subaward and for as long as Subrecipient maintains or is in possession of County Information Assets. In addition to the foregoing certification, Subrecipient must maintain any validation/attestation reports that the data encryption product generates, and such reports will be subject to audit in accordance with the requirements outlined in Subparagraph
8.38 (Record Retention, Inspection and Audit Settlement). In the event of Subrecipient's non-compliance with these
requirements, County will require Subrecipient to develop and execute a corrective action plan. Subrecipient's failure to comply with this policy may subject Subrecipient to
suspension or termination of this Subaward, denial of access to County information technology resources and/or other remedies which are deemed appropriate by County.
9.17.7 Software Maintenance and Operational Management
9.17.7.1 Subrecipient must deploy up-to-date anti-virus software with current definitions on all computer systems on which County Information Assets are stored and/or transmitted.
9.17.7.2 Subrecipient and any approved Lower Tier Subrecipient must ensure that all security patches, software updates/upgrades, etc. are applied in a timely manner to all computer systems on which County Information Assets are stored, accessed and/or transmitted.
9.17.7.3 Subrecipient must deploy adequate back-up facilities to ensure that its essential business information can be
promptly recovered in the event of a disaster or media failure.
9.17.8 Security Incident Reporting
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9.17.8.1 A security incident occurs when County Information Assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization or are lost or stolen. A security incident includes (but is not limited to) instances in which Subrecipient employees access
systems in excess of their user rights or use the systems inappropriately, data is breached, etc. Subrecipient and any approved Lower Tier Subrecipient must comply with
California Department of Aging's security incident reporting procedure which is available online at
http://www.aging.ca.gov/ProgramsProviders/#Resources.
9.17.8.2 Notification of Security Breach to County
9.17.8.2.1 Subrecipient must immediately report all
security incidents to County's Program Manager
but in no event must the report be made more
than two (2) business days after its detection.
Subrecipient must initiate the contact by
telephone and followed by written letter of any
potential or actual security attacks or security
incidents.
9.17.8.2.2 Subrecipient's notification of the security
incident must include the approximate date and
time of its occurrence and a summary of the
relevant facts, including a description of
measures being taken to address the
occurrence.
9.17.8.3 Notification of Security Breach to Clients
9.17.8.3.1 Subrecipient and any approved Lower Tier
Subrecipient must give written notice to any
Client or data subject whose PSCI may have
been breached in accordance with HIPAA, the
Information Practices Act of 1977, and State
policy.
9.17.9 Electronic Backups
9.17.9.1 Subrecipient and any approved Lower Tier Subrecipient must ensure that all electronic County Information Assets are protected by performing regular backups of automated files and databases, and ensure the availability of County
Information Assets for continued business. Subrecipient and any approved Lower Tier Subrecipient must ensure that all data, files, and backup files are encrypted.
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9.17.10 Subrecipient must ensure that any approved Lower Tier Subrecipient(s) adheres to all of the provisions included in this Subparagraph 9.17 and Exhibit K (Information Security and Privacy Requirements).
9.18 REMEDIES FOR NON-COMPLIANCE
9.18.1 Subrecipient agrees to comply with the requirements set forth in the entirety of this Subaward as well as the requirements contained in supporting Program legislation and all applicable directives, Program memoranda, notices, guidelines, and instructions issued by or on behalf of Federal, State or County authorities. Subrecipient's failure to comply with such requirements will subject Subrecipient to remedies which are available under this Subaward and as provided by law. These remedies include but are not limited to the following: probation; suspension of payment(s); suspension of Services; assessment and collection of liquidated damages; de-obligation of Subaward Sums (for purposes of this Subaward, de-obligation is the partial or full removal of Subaward Sums from Subrecipient); re-obligation of Subaward Sums (for purposes of this Subaward, re-obligation is the allocation of de-obligated Subaward Sums to another current subrecipient(s) and/or to a new subrecipient); debarment; and/or termination of this Subaward. County will have the sole discretion to determine which remedy(ies) will be applied as a result of Subrecipient's non-compliance.
9.19 PAYMENT AND PERFORMANCE GUARANTIES
9.19.1 Throughout the entire term of this Subaward, including the original term and any renewals or extensions thereto, County, at its sole discretion, reserves the right to require Subrecipient to provide a Payment Guaranty, Performance Guaranty, or both ("Guaranty(ies)") in the amount and form as directed by County. County will determine whether or not Subrecipient will be required to obtain a Guaranty(ies) when Subrecipient's performance under this Subaward reveals potential liability to County in an aggregate amount of twenty-five thousand dollars ($25,000) or more resulting from, but not limited to, the following incidents: disallowed costs, unsubstantiated costs, non-payment of Lower Tier Subrecipients, etc. (i.e., if County determines that Subrecipient has disallowed costs, unsubstantiated costs, non-payment of Lower Tier Subrecipients, etc. which total twenty-five thousand dollars ($25,000) or more in potential liability when added together then County will require Subrecipient to obtain a Payment Guaranty, Performance Guaranty or both).
9.19.2 Payment Guaranty
9.19.2.1 The Payment Guaranty is Subrecipient's surety/guarantee to County that Subrecipient will meet its obligations to faithfully pay any approved Lower Tier Subrecipients in a manner that is timely, satisfactory, and acceptable to County, as
determined by County at its sole discretion. The purpose of
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the Payment Guaranty is to provide all Lower Tier
Subrecipients who supply labor, materials, services, etc. to Subrecipient a recourse if they do not get paid by
Subrecipient. In such case, the Payment Guaranty allows Lower Tier Subrecipient to file a claim with the surety company that issued the Guaranty in the event that
Subrecipient does not reimburse the Lower Tier Subrecipient for goods and/or services provided by Lower Tier
Subrecipient.
9.19.2.2 Subrecipient acknowledges that County may also make a determination that Subrecipient's non-payment of any
approved Lower Tier Subrecipients is a violation of the terms and conditions of this Subaward which may subject
Subrecipient to obtain both the Payment Guaranty and
Performance Guaranty.
9.19.2.3 The Payment Guaranty must only take the form of a surety bond. More information concerning surety bonds and
companies may be obtained from the Surety Association of America (www.surety.org), the Surety Information Office (www.sio.org), state insurance departments, the U.S. Small Business Administration and U.S. Department of the
Treasury.
9.19.2.4 The Payment Guaranty must be executed by a corporate surety which is licensed to transact business as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by County.
9.19.3 Performance Guaranty
9.19.3.1 The Performance Guaranty is Subrecipient's
surety/guarantee to County that Subrecipient will meet its obligations to perform the terms and conditions of the
resulting Subaward. The purpose of the Performance
Guaranty is to provide County a recourse to recover
Subaward monies which would otherwise be lost due to
Subrecipient's negligent actions. This Performance Guaranty will provide for the payment of monies to County for
transactions which are incurred by Subrecipient, including but not limited to: liquidated damages, late penalty payments, County's reimbursement, etc. County's determination to
require Subrecipient to obtain the Performance Guaranty would occur after the resolution process has been completed and "questioned costs" have been determined to be
unsubstantiated costs, disallowed costs, etc.
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9.19.3.2 The Performance Guaranty will take any of the following forms:
9.19.3.2.1 Surety Bond: More information concerning
surety bonds and companies may be obtained
from the Surety Association of America
(www.surety.org), the Surety Information Office
(www.sio.org), state insurance departments, the
U.S. Small Business Administration and U.S.
Department of the Treasury. The performance
guaranty may not allow the bond surety to
substitute another person to perform Services.
9.19.3.2.2 Letter of Credit: Refer to Exhibit N (Criteria and Standards for Letters of Credit and Certificates
of Deposit) for information.
9.19.3.2.3 Certified Check or Certificate of Deposit: This form of Guaranty must list/identify County of Los
Angeles as an authorized party that can
withdraw on the account. Refer to Exhibit N
(Criteria and Standards for Letters of Credit and
Certificates of Deposit) for additional
information on the certificate of deposit.
9.19.3.2.4 Cash
9.19.3.3 The Performance Guaranty must be executed by a corporate surety which is licensed to transact business as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by County.
9.19.4 When County determines that Subrecipient must obtain and maintain a Guaranty(ies), County will inform Subrecipient of this requirement and will provide Subrecipient at least fifteen (15) days to comply with County's determination. Once Subrecipient has obtained the required Guaranty(ies), County will re-evaluate the need for Subrecipient to continue maintaining the Guaranty(ies) for any subsequent Fiscal Year of the Subaward term.
9.19.5 The costs to obtain and maintain the Guaranty(ies) are potentially allowable and reimbursable under the terms of this Subaward. However, no additional funding will be allocated to the Subaward Sums in order for Subrecipient to pay for these costs. If Subrecipient intends to use existing Subaward Sums to offset the costs of the Guaranty(ies), this action requires a redistribution of Subaward Sums which will be initiated through a budget modification. This budget modification must be completed and submitted by Subrecipient for approval by County as noted in Subparagraph 9.9.2 (Budget Modifications). Prior to submitting this budget
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modification, Subrecipient will ensure that it will be able to adhere to all other required tasks, performance measures and other duties of this Subaward even after the Subaward Sums are redistributed (i.e., Subrecipient must continue to provide the required level of Services which would include the Guaranty(ies) for the same level of funding).
