South Gate City Council
October 25, 2022

338
not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the grant scope(s).

SECTION 6. The City Council agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 25'h day of October 2022.

CITY OF SOUTH GATE:

By:

Al Rios, Mayor
ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

IF. Salinas, City Attorney

339
Item No. 12
cnyatumataysorriet Ciy ofSouth Gate
O(,T 18 2022 CITY COUNCIL
':"r AGENIDA E3anLL
For the Regular Meeting of: October 25, 2022
Originating Departmeni4arks & Recreation
SUBJECT: AGREEMENT WITH CIVIC PLUS, LLC.,

MANAGEMENT SOFTWARE SERVICES

FOR RECREATION
PURPOSE: To enter into an agreement with Civic Plus, LLC., to provide Recreation Management Software and Services to the Parks & Recreation Department.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an agreement with Civic Plus, LLC., to develop and host the City's Parks & Recreation software services; and
b. Appropriating $29,485 from the unallocated General Fund Balance to account 100-401-61- 6101 to pay for additional costs for the new software; and c. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney; and d. Authorizing the Director of Parks & Recreation to execute any additional documents that may be required to implement the software program.

FISCAL IMPACT: The FY 2022-23 Adopted Budget includes $8,000 in the General Fund to go towards software licensing. Additional funds of $29,485 will need to be appropriated in FY 2022-23 in account # 100-401-61-6101 to cover the remaining costs for this agreement.

REPORT SUMMARY: The Parks & Recreation Department has been using e-Trak software systems since 2015 for all its facility reservations, program registration, membership, and Point of Sale (POS) systems. In January 2022, e-Trak notified staff that they would be upgrading their system from 1.0 to

2.0 in spring of 2022. Upon completion of the upgrade process staff noticed that that the "New" program did not include several key functions that were part of the original e-Trak 1.0 system. These included such things as; proper membership tracking and payment processing, and rosters for recreation classes. In working with e-Trak staff to see if they could add the missing functionality to the

2.0 system, they determined that it was not in their capabilities to make the changes and informed the City that they would either need to move to the 2.0 or have the current software system lose support at the end of the calendar year.

On August 16, 2022, the City released a Request for Proposal ("RFP") seeking a vendor to provide Recreation Management Software service to the Department. Six submissions were received by the City Clerk's Office.
1 340
A selection committee was formed involving representatives from the Parks & Recreation Department and the Administrative Services Department. The members of the committee conducted an initial review of the six (6) submissions and requested interview/presentations with all six of the vendors.

After reviewing the proposals and considering demonstrations of what each company offered, the committee requested additional information from their top choice CivicPlus, LLC., including all the missing services from e-Trak; and determined that they would provide the best Recreation Management Software for the Parks & Recreation Department needs.

ATTACHMENT: Proposed Agreement (including Exhibit A - Statement of Work and Exhibit B Consultants Proposal)
2 341

AGREEMENT FOR PROFESSIONAL SERVICES FOR RECREATION

MANAGEMENT SOFTWARE SERVICES BETWEEN THE CITY OF

SOUTH GATE AND CIVIC PLUS
This Agreement for Professional Services for Recreation Management So'ftwareServices ("Agreement") is made and entered into on October 25, 2022, by and between the City of South Gate, a municipal corporation ("City" or "Client"), and CivicPlus LLC., a Kansas Limited Liability Company ("Consultant" or "CivicPlus"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties."

RECIT ALS
WHEREAS, City desires to retain a qualified provider for certain services relating to Recreation Management Software; and
WHEREAS, Consultant warrants to City that it has the requisite skills, knowledge, qualifications, manpower and expertise to perform properly and timely the Professional Services under this Agreement; and
WHEREAS, based on such representation, City desires to contract with Consultant to perform the services as described in the Scope of Services attached hereto as Exhibit "A" of this Agreement.

NOW, THEREFORE, the Parties hereby agree as follows:

1. SCOPE OF SERVICES. City hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the Scope of Services as described in Consultant's Proposal, Exhibit "B", attached hereto and made part of this Agreement. The Scope of Services may be mutually amended from time to time by both Parties in writing.

2. COMPENSATION FOR SERVICES. The total amount of compensation for the first year of services under this Agreement shall not exceed the sum of Thirty Seven Thousand Four Hundred Eighty Five ($3 as described in Consultant's Statement of Work (the "SOW") attached hereto as Exhibit "A." City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved in writing by the Director of Parks & Recreation or his/her designee.

2.1 Consultant shall be paid in accordance with the schedule included in Consultant's Statement of Work attached hereto as Exhibit "A." City shall pay Consultant within thirty (30) days of receipt of the invoice.

2.2 No payment made hereunder by City to Consultant, other than the final payment, shall be construed as an acceptance by City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement. 5116863. l-L235.0 (Fon'n Rev. 9/8/21)
342
Agreement for Professional Services
CivicPlus, Inc.

3. TERM OF AGREEMENT. This Agreement is effective as of October 25, 2022, and will remain in effect for a period of three (3) years from said date , unless otherwise expressly extended and agreed to by both Parties in writing, or terminated by either Party as provided herein, and may be renewed in accordance with the terms of the SOW.

4. CITY AGENT. The Director of Parks & Recreation ("Director"), or his/her designee, for the purposes of this Agreement, is the agent for City. Whenever approval or authorization is required, Consultant understands that the Director, or his/her designee, has the authority to provide that approval or authorization.

5. CONFLICT OF INTEREST. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by Consultant under this Agreement.

Consultant 'further represents that in performance of this Agreement, no person having any such interest shall be employed by it. Within ten (10) days, Consultant agrees that it will immediately notify City of any other conflict of interest that may exist or develop during the ternn of this Agreement.

5.1 Consultant represents that no City employee or official has a material financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this contract, Consultant shall not offer, encourage or accept any financial interest in Consultant's business or in this Agreement by any City employee or official.

6. GENERAL TERMS AND CONDITIONS.

6.1 Termination for Convenience. Either Party may terminate this Agreement at any time without cause by giving sixty (60) days written notice to the other Party of such termination and specifying the effective date thereof. In that event, all Client Content, as defined by this Agreement, , at the option of City, become its property. If this Agreement is terminated by City as provided herein, Consultant will be paid the total amount of its costs as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Agreement.

6.2 Termination for Cause.

6.2.1 City may, by written notice to Consultant, terminate the whole or any part of this Agreement in any of the following circumstances:
a. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances does not correct such failure withing a period of thirty (30) days (or such longer 5116863 l-L235.0
343
Agreement for Professional Services
CivicPlus, Inc.

period as City may authorize in writing) a'fter receipt of notice from City specifying such failure.

6.2.2 In the event City terminates this Agreement in whole or in part as provided above in Subsection 6.2.1, City may procure, upon such terms and in such maru'ier as it may deem appropriate, services similar to those terminated.

6.2.3 If this Agreement is terminated as provided above in Subsection 6.2.1, City may require Consultant to provide all Client Content prepared by Consultant.

Upon such termination, Consultant shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of Consultant, and to authorized reimbursement expenses.

6.2.4 If, after notice of termination of the Agreement under the provisions of Subsection 6.2.1 above, it is determined, for any reason, that Consultant was not in default, or that the default was excusable, then the rights and obligations of the Parties shall be the same as if the notice of termination had been issued pursuant to Subsection 6.1. above.

6.3 Non-Assignability. Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of City. Notwithstanding the foregoing, Consultant may assign and transfer all of its rights under this Agreement by a sale of all of its assets or merger.

6.4 Non-Discrimination.

6.4,1 Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of to race, creed, gender, gender identity (including gender expression), color, religion, ancestry, sexual orientation, national origin, disability, age, marital status, family/parental status, or veteran/military status, in the performance of its services and duties pursuant to this Agreement and will comply with all applicable laws, ordinances and codes of the Federal, State, and County and the City governments. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, disability, or age.

Consultant will take affirmative action to ensure that all employment practices, including those of any subcontractors retained by Consultant to perform services under this Agreement, are free from such discrimination. Such employment practices include, but are limited to: hiring, upgrading, demotion, 5116863.1-L235.0
344
Agreement for Professional Services
CivicPlus, Inc.

transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

6.4.2 The provisions of Subsection 6.4.2 above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. City shall have access to all documents, data, and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment oppoitunity and non- discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 (relating to federal restrictions against discriminatory practices) is available for review and on file with the City Clerk's Office.
6,5 Insurance. Consultant shall submit to City, certificates indicating compliance with the following minimum insurance requirements no less than thirty (30) days within to beginning of performance under this Agreement:

6.5.1 Workers Compensation Insurance as required by law. Consultant shall require all subcontractors similarly to provide such workers' compensation insurance for their respective employees.

6.5.2 Comprehensive general and automobile liability insurance protecting Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000, with an aggregate of $2,000,000. Each such policy of insurance shall:
a. Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in writing by City.
b. Name and list as additional insured the City, its officers and employees. c. Specify its acts as primary insurance.
d. Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy shall not be canceled except upon thirty (30) days prior written notice to City of such cancellation or material change."
e. Cover the operations of Consultant pursuant to the terms of this Agreement.
5116863.1-L235.0
345
Agreement for Professional Services
CivicPlus, Inc.

6,6 Indemnification. Consultant agrees to indemnify, defend and hold harmless City and/or any other City agency, including other employees, officers and representatives, for/from any and all third party claims or actions of any kind asserted against City and/or any other City agency arising out of Consultant's (including Consultant's employees, representatives, products and subcontractors) negligent performance under this Agreement, excepting only such claims or actions which may arise out of sole or active negligence of City and/or any other City agency, or any third parties not acting on behalf of, at the direction of, or under the control of Consultant.

6.7 Compliance with Applicable Law. Consultant and City shall comply with all applicable laws, ordinances, and codes of the Federal, State, County and City governments, without regard to conflict of law principles.

6.8 Independent Contractor. This Agreement is by and between City and Consultant and is not intended, nor shall it be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between City and Consultant.

6.8.I Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of City. Neither City nor any of its officers or employees shall have any control over the conduct of Consultant, or any of Consultant's employees, except as herein set forth, and Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of City, it being distinctly understood that Consultant is and shall at all times remain to City a wholly independent contractor and Consultant's obligations to City are solely such as are prescribed by this Agreement.

6.8.2 Indemnification of CalPERS Determination - In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as, for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of City.

6.8.3 Business License Required. According to Title 2.08.40 of the South Gate Municipal Code, a business license will be required prior to doing business within the City, even if the business is located outside of the City. Verification of a valid South Gate business license will be required prior to start of work and any fees associated with the acquisition or maintenance of such business license shall be the sole responsibility of Consultant.
5116863.1-L235.0
346
Agreement for Professional Services
CivicPlus, Inc.

6.9 Consultant's Personnel.

6.9.1 All services required under the Agreement will be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services, including, without limitation, a City of South Gate business license as may be required by the South Gate Municipal Code.

6.9.2 Consultant shall be solely responsible for the reasonably satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

6.9.3 Consultant shall be responsible for payment of all employees' and subcontractors' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance and Social Security.

6.9.4 Consultant shall indemnify and hold harmless City and all other related entities, officers, employees and representatives from any liability, damages, claims, costs, and expenses of any nature arising from alleged violations of personnel practices or of any acts of omissions by Consultant in connection with the work performed arising from this Agreement.

6.10 Intellectual Property and Ownership. Upon full and complete payment of amounts owed for project development, City will own the website graphic designs, webpage or services content, module content, importable/exportable data, and archived information ("Client Content") created by CivicPlus on behalf of City pursuant to this Agreement. "Client Content" also includes any elements of text, graphics, images, photos, designs, artworks, logos, trademarks, services marks, and other materials or content which City provides or inputs into any website, software or module in connection with any services. Client Content excludes any content in the public domain; and any content owned or licensed by CivicPlus, whether in connection with providing services or otherwise.

Upon completion of the project development, City will assume -full responsibility for Client Content maintenance and administration. City, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Content. City hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Client Content as necessary to provide the Services. City represents and warrants that City owns all Client Content or that City has permission from the rightful owner to use each of the elements of Client Content; and that City has all rights necessary for CivicPlus to use the Client Content in coru'iection with providing the Services.
5116863.1-L235.0
347
Agreement for Professional Services
CivicPlus, Inc.

At any time during the term of this Agreement, City will have the ability to download the Client Content and export the City data through the Services. City may request CivicPlus to perform the export of City data and provide the City data to Client in a commonly used format at any time, for a fee to be quoted at time of request and approved by City. Upon termination for any reason, whether or not City has retrieved or requested the Client data, CivicPlus reserves the right to permanently and definitively delete the Client Content and City data held in the Services thirty (30) days following tertnination. During the thirty (30) day period following termination, regardless of the reason for its termination, City will not have access to the Services.

Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all source code, documents, and materials used in the Services ("CivicPlus Property") will remain the property of CivicPlus. CivicPlus Property specifically excludes Client Content. City shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided herein; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet "links" to the CivicPlus Property software or "frame" or "mirror" any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than City, to use the services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code to all or any portion of the services; or (v) access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

Provided City complies with the terms and conditions herein, and license restrictions set forth in this section, CivicPlus hereby grants City a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with this Agreement for the term of this Agreement.

6.11 Legal Construction.
6,11.1 This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California without regard to conflict of law principles.

6.11.2 This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. 6,11.3. The article and section, captions and headings herein have been inserted for 5116863 I-L235.0
348
Agreement for Professional Services
CivicPlus, Inc.

convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.

6.11.4. Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6,12 Counterparts. This Agreement may be executed in counterparts and, as so executed, shall constitute an agreement which shall be binding upon all Parties hereto.

6.13 Final Payment Acceptance Constitutes Release. Approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, sub-consultants and agents.

6.14 Corrections. CivicPlus warrants that the services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the City that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the services in combination with a third party service, web hosting service, or server not authorized by CivicPlus.

6.15 Files. All files of Consultant pertaining to City shall be and remain the property of City. Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.16 Waiver; Remedies Cumulative. Failure by a Party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand compliance by such other Party in the future. No waiver by a Party of a default or breach of the other party shall be effective or binding upon such a Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with 5116863 l-L235.0
349
Agreement for Professional Services
CivicPlus, Inc.

respect to any other permitted or available right of remedy. 6,17 Mitigation of Damages. In all such situations arising out of this Agreement, the Parties shall attempt to avoid and minimize the damages resulting from the conduct of the other Party.