9.20 SUBAWARD DOCUMENT DELIVERABLES
9.20.1 Prior to the execution of this Subaward and throughout the entire term of this Subaward, Subrecipient must obtain and maintain current and appropriate licenses, permits and certificates which are required by all applicable County, State and/or Federal laws, regulations, guidelines, Program memoranda and directives for the operation of its facility(ies) and for the provision of Services hereunder. Prior to the execution of this Subaward and annually thereafter (or as otherwise established by County), Subrecipient must submit evidence/documentation (Subaward Document Deliverables) of its compliance with this requirement in the form and manner that is prescribed by County. Subrecipient must provide to County's Contract Manager, by the deadline imposed by County, current copies of these deliverables which must be complete (without missing pages) and legible, and will include:
9.20.1.1 Subaward Compliance Documents (as described in Subparagraph 9.20.3)
9.20.1.2 Business Forms (as described in Subparagraph 9.20.4)
9.20.1.3 Reporting Documents (as described in Subparagraph 9.20.5)
9.20.1.4 Other Documents: During the term of this Subaward, County or its designee(s) may request from time-to-time additional documents from Subrecipient, and Subrecipient must adhere to County's request for such documents.
9.20.2 Subrecipient must submit copies of all new or renewed licenses, permits, and certificates to County's Contract Manager within five (5) business days of the license, permit or certification award or renewal. Subrecipient must immediately notify County of any lapses or expirations of these items.
Subrecipient's failure to maintain and/or timely submit documents required or requested by County may result in County imposing remedies as determined by County in its sole discretion.
9.20.3 Subaward Compliance Documents
9.20.3.1 Business License
9.20.3.1.1 When the local governing authority requires
Subrecipient's organization to obtain a license
to operate and conduct business within its local
governing authority's jurisdiction, Subrecipient
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SUBAWARD NUMBER ENP242509
must obtain such license to perform the
Services outlined in this Subaward. The local
governing authority may be either the local city
government for entities doing business within its
city limits or County of Los Angeles for entities
located outside of city limits (i.e., unincorporated
areas or designated cities). Subrecipient must
ensure that the license is current throughout the
entire term of this Subaward. Subrecipient must
provide a current copy of its license to County
annually (or upon expiration, as noted on the
license).
9.20.3.2 Certificate of Insurance
9.20.3.2.1 The certificate must evidence Subrecipient's compliance with the insurance requirements
outlined in Subparagraph 8.24 (General
Provisions for all Insurance Coverage) and
Subparagraph 8.25 (Insurance Coverage).
Subrecipient must also provide copies of the
certificate of insurance as it relates to any
approved Lower Tier Subrecipient(s).
9.20.3.3 Fire Department Inspection Report
9.20.3.3.1 For each Service site that Client will visit, Subrecipient must obtain a fire inspection of its
facility(ies). The inspection must be conducted
by the Los Angeles County Fire Department or
by Subrecipient’s local fire department.
Subrecipient must obtain a written report of the
inspection which must be provided to County at
the beginning of the first Fiscal Year or Program
Year of this Subaward, or upon the opening of
each new Service site. In the event that
violations are noted on the inspection report,
Subrecipient must ensure that it complies with
all corrective measures as directed by the fire
department. Subrecipient must provide to
County written evidence of its compliance within
five (5) days of receiving the evidence from the
fire department. The fire inspection report must
be current within the most recent twelve (12)
month period. Subrecipient is responsible for
knowing and understanding their local fire
department requirements and guidelines and
must ensure ongoing compliance with fire
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SUBAWARD NUMBER ENP242509
inspection pursuant to local ordinances and
regulations.
9.20.3.4 Public Health Permit
9.20.3.4.1 For every Service site where Contractor
provides Services that require a Permit issued
by County of Los Angeles Department of Public
Health, Subrecipient must provide a current
copy of such permit annually (or upon expiration,
as noted on the permit).
9.20.3.5 Health Department Inspection Report
9.20.3.5.1 For each Service site where Contractor
provides Services that require an inspection by
County of Los Angeles Department of Public
Health (such as a central kitchen, Congregate
Meal Site, etc.), Subrecipient must annually
provide a current copy of such inspection report
(report must be current within the most recent
twelve (12) month period). In the event that
violations are noted on the report, Contractor
shall ensure that it complies with all corrective
measures as directed by the Department of
Public Health. Subrecipient must provide to
County written evidence of its compliance within
five (5) days of receiving the evidence from
Public Health.
9.20.3.6 Vehicle Smog Certification
9.20.3.6.1 For each vehicle(s) purchased with the
Subaward Sum(s) under this Subaward and/or
under a Predecessor Agreement that is used in
the operation of the Program (i.e., Countyowned vehicle(s)), Subrecipient must ensure that such vehicle(s) undergo a certified smog
inspection as required under applicable State
and Los Angeles County laws. Subrecipient
must receive evidence of a passing inspection
(i.e., smog certificate) for each vehicle and shall
submit a copy of the smog certificate to County's
Contract Manager on an annual basis in the
manner and timeframe designated by County.
When the vehicle(s) is not required to undergo
a smog inspection during any year, Subrecipient
must provide evidence (copy of vehicle
registration, etc.) indicating that the inspection is
not warranted for the specified year.
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9.20.4 Business Forms
9.20.4.1 Articles of Incorporation
9.20.4.1.1 This document, which evidences the legal
formation of Subrecipient's organization, must
reflect Subrecipient's current legal name; and
County will use this document as verification of
Subrecipient's name. In the event there are any
amendments or addendums to the articles of
incorporation, Subrecipient must provide copies
of such amendments/addendums to County
within five (5) days of said
amendments/addendums being finalized.
9.20.4.1.2 When Subrecipient's organization is a local
government or a consortium of local
governments, Subrecipient must provide either
a city charter or a joint powers agreement
respectively, in lieu of the articles of
incorporation.
9.20.4.2 Board of Directors' Resolution
9.20.4.2.1 A resolution from Subrecipient's Board of
Directors, which evidences Authorized
Representative's authority to act on behalf of
Subrecipient in matters related to this Subaward
(Subparagraph 8.3.3 (Board of Directors'
Resolution)). Subrecipient must submit its
Board of Directors' resolution in the time and
manner as designated by County.
9.20.4.3 Board of Directors Roster
9.20.4.3.1 The roster must include the individuals who
comprise Subrecipient's Board of Directors. In
the event that the roster is updated,
Subrecipient must provide an updated roster to
County within five (5) days of it being approved
or finalized.
9.20.4.4 Bylaws
9.20.4.4.1 This document must reflect the internal rules which govern Subrecipient's organization.
These rules are generally concerned with the
operation of the organization, and setting out
the form, manner, or procedure in which the
organization should operate. In the event that
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SUBAWARD NUMBER ENP242509
the bylaws are amended, Subrecipient must
provide such amendments to County within five
(5) days of them being approved.
9.20.4.5 Complaint Policies and Procedures
9.20.4.5.1 Subrecipient's policies and procedures for
receiving, investigating, and responding to
Client complaints must be prepared and
submitted to County pursuant to the
requirements outlined in Subparagraph 8.5
(Complaints).
9.20.4.6 Organization Chart
9.20.4.6.1 The chart must provide an outline of the
hierarchy, relationships, and relative ranks of
Subrecipient's organizational parts and
positions/jobs as it related to the operations of
this Subaward. In the event that Subrecipient
revises its organization chart, a copy must be
provided to County within five (5) days of any
change in its organization chart.
9.20.4.7 Lower Tier Subaward
9.20.4.7.1 This executed third-party agreement (as defined in Subparagraph 8.40 (Lower Tier Subaward))
and any amendments or addendums thereto,
must be provided to County within five (5) days
of the execution of that agreement,amendment
and addendum.
9.20.4.8 Tax Exempt Status Letter
9.20.4.8.1 Written documentation that is obtained from the Internal Revenue Service as evidence of
Subrecipient's tax exempt status. When
Subrecipient is a non-profit entity, such
evidence must reflect Subrecipient's tax exempt
status. In the event Subrecipient's tax exempt
status changes, Subrecipient must provide
County a copy of its new status within five (5)
days of any change in its tax-exempt status.
9.20.5 Reporting Documents
9.20.5.1 Cost Allocation Plan
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SUBAWARD NUMBER ENP242509
9.20.5.1.1 This Plan must adhere to the requirements
outlined in Subparagraph 9.21.1 (Cost
Allocation Plan for Cost Reimbursement
Activities).
9.20.5.2 Closeout Report
9.20.5.2.1 This report must adhere to the requirements
outlined in Subparagraph 9.21.2 (Closeout
Reporting Requirements).
9.20.5.3 Other Reporting Documents
9.20.5.3.1 From time-to-time, County or its designee(s) may request other documents relating to
Subrecipient's performance, Work, and/or
Services under this Subaward. County will not
be unreasonable in its request and Subrecipient
must adhere to County's request for such
documents.
9.21 FISCAL REPORTING REQUIREMENTS
9.21.1 Cost Allocation Plan for Cost Reimbursement Activities
9.21.1.1 Subrecipient acknowledges that as a condition of receiving this Subaward, Subrecipient must submit its organizationwide Cost Allocation Plan to County no later than sixty (60) days after the start date of the Subaward term. This Cost Allocation Plan is included herein by reference.
9.21.1.2 The Cost Allocation Plan must adhere to the requirements outlined in the following: County directives (including but not limited to AD directive CCD-18-01 (Cost Allocation and
Indirect Cost Requirements for AD Subawards)) which may be obtained at Cost-Allocation-and-Indirect-CostRequirements-CCD-18-01-043024.pdf (lacounty.gov) , Exhibit Q (Accounting, Administration and Reporting
Requirements), Title 45 Code of Federal Regulations Part 75 et seq. and Title 2 Code of Federal Regulations Part 200 et seq. At a minimum, the Plan must include the following
information:
9.21.1.2.1 Description of Subrecipient's organization (i.e., non-profit, for-profit, public/government, etc.).
9.21.1.2.2 Description of Subrecipient's general
accounting policies, including its basis of
accounting.
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9.21.1.2.3 List of all the funded programs.
9.21.1.2.4 An organizational chart that identifies the
various services and/or functions for each unit.
9.21.1.2.5 A detailed listing of all shared and pooled direct and indirect costs that will be allocated.
9.21.1.2.6 Identification of the Subaward year term for any information/documentation related to the Plan.
9.21.1.2.7 A thorough description of the methods used to allocate all shared or pooled direct or indirect
costs and the auditable documentation for
supporting each basis for allocation.
9.21.1.3 Every cost included in the Cost Allocation Plan must be supported by formal, documented accounting records, and the basis for its distribution must be calculated by actual usage (e.g., time distribution, number of Clients served, square footage, etc.) - arbitrary percentages or estimates are not allowed.
9.21.1.4 In order to certify the accuracy of the Cost Allocation Plan, Subrecipient must sign the Cost Allocation Plan and any revisions made thereto.
9.21.1.5 By May 1 of each Subaward year after the first Subaward year in a multi-year term (or upon extension of the term as provided in Paragraph 4.0 (Term of Subaward), Subrecipient must submit written confirmation that its Cost Allocation Plan methodology described in Subparagraph 9.21.1.2.7 will
remain in effect throughout the following Subaward year. In the event that this Cost Allocation Plan methodology must be revised for the following Subaward year then Subrecipient must submit the revised methodology to County's
Compliance Manager by May 1 of the current Subaward year.
The Cost Allocation Plan methodology may only be revised once during any Subaward year.
9.21.1.6 In the event that the information provided in the Cost Allocation Plan as it relates to Subparagraphs 9.21.1.2.1 -
9.21.1.2.6 must be revised at any time during the Subaward term then Subrecipient must submit the revisions to County's Compliance Manager within thirty (30) days of completing the revisions.
9.21.1.7 Upon receipt of the revisions made to Subrecipient's Cost Allocation Plan, County will review these revisions. Neither Subrecipient's submission of these revisions to its Cost
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SUBAWARD NUMBER ENP242509
Allocation Plan nor County's receipt of these revisions to Subrecipient's Cost Allocation Plan will constitute County's acceptance or approval of the Cost Allocation Plan revisions.
County reserves the right to either accept or reject any revision(s) to the Cost Allocation Plan that County deems is unacceptable. County will notify Subrecipient in writing whether the revisions are approved or rejected. Upon
rejection of the revisions, Subrecipient must take the required actions needed to correct its revisions. Subrecipient's failure to adhere to County's requirements will subject Subrecipient to remedies available under this Subaward.
9.21.2 Closeout Reporting Requirements
9.21.2.1 The closeout is a process that takes place upon the expiration or termination of the period in which Program Services are provided which includes the end of the
Subaward term, the end of the Fiscal Year or any other period when the Subaward is terminated. The purpose of closeout is to ensure that final reports are received and evaluated, allowable costs are determined and amounts due to either County or to Subrecipient are determined and payment
arrangements made.
9.21.2.2 Subrecipient must complete and submit a mandatory Closeout Report in the form and manner designated by
County. The Closeout Report must include the reporting of expenses and accruals incurred through the last day of the Fiscal Year or Program Year. County will notify Subrecipient of the deadline for submission of the Closeout Report.
9.21.2.3 Subrecipient must ensure that all invoices are submitted and finalized prior to the submission of its Closeout Report.
County will not pay invoices that are received after
Subrecipient has submitted the Closeout Report. Once
County has reviewed and accepted Subrecipient's Closeout Report, the data reflected on the Closeout Report will be reported to State as final. Any subsequent revisions will require the written signature and authorization of Authorized Representative.
9.21.2.4 If this Subaward is terminated or cancelled prior to June 30th of any Fiscal Year, the Closeout Report will be for that Subaward period which ends on the termination or
cancellation date. Subrecipient must submit the Closeout Report after the termination/cancellation date in the manner and timeframe designated by County.
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9.21.2.5 At the end of the funding cycle/during the closeout, Subrecipient must ensure that all of the following items match:
9.21.2.5.1 The Subaward Sum allocated by line items on
Subrecipient's final approved Budget(s), where
the Subaward Sum is the funding allocated for
any Fiscal Year under this Subaward and it is
distributed using the line items/cost categories
reflected in Subrecipient's final approved
Budget(s).
9.21.2.5.2 The Grant Share, which is allocated by line
items on Subrecipient's Closeout Report, where
the Grant Share is the actual Subaward Sum
that Subrecipient has budgeted by line
items/cost categories on its organization's
accounting/fiscal records (i.e., general ledgers,
etc.).
9.21.2.5.3 The Amount Received by line item as reported on Subrecipient's Closeout Report, where the
Amount Received is the actual Subaward Sum
reimbursed to Subrecipient for its line items.
9.21.2.6 In the event that the line item amounts reflected as the Subaward Sum on the final approved Budget(s), the Grant Share on the Closeout, and the Amount Received on the
Closeout do not match at the time of closeout, for purposes of the closeout only, County will allow a maximum of ten percent (10%) variance between the Subaward Sum and
Grant Share (specifically, the variance between the
Subaward Sum line items reported on the final approved
Budget(s) and the Grant Share line items reported on the Closeout Report).
9.21.2.6.1 For example, during the closeout, if the line item, Space, reflects a Subaward Sum of $100 on the
final approved Budget(s) then the Grant Share
amount reflected on the Closeout Report for
Space will be $100, and the Amount Received
reflected on the Closeout Report for Space will
be $100. Alternatively, if the Subaward Sum for
Space is reflected on the final approved
Budget(s) as $100 but the Grant Share for
Space is reflected on the Closeout Report as
$95, and the Amount Received for Space is
reflected on the Closeout Report as $95 then
the $5 variance (which is five percent (5%) of
the Subaward Sum amount for the Space line
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SUBAWARD NUMBER ENP242509
item) is within the allowable ten percent (10%)
variance.
9.21.2.7 Subrecipient must ensure that the total Grant Share and the total Amount Received, which are reflected on the Closeout Report, do not exceed the total Subaward Sum reflected on the final approved Budget(s).
9.21.3 Program Income Requirements
9.21.3.1 Program Income includes, but is not limited to:
9.21.3.1.1 Voluntary contributions received from Client or other party for Services received.
9.21.3.1.2 Income from usage or rental fees of real or
personal property acquired with Subaward
Sums.
9.21.3.1.3 Royalties received on patents and copyrights from Subaward-supported activities.
9.21.3.1.4 Proceeds from the sale of items created under this Subaward.
9.21.3.2 Subrecipient must adhere to the Program Income requirements outlined herein and in Title 45 Code of Federal Regulations Part 75 et seq. and Title 2 Code of Federal Regulations Part 200 et seq.
9.21.3.3 Subrecipient must use Program Income to expand baseline Program Services.
9.21.3.4 Subrecipient must report Program Income in Budget exhibit(s) and must expend Program Income under the same terms and conditions as the Subaward Sums from which it is generated.
The use of Program Income is restricted to the funding
source or Service that was provided and contributed towards.
9.21.3.5 Program Income must be used to pay for current allowable Program costs in the same Fiscal Year or Program Year that the Program Income is earned. If Program Income is earned in excess of the amount reported in Budget exhibit(s) then County will recapture the balance of the unexpended
Program Income or pursue any other remedies available to County under this Subaward.
9.21.3.6 Subrecipient will not use Program Income to meet the match contribution requirement of this Subaward.
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SUBAWARD NUMBER ENP242509
9.21.3.7 Subrecipient will provide a disposition of all Program Income received and expended as part of the Closeout reporting process in the form, manner and timeline as designated by County.