6.18 Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in :tull force without being impaired or invalidated in any way.

6.19 Attorneys' Fees. The Parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or coru'iected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any Party hereto to enforce this Agreement, the prevailing Party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that Party or those Parties may be entitled.
6,20 Entire Agreement and Amendments. This Agreement constitutes the whole agreement between City and Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any amendments, changes or modifications to this Agreement must be made in writing and appropriately executed by both City and Consultant.
6,21 Notices. Any notice required to be given hereunder shall be deemed to have been given by email transmission with confirmation of delivery and depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY:

City of South Gate
Steve Costley, Director of Parks & Recreation
4900 Southern Avenue
South Gate, CA 90280
Email: [email protected]
TEL: (323)563-5494
WITH COURTESY COPY TO:

City of South Gate
Yodit Glaze, City Clerk
8650 California Avenue
South Gate, CA 90280
Email: yglaze@,sogate.org
TEL: (323)563-9510
5116863.1-L235.0
350
Agreement for Professional Services
CivicPlus, Inc.

TO CONSULT ANT:

CivicPlus
Attn: Legal Department
302 South 4"I Street, Suite 500
Manhattan, KS 66502
Email: legal@,civicplus.com
TEL: (888) 228-2233
6,22 Warranty of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign.

6.23 Consultation with Attorney. Consultant warrants and represents that it has consulted with an attorney or knowingly and voluntarily decided to forgo such a consultation.

6.24 Interpretation Against Drafting Party. City and Consultant agree that they have cooperated in the review and drafting of this agreement. Accordingly, in the event of any ambiguity, neither Party may claim that the interpretation of this Agreement shall be construed against either Party solely because that Party drafted all or a portion of this Agreement, or the clause at issue.

6.25 Responsibilities. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the service received by the City.

CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by City or any entity employed/contracted on the City's behalf. During project development, City will be responsive and cooperative with CivicPlus to ensure the project development is completed in a timely manner.

City agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-user's personal data on any service provided by CivicPlus. City further agrees that CivicPlus has no responsibility for the use or storage of end-users' personal data in connection with the services or the consequences of the solicitation, collection, storage, or other use by City or by any third party of personal data.

CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy (the "Privacy Policy" found at https://www.civicplus.com/privacy-policy"). CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of City data. Except (a) in order to provide the services; (b) to prevent or address service or technical problems in coru'iection with support matters; (c) as expressly permitted in writing by City; or (d) in compliance with our Privacy Policy, CivicPlus will not modify City data or disclose City data, unless specifically directed by City or compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete known malicious accounts without City 5116863.1-L235.0
351
Agreement for Professional Services
CivicPlus, Inc.

authorization.

6.25 Limitation of Liability. The liability of each Party arising out of or related to this Agreement, will not exceed the Annual Recurring Services amounts paid by City in the year prior to such claim of liability.

7. EFFECTIVE DATE. The effective date of this Agreement is October 25, 2022 and will remain in effect for an initial period of 1 year, and may be renewed as set fonh in the SOW, unless otherwise terminated in accordance with the terms of this Agreement. [Remainder of page left blank intentionally.]
5116863.1-L235.0
352
Agreement for Professional Services
CivicPlus, Inc.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATF,:

B7:

AI Rios, Mayor
Dated:

ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

CivicPlus:

B7:

Amy Vikander, Senior VP of Customer Success
Dated:
5]16863.1-L235.0
353

EXHIBIT A
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #:

Date:

Expires On:

Q-29107-1
9 /8/2022 9:35 PM
10 /31 /2022
Client:

SOUTH GATE, CALIFORNIA
Bill To:

SOUTH GATE, CALIFORNIA
S::,:":W.,ON Ph;one bscott;,:::,us.com DELIVERYMETHOD PAYMEWr;ETHOD QTY Product Name DESCRIPTION PRODUCT
TYPE
1 .00 CivicRec Premium Premium Package -Project Coordination -Branded Public Portal -Help Center Access -Access to Live Project Support -Named Implementation Consultant
One-time

4.00 CivicRec Virtual Training (Half
Day Block)
Training (Virtual) - half day, up to 4 hours One-time 1 .00 CivicRec Virtual Consulting (Half
Day Block)
Consulting (Virtual) - half day, up to 4 hours One-time 1 .00 CivicRec Annual Fee CivicRec Annual Fee Renewable I .00 CivicRec Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount Renewable
1 .00 CivicRec Pay - Authorize.Net CivicRec Pay - Authorize.Net 1 .00 CivicRec Pay Annual Fee -
Authorize.Net
CivicRec Pay Annual maintenance and support fee Renewable 1 .00 CivicRec Pay Implementation -
Authorize.Net
Includes setting CivicPlus Pay configuration, configuring CivicPlus products for accepting payments, advanced troubleshooting with our partner's support. a
One-time
1 .00 Memberships/Passes Import Memberships/Passes Import One-time I i -* n P: - - %/ - - P at Tyle_J I IC'rl CC nOC nlal Llbl I 'I IL;t. - I tidl I I Ul'aT tJ Q Ll ..) ..) , U O J . U U Total Investment - Year 1 USD 37,485.00
Annual Recurring Services - Year 2 USD 29,850.00
Total Days of Quote:365
V. PD 06.01 .2015-0048

354

1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the AGREEMENT FOR PROFESSIONAL SERVICES ("MSA"), to which this SOW is hereby attached as the CivicRec Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW.

2. This SOW shall remain in effect for an initial term of one year from October 25, 2022 ("Initial Term"). In the event that neither party gives 60 days' notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term ("Renewal Term"). The Initial Term and all Renewal Terms are collectively referred to as the "Term".

3. The Total Investment - Year 1 will be invoiced on October 25, 2022.

4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in year 3 of service. Client will pay all invoices within Net 30 days of the date of such invoice.

5. The Client's Annual Recurring Services Fees agreed upon herein are based on Client processing up to USD 2,000,000.00 of revenue per year ("Predicted Processing Volume"). Starting with the first Renewal Term of this SOW, CivicPlus reserves the right (but not the obligation) to audit Client once every 12 months to determine Client's actual processing volume ("Actual Processing Volume"). In the event Client's Actual Processing Volume exceeds the Predicted Processing Volume, CivicPlus will notify client within 30 days of the audit of the Actual Processing Volume and the applicable increase in the Annual Fees resulting from such Actual Processing Volume. The increase in the Annual Fees shall be implemented the first of the month following the notice.

6. For the purposes of obtaining merchant account services through CivicPlus Pay, Client may choose to utilize the designated merchant account for CivicRec through an integrated partnership with a merchant providers that is within CivicPlus's network ("Partner Network"). In the event Client chooses a merchant account from the Partner Network ("Integrated Partner"), Client will enter into a merchant account such Integrated Partner. Such agreement's terms and conditions will solely enure to the benefit and obligation of Client; CivicPlus shall not be a party to such agreement. In the event Client chooses an Integrated Partner merchant account provider, CivicPlus will provide Client and Integrated Partner contact information to the other party for contracting purposes, and shall integrate the Integrated Partner merchant account system at no additional charge to Client. If Client desires to use an integrated merchant account processor gateway besides one of the Integrated Partners designated as members of the Partner Network, CivicPlus will provide Client with a list of approved processors and an integration fee will be charged to Client. Client agrees to assume responsibility for ensuring execution of a merchant account contract with Client's select merchant account provider, to comply with all terms and conditions of such contract and pay all fees required to maintain the services. Client acknowledges that the fees set forth in this SOW do not include any transaction, processing or other fees imposed by Client's merchant account processor. Client is fully responsible for their relationship with their selected processor. In no event will CivicPlus: (i) take part in negotiations, (ii) pay any fees incumbent on the Client or merchant account, or (iii) acquire any liability for the performance of services of any chosen merchant account processor, including those in the Partner Network. Client acknowledges switching to a different merchant account processor after signing this SOW may incur additional fees and require a written and signed modification to this SOW. Client shall continue to be responsible for negotiating and executing any merchant account agreement as described herein for any additional merchant account processor changes.

7. When Client uses CivicPlus Pay, then Client may take online credit card payments for certain services or products they provide via the Client websites supported by CivicPlus. As such, through CivicPlus Pay, CivicPlus facilitates an automated process for redirecting credit card payments to Client's chosen payment gateways/ merchant account processors. For card payments, CivicPlus will redirect any payments processing to the Client's merchant account processor gateway, and the merchant account processor gateway presents the payment form page and processes the card payment. CivicPlus does not transmit, process or store cardholder data and does not present the payment form.

CivicPlus implements and maintains PCI compliant controls for the system components and applications that provide the redirection services only.

V. PD 06.01.2015-0048

355

8. Client understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any merchant account processor gateway provider selected by Client, whether such provider is an Integrated Partner or not.

Signature Page to Follow
V. PD 06.01 .2015-0048

356
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions.

IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below.

Client CivicPlus
By: By:

Name: Name:

Title: Title:

Date: Date:

V. PC 06.01 .2015-0048

357
"all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.

Contact Information
Organization URL
Street Address
Address 2
City State Postal Code
CivicPlus provides telephone support for all trained clients from 7am -7pm Central Time, Monday-Friday (excluding holidays).

Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates.

Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact E-Mail
Phone Ext. Fax
Billing Address
Address 2
City
Tax ID #
Billing Terms
Info Required on Invoice (PO or Job #)
State Postal Code
Sales Tax Exempt #
Account Rep
Are you utilizing any external funding for your project (ex. FEMA, CARES): or N [ Please list all external sources:

Contract Contact Email
Phone Ext. Fax
Project Contact Email
Phone Ext. Fax
V. PD 06.01 .2015-0048

358
j" " 'l
; affi A
tQ7
CMCREC

RECRE ATION M AN AOEMENT SOFTWARE
The City of South Gate,
California
Dressqted bl I Eian Scott, .?.ccount E i've
€ p CIVICPLUSa
359
€;a CIVICPLUS
September 22, 2022
James Markel, Recreation Supervisor
City of South Gate Parks & Recreation Department
4900 Southern Avenue
South Gate, CA 90280
RE: Recreation Management Software
Dear Mr. Markel:

Every interaction between a member of yobir community and your local government is an opportunity to create a positive civic experience. At CivicPlus, LLC (CivicPlus), our mission is to help make local governments work better. To do that, we build technology solutions to empower you and your staff to create digital interactions that are personalized, frictionless, and expedited. The CivicRec Recreation Management System (RMS) is both comprehensive and convenient to encourage resident engagement in your park facilities and recreation activities.

Because South Gate has unique values and goals for reaching out to your community, such as shelter or meeting room reservations, adult and youth sports activities, and annual pool passes, the CivicRec RMS will be tailored tomeet your specific needs. By partnering with CivicPlus, you'll receive:

Unlimited user licenses
Access to all CivicRec modules
Ongoing software updates
24/7/365 emergency support with secure hosting and maintenance With the CivicFlec RMS, your staff will have an easy-to-use suite of clorid-based tools that will simplify the way yourstaff works while creating an engaging experience for your residents.

Sincerely,

BRJAN REMPE
F'resident/CEO
civicplus.com i 302 South 4th Street, Suite 500 l Manhattan, KS [36502 i 888.228.2233 360
1 2
3 4
7 8
10 11
13 14
15 Executive Summary
Understanding the Project
Experience & Background
Proposed Parks & Recreation
Management Software
System Security
Proposed Project Work Plan
Training
Financial Arrangements
References
Conclusion
Apperidix: Meeting South
Gate's Requirements
361
Executive Summary
At CivicPlus, we liave. one goal: to empower the public sector to accomplisl'i impactful initiatives using innovative solutions that save them time while connecting them to the residents they serve. We began in 1998 when our Founder, Ward Morgan, decided to focus on helping local governments work better and engage their residents throcigh their web environment. CivicPlus continues to implement new technologies and services to maintain the highest standards of excellence and efficiency for our customers, including solutions For website design and hosting, parks and recreation management, emergency and mass communications, agenda and meeting management, 311 and resident relationship management, codification, and licensing and permits.

Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting has been instrumental in making us a leader in government web technology. We consider it a privilege to partner with municipal leaders and provide them with solutions that will serve their needs today and well into the future.

After carefully reviewing South Gate's request for proposal, we understand your requirements and believe we have developed an exciting solution to meet your needs. We have included more information about your requirements on pages 2 and T5.

Contact Information
Brian Scott
Account Executive
E: [email protected]
P' 785.370.1059
Primary Office
302 S. 4th Street, Suite 500, Manhattan, KS 66502 Rollll Rree. 888.228.2233 Fax 785.587.8951
4S.COln
Experience
20+ Years
12,000+ Customers
900+ Employees
Recognition
[!m
1l-time Inc.
5000 Honoree qovtecli.com/l 00
Technical Support
Recognized with
multiple, global
Stevie' Awards
for sales and
customer service
excellence
CfVtCREC
D r'. 2 4
362
Understanding the Project
Upon review, CivicRec feels that it can cover most of the requested functionality using out-of-the-box functionalityor alternative methods. It is the responsil:iility of South Gate to aSSeSS CivicRec to determine if it will meet theirneeds. For a complete response to each item indicating how we can specifically meet your needs, please see theAppendix on page 15.

CMCREC
363
Experience & Background
CivicPlus' focus has been and will always be to help local governments work better. Our web technology is dedicated to finding the right solutions for government technology. CivicPlus continues its commitment to provide exceptional customer service and innovative solutions that help bring the best user experience to our customers.

In 2017, CivicPlus invested over $4 million in research and development to continue enhancing and developing solutions for local government. The citilization of CivicPlus' products have provided local governments with the opportunity to reach over 75 million residents with online digital services. In the upcoming months, CivicPlus will continue to pus)> out enhancements to improve the user experience for both our customers and their online visitors.

As your partner, CivicPlus can help meet residents' expectations of instant access to information with outdated technology and limited resources. Our company is passionate about our mission to help make local government better. We know we aren't just providing software; we are helping build a trusted and long-term relationship between you and your residents tlirough our innovative technology. Collaborating with you throughout the process ensures we deliver the solution that is right for South Gate.