9.22 UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM)
9.22.1 Pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) and Title 2 Code of Federal Regulations Part 25, Subrecipient will be responsible for obtaining and maintaining a Universal Identifier. The Universal Identifier is a Unique Entity ID (UEI) comprised of a unique twelve-character alpha numeric identification number assigned by SAM and is site-specific. Therefore, each distinct physical location of Subrecipient's organization (such as branches, divisions, and headquarters) will have its own, UEI number. Subrecipient may register for a UEI number at https://sam.gov/content/entityregistration. Subrecipient must comply with the requirements outlined in this Subparagraph 9.22.
9.22.2 Subrecipient must provide a valid UEI number using Exhibit E (Subrecipient's Administration) and must submit the completed Exhibit E (Subrecipient's Administration) in the time and manner as directed by County. Subrecipient must register the UEI number and maintain an "Active" status within the federal System for Award Management available online at https://sam.gov/content/status-tracker. If County cannot access or verify "Active" status for Subrecipient's UEI information, which is related to this Subaward on the Federal Funding Accountability and Transparency Act Subaward Reporting System, County will notify Subrecipient and Subrecipient must immediately update the information as required.
9.22.3 Subrecipient's failure to adhere to applicable UEI and SAM requirements may result in County imposing remedies as determined by County in its sole discretion.
9.23 UNUSUAL OCCURRENCES AND CRIME
9.23.1 Unusual occurrences such as natural disasters (including earthquakes, floods, landslides, wildfires, extreme heat/cold), man-made emergencies (such as epidemic outbreaks, bio-terrorism, food-borne illness, fire, major accidents, death from unnatural causes or other catastrophes), and unusual occurrences which threaten the welfare, safety or health of Clients, Subrecipient personnel or visitors to Subrecipient's facility(ies) must be reported by Subrecipient within twenty-four (24) hours to the local health officer by telephone and in writing, and to County by telephone and also in writing or by email.
9.23.2 Crime related occurrences, such as theft or vandalism, must be reported by Subrecipient within twenty-four (24) hours to the local police or sheriff by filing a police report and to County by telephone, and in writing or by
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SUBAWARD NUMBER ENP242509
email. Subrecipient must also prepare and retain an incident report on file, and must include a copy of the filed police report.
9.23.3 Subrecipient must maintain all incident reports in a manner consistent with Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement).
Subrecipient must furnish such other pertinent information related to such occurrence as the local authorities and/or County may require.
9.24 FEMA PROVISIONS
9.24.1 In the event of an emergency (defined as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services) and Federal Emergency Management Agency (FEMA) funds are made available under this Subaward, Subrecipient must comply with all requirements outlined in Exhibit M (FEMA Provisions).
Subrecipient must complete the Lobbyist Certification attached to this Exhibit and submit it to County's Contract Manager in the time and manner as designated by County.
9.25 INTENTIONALLY OMITTED
9.26 REDUCING SINGLE-USE PLASTICS
9.26.1 Reduce Single Use Plastics
9.26.1.1 Subrecipient a acknowledges that County places a high priority on the implementation of Board Policy 3.185, Reduce Single-Use Plastics, and must eliminate the use of single-use plastic in County facilities as required by Board Policy 3.185.
9.26.2 Procurement Data Reporting
9.26.2.1 Subrecipient will keep a monthly record of purchases of single-use products including product type, brand name, quantity purchased, and unit cost. Data will be provided to the County’s Project Monitor along with other regular reports and be available upon request.
10.0 SURVIVAL
10.1 In addition to any terms and conditions of this Subaward that expressly survive expiration or termination of this Subaward by their terms, the following provisions shall survive the expiration or termination of this Subaward for any reason:
Paragraph 1 (Applicable Documents)
Paragraph 2 (Definitions and Headings)
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SUBAWARD NUMBER ENP242509
Paragraph 3 (Work)
Subparagraph 5.4 (No Payment for Services Provided Following Expiration or Termination of Subaward)
Subparagraph 7.6 (Confidentiality)
Subparagraph 8.1 (Amendments)
Subparagraph 8.2 (Assignment and Delegation/Mergers or Acquisitions) Subparagraph 8.6.2 (Compliance with Applicable Laws)
Subparagraph 8.19 (Fair Labor Standards)
Subparagraph 8.20 (Force Majeure)
Subparagraph 8.21 (Governing Law, Jurisdiction, and Venue) Subparagraph 8.23 (Indemnification)
Subparagraph 8.24 (General Provisions for all Insurance Coverage) Subparagraph 8.25 (Insurance Coverage)
Subparagraph 8.26 (Liquidated Damages)
Subparagraph 8.34 (Notices)
Subparagraph 8.38 (Record Retention and Inspection and Audit Settlement) Subparagraph 8.42 (Termination for Convenience)
Subparagraph 8.43 (Termination for Default)
Subparagraph 8.48 (Validity)
Subparagraph 8.49 (Wavier)
Subparagraph 8.58 (Prohibition from Participation in Future Solicitation(s)) Subparagraph 8.60 (Campaign Contribution Prohibition Following Final Decision in Contract Proceeding)
Subparagraph 9.11 (Ownership of Materials, Software and Copyright) Subparagraph 9.12 (Patent, Copyright and Trade Secret Indemnification) Paragraph 10.0 (Survival)
//
//
//
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SUBAWARD NUMBER ENP242509
IN WITNESS WHEREOF, Subrecipient has executed this Subaward or caused it to be duly executed, and the County of Los Angeles, by order of its Board, has caused this Subaward to be executed on its behalf by the Director of Aging and Disabilities Department, on the day, month and year first above written. The person(s) signing on behalf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Subrecipient. Subrecipient and County acknowledge that this Subaward will not be deemed to be active until such time that the document is executed by the respective authorized representatives of both Subrecipient and County.
COUNTY OF LOS ANGELES
By
Dr. Laura Trejo, Director Date
County of Los Angeles
Aging and Disabilities Department
SUBRECIPIENT
City of South El Monte
Subrecipient’s Legal Name
ENP242509
Subaward Number
By
Name of Authorized Date
Representative
Title
Approved as to Form:
Signature
OFFICE OF COUNTY COUNSEL
Dawyn R. Harrison, County Counsel
By
Name of Authorized Date
By Representative
Lawrence M. Green
Senior Deputy County Counsel
Title
Signature
BOARD OF SUPERVISORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
EXECUTIVE LEADERSHIP
Dr. Laura Trejo
Director
Lorenza C. Sánchez
Chief Deputy Director
Mike Tsao
Administrative Deputy II
Anna Avdalyan
Assistant Director
Winna S. Crichlow
Assistant Director
Jerrell D. Griffin
Acting Assistant Director
Ivan Pacheco
Chief Information Officer
GET IN TOUCH
510 S. Vermont Avenue, Suite 1100
Los Angeles, CA 90020
ad.lacounty.gov
[email protected]
Aging & Adult Information & Assistance Line:
(800) 510-2020
Report Elder Abuse:
(877) 477-3646
Community & Senior Centers:
(800) 689-8514
Disability Information &
Access Line:
(888) 677-1199
May 16, 2024
City of South El Monte
Attention: Mr. Rene Salas
1415 North Santa Anita Avenue
South El Monte, CA 91733
FISCAL YEAR 2024-25 BASELINE FUNDING ALLOCATION
FOR ELDERLY NUTRITION PROGRAM SERVICES
Dear Mr. Salas:
The Board of Supervisors has approved County of Los Angeles Aging and Disabilities Department (County) to enter into an Elderly Nutrition Program (ENP) Subaward with the City of South El Monte (Subrecipient). The Subaward information is outlined below:
• Purpose: Subrecipient will utilize baseline funding to provide defined and contracted ENP Older Americans Act (OAA) Title III C-1, Title III C-2, and Title III B Services during Fiscal Year (FY) 2024-25.
• Subaward Number: ENP242509
• Amendment Number: N/A
• Subaward Term: July 1, 2024 through June 30, 2025
• Total Funding Allocation: $336,000
• Period Funds are available for use (Subject to execution of Subaward): July 1, 2024 through June 30, 2025
• Service Area: Supervisorial District 1
• Funding Source(s) and Service Category(ies) are as follows:
ATTACHMENT C
FY 2024-25 Baseline Funding Allocation
Elderly Nutrition Program
City of South El Monte
Funding Source Service Category Unit
Rate
NSIP
Rate
Total Unit
Rate
Allocation
Amount
OAA Title III C-1
American Meals $7.21 $0.71 $7.92
$312,100 1 Ethnic Meals
Grab & Go C-1 $7.21 $0.71 $7.92
OAA Title III C-2
Hot Meals $7.36 $0.71 $8.07
$22,900 2
Frozen Meals $6.68 $0.71 $7.39
Emergency Meals $8.99 $0.71 $9.70
Grab & Go C-2 $7.36 $0.71 $8.07
OAA Title III B Telephone
Reassurance $0.68 $0.68 $1,000 3
Subaward Sum Year 1 (SSY1) $336,000
1- 3 Complete one (1) budget and one (1) MPS for each Allocation Amount.
If you have any questions, please contact Bernardo Franco of my staff by phone or e-mail as follows:
(323) 449-5802 or [email protected].
Thank you.
Mike Tsao
Mike Tsao, Administrative Deputy II
Administrative Services Branch
City Council Agenda Report
Agenda Item No. 7.j.
DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-178, ACCEPTING THE CURB ADDRESS NUMBER
PAINTING SERVICES PROJECT AS COMPLETE AND
AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF
COMPLETION WITH THE LOS ANGELES COUNTY
RECORDER
SUMMARY: On February 14, 2024, the City released a Request for Proposals (RFP) for Curb Address Number Painting Services for the consultant to provide curb number painting services to paint residential and business curb number addresses throughout the City. The final cost of the service completed by Care For The Children is $53,350.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-178, accepting the completion of the Curb Address Number Painting Services;
2. Authorize City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office; and
3. Release retention accordingly.
FISCAL/FINANCIAL IMPACT: The cost for the curb address painting services provided by Care For The Children was $53,350 and within the adopted budget.
DISCUSSION: On February 14, 2024, the City released an RFP for Curb Address Number Painting Services.
On March 13, 2024 at 2:00 PM, the City received four (4) proposals. From the four proposals, Care For The Children was the most qualified pursuant to the City’s purchasing policy and its proposal demonstrated the best understanding of the requested services. The bid submitted by Care For The Children was in the amount of $88,132. On April 9, 2024, the City Council awarded a professional services agreement to Care For
The Children to provide Curb Address Number Painting Services for $88,132.
On April 29, 2024, Care For The Children began to paint curb address city wide. The project has been completed within the agreement schedule and below budget. Staff recommends that City Council approve accepting project completion; authorizing of the City Clerk to send the Notice of Completion to the Los Angeles County Recorder’s Office, and releasing the retention.
Staff report prepared by Andrés González, Senior Public Works Analyst.
ATTACHMENT(S):
A. Resolution No. 24-178
B. Notice of Completion of Curb Address Painting
01257.0006/984874.1
ATTACHMENT A
RESOLUTION NO. 24-178
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ACCEPTING THE CURB ADDRESS NUMBER PAINTING
SERVICES PROJECT AS COMPLETE AND AUTHORIZING THE
CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH
THE LOS ANGELES COUNTY RECORDER
WHEREAS, the final cost for the services provided by Care For The Children is $53,350, which is within the approved contract amount; and
WHEREAS, the project was reviewed by City Staff and it is determined to be completed satisfactorily; and
WHEREAS, it is recommended that City Council accept the project as complete and authorize the City Clerk to file the “Notice of Completion” with the County Recorder’s Office for this project.
THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1: The City Council hereby adopts and approves this resolution accepting the work performed by Care For The Children for Curb Address Number Painting Services.
SECTION 2: The City council hereby authorizes the City Clerk to file a Notice of Completion with the Los Angeles County Recorder.
PASSED, APPROVED and ADOPTED this 28th day of May 2024. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
01257.0006/984874.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution No. 24-178, was adopted by the South El Monte City Council at a duly noticed council meeting held on May 28, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF SOUTH EL MONTE
1415 Santa Anita Avenue
South El Monte, CA 91733
ATTACHMENT B
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use
NOTICE OF COMPLETION
Notice, pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner and corporate officer of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the owner is: CITY OF SOUTH EL MONTE
3. The full address of the owner is: 1415 Santa Anita Avenue, South El Monte, CA 91733
4. The nature of the title is: Fee
5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
NONE
6. The full names and full addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
NONE
7. A work of improvement on the property hereinafter described was completed on 5/9/2024. The work was: r Curb Address Number Painting Services
8. The name of the contractor, if any, for such work of improvement was _________________________________________________________________ (IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)
9. The property on which the work of improvement was completed is in South El Monte, County of Los Angeles, State of California, and is described as follows: City owned.
10. The street address of the property is _________________________________________________ (IF NO STREET ADDRESS HAS BEEN OFFICIALY ASSIGNED, INSERT ‘NONE’) Dated: _______________ CITY OF SOUTH EL MONTE
By:________________________
Rene Salas
City Manager
VERIFICATION
I, the undersigned, say: I am the City Manager of the City of South El Monte, the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on: ___________________, at _____________________________________________________________ (CITY) (STATE)
_____________________________________________________________________________________________ (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.)) Care for the Children
Citywide in the City of South El Monte
A notary public or other officer completion this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
State of California
County of ____________
Subscribed and sworn to (or affirmed) before me on this ______ day of ______________, 20__, by _______________________ ___________________________________________________,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal) Signature_____________________
City Council Agenda Report
Agenda Item No. 7.k.
DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION
NO. 24-181, REPEALING RESOLUTION 24-165 AND
APPROVING FUNDING AMOUNTS FROM AVAILABLE
FUNDING GRANTS, AND APPROVING AN AMENDED AND
RESTATED AGREEMENT WITH COUNCIL FOR
WATERSHED HEALTH FOR THE MERCED AVENUE
GREENWAY PHASE II DESIGN PROJECT
SUMMARY: While the City council approved this item at the May 14th City Council meeting. The funding sources need to be revised to reflect the Council's intent that was submitted at the May 14th Council meeting.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-181, approving an amended and restated agreement with Council for Watershed Health (CWH) with a maximum contract sum of $1,508,202. Phase I has been completed pursuant to the original contract and funded by Prop 1 grant funds. The resolution addresses the cost and funding associated with Phase II, the Merced Avenue Greenway North Construction Documents; 2) shall not impose a 10% retention requirement; and 3) extend performance period to 2 years from effective date of contract; and
2. Authorize City Manager or designee to negotiate and execute the amended and restated agreement, approved as to form by the City Attorney.
FISCAL/FINANCIAL IMPACT: Staff does not recommend splitting the funding between two grant sources as stated in the May 14th staff report. Staff now clarifies and recommends that the project be funding with Measure W funds in the amount of $756,515.
The proposed contract services amount of $756,515 will now be funded from the following sources:
Phase I: Merced South (Design) - Completed
Coastal Conservancy (Prop 1) Grant $ 751,687
Phase II: Merced North (Design)
County SCWP (Measure W) Municipal Funds $ 756,515
County Metro (Measure M) Local Return $ 0.00
Total Budget $1,508,202
DISCUSSION: In 2017, the conceptualization of the Merced Avenue Greenway was undertaken through a grant from the California Coastal Conservancy. During this initial planning and design phase, the projected cost to implement the full extent of the Greenway was assessed and the project was split into two phases - Phase I (southern residential end) and Phase II (northern business end). Under the Coastal Conservancy Grant, in partnership with CWH and its subconsultants, 100% Construction Documents were completed for Merced South (Phase I) and 30% Design Development documents were completed for Merced North (Phase II).
Only Measure W funding in the amount of $756,515 will be used to fund this project.
ATTACHMENT(S):
A. Resolution No. 24-181 re Amended and Restated Agreement with Council for Watershed(982063.1)
01257.0001/982063.1
RESOLUTION NO. 24-181
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
REPEALING RESOLUTION NO. 24-165 APPROVING AN
AMENDED AND RESTATED CONTRACT WITH COUNCIL FOR
WATERSHED HEALTH TO PROVIDE ADMINISTRATIVE
OVERSIGHT SERVICES FOR THE MERCED GREENWAY
PROJECT
WHEREAS, the City entered into an agreement with Council for Watershed Health in 2017 to provide administrative oversight including grant support services for the Merced Greenway Project with a maximum contract sum of $737,901 and funded by the State Coastal Conservancy to originally complete 60% Design and Environmental Documents; and WHEREAS, the City, following completion of the 30% design development milestone and assessing implementation cost, made the decision, with concurrence from State Coastal Conservancy, to split the Merced Avenue Greenway Project into two phases - South (Phase I) and North (Phase II) and proceeded to 100% Construction Documents for Merced Avenue Greenway South; and
WHEREAS, Phase I has been completed and funded with Prop 1 grant funds at a cost of $751,687; and
WHEREAS, Council for Watershed assisted the City in applying for and receiving grant awards of approximately $8.7 Million to date to implement the future construction of Phase II Merced Avenue Greenway North from U.S. Housing and Urban Development (HUD), Active Transportation Program Cycle 6 (ATP), and CALTRANS Clean California Round 2; and applied to and awaiting determination of award of $3.2M from EPA Community Change Program.
WHEREAS, Grant funding milestone schedule requirements for both the ATP and CALTRANS grants creates an urgency to complete project Construction Documents to 100% for Merced Avenue. As such, the City continues to require the oversight services from Council for Watershed Health until the design phase is completed, however, the City’s 2017 agreement expired in 2020;
WHEREAS, the City and Council for Watershed Health wish to enter into an Amended and Restated agreement to allow for the completion of the design phase. which includes an increase to the total compensation by $756,515, to be funded by LA County Flood Control District’s Safe Clean Water Program (Measure W) - Municipal for a new maximum contract sum of $1,508,202 (which includes the cost for both Phase I and Phase II).