Over the past 20 years and thousands of projects, CivicPlus has honed and developed a proven process of delivering successful web solutions. During this time, we have focind that maintaining open lines of communication and collaborating with customers from beginning to end about goals, needs, and expectations helps shape a sustainable and strategic project. We strive to help local government streamline their daily work and better inform and connect their communities. With such experience, we are confident that we can provide the best solution forSouth Gate.

We know that every community is unique, and recreation departments have different services and goals. We tailor our solutions to meet your specific goals and expectations.

Project Team
From project management to development to tr-aining and support, a dedicated project team will assist you throughout the development process to ensure your project's success and your complete satisfaction. Our expert project leaders will coordinate qualified specialists wno will work directly with you throughout your proiectdevelopment and beyond. Your individual, dedicated Implementation Consultant, will be determined just prior to kickoff so we can be sure they will be available to begin your project immediately and work directly with you throughout the entire process. This ensures we deliver the attention and effort you need and deserve to achieve your vision of success.

CiVICREC
-, 3 -% IE ,
364
Proposed Parks & Recreation
Management Software
South Gate is seeking a recreation management
system tliat provides your staff and customers with the greatest service in the industry, both in person and online. CivicRec can provide you with an integrated, web-based, and hosted application recreation
management system that is comprehensive, efficient, and modern. You'll find our robust set of easy-to-use tools the most comprehensive solution to meet your needs.

Further, multiple product enliancements are released every year to continually develop and improve the product as a top priority. CivicRec is fully scalable to allow for future growth and is easily deployed to all functional areas. We want both our customers and your residents to experience a product that feels clean, is powerful, actively managed, and well-supported.

Activity Registration
Your staff can quickly create programs, indicate flexible pricing, attach waivers and prompts, and assign
instructors. Easily take registrations in-house or allow residents and non-residents to register securely on the device of their choice. Email branded receipts and permits after checkout. Our software utilizes load balanced servers and can be scaled to accommodate
any volume.

League Management
Athletics staff can easily create leagues, draft players, assess skills, and generate schedules. Sign-up is easy for teams or individuals. With the "Scores & Schedules" and "Parent/Player Portal," your public and league participants will have easy access to current league information.

Membership Management
Easily sell memberships or punch cards, take member photos, print cards or associate barcode key tags, and check peopleinto a facility. Leave credit and debit cards on file for future and recurring payments. Staff can see a history of the account's transactions.

Volunteer Management
CivicFlec's volunteer management tool creates,
manages, and organizes your volunteer opportunities.

Within the Activity module, you can create volunteer roles and assignments specific to events, classes, or activities. Residents can select and register for volunteer roles from home and CivicRec will assist in tracking the time volunteers spend helping around the community with completely integrated reporting for tracking purposes.

Facility Reservations
Easily take in-house and online reservations as well as reserve spaces for classes and sports with an integrated master
calendar to avoid
double bookings. It's
easy to see availability
with grid and map-
based views with
attached photos,
descriptions, and rental rates. Generate and email complex permits as well as include waivers, prompts, and forms for a complete checkout process.

CMCREC
pASE4
365
Reporting/Financial
Accounting
CivicRec has a very powerful reporting engine. There are over 100 canned reports. However, staff can
basically take any report and customize it to their liking. Filters and fields can be added and/or removed.

Reports can be sorted, saved, emailed, exported to Excel, or scheduled for regular delivery to any email address.

Ticketing
Easily generate general
admission tickets for events.

Public users will receive their
tickets and receipt, which
are always available in their
transaction history. Tickets
can then be printed or shown on their phone display to be scanned into our mobile or desktop check-in
screens.

Point of Sale
CivicRec's Point-of-Sale screen makes it easy for staff to quickly sell merchandise, enroll participants, and reserve facilities - all in the same cart! It even plugs right in with your cash drawers, barcode readers, receipt printers, and credit card readers. Integrated inventory control will tell you how many of each item are available at each of your locations.

Marketing/Brochures
CivicRec can produce an InDesign-friendly export that should facilitate the process of generating a brochure.

Further, CivicRec's social media tools serve as an additional marketing method allowing users to sliare via their social media with friends and family.

Email/SMS Blasts
There are several links within CivicRec that allow for email blasts. Many of our reports and roster views allow for mass mailings with just the click oT a button. The People Finder report is particularly handy for mailings based on several different filters. SMS messaging is available to facilitate those particularly time-sensitive notifications like cancellations.

Group Permission Levels
Customize your staff experience by creating access groups and setting permissions tailored to individual staff members' roles.

Surveys
Participants will automatically receive post-program surveys requesting feedback. This information is
captured and presented back to staff to help determine how your programming is being received.

Resident Dashboard/
Management
With CivicRec's intuitive public dashboard, residents can convenientty view notifications, upcoming events, tickets, and receipts. Family or organization members can be added with age and resident information for easy activity registrations. Administratively, your staff can manage user accounts in-house with tools like internal notes and flags as well as duplicate account prevention.

Mobile Ready
When users register
through CivicRec, they get
the same great experience
on their phone/tablet
that they're used to
experiencing on their
desktops. This mobile
responsive experience supports all the same waivers, prompts, discounts, and add-ons that the desktop
version does. There's QR code support as well as social networking integration to make it easy for your users to connect with you.

Hardware Compatibility
Customers may opt for a variety or hardware
peripherals to enhance the CivicRec experience.

CivicRec can be integrated with magnetic stripe
readers, barcode readers, thermal printers, cash
drawers and more. While CivicF2ec does not directly provide hardware, we are happy to assist with
procurement and implementation
CMCREC
P/!ISE 5
366
Credit Card Processing
CivicPlus Pay (Pay) is our integrated, secure, PCI- compliant, utility application. Local governments can use Pay within many of our solutions to enable seamless payment capabilities.

Pay acts as the connector to facilitate a transaction between the CivicPlus solution and the selected
payment gateway. Pay offers integrations with several common payment gateways to provide flexible payment solutions. CivicPlus has partnered with several
integrated gateways to enhance the customer
experience through a streamlined relationship between the CivicPlus solution and the gateway that processes the payments.

If a partner payment gateway is utilized by South
Gate, CivicPlus can assist with the jacilitation, set-up, support, and troubleshooting services. Pay can also integrate with many other supported gateway providers in addition to our partner network, on a more limited fashion, to assist you in developing a successful system.

Additional details on our approved partner network and other supported gateway providers is available upon request.

To utilize any of the approved gateways, an agreement will need to be executed directly between South Gate and the vendor, that will assess separate merchant account and transaction fees. Additional information can be provided upon request.

Because EMV and Card-Swipe devices are encrypted
specifically for individual payment gateways, you'll need to procure any required devices directly from your selected gateway provider for either purchase or rent.

We are happy to assist in your procurement of such Optional Integration
Development
CivicRec has developed integrations with a variety or parks and recreation related software systems. There are several integration capabilities that South Gate may choose to leverage. Integrations may require additional discussion and scoping. Since integrations can require custom development time, additional fees may apply.

Financial GL extract compatible with your financial system
ArcGIS for purposes of local resident determination Identity Provider (ldP) Integration for secure single sign-on
Lighting integration with Musco or SkyLogix lighting solutions
AudioEye Enterprise - ADA/WCAG Accessibility
Document Management
The CivicRec Document Management feature gives you the ability to request, store, and manage both non- secure/standard and secure (sensitive Pll) documents as part of the CivicRec activity checkout/registration experience. To benefit from this additional systemdevices. feature, additional fees will apply.

CMCREC
D A G' LJ o
367
System Security
Technical & Ongoing Support
Live technical support engineers based in the u.s.

Weekday business hours:7 a.m. - 7 p.m. (CST)
Contact via phone, email, and live chat
4-horir response during business hours
24/7 emergency technical support Tor named
points of contact
Self-Service CivicPlus Help Center for tutorials and user guides
Assigned customer success manager to ensure your
complete and ongoing satisfaction
Maintenance
Regular review of site logs, error messages,
servers, router activity, and the internet in general Full backups performed daily
Regularly scheduled upgrades, fixes,
enhancements, and operating system patches
Testing and Development
Hosting & Security
Hosting with Azure's geographically distributed
regions
Cloudflare Content Delivery Network
Amazon Aurora (Aurora) fully managed relational
database engine
24/7/365 system monitoring, system availability,
and performance
Server firewails, anti-virus scanning, IP fogging and filtering, and application security monitoring
Software updates and security patches
Disaster recovery with local, replicated servers and off-site encrypted backups
PCI Compliance with CivicPlus Pay - a Level1 PCI
DSS certified payment gateway
Award-Winning - @
CivicPlus' Technical Support Team has been
honored with one Gold Stevie0 Award,
three Silver Stevie@ Awards, and five Bronze
Stevie0 Awards, which are the world's
top honors for customer service, sales
professionals, and more.
2021SupportMetrics -@
Total Tickets-103,759
Average Chat Response - 3:48 Minutes
Average Phone Response - 7:57 Minutes
Customer Satisfaction Score - 95.7%
Solved in One Touch - 71.2%
CivicPlus Pay
Pay is a secure, PCI-compliant utility application
integrated within the CivicPlus Platform that local governments can use with their CivicRec solution.

With Pay, CivicPlus supplies a critical financial data transaction solution and enables secure resident and business payment transactions for any municipal
service, all within one trusted and integrated system.

CMCREC

PAGE '
368
Proposed Project Work Plan
Project Approach
During the Initiate and Analyze Phases, South Gate and the CivicRec Implementation Team will work
together to determine an ideal project plan based on your department's goals and contracted items. This includes, at minimum, determining the look and feel of your public page, configuring your accounting settings, importing GL codes, and setting up your payment
gateway. It may also include preparing data imports and/or integrations.

During the Design and Configure Phase, South Gate will learn the ins-and-outs of CivicRec through the four Core Curriculum Trainings and three Q&A /
Elective Sessions. Electives may include things like campgrounds, memberships, leagues, and front-line
training. Your CivicRec Implementation Consultant will train your team on the necessities of the system and tailor based on your specific needs. It is also expected that South Gate tests every item in their new catalog for practice and quality assurance. During this phase, it is important for South Gate to begin thinking about marketing tactics to promote your new online catalog.

After training is complete, South Gate enters the Optimize and Launch Phases, where you will work
with the CivicRec Implementation Team to prepare to launch. Both parties will help to ensure all requirements are met for a successful go-live. It will be up to the South Gate to determine when to open the catalog
to your community once all implementation tasks are complete.

Approximately two to four weeks after all
implementation requirements are complete, you will have one additional training/consulting engagement
with your Implementation Consultant to help support the transition. Once you are ready to launch to your community, you will place a link on your website to direct customers to your CivicRec catalog and our Technical Support Team will be ready to assist you with any questions you may have.

CivicPlus understands that South Gate staff is required to balance daily duties along with implementation. Our implementation approach takes this into account, and your timeline will be set according to your needs and may be modified upon discussion with your CivicRec Implementation Team.

Data Imports
A data import of all GL Codes is included in our
CivicRec Implementation Packages. Also included in your project is an import of all Memberships. CivicRec can also import certain data from your current
database to your new CivicRec Catalog, leveraging
our custom developed scripts and libraries. Additional data imports include User Accounts, Residency
Address Lists, Activities, Facilities, and Future Facility Reservations. To benefit from further data imports options, additional fees will apply.

CMCREC
P A G E .?
369
Premium Project Timeline
The following is a simplified example project plan. A typical Premium CivicRec implementation averages -16 weeks.After further scoping, we believe we can shorten the duration based on phasing-in and launching priority itemsto meet your December timeline if all deliverables are met and customer homework is completed. South Gate'sspecific timeline can be affected by additional training or integration needs, schedules and availability, pace oflearning, and a target launch date. Upon determination of your final scope, your CivicRec Implementation Team willbe able to share a complete and more detailed project plan specifically tailored to you.

PROJECTSTART
Initiate
PHJkSE 1
Project Initiation & Review
Project Timeline Review & Approval
Kickoff Deliverables
Kickoff Cal
Analyze
PHASE- 2
Payment Gateway Setup
Accounting Setup
GL Code Import
Prepare Data Imports
Prepare Public Page Design
o
*Design & Configure
Configuration Training & Testing
Facilities Training & Testing
Q&A / Elective Training & Testing
Activities Training & Testing
Q&A / Elective Training & Testing
Daily Operations Training & Testing
Q&A / Elective Training & Testing
Optimize
PHASE 4
Complete Catalog Testing
Complete Public Page Design
Remove Test Data o
Import Data
Launch
PHASE 5
System Implementation Closeout Meeting
Remove Trial Flag - Enables 100% Functionality
Transitioned to Dedicated Customer Success
Manager
Launch to Community
Post-Hand Off/Launch Q&A

GO LIVE
CMCREC
p A (', E 9
370
Training
Premium Training Plan
A Premium Training Plan covers the necessities of learning CivicRec: Configuration, Facilities, Activities, and Daily Operations and includes four additional training sessions based on the specific needs of your operation. One of these sessions is typically reserved a few weeks after implementation is complete, to answer any lingering questions or scenarios you encounter as you ramp-up going live to your community.

A Final review oT your system will occur during your Prep for Launch Meeting in which your team can ask any final questions before being hancled off to our Technical Support Team, so you are confident moving forward with your new system and all the resources available to you when implementation is complete.

CfVICREC
EASE llI,
371
Financial Arrangement
CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing is valid for 60 days from September 22, 2022.