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES, AS FOLLOWS:
01257.0001/982063.1
SECTION 1. The City Council authorizes the City Manager to execute an Amended and Restated Agreement with Council for Watershed for a maximum contract sum of $1,508,202 with a 2 year term.
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 28th day of May 2024. __________________________________
Gloria Olmos, Mayor
ATTEST:
______________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-181 was passed and approved by the City Council of the City of South El Monte, at a regular meeting of said Council held on this 28th day of May 2024 and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 8.a.
DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-179, APPROVING ACCEPTANCE OF FUNDS FROM THE
LOS ANGELES COUNTY DEVELOPMENT AUTHORITY
(LACDA) AND ALLOCATION OF FUNDS TO THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
SUMMARY: The California Department of Housing and Community Development (HCD) requires entitlement jurisdictions to use their allocation of Permanent Local Housing Allocation (PLHA) Grant Program for eligible housing related projects and programs to assist in addressing the unmet housing needs of our community, in addition to assisting persons who are experiencing homelessness. The City was allocated $135,125.00 for Year 4 by a formula grant by the Los Angeles County Development Authority (LACDA).
RECOMMENDED ACTION: Staff recommends City Council:
1. Find that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required;
2. Adopt Resolution No. 24-179, approving the 2022-23 allocation of Community Development Block Grant-Permanent Local Housing Allocation (CDBG-PLHA) Program Year 4 funds, as outlined; and
3. Authorize City Manager or designee to execute any and all documents necessary to further the potential projects approved herein, including but not limited to amendments and modifications for CDBG projects with the Los Angeles County Development Authority (LACDA).
ENVIRONMENTAL ANALYSIS: The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.
Approving and allocating funds for eligible housing projects is an administrative action
that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
FISCAL/FINANCIAL IMPACT: The $135,125 PLHA funds will be expended out of Fund 51 - Permanent Local Housing Allocation Fund.
DISCUSSION: LACDA has chosen to use their funding allocation to fund the Eviction Defense Program. However, cities are given the option to utilize their allocated funds for other eligible housing activities. If a city does not choose an alternative program, the city's funds will be designated to the Eviction Defense Program. PLHA allocation amounts are only available to cities that have an HCD approved Housing Element.
Eligible activities for the formula allocations are:
1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low- , very low-, low-, or moderate-income households, including necessary operating subsidies.
2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meet the needs of a growing workforce earning up to 120-percent of AMI, or 150-percent of Area Median Income (AMI) in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
3. Matching portions of funds placed into Local or Regional Housing Trust Funds.
4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of California Health and Safety Code Section 34176.
5. Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing.
6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a. This activity may include sub-awards to administrative entities as defined in California Health and Safety Code Sections 50490(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or HEAP funds for rental assistance to continue assistance to these households.
b. Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare and Institutions Code Section 8225(b)(8). An applicant allocated funds for the new construction, rehabilitation, and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in Welfare and Institutions Code Section 8255, subdivision (b).
7. Accessibility modifications in lower-income owner-occupied housing.
8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.
9. Homeownership opportunities, including, but not limited to, down payment assistance.
10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing project.
South El Monte plan to spend PLHA formula funds:
• The first year PLHA allocation was designated to the Eviction Defense Program due to the City’s current Housing Element status and expenditure deadline. • The activity for Year 2 allocations was selected for homeownership opportunities including, but not limited to, down payment assistance. • The activity for Year 3 allocations was selected for homeownership opportunities including, but not limited to, down payment assistance.
Funding Allocation Recommendations for Year 4 allocation:
• Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
Staff is suggesting using the CDBG-PLHA funds towards addressing the unmet housing needs of our community by selecting Housing for Homeless: Rental assistance. The PLHA Rental Assistance Program will assist seniors 62 years of age and older experiencing homelessness or “at risk of homelessness”. The assistance is intended to be a temporary solution that allows a tenant to build a savings and better manage their personal finances.
Staff report prepared by: Linda Barragan, Community Development Analyst.
ATTACHMENT(S):
A. 2023-0059-02-ATTACHMENT A PLHA Formula Allocations FY 2022 March 2024- Round 4 (003)
B. B 2023-0059-03-ATTACHMENT B PLHA Eligible Activities_ (003) C. (SEM) Resolution No. 24-179 PLHA Year 4(984329.1)
pages 1 of 2
Permanent Local Housing Allocation 2022 Total Urban County Entitlement $9,451,755 Redistricting Population Counts Less Administration (5%) ($472,588) Round 4 Total 2022-2023 to be Allocated $8,979,167
Population Poverty Overcrwding
City 2020 2020 2020 Factor Allocation
AGOURA HILLS 21,048 798 84 0.004225596 $37,942
ARCADIA 57,180 4,784 743 0.018586347 $166,890
AVALON 3,873 415 133 0.001750789 $15,721
AZUSA 48,801 6,073 1,653 0.023627161 $212,152
BELL 34,644 7,441 2,262 0.027056320 $242,943
BELL GARDENS 41,770 11,005 2,925 0.037379286 $335,635
BEVERLY HILLS 33,709 2,998 467 0.011416855 $102,514
CALABASAS 23,762 2,110 163 0.007417324 $66,601
CLAREMONT 35,462 1,521 153 0.007513354 $67,464
COMMERCE 13,412 2,068 551 0.007645583 $68,651
COVINA 48,710 4,417 1,443 0.019556588 $175,602
CUDAHY 23,606 6,513 1,453 0.020951076 $188,123
CULVER CITY 38,913 2,382 688 0.011609730 $104,246
DIAMOND BAR 55,904 3,696 724 0.016224415 $145,682
DUARTE 21,399 1,972 556 0.008360926 $75,074
EL SEGUNDO 16,575 834 118 0.003929255 $35,281
HAWAIIAN GARDENS 14,212 2,782 851 0.010274501 $92,256
HERMOSA BEACH 19,147 803 195 0.004443213 $39,896
HIDDEN HILLS 2,156 165 15 0.000620884 $5,575
IRWINDALE 1,365 115 39 0.000525328 $4,717
LA CANADA-FLINTRIDGE 20,078 664 39 0.003684468 $33,083
LA HABRA HEIGHTS 5,305 104 32 0.000913139 $8,199
LA MIRADA 48,286 2,309 1,263 0.014671267 $131,736
LA PUENTE 39,705 4,932 1,468 0.019668708 $176,609
LA VERNE 32,134 2,572 324 0.009862996 $88,561
LAWNDALE 32,533 3,889 1,543 0.017098129 $153,527
LOMITA 20,212 2,602 385 0.008829422 $79,281
MALIBU 12,961 1,297 43 0.004158768 $37,342
MANHATTAN BEACH 35,064 1,114 122 0.006547411 $58,790
MAYWOOD 27,127 5,484 2,298 0.022491713 $201,957
MONROVIA 37,488 3,301 760 0.013538887 $121,568
RANCHO PALOS VERDES 42,333 1,511 396 0.009169113 $82,331 ROLLING HILLS ESTS 7,279 194 21 0.001270181 $11,405
SAN DIMAS 33,874 2,433 366 0.009937575 $89,231
SAN FERNANDO 24,244 2,252 1,017 0.010965432 $98,460
SAN GABRIEL 39,899 4,643 1,349 0.018672693 $167,665
SAN MARINO 13,028 925 150 0.003837386 $34,457
SANTA FE SPRINGS 18,131 2,184 673 0.008857323 $79,531
SIERRA MADRE 10,829 667 43 0.002679876 $24,063
SIGNAL HILL 11,430 1,465 309 0.005324117 $47,806
SOUTH EL MONTE 20,693 4,433 1,062 0.015048759 $135,125
SOUTH PASADENA 25,478 1,734 496 0.008117279 $72,886
TEMPLE CITY 36,161 3,560 842 0.014212469 $127,616
WALNUT 29,764 1,976 242 0.008113872 $72,856
WEST HOLLYWOOD 35,506 4,106 395 0.013532996 $121,515
WESTLAKE VILLAGE 8,110 371 7 0.001657389 $14,882
TOTAL PARTICIPATING CITIES 1,223,296 123,616 30,860 0.495975899 $4,453,451 GMU/GPPA/GPA/Allocations/PLHA Formula Allocations FY 2022 March 2024- Round 4
ATTACHMENT A
pages 2 of 2
Permanent Local Housing Allocation 2022 Total Urban County Entitlement $9,451,755 Redistricting Population Counts Less Administration (5%) ($472,588) Round 4 Total 2022-2023 to be Allocated $8,979,167
ATTACHMENT B: PLHA ELIGIBLE ACTIVITIES
Multifamily Rental Housing
Acquisition Predevelopment Development
Rehabilitation Preservation Operating Subsidies
The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is Affordable to extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas, including necessary Operating subsidies).
Affordable Rental, Ownership, and ADU Housing
Acquisition Predevelopment Development
Rehabilitation Preservation
The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in highcost areas. ADUs shall be available for occupancy for a term of no less than 30 days. Matching Funds to Regional Housing Trust Funds
Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.
Housing for Homeless
Rapid Rehousing Rental Assistance Supportive Case Management Operating Costs for Navigating Centers Capital Costs for Navigation Centers Operating Costs for Emergency Shelters New Construction Rehabilitation Preservation
Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. (A) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core Department of Housing and Community Development 13 2019 PLHA Final Guidelines components of Housing First, as provided in WIC Section 8255, subdivision (b).
Accessibility Modifications for Owner-Occupied Housing Accessibility modifications in Lower-income Owner-occupied housing.
NOTE: This PLHA Activity will now be funded under Affordable Rental, Ownership, and ADU Housing/Rehabilitation
Homeownership Opportunities Assistance
Homeownership opportunities, including, but not limited to, down payment assistance.
GOALS:
Estimated Number of Accomplishments
Performance Indicators: Units or Households
ATTACHMENT C
RESOLUTION NO. 24-179
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL APPROVING
THE ACCEPTANCE OF FUNDS FROM THE LOS ANGELES COUNTY
DEVELOPMENT AUTHORITY (LACDA) AND ALLOCATION OF FUNDS TO
THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
WHEREAS, the City of South El Monte desires to participate in the Los Angeles Urban County Permanent Local Housing Allocation (“PLHA”) Program; and WHEREAS, if the City does not designate an alternative program, the Los Angeles County Development Authority (LACDA) will designate the funding allocation to fund the Eviction Defense Program; and
WHEREAS, the City Manager or his designee to execute any and all documents necessary to further the potential projects approved herein, including but not limited to amendments and modifications for Community Development Block Grant (CDBG) projects with the Los Angeles County Development Authority (LACDA).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Approving and allocating funds for eligible housing projects is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.
SECTION 3. The City Council authorizes the City Manager to execute any and all documents necessary to further the potential projects approved herein, including but not limited to amendments and modifications for CDBG projects with Los Angeles County Development Authority (LACDA).
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.
01257.0005/984329.1
PASSED, APPROVED AND ADOPTED this 28th day of May 2024.
Gloria Olmos, Mayor
ATTEST:
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-179 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said City Council held on the 28th day of May 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 9.a.
DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: ADOPT RESOLUTION NO. 24-180, APPROVING THE
PLACEMENT OF COMMEMORATIVE DEDICATION
PLAQUES AT THE SOUTH EL MONTE SENIOR CENTER AND
COMMUNITY CENTER
SUMMARY: Staff is requesting the City Council's approval for the placement of commemorative dedication plaques at the South El Monte Senior Center and Community Center.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-180, Approving the Placement of Commemorative Dedication Plaques at the Senior and Community Centers;
2. Approve the removal of all existing plaques installed at the South El Monte Senior Center and Community Center; and
3. Approve the placement of two commemorative dedication plaques with one installed at the South El Monte Senior Center and the second one installed at the Community Center.
FISCAL/FINANCIAL IMPACT: The estimated fiscal impact is $3,669.00 per plaque for a total of $7,338.00 budgeted in the General Fund for Fiscal Year 2024-25.
DISCUSSION: The Senior Center recently completed a series of upgrades to enhance the comfort and functionality of the space, making it more inviting and conducive to social activities, which are crucial for mental and emotional well-being. Projects include the installation of brand-new floors, energy-efficient lighting, and the conversion of the existing library to a modern multi-purpose room. These renovations enhance the safety and accessibility of the facility, ensuring it meets modern standards and is inclusive for all seniors. In addition, the updated facilities can support a wider range of programs and services, promoting active and healthy lifestyles among seniors. Overall, these improvements can significantly enhance the quality of life for the senior community.
Furthermore, the Community Center has also undergone improvement projects, including the installation of a new basketball gym wood floor, dance room improvements, and resurfacing and striping of the back parking lot. These renovations will improve safety and accessibility, making the community center more welcoming and usable for people of all ages and abilities. In addition, modernizing the facility enhances its functionality and appeal, encouraging greater community participation and pride. Overall, these improvements create a more vibrant, inclusive, and effective space for communal activities and services.
These remarkable transformations with the series of upgrades exemplify the city’s dedication to sustainability and the enhancement of various aspects of community spaces, all aimed at enriching the resident’s experience. The proposed commemorative plaques will replace all existing plaques in both buildings.
Rendering options for the plaques can be referenced in Attachment A and Attachment B.
The proposed installation location is by the main entrance of both buildings, respectively, and removing all existing plaques. A dedication ceremony will be hosted at both buildings to commemorate these accomplishments.
ATTACHMENT(S):
A. Resolution No. 24-180
B. Rendering Option 1
C. Rendering Option 2
ATTACHMENT A
RESOLUTION NO. 24-180
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING THE PLACEMENT OF COMMEMMORATIVE
DEDICATION PLAQUES AT THE SOUTH EL MONTE SENIOR
CENTER AND COMMUNITY CENTER.
WHEREAS, the City of South El Monte dedicated the South El Monte Community Center in 1974.
WHEREAS, the City of South El Monte dedicated the South El Monte Community Center Center in 1981.
WHEREAS, the City of South El Monte rededicated the South El Monte Senior Center in 1982.
WHEREAS, the City of South El Monte rededicated the South El Monte Senior Center in 2006.
WHEREAS, the City of South El Monte rededicated the South El Monte Senior Center in 2015.
WHEREAS, the City Council desires to remove all existing plaques at the South El Monte Senior Center and Community Center and place new commemorative dedication plaques.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Clerk shall certify the adoption of this Resolution 24-180.
PASSED, APPROVED AND ADOPTED this 28th day of May 2024.
_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-180 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 28th day of May 2024, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
________________________________
Donna G. Schwartz, City Clerk
ATTACHMENT B
OPTION 1
ATTACHMENT C
OPTION 2
City Council Agenda Report
Agenda Item No. 11.a.
DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: LETTER FROM EPIPHANY CATHOLIC SCHOOL
REQUESTING A FACILITY FEE WAIVER FOR THE USE OF
THE SENIOR CENTER TO HOST AN ALUMNI MIXER
SUMMARY: The Epiphany Catholic School (Epiphany) is requesting a facility fee waiver for the use of the Senior Center dining room to host their annual Alumni Mixer on Saturday, June 1, 2024, from 12:00 p.m. to 8:00 p.m. In addition, Epiphany is requesting the City Council to waive all the associated fees incurred for the reservation.
RECOMMENDED ACTION: Staff recommends City Council:
1. Discuss and consider the facility fee waiver request by Epiphany in the amount of $950.00; and
2. Discuss and consider waiving all the associated rental fees for the reservation in the amount of $1,488.00
FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the amount of $950.00
In addition, the City Council has the discretion to waive any non-facility rental fees including staff time, cleaning, security, and refundable damage deposits. If approved, the City Council will waive the additional fees incurred for the reservation in the amount of $1,488.00. The total waived amount for the reservation is $2,438.00.
Please reference the chart below detailing the reservation cost:
Waived Facility Rental Fees
Fee Unit Cost
Senior Center Dining Room
Fee
$100.00 per hour x 8 hours $800.00
Kitchen Rental Fee Flate Rate ($150.00) $150.00
Total Cost: $950.00
Non-Waived Fees:
Fee Unit Cost
Staffing Fee $16/hr x 3 staff x 8 hrs $384.00
Security Fee $38/hr x 2 guards 4 hrs $304.00
Cleaing Fee Flate Rate ($300.00) $300.00
Refundable Damage
Deposit
Flate Rate ($500.00) $500.00
Insurance Premium Agency will provide NA
Total Cost: $1,488.00
DISCUSSION: Epiphany has been a community partner since 1959. They proudly serve the City of South El Monte by providing faith-based academic curriculum and enrichment programming to children 5 to 12 years of age. The school wishes to host an Alumni Mixer, in an effort to raise funds for students' scholarships and update academic materials for their Science, Technology, Engineering, and Math (STEM) programming.
Epiphany is requesting the City sponsor the event by waiving all the reservation fees incurred to host the Alumni Mixer at the Senior Center on Saturday, June 1, 2024, from 12:00 p.m. to 8:00 p.m.