CivicRec Implementation Annual Recurring Services
Proiect Coordination CivicFlec Recreation Management Software BrandedPublicPortal L"enS'ng
CivicPlus Pay Approved Payment Gateway Set-Up s Software Maintenance Including Service Patches WnhAuthor'ize.Net andSystemEnhancements
24/7 Technical Support and Access to the CivicPlusGLCodelmport Community Membersh'ps Import Dedicated Customer Success Manager Professional Services
Up to Four Hours of Virtual Consulting
Up to IB Hours of Virtual Training
CivicRec Reserves the Right to Reassess the
Historical Data and Transaction Volume Annually
to Ensure that the Annual Service Fees Accurately
Reflects the Transaction Volume Processed in the
Prior Year
YearlStandard List Price
YearlTotal Discount
Total Yearllnvestment
Year 2 Annual Recurring Services
($17,600)
$37,485
$29,850
Optional Project Enhancements:

We are confident in the ability of our proposed project to meet South Gate's main needs. However, we recommend the following additional enhancements that could positively impact your experience and goals:

Document Management
AudioEye Enterprise
Users Import
Residency Import
Activities Import
Facilities Import
Future Facility Reservations Import
CMCREC
p /', .Z; E I :
372
CivicPlus Project Pricing & Invoicing
CivicPlus prices on a per-project, all-inclusive basis (stated in u.s. dollars). This type of pricing structure eliminates surprise costs, tl'ie uncertainty of paying by the hour, and is overall more cost effective for our customers. )t provides you with a price based on the products and Teatures listed in this proposal that only varies if additional functionality, custom development, security, escrow requirements, or other design or project enhancements, outside of the included scope, are added prior to contract signing.

CivicPlus Offers:

Standard CivicRec Invoicing
100% of Yearl fees due at contract signing
First-year Annual Services Fee is included with your Not available with all CivicPlus products-please
contact your account executive for more details
Payment Gateway Account
Year 1 cost Your chosen payment gateway will collect and Subsequent annual invoicing occurs on the
anniversary of the contract signing date, and is
subject to a five percent technology fee uplift each year starting Year 3 of your contract
Customized Billing/lnvoicing
Other billing options can be discussed before
contract signing and, iT feasible, a plan developed disburse all credit card monies
If selected, any of our partner payment gateway
Vendors will conduct a rate analysis upon
discovery to provide the most competitive
percentage + fee per transaction rate
CivicPlus Pay integrates with several payment
gateways to provide maximum flexibility to our
that works For all parties customers' needs
We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes.

Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal (including all supporting, technical, or specification documents required for submittal with the current RFP) is intended as a non-binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide information on a proposed project we believe will meet your needs based on the information available.

If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance requirements as provided in the RFP before a final agreement is reached. We look forward to developing a mutually beneficial contract with South Gate.

CtVtCREC
+"/i G E 'i
373
References
Included are just a few examples of other government entities, similarin scope, which have utilized CivicRec.

Contact our customers and let them tell you about their experiences working with the product, our process, and how we met their expectations.
o
Irvine, California

ANGELA TAO, SENIOR MANAGEMENT ANALYST
E. [email protected]
D: 949.724.6 459
I Description: All-Inclusive modules licensing model with unlimited users, and 24/7 customer supportL o
Carlsbad, California

BONNIE ELLIOTT, SENIOR MANAGEMENT ANALYST
E: [email protected]
P: 760.434.2865
(:ieSaRpt!ori: All-Inclusive modules licensing model with unlimited uSerS, and 24/7 customer supporr r-O
' Redding, California

ANGIE IIDSTER, PROJECT COORDINATOR
E' [email protected]
P' 530.225.4594
Desrr:pqic'c. All-Inclusive modules licensing model with unlimited users, and 24/7 customer supportL CMCREC
P A U E 'i E
374
Conclusion
South Gate is seeking a fully hosted RMS to provide your staff and customers with the greatest service in the industry. The City wants to provide its residents with excellent customer service both in person and online with the use of an RMS software that helps with daily administrative tasks such as activity registrations, facility reservations, memberships, point-of-sale, payment
t ...
processing, and customized reporting.

Our solution has been specifically developed for parks and l recreation. We will provide you with an integrated, web- based, and hosted application recreation management system that is comprehensive, efficient, and modern.

Your team will be empowered to manage memberships, instructors, sports leagues, and ticketing. You'll be able to share accurate data with local government with our accounting tools, reports, and financial integrations. For residents, the public portal allows users to track activities, reserve facilities, and more - and the responsive design displays seamlessly on any device.

A South Gate and CivicPlus partnership will save you time and money with a solution tor your community to find what they need and when they need it.

Robust
The complete solution needed to run an efficient organization. There is no need to pick and choose as all modules and future releases are included.

Modern & Intuitive
From the resident dashboard to built-in marketing tools, CivicRec's all-in-one solution was built from the ground up specifically for local government.

Custom Experience
The responsive design ensures that the public portal is optimized for any device.

CMCREC
FI A t,"' 1. u'
375
Appendix: Meeting South Gate's
Requirements
Below is a complete description of how CivicRec can meet South Gate's specified requirements.

For all requested functionalities which CivicRec has stated are covered as an out-of-the-box functionality or can be achieved using an alternative method, it is the responsibility of South Gate to asseSs CivicRec to determine if it will meet their needs.

Mandatory Functions and System Requirements

1. Facility Reservation and Scheduling
CivicRec can achieve all of the requested functionality through out-of-the box functionality or using an alternative method, with the exception of scheduling maintenance time by City staff.

2. Program Registration
CivicRec can achieve all of the requested functionality through out-of-the box functionality or using an alternative method.

Physical documents can be collected from participants/customers through the use of the Document Management functionality and is not included in the base price of CivicPec. Document Management is an additional functionality that is not currently included in the scope of work for this project.

3. Membership Management and Tracking
CivicRec covers the requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet their needs for the following requests: sell and manage memberships in person and online, allow memberships to be both seasonal and/or monthly. Customers may check in with the use of a barcode on a key fob or membership card or through their name. Current standard reports include several configurable reports for memberships, including, but not limited to, check-in reports, revenue/ transaction reports, active memberships, and balances due/invoicing reports. All reports can be exported to Excel. CivicRec currently has the ability to manage private lessons and personal training through the use of other modules. CivicRec includes several marketing components including the ability to create and export templates for a brochure import to In-Design, formattable emails for newsletters and communication, text messages for quick alerts, and connections to Social Media outlets.

Functionality to address the foilowing need is not planned for the CivicRec solution and would require development to meet your stated needs. The cost for development of the stated functionality is not included in our proposed pricing and would need to be contractually agreed upon between parties if escalated priority development is included in the final agreement: CivicRec does not currently have the functionality for digital membership cards or fitness tracking, and progress.

Depending on the payment gateway chosen by the City, CivicRec does have the ability to store cards on file and set up automatic payments for monthly memberships. Please see the list of partnered and supported integrated payment gateways and their respective functionalities here: https//www.platform.civicpliis.heip,/tic,/ en-us/articles/1 500005636262-Inteqrated-Gateways
CMCREC
376

4.PointofSale
CivicRec covers the requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine iT it will meet their needs.

5. Financial Reportmg and Cash Drawer Functions
CivicRec covers the following requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for tliis functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet their needs: GL Code, revenue, financial transaction tracking for activities and reservations, and daily close out reports.

CivicRec provides several templated export options in the form of either.CSV or.TXT files to assist in transferring financial data from CivicRec into the financial software utilized by the customer. Templated extracts are included with the purchase of CivicRec. In the event none of the templated extracts work for the customer, CivicRec offers the option to purchase a custom financial extract built by the CivicRec team.

Depending on your organizational needs, additional information will be required before the development can be agreed to. The final scope of any such development is solely at the discretion of CivicPlus, future business priorities and requirements, and development capacity.

6. Credit Card Processing
Depending on the payment gateway chosen by the City, CivicRec does have the ability to store cards on file, take card transactions both in person and online, refunds directly back to the card used to make the payment, and set up automatic payments for monthly memberships. Please see the list of partnered and supported integrated payment gateways and their respective functionalities here: l'ittps://www.platform.civiclMis.help/iic/ en-us/articlesll500005636262-Inteqrated- Gateways
CivicPlus does not store credit card information. Depending on the chosen payment gateway, stored payment methods on file may be an option. If this is the case, the payment gateway passes back a secure token, and no credit card information is stored within CivicRec. CivicRec and all third-party payment gateways are level 1 PCI compliant.

Transaction fees are not negotiated through CivicPec or a part of the CivicRec contract. Fees are to be negotiated independently between the City and the payment gateways directly.

7. Online Registrations and Payments
CivicRec covers the Following requested functionality using out-of-the-box functionality or an alternative method. As no Further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet their needs: user-friendly online interface for its registration, facility reservation, and membership transactions. CivicRec is a mobile compatible web-based system that provides a user-friendly experience from any device with access to the internet and a web-browser. CivicRec's preferred browser is Google Chrome.

CivicRec allows for photos and hyperlinks to be added into descriptions where the City can include their brochure. CivicRec also allows the City to create export templates for the use of exporting information from CivicRec to products such as In-Design to assiSt with brochure creation.

CivicPec currently offers free integrates with CivicEngage Central, the CivicPlus hosted website APIs are available to the City after the purchase of the product if they wish to utilize them for their website.

CMCREC
p -% t3 E ! ,;
377

8. Online Facility Reservation and Avaitability
CivicRec covers the requested functionaliry using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet their needs.

9. Customer Database Management and Reporting
CivicRec does not currently offer a way to collect marketing data or statistics. However, CivicRec can embed a Google Analytics code into the internal side of the product to track data. Data points and control of what can and cannot be tracked are managed by Google Analytics, not CivicRec.

CivicRec covers the following requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assesS CivicRec to determine if it will meet their needs: core customer database with flexible search capabilities, custom fields to capture unique customerinformation outside of the standard fields, and reports (such as the People Finder) that can report on account information and can be configured with a variety of filters and fields and exported to Excel. Some account APIs are available to the City after the purchase or the product to use.

10. Informed Consent/liability Waiver Acknowledgement, Archiving, and Management CivicRec covers the requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet their needs.

CivicRec does not delete any data unless requested by the City to do so. The most recent digital signature for each type of waiver will be available for "quick view" by the staff within CivicRec. In an instance where the City requires a copy of the physical signature of a waiver that is not the most recent, the City can submit a request to their Customer Success Manager to get a copy of whichever waiver they need.

Desirable Features

11. League Scheduling
CivicRec covers the requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet their needs.

12. Maintenance Scheduling
Functionality to address this need is not planned For the CivicRec solution and would require development to meet your stated needs. The cost for development of the stated functionality is not included in our proposed pricing and would need to be contractually agreed upon between parties if escalated priority development isincluded in the final agreement.

13. Marketing and Communicarion
CivicRec covers the following requested functionality using out-of-the-box functionality or an alternative method. As no further development is being considered for this functionality, it is South Gate's responsibility to assess CivicRec to determine if it will meet tlqeir needs: email receipts with course registration, Facility rental, and membership information. CivicRec can also automatically send surveys and collect responses internally, which can be reported on. CivicRec also allows the City to create export templates for the use of exporting information from CivicRec to products such as In-Design to assist with brochure creation.

CMCREC
r A 13 E 17
378
Functionality to address the following needs is not planned for the CivicRec solution and would require development to meet your stated needs. Cost for development of the stated functionality is. not tncluded in our proposed pricing and would need to be contractually agreed upon between parties if escalated priority development is included in the final agreement: text receipts, automated newsletters, email reminders for appointments, program start dates, outstanding or unfinished registration material, renewal, and registration dates.

Web-Hosted System
The proposed system may be a hosted web-based system (preferred) or a server based on site system. If thesolution is a server-based system, the vendor must specify the necessary hardware and software platform indetail.

CivicRec is a web-based system and is considered hardware agnostic. Third-party payment gateways will have specific requirements regarding hardware for their specific gateway. Please see the following articles regardingrecommended hardware from CivicRec and the payment gateways.

CivicRec Hardware Recommendations: ht'ips:/7wwiiv.civicrsc.civicplus.lielp/lic/en-cis/articles/115004564114- Hardware-Recommendatior.s
Third-Part,l GatewaV Hardware ReCOmmendaionS: m'fpS://wWW.plafOl'nl.CiViCplLis.help/11C/en-LIS/ articles/l 500005638302-Gatevvay-Hardwa re-Overview
Other Features
CivicRec has the ability to offer and track scholarship funds. Scholarship funds can be added to specific account members or the entire account with funds for designated programming.

CivicRec can offer volunteer opportunities to help take volunteer sign-ups, track volunteer hours, and assign volunteer duties.

CivicRec offers unique integration with AudioEye, an industry leading ADA solution. AudioEye can be integrated with the CivicRec solution to assist in achieving ADA WCAG 2.1 AA Compliance and to provide accessibility tools for your site: https:7/www.civicplus.con'i/aixlioeye/civicrec/diqital-accessil:iility-compliance. Integrationswith AudioEye can be implemented at an additional one-time cost.

CivicRec offers the optional functionality of Document Management. The CivicRec Document Management feature allows you to request, store, and manage both standard and secure (Pll/PHI) documents as part of the CivicRec activity checkout and registration experience. The functionality is integrated into CivicRec and does not require a third-party software. Document Management is offered as an optional enhancement that incursadditional costs.

Compatibility
CivicRec is a web-based software and offers a user-friendly experience from any tablet, phone, or computer with access to the internet, whether that be data, WiFi, direct connection, or a web-browser. CivicRec has themost functionality with Google Chrome.

C'tvicRec covers the requested functionality using out-of-the-box functionality or an alternative method. AS no further development is being considered for this functionality, it is South Gate's responsibility to assessCivicRec to determine if it will meet their needs.

CMCREC
: A 'S E l E
379
ClTYMANAalR'80FFiCE Item No. 13
ocr IB 2022
4(rytu- City of South Gate

CITY COUNCIL

AGENDA BNLL
For the Regular Meeting of October 25, 2022
Originating Department:
nepartmentnirector: > t-picpvs'A r citvuanager:

Darren Arakawa L)7chris,z4ers
SUBJECT: PROPOSED USE OF THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) 2022-2023 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM

GRANT FUNDS (STEP)
PURPOSE: To approve the use of the STEP funds in the amount of $175, 000 for overtime, equipment, and training expenses.

RECOMMENDED ACTIONS: The City Council will consider:
a. Authorizingutilizationofthe2022-2023 SelectiveTrafficEnforcementProgram("STEP") Grant Funds in the amount of $175,000 for overtime, equipment, and training expenses; and
b. Increasing the Fiscal Year 2022/23 revenue projection in Account Number 236-556 (Law Enforcement Grants - OTS Grant) to $1 75,000; and
c. Amending the Fiscal Year 2022/23 Law Enforcement Grants Fund Budget by appropriating $175,000 as follows: $8,000 to Account Number 236-556-21-5110 (Overtime-Regular); $105,191 to Account No. 236-556-21-5111 (Overtime Sworn); $1,641 to Account Number 236-556-21-5220 (Medicare); $57,564 to Account Number 236-556-21-6204 (Small Tools and Equipment) and $2,604 to Account No. 236-556-21- 6340 (Training) for overtime, equipment, and training expenses; and d. Authorizing the Mayor to execute the STEP Grant Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund and no requirement for the City to match the grant funds. The total amount of funding that has been allocated to the City for FY 2022/23 is $175,000.

ANALYSIS: The South Gate Police Department submitted a grant application to the State of California Office of Traffic Safety ("OTS") for the STEP in early 2022. In September 2022, the OTS awarded the South Gate Police Department $175,000 for overtime, equipment, and training expense.

BACKGROUND: The OTS strives to provide funding assistance to agencies with the greatest 380
need. The grants are awarded on a competitive basis, and a comprehensive evaluation is part of the application review process. OTS evaluates applications using several criteria, including but not limited to; the potential traffic safety impact of proposed activities; local collision statistics, and OTS rankings; the seriousness of identified problems; perfon'nance on previous grants; proportionality of funding requested with identified traffic safety problems; and the value of the funding requested for the proposed activities.

In early 2022, the South Gate Police Department submitted a grant proposal to OTS seeking grant funding to impact traffic and record reporting related issues in the City. The goal of the STEP program will be to reduce the number of persons killed and injured in traffic collisions because of alcohol and other collision factors. Using best practices, the South Gate Police Department intends to impact these issues through DUI Checkpoints and saturation patrols, warrant service operations, surveillance operations, and educational awareness programs. The program will also focus on speeders, distracted drivers, seat belt enforcement, operations at intersections where there are a disproportionate number of traffic collisions, and special operations that encourage motorcycle safety.

ATTACHMENT: STEP Agreement
381
State of California - Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT23177

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY
South Gate

3. Grant Period
From: '10/01/2022
To: 09/30/20234. AGENCY UNIT 'ro ADMINISTER GRANT
South Gate Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. FederalFundsAIIocatedUnderThisAgreementShallNotExceed: $175,000.00 7, TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
* Schedule A - Problem Statement, Goals and Objectives and Method of Procedure * Schedule B - Detailed Budget Estimate and Sub-Budget Estimate (if applicable) * Schedule B-I - Budget Narrative and Sub-Budget Narrative (if applicable) * Exhibit A - Certifications and Assurances
@ Exhibit B" - OTS Grant Program Manual
* Exhibit C - Grant Electronic Management System (GEMS) Access 'Items shown with an asterisk ("), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.qov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANTDIRECTOR B. AUTHORIZINGOFFICIAL
NAME: James Chavez ADDRESS: Darren Arakawa
TITLE: Lieutenant ChiefofPolice
EMAIL: [email protected] [email protected]
PHONE: (323)383-2792 (323)563-5408
ADDRESS: 8620 California Avenue 8620 California Avenue South Gate, CA 90280-3004 South Gate, CA 90280-3004
gpn:):Q.":in':iy riwratvsrsbsnr Qpn7Q'>ni":r
-'-'---- I o-"-"-"""""
g*-i5a4 Ij 1011 nt ni*nii ** H ##, ****
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Kristopher Ryan Aoopit_ss: Barbara Rooney
DirectorofAdministrativeServices Director
[email protected] [email protected]
(323)563-9524 (916)509-3030
8620 California Avenue 2208 Kausen Drive, Suite 300
South Gate, CA 90280-3004 Elk Grove, CA 95758
.<-b,,t-7 Sep:2E1,2022 fA9-=-3_ Sep30,2022
(Signature) (Date) (Signature) (Date)
9/20/2022 3:54:31 PM Page 1 of 18 3
382
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
NAMEI Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

9. SAM INFORMATION
SAM#: WL7DME3FJSW4

REGISTERED
ADDRESS: 8650 California Ave
CITY: South Gate
Zip+4: 90280-3004

10. PROJECTED EXPENDJTURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $115,000.00 402PT -23 20.600 0521-0890-101 2022 43/22 BA/22 $60,000.00

AGREEMENT
TOTAL $175,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
$175,000.00ICERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

OTS ACCOUNTING OFFICER'S SIGNATURE
C,.f V.

DATE SIGNED
Sep 28, 2022

TOTAL AMOUNT ENCUMBERED TO DATE
$175,000.00
9/20/2022 3:54:31 PM Page 2 or 18 4
383
OITYMANAflER'S OFFICE Item No. 14
O(,T- 1 B 2022
jO:60gm., City of South Gate

CITY COUNCIL
AGIENIDA IBT[LTL,
For the Regular Meeting of: October 25, 2022
Originating Department:

Darren Arakawa
(\;7effers
SUBJECT: PROPOSED USE OF 2020 HOMELAND SECURITY GRANT PROGRAM (SHSP) DIRECTLY TO THE CALIFORIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (CAL OES) FOR THE 2020 STATE HOMELAND SECURITY PROGRAM (SHSP), FAIN #037-00000, FEDERAL AWARD DATED OCTOBER 23, 2020, WITH A PERFORMANCE PERIOD OF SEPTEMBER 1, 2020, TO MAY 31, 2023 PURPOSE: To approve the use of 2020 SHSP 'funds in the amount of $14,185 to enhance capabilities to prevent, respond, and recover from threats or acts of terrorism.

RECOMMENDED ACTIONS: The City Council will consider:
a. Authorizing utilization of 2020 Homeland Security Grant Program Funds in the amount of $14,185 for law enforcement training to address civil unrest, crowd control and active shooters; and
b. Increasing the Fiscal Year 2022/23 revenue projection in Account Number 232-541 (Law Enforcement Grants - Homeland Security Grant) to $14,185; and c. Amending the Fiscal Year 2022/23 Law Enforcement Grants Fund Budget by appropriating $14,185 to Account Number 232-541-21-6340 (Law Enforcement Grants- Homeland Security Grant - Training); and
d. Authorizing the City Manager to execute the State Homeland Security Grant Program Subrecipient Agreement for Grant Year 2020.

FISCAL IMPACT: There is no fiscal impact to the General Fund and no requirement for the City to match these grant funds. The total amount of funding that is allocated to the City for Fiscal Year 2022/23 is $14,185.

ANALYSIS: None
BACKGROUND: The U.S. Department of Homeland Security through the Office of Grants and Training has provided financial assistance for the SHSP directly to the California Governor's Office of Emergency Services (Cal OES) for the 2020 SHSP, FAIN #037-00000, Federal Award dated October 23, 2020, with a performance period of September 1, 2020, to May 31, 2023. 1 384
Cal OES is providing these funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee. Cal OES is responsible for managing and overseeing the SHSP funds that are distributed to municipal jurisdictions within Los Angeles County. This specific financial assistance is being provided to the South Gate Police Department to address communication equipment, training, and needs of the department to assist in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism.

The County of LOS Angeles aS a Subgrantee has obtained approval of the 2020 SHSP grant from Cal OES in the total amount of $10,593,612 and the South Gate Police Department has been allocated inds in the amount of $14,185.

ATTACHMENT: 2020 Homeland Security Grant Program Subrecipient Agreement 2 385
State Homeland Security Program
Subrecipient Agreement
Grant Year 2020
Between the
County of Los Angeles
and the
City of South Gate
3 386

SUBRECIPIENT AGREEMENT

BETWEEN THE

COUNTY OF LOS ANGELES

AND THE

CITY OF SOUTH GATE
THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles"), and the City of South Gate, a pubiic agency (the "Subrecipient").

WITNESSETH
WHEREAS, the u.s. Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G&T), has provided financial assistance for the State Homeland Security Program (SHSP), Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number ) 97.067 - Homeland Security Grant Program directly to the California Governor's Office of Emergency Services (Cal OES) for the 2020 SHSP, Federal Award Identification No. 037-00000 Federal Award dated October 23, 2020 with a performance period of September 1, 2020 to May 31, 2023. This Federal Award is not a R&D award; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to, and recover from threats or acts of terrorism; and
WHEREAS, the County of Los Angeles as Subgrantee has obtained approval of the 2020 SHSP grant from Cal OES in the totai amount of $1 0,593,612.00; and WHEREAS, the CEO now wishes to distribute 2020 SHSP grant funds to the Subrecipient in the amount of $14,185.00, as Further detailed in this Agreement; and WHEREAS, the CEO is authorized to enter into subrecipient agreements with cities providing for re-allocation and use of these funds; and to execute all future amendments, modifications, extensions, and augmentations relative to the subrecipient agreements, as necessary; and
WHEREAS, the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on July 20, 2021 authorized the CEO to prepare and execute this Agreement.

387
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:

SECTION I

INTRODUCTION
§10I. PartiestothisAqreement
The parties to this Agreement are:

A. County of Los Angeles, a political subdivision of the State of California, having its principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, CA 90012; and
B. City of SOUTH GATE , a public agency, having its principal office at 8650 CALIFORNIA AVE, SOUTH GATE, CA 90280
§102. RepresentativesofthePartiesandServiceofNotices
A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications must be given are as follows:

The representative or the County of Los Angeles is, unless otherwise stated in this Agreement:

Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
[email protected]
Melissa Tarver
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-3338
Fax: (213)687-3765
[email protected]

388

2. The representative o( Subrecipient is:

Name and Title: DARREN ARAKAWA, CHIEF OF POLICE
Organizational [1)UNS
Number 082201310
Address: 8620 CALIFORNIA AVE
City/State/Zip: SOUTH GATE, CA 90280
Phone: 323-563-5408
FAX: 323-563-5488
Email: [email protected]
With a copy to.a
Name and Title: YODIT GLAZE
Address: 8650 CALIFORNIA AVE
City/State/Zip: SOUTH GATE, CA 90280
Phone: 323-563-9511
FAX: 323-563-5411
Email: [email protected]
B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery, regular u.s. Postal mail service and/or e-mail. In the event of personal delivery or email, the message will be deemed communicated upon receipt by the County of Los Angeles. In the event of mail service, the message will be deemed communicated as of the date of mailing.

C. )f the name and/or title of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice must be given, in accord with this section, within five (5) business days of said change.

389
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed, an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Subrecipient must not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted:

A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A and made a part hereof,in accordance with §411.A.14 of this Agreement.

Subrecipient must also Tile a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient.

B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §41 1.A.12 or this Agreement.

C, Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and made a part hereof,in accordance with §411.A.13 of this Agreement.

D, Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §41 1.C of this Agreement.

SECTION II

TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 2020 to February 28, 2023, unless the County of Los Angeles, with Cal OES approval, provides written notification to the Subrecipient that the performance period has been extended, in which case the performance period will be so extended by such written notification, as provided in §502, below.

390
§202. Use of Grant Funds
A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the 2020 SHSP, which has been approved by Cal OES. This information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E.

Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and submitted to CEO for approval. If during the County of Los Angeles review process, additional information or documentation is required, the Subrecipient will have ten (10) business days to comply with the request. If the Subrecipient does not comply with the request, CEO will issue written notification indicating that the requested modification will not be processed. Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term or this Agreement. Upon approval, all other terms of this Agreement will remain in effect.

Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines.

B. Subrecipient agrees that grant funds awarded will be used to supplement existing Funds for program activities, and will not supplant (replace) non-Federal funds.

C. Subrecipient must review the Federal Debarment Listing at https://www.sam.qov/SAM/paqes/public/searchRecords/search.jsf prior to the purchase of equipment or services to ensure the intended vendor is not listed and also maintain documentation that the list was verified.

D. Prior to the purchase or equipment or services utilizing a sole source contract or the receipt of single bid response of $250,000.00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in writing must be obtained prior to the commitment of funds.

E. Subrecipient must provide any certifications or reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement, including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles, and must be provided by the fifteenth (1 5'h) of the following month. Subrecipient is required to complete any survey requests requested by the County of Los Angeles. Subrecipient must also submit completed Project Claims for reimbursement immediately or a minimum on a quarterly basis, and no later than the date stated in §201, above.

F. Subrecipient must provide an electronic copy or their Annual Single Audit Report, as required by 2 CFR Part 200, to CEO no later than March 31S' (fiscal year ending June 30) or June 30'h (fiscal year ending September 30) of the year following the reporting period.

391
G. Suj:irecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements. The County of Los Angeles anticipates that said monitoring may include, at a minimum, one on- site visit during the term of this Agreement. Monitoring wili utilize a Review Instrument (sample attached hereto as Exhibit H, and subject to periodic revisions) to evaluate compliance.

H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30) days of any audit finding.

I. Subrecipient use of the Los Angeles Regional Interoperable Communication System's Motorola Solutions, Incorporated Land Mobile Radio System Contract to purchase equipment is unallowable unless the Subrecipient can clear1y demonstrate to CEO it meets one of the four federal exceptions to necessitate a noncompetitive procurement before issuance of any contract, amendment, or purchase order.

J. Subrecipient shall not use grant Funds to purchase, extend, or renew any Telecommunications and Video Surveillance services and equipment as substantial or essential component of any system, or as critical technology as part of any system which the Secretary of Defense, in consultation with Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an owned, controlled by, or connected to the People's Republic of China such as and not limited to Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

K. Any equipment acquired pursuant to this Agreement must be authorized in the G&T Authorized Equipment List (AEL) available online at https://www.fema.qov/authorized-equipment-list and the Funding Guidelines of the 2020 SHSP Notice of Funding Opportunity, incorporated by reference, and attached hereto as Exhibit F. Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements and any added Cal OES requirements. Federal procurement requirements For the 2020 SHSP can be found at Title 2 CFR Part 200.313.

Any equipment acquired or obtained with Grant Funds:

1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction or the applicant;

392

2. Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan;

3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan.

L. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200.313. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5,000.00 or more per unit. Items costing less than $5,000.00, but acquired under the "Equipmenf' category of the Grant must also be listed on any required Equipment Listing.

1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency.

2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by the awarding agency.

3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds. The Equipment Listing must be kept up to date at all times. Any changes must be recorded.in the Listing within ten (10) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division.

The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title, (e) the acquisition date, (f) and cost of the property, (g) percentage of Federal participation in the cost of the property, (h) the location, (i) use and condition of the property, (j) and any ultimate disposition data including the date of disposal and sale price of the property. Records must be retained by the subrecipient pursuant to Title 2, Part 200.313 (d) (1 ) or the CFR.