ATTACHMENT(S):
A. Epiphany Reservation Application
B. Epiphany Fee Waiver Request Letter
Last update 7/11/18 Page 1 of 5
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen __x_ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II Shively and New Temple
___ Parking Lot ____________ Field
____________ Picnic Area
___________ Field
____________ Picnic Area
Date of Event: _June 1, 2024_ Day(s): __Saturday______ Estimated Attendance: _100____ Purpose of Event/Function: _Alumni Mixer__________________________________________________________ Reservation Time: 1:00 pm to 7:00 pm Set up Time: 12:00 am to 1:00 pm Kitchen Hours: 3:00 pm__ to 7:00 pm__ Clean up Time: 7:00 pm to 8:00 pm Will the event be open to the public? __no___
Will there be entertainment? ________ If yes, what type? ______________________________________ Will food be served? ________ If yes, name of caterer? _________________________________ Will alcohol be served? ________
Portable Stage needed? ________
Applicant shall indemnify, defend, and hold harmless the City of South El Monte, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Applicant’s authorized activities under the terms of this application and/or use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City of South El Monte, its officers, employees, or agents. Applicant agrees to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I am an authorized agent of the organization/business submitting this application. The information provided in this application is true and correct. I have read and understand this application and agree to all of the facility rules, regulations, and conditions of use.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Gabby Negrete Organization/Business: Epiphany School Address: City: Zip Code:
Home Phone: Work Phone:
Cell Phone: Email:
ATTACHMENT A
Last update 7/11/18 Page 2 of 5
City of South El Monte Recreation Services Department
APPLCIANT NAME: ___________________________________________ DATE OF USE: ____________________________ FACILITY: ____________________________________________________________________________________________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Building Fee $ _100__ x _____8___ Hours $ 800.00
Staff Fee $ ___16____ x ___3____ # Staff x ___8___ Hours $ 384.00 Security Guard Fee $ ____38____ x ____2____ # Guard (s) x _4___ Hours $ 304.00 Kitchen Fee $ 150.00
Clean Up Fee $ 300.00
Damage Deposit $ 500.00
Insurance Premium Certificate Agency has Provided $ NA
Liquor Premiums $ NA
Inflatable Bouncer $ NA
ABC Permit $ Na
TOTAL: $ 2,438.00
# of Round Tables: ___0______ Table and Chair Ratio
# of Rectangle Tables: __20______ 6 inch Round Table = 8 chairs # of Chairs ___200______ 6x6 Rectangle Table = 8 chairs BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________
Last update 7/11/18 Page 3 of 5
CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.
Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
APPLICATION PROCESS:
1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.
2. A facility is not considered rented until (1) applicant delivers to the City the facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.
3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.
4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.
5. Time requested must include decorating, event and clean-up time.
6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.
INSURANCE REQUIREMENTS
Without limiting Applicant’s indemnification of the City, and prior to commencement of the facility use, the applicant shall obtain, provide and maintain at its own expense during the term of facility use, a policy of insurance of the type and amount described below and in a form that is satisfactory to the City. If insurance coverage is cancelled or materially changed, the applicant must notify the city immediately.
General liability insurance. Applicant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
If alcohol is sold during the permitted activity, coverage must include full liquor liability. The City of South El Monte, its officers, officials, agents, and employees shall be included as additional insureds on the policy.
Primary/non-contributing. Coverage provided by the Applicant shall be primary and any insurance or self-insurance procured or maintained by City of South El Monte shall not be required to contribute with it.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this application shall be endorsed to waive subrogation against the City of South El Monte, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow the applicant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Applicant hereby waives its own right of recovery against the City of South El Monte.
Requirements not limiting. Requirements of specific coverage features, or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Applicant maintains higher limits than the minimums shown above, the City of South El Monte requires and shall be entitled to coverage for the higher limits maintained by the Applicant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of South El Monte.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. *For organizations/businesses that do not carry general liability insurance, special event liability insurance can be purchased through the City/Alliant Insurance.
Last update 7/11/18 Page 4 of 5
APPLICANT RESPONSIBILITIES:
1. Applicant must be present during the entire event.
2. All activities must cease, and the facility completely vacated by 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m. (midnight).
3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.
4. Applicant cannot exceed the number attending on the application.
5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.
6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.
Security services will be added into total fees.
7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.
8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.
9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.
10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.
11. Applicant shall adhere with all local, state, and federal laws, codes, and regulations related to the use of the Facility, including but not limited to fire codes , assembly occupancy, public health orders, and the Americans with Disabilities Act.
12. Applicant further agrees that it is solely responsible for reviewing and ensuring compliance with all applicable public health orders and/or guidance in effect at the time of the use of the facility.
Failure to comply with any of the City’s policies, procedures, or information published on this application will result in cancellation of renters reservation and lost of damage deposit.
DECORATIONS/SET-UP:
1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.
2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.
3. All decorations must be removed by the applicant at the conclusion of the event.
4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.
5. Hay and confetti of any sort are prohibited.
PROHIBITED:
1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.
Violation will result in the closure of the event and forfeiture of all fees.
2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee.
3. Smoking is not permitted on City property.
4. No profane language or disorderly or unseemly conduct is permitted in any City facility.
PROHIBITED CONTINUED:
5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.
6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.
7. No storage of private property is permitted on City premises.
8. City Facilities cannot be used for commercial purposes without written approval.
9. Bounce houses and petting zoos are not permitted on City facilities.
10. City equipment shall not be removed from any City facility.
11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals pre-approved for use in special exhibits.
12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.
13. Only D/J and small bands are allowed to play in the facility. Staff will determined appropriate volume levels.
14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.
REFUND OF SECURITY DEPOSIT:
1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.
2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.
3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.
CANCELLATION POLICY:
1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund
Last update 7/11/18 Page 5 of 5
2. All other cancellations subject to a $25 administration fee.
3. Failure to comply with the reservation regulations, policies, procedures, or any information listed on the reservation application can result in a cacellation of reservation and loss of Damage Deposit.
CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.
Applicant’s Signature: _________________________________________ Date: ______________________
ATTACHMENT B
City Council Agenda Report
Agenda Item No. 11.b.
DATE: May 28, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: LETTER FROM EPIPHANY CHURCH REQUESTING TO
WAIVE ALL FEES RELATED TO STAFF TIME AND
TEMPORARY USE PERMIT TO HOLD A PROCESSION
ALONG CITY STREETS ON SUNDAY, JUNE 2, 2024
SUMMARY: The City received a letter from Dr. Humberto Ramos requesting fee waivers and city staff support to hold a procession on city streets.
RECOMMENDED ACTION: Staff recommends City Council consider the request made by Epiphany church to waive all city fees to hold a procession along city streets.
FISCAL/FINANCIAL IMPACT: The estimated unreimbursed labor cost would be $315.
This includes three Code Enforcement Officers to perform traffic control duties from 3pm to 5pm on June 2nd. The forgone temporary use fee would be $1,250. Hence, the total estimated revenues forgone would be $1,565 for the General Fund.
DISCUSSION: City staff received a request from Dr. Humberto Ramos from Epiphany to conduct a procession on city streets from 3pm to 5pm on Sunday, June 2nd.
The procession would travel from the parish parking lot south on Lidcombe, then east on Central, and south on Cogswell, then east on Maplefield, and north on Durfee, then west on Maplefield and back to the church.
They are expecting 100 people to accompany the procession. Program time is from 3pm to 5pm.
ATTACHMENT(S):
A. Ephiphany Request Letter 6.2.2024
B. Epiphany Procession Route 6-2-2024
ATTACHMENT A
ATTACHMENT B
Successor Agency Agenda Report
Agenda Item No. 19.a.
DATE: May 28, 2024
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR APRIL 23, 2024
SUMMARY: Staff is requesting approval of the Minutes of the April 23, 2024, Successor Agency Meeting.
RECOMMENDED ACTION: Staff is requesting approval of the Minutes of the April 23, 2024, Successor Agency Meeting.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. DRAFT SA Minutes 4-23-24
CITY OF SOUTH EL MONTE
SUCCESSOR AGENCY MEETING MINUTES
Tuesday, April 23, 2024 - 6:00 p.m.
1415 Santa Anita Ave., South El Monte, CA 91733
Successor Agency Meeting Immediately Followed Regular City Council Meeting
ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE SUCCESSOR
AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting.
Chair Olmos called the meeting to order at 8:37 p.m.
16. CALL TO ORDER AND ROLL CALL
PRESENT: Board Member(s): Acosta, Angel, Delgado, Vice Chair Bojorquez, and Chair Olmos
ABSENT: Board Member(s): None.
STAFF PRESENT: Rene Salas, Executive Director; Anthony R. Taylor, General Counsel; Donna G. Schwartz, Secretary; Masami Higa, Director of Finance, and Sabrina Muhne Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
17. APPROVAL OF AGENDA
A motion was made by Board Member Angel, seconded by Board Member Delgado to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Acosta, Angel, Delgado, Vice Chair Bojorquez, and Chair Olmos
NAYS: Board Member(s): None.
18. PUBLIC COMMENTS – None.
19. CONSENT CALENDAR
A motion was made by Vice Chair Bojorquez, seconded by Board Member Delgado to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Acosta, Angel, Delgado, Vice Chair Bojorquez, and Chair Olmos
NAYS: Board Member(s): None.
CONSENT CALENDAR (CONTINUED)
19.a. Approved the Regular Successor Agency Meeting Minutes of March 26, 2024.
19.b. Adopted Resolution No, SA 24-03, approving the execution of a subordination agreement whereby the Successor Agency subordinates its deed of trust which secures the obligations of SEL Homes, LLC, a California limited liability (“Owner”) in favor of the Successor Agency to a new loan to Owner in the amount of $4,800,000 from Citizens Business Bank and authorized the Executive Director or designee to negotiate and execute agreement.
20. EXECUTIVE DIRECTOR'S AGENDA – None.
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 8:29 p.m. Chair Olmos adjourned the meeting.
___________________________ _____________________
Donna G. Schwartz, Secretary Gloria Olmos, Chair