4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical, must be affixed where it is readily visible.

393

5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors or County of Los Angeles monitors. The Subrecipient is required to have on Tile a letter certifying as to the accuracy of the Equipment Listing in the frequency as above, and provide to the CEO when requested.

M. Any Planning paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F or subsequent grant year programs.

N. Any Organization activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

0. Any Training paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by Cal OES. A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertraininq.gov/'frts/.

P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F. Detailed Home)and Security Exercise and Evaluation Program Guidance is available at https://www.fema.qov/hseep.

Q. Any Personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in Exhibit F.

R. Subrecipient must provide to CEO a spending plan detailing the required steps and timeframes required to complete the approved projects within the grant timeframe. Subrecipient must submit the spending plan to CEO prior to final execution of the Agreement.

S. Pursuant to this Agreement, indirect costs are not reimbursable.

SECTION Ill

PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $14,185.00 as expenditures are incurred and paid by Subrecipient and all documentation is reviewed and approved by County of Los Angeles. All expenditures must be for the purchase of equipment, exercises, training, organization, and planning as described in Section II of this Agreement. The

394
grant amount represents the amount allocated to Subrecipient in the 2020 SHSP Grant Award Letter From Cal OES.

B. Subrecipient must submit reimbursement requests to the County of Los Angeles A-C Shared Services Division requesting payment as soon as a Project is completed and expenses are incurred and paid with the required supporting documentation; submission can be sent immediately or at a minimum on a quarterly basis, and no later than the date stated in §201, above. Each reimbursement request must be accompanied by the Reimbursement Form (sample attached hereto as Exhibit G, and subject to periodic revisions). All appropriate back-up documentation must be attached to the reimbursement form, including the method of procurement, bid documentation, purchase orders, invoices, report of goods received, and proof of payment.

For Training reimbursements, Subrecipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES and that a Cal OES Feedback number has been assigned to the course, and timesheets and payroll registers for all training attendees.

For Exercise reimbursements, Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the reimbursement request.

For Planning reimbursements, Subrecipient must include a copy of the final tangible product.

C. The County of Los Angeles may, at its discretion, reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission, inquiry From the County of Los Angeles to the Subrecipient regarding fund utilization, or by written notification From the Subrecipient to the County or Los Angeles that a portion of the grant funds identified in §301.A., above, will not be utilized. As provided in §502, below, any increase or decrease in the grant amount specified in §301.A., above, may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

D. Payment of reimbursement request will be-withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement.

E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein.

F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program, the Agreement may be

395
terminated, or appropriately amended, immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds.

2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non-appropriation at the earliest time.

SECTION IV

STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to, affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement will be construed according to its Fair meaning and not strictly For or against either party. §402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the United States or America, the State of California, and the County of Los Angeles.

This Agreement will be enforced and interpreted, as applicable, under the laws of the United States of America, the State of California and the County of Los Angeles.

If any part, term or provision of this Agreement is held void, illegal, unenforceable, or in conflict with any law of a Federal, State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby.

Applicable Federal or State requirements that are more restrictive will be followed.
§403. Inteqrated Aqreement
This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for

396
herein except that in all events, no party may recover more than once, suffer a penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the written permission of the County of Los Angeles:

A. Assign or otherwise alienate any or its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient further certifies that it will immediately notify the County of Los Angeles of any suspension, termination, lapse, non-renewal or restriction of licenses, certificates, or other documents. §407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the County of Los Angeles. In performing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status or medical condition.

Subrecipient must comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

If required, Subrecipient must submit an Equal Employment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with guidelines listed at https://www.justice.gov/crt.

Any subcontract entered into by the Subrecipient relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this §407 of this Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision is written in contemplation of the provisions of Section 895.2 or the Government Code of the State of California, which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement,

397
and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq. is deemed to apply to this Agreement. The parties hereto, as between themselves, consistent with the authorization contained in Government Code Sections 895.4 and 895.6 agree to each assume the Full liability imposed upon it or upon any of its officers, agents, or employees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2.

To achieve the above-stated purpose, each party agrees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreement (i.e., the Subrecipient agrees to indemnify and hold harmless the County of Los Angeles For liability arising out or the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as iT fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or agents may participate in selecting, or administrating, any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire For personal gain for themselves or others such as Family business, etc.; or where such person knows or should have known that:

1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract;

2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or

3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. iF such person were a public officer, because such person would have a "financial or other interest" in the subcontract.

B. Definitions:

The term "immediate family" means domestic partner and/or those persons related by blood or marriage, such as husband, wife, father,

398
mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law.

2. The term "financial or other interest" means:
a. Any direct or indirect financial interest in the specific contract, including but not limited to, a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body.

C. The Subrecipient further covenants that no officer, director, employee, or agent may solicit or accept gratuities, favors, or anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent).

D, The Subrecipient may not subcontract with a former director, officer, or employee within a one-year period following the termination of the relationship between said person and the Subrecipient.

E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise, direct or indirect, of the Subrecipient or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees.

F. For further clarification of the meaning of any oF the terms used herein, the parties agree that references are made to the guidelines, rules, and laws of the County of Los Angeles, State of California, and Federal regulations regarding conflict of interest.

G, The Subrecipient warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement.

H. The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter.

I, The Subrecipient must incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this grant and must

399
substitute the term "subcontractor" for the term "Subrecipient" and "sub subcontractor" for "Subcontractor".
§4"lO. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250 et seq.).
§41 1. Statutes and Requlations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State, Federal, and County of Los Angeles laws, executive orders, reguiations, program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

1. CFR
Subrecipient must comply with Title 2 CFR Part 200.

2. Single Audit Act
Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable, adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act.

3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42, USC §§12101 et ., and its implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act.

Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph.

4. Political and Sectarian Activity Prohibited

400
None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or deTeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity.

Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrecipient. Subrecipient must require that the language o( this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly.

Records Inspection
At any time during normal business hours and as often as either the County of Los Angeles, the u.s. Comptroller General or the Auditor General of the State of California may deem necessary, Subrecipient must make available For examination all or its records with respect to all matters covered by this Agreement. The County of Los Angeles, the u.s.

Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's method of procurement, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement.

Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement.

Records Maintenance
Records, in their original form, must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The County of Los Angeles may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles.

401
Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts.

Subrecipient must, as applicable, ensure that the terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecipient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement.

Labor
Subrecipient must, as applicable, comply with the Intergovernmental Personnel Act of 1970 (42 u.s.c. §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 CFR 900, Subpart F).

Subrecipient must, as applicable, comply with the provisions of the Davis- Bacon Act (40 u.s.c. §§276a to 276a-7); the Copeland Act (40 u.s.c. §276c and 18 U.S.C. §874); the Contract Work Hours and Safety Standards Act (40 u.s.c. §§327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §§1501-1508 and 7324-7328).

Subrecipient must, as applicable, comply with the Federal Fair Labor Standards Act (29 u.s.c. §201 ) regarding wages and hours of employment.

None of the funds may be used to promote or deter union/labor organizing activities. CA Gov't Code Sec. 16645 et .

Civil Riqhts
Subrecipient must, as applicable, comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title Vl of the Civil Rights Act or 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 u.s.c. §§1681- 1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 u.s.c. §794), which prohibits discrimination on the basis of disabilities; (d) the Age

402
Discrimination Act of 1975, as amended (42 u.s.c. §§61 01 -6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act ofl970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 u.s.c. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. §§3601 et seq.), as amended, relating to non-discrimination in the sale, rental or Tinancing or housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; (j) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance.

10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.

These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

Subrecipient must, as applicable, comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 1151 4; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO Il 990; (d) evaluation of flood hazards in floodplains in accordance with EO 1 1988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 1 76(c) of the Clean Air Act of 1955, as amended (42 u.s.c. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §1 02(a) (P.L. 93-234).

403
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers Act of 1968 (16 u.s.c. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 u.s.c. §§4801 et seq.), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

Subrecipient must, as applicable, comply with the Federal Water Pollution Control Act (33 u.s.c. §'l251 et seq.), which restores and maintains the chemical, physical and biological integrity of the Nation's waters.

Subrecipient must, as applicable, ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

By signing this Agreement, Subrecipient warrants and represents that it will, as applicable, comply with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq.

Subrecipient must, as applicable, comply with the Energy Policy and Conservation Act (P.L. 94-1 63, 89 Stat. 871 ).

Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 u.s.c. 3501 et. seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.

11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 u.s.c. §470), EO 1 'I 593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 u.s.c. §§469a-1 et seq.).

12. Suspension, Debarment, Ineliqibility and Voluntary Exclusion Subrecipient must, as applicable, comply with Title 2 CFR Part §3000, regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B, required by Executive Order 12549 and any amendment thereto. Said Certification must be submitted to the County of Los Angeles concurrent with the

404
execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred, suspended, proposed For debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language or this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

13. Druq-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §"l7; the California Drug-Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements, attached hereto as Exhibit C, and incorporated herein by reference. Subrecipient must require that the language of this Certification be ineluded in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly.

14. Lobbyinq Activities
Subrecipient must, as applicable, comply with 31 U.S.C.1352 and complete the Disclosure of Lobbying Activities, (OMB 0038-0046), attached hereto as Exhibit A, and incorporated herein by reference.

15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).

B. Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements or State and Federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program.

Subrecipient must, as applicable, comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.

These requirements include, but are not limited to:

Title 2 CFR Part 200; EO 1 2372; u.s. Department of Homeland Security, Office of State and Local Government Coordination and Preparedness, Office for Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights.

Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, §8607.1 (e) and CCR Title 19, §§2445-2448.

405
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department or Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith-based Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit Organizations; and Part 83, Government-Wide Requirements for a Drug Free Workplace (grants).

Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations.

1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed.

Subrecipient's total travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel, including out- of-State travel, that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles.

Subrecipient's administrative-related travel and per diem reimbursement costs will not be reimbursed. For programmatic-related travel costs, Subrecipient's reimbursement rates may not exceed the amounts established under the grant.

C. Compliance With Grant Requirements
To obtain the grant funds, the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requirements are included in Exhibit F and in the State's "Grant Assurances". By signing these Grant Assurances and accepting Exhibit F, the County of Los Angeles became liable to the State for any funds

406
that are used in violation of the grant requirements. The State's Grant Assurances are incorporated into this Agreement through Exhibit D.

Subrecipient will be liable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances.

Pursuant to this Agreement, Subrecipient shall execute the 2020 Certification of Grant Assurances in Exhibit D, accepting and agreeing to abide by all provisions, assurances, and requirements therein. Subrecipient agrees to indemnify and hold harmless the County or Los Angeles For any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances.

To the extent Exhibit D conflicts with language or provisions contained in this Agreement, or contains more restrictive requirements under Federal and State law, Exhibit D shall control.

D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above assurances and requirements, including Exhibit D, may result in suspension, termination or reduction of grant funds, and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. §4'l2. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program.
§413. Inventions, Patents and Copyriqhts
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or otherwise under Title 35 of the u.s. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the Subrecipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles will report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County or Los Angeles and the State, the State will determine whether to seek protection on the Invention. The State will determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title 35 u.s.c. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, Title 37 CFR Part 401 ); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated

407
2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 4866i Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy.

B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license to use, manufacture, improve upon, and allow others to do so for all government purposes, any Invention developed under this Agreement.

C. Copyright Policy

1. Unless otherwise provided by the State or the terms of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles, at its discretion, may copyright the Material. If the County of Los Angeles declines to copyright the Material, the County of Los Angeles will have an unencumbered right, and a non- exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement.

2. The State will have an unencumbered right, and a non-exclusive, irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement.

3. Subrecipient must comply with Title 24 CFR 85.34.

D. Rights to Data
The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by Title 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 u.s.c. Section 401 or 402, the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights. (Title 48 CFR 27.404(a)).

E. Obligations Binding on Subcontractors
Subrecipient must require all subcontractors to comply with the obligations oF this section by incorporating the terms of this section into all subcontracts.

408
§4"l4. Child Support Assiqnment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply with California Family Code Section 5230 et seq.
§415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts, including procurement, construction and personal services. This policy applies to all of the Subrecipient's contractors and sub-contractors. §4'l6. Compliance with Fair Chance Employment Practices Subrecipient shall comply with fair chance employment hiring practices setforth in California Government Code Section 12952, Employment Discrimination:

Conviction History. Subrecipient's violation of this paragraph of the Agreement t may constitute a material breach or the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion, terminate the Agreement.
§417. Method oT Payment and Required Information
The County of Los Angles may, at its sole discretion, determine the most appropriate, efficient, secure, and timely form of payment provided under this Agreement. Subrecipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method of payment is deemed appropriate by the A-C.

Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https://directdeposit.lacounty.qov/. Such electronic banking and related information includes, but is not limited to: bank account number and routing number, legal business name, valid taxpayer identification number or TIN, a working e-mail address capable of receiving remittance advices and other payment related correspondence, and any other information that the A-C determines is reasonably necessary to process the payment and comply with all accounting, record keeping, and tax reporting requirements.

Any provision of law, grant, or funding agreement requiring a specific form or method of payment other than EFT or Direct Deposit shall supersede this requirement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption

409
to this requirement and must be based on specific legal, business or operational needs and explain why the payment method designated by the A-C is not Feasible and an alternative is necessary. The A-C, in consultation with CEO, shall decide whether to approve exemption requests.

SECTION V

DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when such action is deemed by the County of Los Angeles, in its sole discretion, to be in its best interest. Termination of work hereunder shall be effected by notice of termination to the Subrecipient specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective.

The date upon which such termination becomes effective shall be no less than ten (10) days after the notice is sent.
§503.Amendments
Except as otherwise provided in this paragraph, any change in the terms of this Agreement, including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties. Notwithstanding the foregoing, any increase or decrease or the grant amount specified in §301.A., above, or any extension of the performance period specified in §201, above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient.

SECTION Vl

ENTIRE AGREEMENT
§601. Complete Aqreement

410
This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement.
§602. Number of Paqes and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic signatures, each of which is deemed to be an original. This Agreement includes (26) pages and (8) Exhibits which constitute the entire understanding and agreement of the parties.
[Remainder of this page intentionally left blank]

411
IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by their duly authorized representatives.

COUNTY OF LOS ANGELES
BY
FESIA A. DAVENPORT
Chief Executive Officer
Date
BY

CELIA ZAV ALA
Executive Officer, Board of Supervisors
BY

ARLENE BARRERA
Auditor-Controller

APPROVED AS TO FORM
RODRIGO A. CASTRO-SILVA
County Counsel
BY
Deputy County Counsel
BY
Mayor (Signature)

APPROVED AS TO FORM
(Print Name) Date
BY
C![7 AttorneY (Signature)
ATTEST
(Print Name) Date
BY
C:i7 Clerk (Signature) (Print Name) Date

29 412

EXHIBITS
Exhibit A Certification and Disclosure Regarding Lobbying Exhibit B Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Drug-Free Workplace Exhibit D Certification of Grant Assurances
Exhibit E Final Grant Award Letter and Project Worksheet Exhibit F 2020 Notice of Funding Opportunity
Exhibit G Reimbursement Form and Instructions
Exhibit H Monitoring Instrument
30 413

EXHIBIT A
Cal OES 2-232
Approved by OMB 0348-0046

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTMTIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31 U.S.C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection wlth a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e,g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub-grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,"RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

Disclosure of Lobbying Activities - Cal OES 2-232 (Revised 7/8/2013) Page '1 of 4
414

EXHIBIT A
Cal OES 2-232
Approved by OMB 0348-0046

10. (a.) Enter the full name, address, city, state and zip code of the 1obbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b.) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, speci$ the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
4 5. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection or information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

Disclosure of Lobbying Activities - Cal OES 2-232 (Revised 7/8/20'l3.)

EXHIBIT A
Cal OES 2-232
Approved by OMB 0348-0046

DISCLOSURE OF LOBBYING ACTMTIES
Complete this form to disclose lobbying activities pursuant to 31 u.s.c. 1352 4, Type of Federal Action: 2. Status of Federal Action:

Oa. contract D a. bid/offer/application
b. grant b. initialaward
c, cooperative agreement c. post-award
d. loan
e. loan guarantee
f. loan insurance
3, Report Type:
[Aa. initiat fiting
b. material change
For Material Change Only:

Year _ Quarter
date of last report

4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

County of Los Angeles
Chief Executive Office
500 West Temple Street, Room B-79-2 ,
Los Angeles, CA 90012
(__J Prime '.j_ll Subawardee
Tier, Ifknown:

Congressional District, ifknown: Congressional District, if known:

6. Federal Department/Agency;
Department of Homeland Security

7. Federal Program Name/Description:

Homeland Security Grant Program
CFDA Number, if applicable: 97-067

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, Ml):
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
I
I
b. Individuals Performing Services
(last name, first name, Ml - include address tF different from 'l Oa) 1 "I. Amount of Payment (check all that apply) :
' f' Actual " Planned.__ll .____l:
l3.Type of Payment (check a// that apply):
:'__l a. retainer
' J' b. one-time fee
_J c. commission
:J. d. contingent fee
: J e. deferred
' ,l

12. Form of Payment (check a// that apply):
,J'a.cash
' : J'. b. in-kind; specify:
naturo value
_l' f. other; specify:
14, Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), orMember(s) contacted, for Payment indicated in item 11 : (attach Continuation Sheet(s) SF-LLL-A, :t necessary)

15. ContinuationSheet(s)SF-LLL-Aattached: ,-)Yes gNo

16. Information requested throu:)h this form is authorized by Title 31 U.S.C. Section 1352. Signature:

This disclosure' of lobbying activities is a material representation of fact upon which Nams'reliance was placed by the tier above when this transaction was made or entered into.This disr.lnsure is reouirsd nursuant to 31 U S.C 'f352_ This inform;tinn will hp Title:
reported to the Congress semi-annually and will be available for public inspection. Any Teleohone:person who fails to file the required disclosure shall be subject to a civil penalty of not iB3s than $al0,000 and not more than $100,000 for each such failure. (area codel
Date:
, Federal use Only: Authorized for Local Reproduction Standard Form - LLL
Disclosure oT Lobbying Activities - Cal OES 2-232 (Revised 7/8/2013)

33 416

EXHIBIT A
Approved by OMB 0348-0046

DISCLOSURE OF LOBBYING ACTMTIES

CONCONTINUATION SHEET
Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity:

LastName FirstName
Address City
LastName FirstName
Address City
LastName FirstName
Address City
LastName FirstName
Address City
Continuation of 14: (additional sheets may be added if necessary) Brief Description of Services and Payments indicated in item 11 :

Ml
Zip
Ml
Zip
Ml
Zip
Ml
Zip
Authorized for Local Reproduction
Standard Form - LLL-A
Disclosure of Lobbying Activities - Cal OES 2-232 (Revised 7/8/2013)

417

EXHIBIT B
CERTIF1CATION REGARDING

DEBARMENT, SUSPENSON, INELIGIBILITY AND VOLUNT ARY EXCLUSION

LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATT ACHED INSTRUCTIONS FOR CERTIFICATION BEFORE

COMPLETING)
The prospective recipient of Federa! assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

Where the prospecUve recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

AGREEMENT NLIMBER

CONTRACTOR/BORROWER/AGENCY
NAME AND TITLE OF A[JTHORIZED REPRESENTATIVE

SIGNATURE DATE

EXHIBIT B
1NSTRUCT10N8 FOR CERTIFICATION
a 1. By signing and submitting this document, the prospective recipient of Federal asslstance Is provldlng the certification as set out below,
2, The certlflcatlon in this clause is a material representation of fact upon which reliance was placed when this transaction was entered Into. lf it is later determlned that the prospective reciplent of Federal assistance funds knowingly rendered an erroneous cerllfk,atlon, In addltlon to other remedies available to the Federal Government, the department or agency with which this transaction orlglnated may pursue avallable remedlea, inaludlng suspension and/or debarment.

3. The prospectlve reclplent of Federal assistance funds shall provide immediate written notice to the person to whk,h this agreement Is entered, If at any tlme the prospectlve recipient of Federal assistance funds learns that !ts certlflcatlon was ermneoua, when submitted or has become erroneous by reason of changed clncumstances. 4, The terms "covered transaction," debarred," suspended," 'lnellglblel' "lower tier covered transactlon," participant," "person," primary covered transactlon," princlpal,' 'proposal,' and 'voluntarily excluded," as used In this clause, have the meanings set out In the Definitions and Coverage sections of rules Implementing Executive Order 12549.

5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transadion be entered into, It shall not knowingly enter Into any lower tier covered transaction with a person who )s debarred, suspended, declared ineligible, or voluntarily excluded from partk,lpatlon on this covered transaction, unless authorlzed by the department or agency with which this transaction originated, 6, The pmspectlve recipient of Federal assistance Funds further agrees by submitting this proposal that it will Include the clause tltled "Certffi:atlon Regarding Debarment, Suspenslon, Inellglbillty and Voluntary Exclusion Lower Tler Covered Transactions,' without modiflcatlon, In all lower tler covered transactions and in all aolk,ltatlons for lower tier covered transactlons.
7, A participant In a covered transaction may rely upon a certificatlon of a prospective partk;lpant In a lower tier covered transaction, unless It knows that the certification Is erroneous. A participant may decide the method and frequency by which It determines the ellglbillty of Its prin:,lpals. Each participant may, but Is not requlred to, check the List of Parties Excluded from Procurement or Non Procwement Programs. 8, Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render In good faith the certification required by this clause, The knowledge and Information of a participant Is not required to exceed that which Is normally possessed by a prudentperson In theordlnary course of business dealings. 9, Except for transactions authorized under Paragraph 5 of these Instructions, If a partlclpant In a covered transaction knowingly enters Into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntary excluded form participation In this transaction, in addition to other remedies available to the Federal Government, the department or agency with which thls transaction originated may pursue available remedles, includlng suspension and/or debarment.

EXHIBIT C

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 inmatters relating to providing a drug-free workplace. The above-named contractor or recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, oruse of a controlled substance is prohibited and specifying actions to be taken against employees for violations,as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to informemployees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposedcontract or subgrant:
(a) Will receive a copy or the company's drug-Free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contractor subgrant.

CERTIFICATION
i, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the abovedescribed certification. I am fully aware that this certification, executed on the date and in the county below, is made underpenalty of perjury under the laws of the State of California.

DARREN ARAKAWA

OFFICAL'S NAME DATE EXECUTED

COUNTY OF LOS ANGELES

EXECUTED IN THE COUNTY' OF
CONTRACTOR or RECEIPEINT SIGNATURE

CHIEF OF POLICE
TITLE
95-600799
FEDERAL I.D. NUMBER
Drug-Free Workplace Certification STD. 21 (Revised 7/2015)

EXHIBIT C

ST ATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the C:[Y Of Saute Gate (your agency)
accordingly provides this statement of compliance.

In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-Tree workplace statements to their employees [Section 8355(a) of the Government Coded. Consequently, in accordance with this directive, this statement is issued to meet this requirement.

The Clt'l Of SOuttl Gaie (your agency), an agency within the State of California has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees, [Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee's worksite, shall report the conviction to the granting and monitoring State agency upon conviction. [Section 8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or aillegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program. [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for Further information.

Itistheintentofthe C!iVofSouttlGa[e (youragency)toensurebyexecutionofthisstatementof compliance that each employee shall abide by the terms of this drug-free workplace statement. [Section 8355(c)]
Drug-FreeWorkplace Certification STD. 21 (Revised 7/2015)

EXHIBIT D
Ctl/OES
GOVERNOR'!) OFFICE
OF E!4ERGENCY SERVICE9
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal shore of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed +imelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grorrts Manual;
(d) California Supplement to the NOFO: and
(e) Federol and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requiremerfs, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cosh match will be appropriated CIS required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body:

422

EXHIBIT D

C(I/OES
GC+V!RNOR'S OFFICE
OF ENERGENCY SERVlCEa
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicont is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, monagemen+ and completion of the project described in this application: and
(e) Official executing this ogreemenf is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Aword. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (u.s.c.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to any person for influencing or attempting to influence on officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of o Member of Congress in connection with the awarding of any Federal contract, the moking of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modii'ica+ion of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member or Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subowards at all tiers (including subcon+rac+s, subgrants, and contracts under grants, loans, and cooperotive agreements) and that all subrecipients shall certify and discloseaccordingly.

423

EXHIBIT D
Ctl/OES
CICIV!RNORaS (IFPIC:E

OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will CIISO comply with provisions of the Hatch Act (5 u.s.c. § § 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in port with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any IC)W, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, Fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarmen+, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or hod Cl civil judgment rendered against them for commission of fraud or Cl criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under Cl public transaction; violai'ion of federal or state anti+rust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission or any oT the offenses enumerofed in paragraph (2) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or 10CCII) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall affach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relaxing to non- discrimination, including:

424

EXHIBIT D

C(I/OES
GOV!RNORaS OPPI(.!:

OF E!IERGENCY 5ERVICE5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title Vl of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 u.s.c. § 2000d el seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their progroms and services;
(b) Title IX of the Education Amendments of l 972, (20 u.s.c. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program oractivity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 u.s.c. § 794), which prohibits discriminotion against those with disabilities or occess and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 u.s.c. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 u.s.c. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 u.s.c. § § 290 dd-2), relaxing to confidentiali+y of patient records regarding substance obuse treotment; (g) Title Vlll of the Civil Rights Act of l 968 (42 u.s.c. § 3601 et seq.), reloting to nondiscrimina+ion in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Par+1 00. The prohibition on disability discrimination includes the requirement that new mul+ifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontrac+ors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin:
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic part'nerships and those in same sex marriages:

425

EXHIBIT D
C4/OES
GCIV!RNOR'S OFFICE

OF EHERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Partl9;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.

FEHA prohibits harassment and discrimination in employment because of ancestry, familial si'a+us, roce, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breasffeeding ond medical conditions related to pregnoncy, childbirth or breas+feeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physicol disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimina+ion provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of l 988 (4l u.s.c. § 701 et seq.), the Applicant certifies that it will maintain o drug-free workplace and a drug-free awareness progrom CIS outlined in the Act.

7. Environmental Standards
The Applicant will comply with sk:ite and federal environmental standards, including:
(a) California Environmental Qualify Act (CEQA) (California Public Resources Code §§ 21000- 21177), i'o include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387):
(c) Federal Clean Water Act (CWA) (33 u.s.c. § 1251 e+ seq.), which esfablishes the basic structure for regulating discharges of pollu+anis into the waters of the United States and regula+ing quality standards for surface waters; (d) Federal Clean Air Act of l 955 (42 u.s.c. § 7401) which regulofes air emissions From stationary and mobile sources;

426

EXHIBIT D
C410ES
C)OV!RNOR'S OFFICE
OF E!!EReENCY SERVICE!i
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality coni'rol measures under the Nationo1 Environmental Policy Act (NEPA) of 1969 (P.L. 91-1 90); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA: and Executive Order12898 which focuses on the environmen+aland human health effects of federal octions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation or flood hazards in floodplains in accordance with Executive Order 11 988;
(g) Executive Order11 5l4 which sets Forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by woy of gront, loan, or con+roct shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order l 1990 which requires preservation ofwe+lands;
(i) The Safe Drinking Water Act of i974, (P.L. 93-523) :
(j) The Endangered Species Act of l 973, (P.L. 93-205):
(k) Assuronce of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§ 145'l e+seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Cleon Air Act of 1955, as amended (42 u.s.c. §§74m et seq.);
(m) Wild and Scenic Rivers Act of 1968 ( l 6 u.s.c. § l 271 e+ seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: 1)in violation of any order or resolution promulgated by the Si'a+e Air Resources Board or an air pollution district; 2) subject to o cease and desist order pursuant to § l 3301 of the California Water Code for violation or waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal ICIW relating to air or water pollution.

427

EXHIBIT D
Ca/OES
GOVERNOR'S OFPIC:E
OF E!4ERGENCY SERVICE5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance oudits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audi+Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to 6nd the right to examine all records, books, papers, or documents related to the aword. The Applicant will require any subrecipien+s, contractors, successors, +ransferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions Tor Cl purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 u.s.c §§ 3729-3733 which sets forf'h that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (Cl) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for firsitier subawards. This includes the provisions of FFATA, which includes requirements For executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.

Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whis+leblower protections at 10 u.s.c. § 2409, 41 u.s.c. § 4712, and 10 u.s.c. § 2324, 41 u.s.c. § 4304 and § 4310.

428

EXHIBIT D
C4/OES
GOV!RNOR'S OFPI(,E
OF E!4ERGENCY SERV1CE5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

14. Human Trafficking
The Applicant will comply with the requirements of Section 1 06(g) of the Victims Protection Act of 2000, as amended (22 u.s.c. § 7104) which prohibits grant award recipients or a subrecipienf from: (1 ) engaging in trofficking in persons during the period of time that the oward is in effect; (2) procuring Cl commercial sex act during the period of' time that the award is in effect; (3) using Torced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Dovis-Bacon Act (40 u.s.c. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 u.s.c. § 3145 and 18 u.s.c. § 874) and the Contract Work Hours and Safety Standards Act (40 u.s.c. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcon+racfs, ond (b) The Federal Fair Labor Standards Act (29 u.s.c. § 2m et at.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.

16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job of Clll times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 ef seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements oF Titles If and Ill of the Uniform Relocation Assisfonce and Real Property Acquisition Policies Act of1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced orwhose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all inferests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section l 02(0) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchose flood insurance if the total cost of insurable construction and acquisi'tion is $10,000 or more;

429

EXHIBIT D
C4/OES

C)CIVERNOR'S OFFICE
OF E!ERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) ASSiSt the awarding agency in assuring compliance with Section 106 of the (d) Nat'ional Historic Preservotion Act ofl966, CIS amended (16 u.s.c. § 470), Executive Order11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of l 974 (16 u.s.c. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoninq Prevention Act (42 u.s.c. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without' permission and instructions from the awarding agency. Will record the federol awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimina+ion during the useful life of the project:
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications: and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure thot the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or Sfote.

19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23'l23 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read Cl text-based communication. Drivers ore CIISO prohibited From the use of a wireless telephone without hands-free listening and talking, unless to make on emergency call to 911, law enforcement, or similar services.

430

EXHIBIT D
Cti/OES
OOVERNOR'S OFFI(.E

OF EHERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that Clll information submitted in the course of opplying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 u.s.c. § 552, and the California Public Records Ad, California Government Code section 6250 e+ seq. The Applicon+ should consider these IC)WS and consult its own State and 10CCII laws and regulations regording the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) -

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure fho+ project activities carried on outside the United Stones ore coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (Pll) DHS defines personally iden+ifiable information (Pll) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collec+Pll are required to hove a publically-available privacy policy that describes standards on the usage and maintenance of Pll they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy +empla+e a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 u.s.c. §§ 401 or 402 and an acknowledgement oF u.s. Government sponsorship (including the award number) to any work first produced under federal financiol assistance awards.

431

EXHIBIT D
C4/OES

GCIVERNOR'S OFFICE
OF EHER3EN(:Y !3ERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

25. Duplication of Benefits
Any cost allocable to Cl particular Tederol financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may no'l' be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or For other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowoble under two or more owards in accordance with existing federal statutes, regulotions, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 u.s.c. § 6201 which contain policies relaxing to energy efficiency that are defined in the state energy conservotion plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpaymen+s. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for u.s. Flag Air Corriers: (air carriers holding certificates under 49 u.s.c. § 4l l 02) for international oir transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of l974 (49 u.s.c. § 40118) and the interpreta+ive guidelines issued by the Comptroller General of 'the United States in the March 3'l, 1981, amendment to Comptroller General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of1990
In accordance with Section 6 of the Hotel and Motel Fire Sorely Act of 1990, all Appliconts must ensure that oll conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1 974, as amended, 15 u.s.c. § 22250.

432

EXHIBIT D
C4/OES
GOVERNOR'S €)f-FICE
OF EWER(iENCY SERVICE5i
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

30. Non-supplanting Requirement
All recipients who receive federol financial assistance awords made under programs that prohibit supplanting by low must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otheise provided by ICIW, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 u.s.c. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401. 14.

32. SAFECOM
All recipients who receive federal Financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidonce for Emergency Communication Grants, including provisions on technical standards that ensure and enhance in+eroperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and u.s.law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and ICIWS.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this Federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Mo++ers located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions.

Page l 2 of l 4 Initials
433

EXHIBIT D
Ctl/OES
00VERNORaS OFPlaE
OF E!4ER3ENCY SERVICE5
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uni+ing and Sfreng+hening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends l 8 u.s.c. § § 1 75-l 75c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions or flags or likenesses of DHS agency officials, including use of the United States Coas'i Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Page l 3 oT 14 Initials
434

EXHIBIT D
C4/OES
GClVERNORaS OFPI(.E
OF ENERGENCY SERViCEEi
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

IMPORTANT
The purpose of the assuronce is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursemen+, contracts, etc. The Applicant' recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assuronce is binding on the Applicant, its successors, +ransferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, terminotion, or reduction of grant funds.

All appropriate documenfo+ion, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient' may be ineligible for award of any future grants if the CCII OES determines that any of the following has occurred: (1 ) the recipient hos made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version l O. 1, hereby incorporoted by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-stondard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
5757B(jpjBzj; COMPLETE NEXT PAGE
Signa+ureofAufhorizedAgen+: COMPLETENEXTPAGE
Printed Name of Authorized Agent: COMPLETE NEXT PAGE Title: COMPLETE NEXT PAGE Date: COMPLETE NEXT PAGE

435

EXHIBIT D

COUNTY OF LOS ANGELES
2020 CERTIFICATION OF GRANT ASSURANCES
As the duly authorized representative of the Subrecipient, I hereby certify Subrecipient's complete acceptance of Exhibit D, and agreement to abide by all provisions, assurances, conditions and requirements of the Grant Assurances therein.

BY
Ma70r (Signature) (Print Name) Date

APPROVED AS TO FORM
BY
C!['} AttorneY (Signature) (Print Name) Date
ATTEST
BY
Clk'l Clerk (Signature) (Print Name) Date
HOA. 102204513 l
53 436

EXHIBIT E

GAVIN NEWSOM

GOVERNOR
OaVERNOR'S affl €:E
OF e44E$la[NCY SF:RVICES
CiOES
MARK S. GHILARDUCCI

DIRECTOR
October 23, 2020
Fesia A. Davenport
Acting Chief Executive Officer
Los Angeles County
500 West Temple Street, Room 713
Los Angeles, CA 90012-0000
SUBJECT: NOTIFICATION OF SUBRECIPIENT SUBAWARD APPROVAL Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP} Subaward #2020-0095, Cal OES 1D#037-00000
Subaward Period of Performance: 09/01 /2020-05/31 /2023 Dear Ms. Davenport:

We are pleased to announce the approval of your FY 2020 HSGP subaward in the amount of $10,593,612. Once the completed application is received and approved, reimbursement of eligible subaward expenditures may be requested using the California Governor's Office of Emergency Services (Cal OES) Financial Management Forms Workbook. Failure to provide documentation in a timely rnonner could result in a hold on funding, pursuant to Title 2, Code of Federal Regulations (CFR), Sections 200.338(a) and 200.207(b)(1)-(2).

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), the Preparedness Grants Manual, the California Supplement to the NOFO, and Clll opplicable federal, state, and local requirements. All activities funded with this subaward must be completed within the subaward period of performance.

Subrecipients must obtain additional written approval p33gl to incuning costs for activities such as aviation, wa+ercraft, allowability request logs, noncompeti+ive procurement, and projects requiring Environmental Planning and Historic Preservation review. Additionally, all projects falling under the National Priority Investment Justifico+ions must be reviewed and approved for effectiveness by the 3650 Scheievep Avexue, MATHER, CA 95655
www.CalOES.ca.qOV
437

EXHIBIT E
Fesia A. Davenport
October 23, 2020

Federal Emergency Management Agency (FEMA), prior to the obligation, and expenditure of funds for those projects.

Your organization will be required to prepare and submit the Biannual Strategy Implementation Report (BSIR) to Cal OES via the FEMA Grants Reporting Tool (GRT) semi-annually for the duration of the subaward period of performance or until all activities are completed and the subaward is formally closed. Failure to submit required reports could result in subaward reduction, suspension, or termination. Throughout the subaward cycle, milestones set in the GRT will be used as indicators of project feasibility, performance, and grarf management capacity. This information may also be used in assessing proposals in future grant opportunities.

A Conditional Hold has been placed on your subaward; five percent of the subaward must be allocated to each of the four National Priority Investment Justifications for a total of twenty percent of the award. To release this hold, additional information is required for the investments identified which must be submitted in the December 2020 BSIR in a manner consistent with Grants Program Directorate Information Bulletin No. 447.

Your dated signature is required on this letter. Please sign and return the original to your CCII OES Program Representative within 20 calendar days upon receipt ond keep C) copy for your records. For further assistance, please contact your CCII OES Progrom Representotive.

Sincerely,
(,, t[,ti
MARK S. GHILARDUCCI
Director
Fesia A. Davenport
Los Angeles County
an-Ct-2oi5
Date
438
Project Ledger
City of South Gate
FY 2020 Slate Home Security Program (SHSP) Projects Grant Subowtitd 2020-0095
CCII OES ID 037-0(X)DO
LDeadtegei Type Ini+ia21/A,Sp/p210i:,allon
::: ::rt:,:e :,/:1%
Project
No. Project Title Fundin3
Source Discipline Solunon Area Total Budgeted
052 LE Armed Asiailon+ Active Shoo+et Exercise HSGP-SHSP LE Exercise $ i4.i85 Total s T4,185

439
Planning
City of South Gate
FY 2020 State Home Security Program (SHSP) Projects Grant Subaward: 2020-0095
Cal OES ID: 037-00000
oLeadteger Type lnitla21/Alsp/p210ic2a21ion
PPOoPP SE+nadrtDDaa+fee s9//311//22002203
Project
No. Planning Activi%i
Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category Final Product
Noncompefifive
Procurement
over S250K
Budgeted Cost

440
City of South Gate
FY 2020 State Home Security Program (SHSP) Projects Grant Suboward: 2020-0095
Cal OES ID: 037-00000
mization
Project
No. Organlzaffon _._ Funding
Source
Discipline
Solution Area
Sitb-Category'
- Expendlture ' _
Caf@gory ,,
" Detail' - (,ertifi6a'ffon 'on
, File
Budgeted Cost

441
City of South Gate
FY 2020 Stale Home Security Program (SHSP) Projects Gtan+ Subawtitd' 2020-0095
COI OES 10: 037-00000
lDeadlegerType ',-' Itiltla21lAl5p/p210l;allon. -
::: ::;r+:: . :. , ;/;i%.:l
Project
No.

Equipmenfj)escrlp4ion (Include
Quantlty). . AEL # AELTl+le Funding
Source DlstJllne ' Solufion Aria' Su9
_Cafffig6-IS"
D4'ploj6ble 7.'
.. 5Haiffiable '
Noncompffili!lVel:

Procurem6rit kiver
' -. - 3250K '
' HoldTrlggf'r "" ' Buf:IgetW ,
Cost
I

442
Training
City of South Gale
FY 2020 Stale Home Sectnlly Program (SHSP) Pio)ects Gtonl iuboword' 2020-0095
kedget Type
oale
Inlllal Appllcallon
2/T5/2022
9/ I /2020
5/31/2023

443
Exercise
City oi Sou+h Gt>le
FY 2020 Slate Home Secun§ Program (SHSP) Projects COI OES IF) 037-00000
l:.:-"-
Inlllal Application
2/T5/2022
PPoO'P sE'n:'DDaa+'ea 59//3'l//22o022o3
Project
No. Exercise nile Fundlng
Source
Dlsclpllne Solution Area Sub-
Calegoy
Expendltute
Category
Date at
Exerclse Exercise Type Identified Host
Date ot AAR
entered Inio
HSEEP
NoncompellHve
Procutemenj
over 92!!OK
EHP Hold Budgeted Cost
52 14 Armed Aiitiilanl Active Shoo+er HSGP-SHSP LE Conduct/Evaluate OT/Bocklill Full Scale
Altendee No Yet $ i4.185

444

EXHIBIT F
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year (F Y) 2020 Homeland Security Grant Program (HSGP) If you are going to apply for this funding opportunity and have r354 obtained a Data Universal Numbering System (DUNS) number and/or currently registered in the System for Award Management (SAM), please take immediate action to obtain a D{JNS Number', if applicable, and then to register immediately in SAM. It may take four weeks or more after you submit your SAM registration before your registration is active in SAM, then an additional 24 hours for Grants.gov to recognize your information, Information on obtaining a DUNS number and registering in SAM is available from Grants.gov at: http://yv.grants.gov/web/grants/register.html.

A. Program Description

1. Issued By
Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD)

2. Assistance Listings Number (formerly Catalog of Federal Domestic Assistance Number) 97.067

3. Assistance Listings Title (formerly CFDA Title) Homeland Security Grant Program

4. Funding Opportunity Title
Homeland Security Grant Program
* State Homeland Security Program
* Urban Area Security Initiative
* Operation Stonegarden

5. Funding Opportunity Number
DHS-20-GPD-067-00-01

6. Authorizing Authority for Program
Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as amended) (6 U.S.C. § 603)

7. Appropriation Authority for Program
Department of Homeland Security Appropriations Act, 2020 (Pub. L. No. 116-93)

8. Announcement Type
New
Pagelof41
FY 2020 HSGP NOFO 445

EXHIBIT F

9. Program Overview, Objectives, and Priorities
Overview
The Fiscal Year (FY) 2020 Homeland Secui% Grant Program (HSGP) is one of three grant programs that constihite the Department of Homeland Security (DHS)/Federal Emergency Management Agency's (FEMA's) focus on enhancing the ability of state, local, tribal, and territorial govenunents, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measrires authorized by Congress and implemented by DHS to help strengthen the Nation's cori'ununities against potential terrorist attacks. Among the five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2020, tl'iere are three components of HSGP:
1) State Homelarid Securiffl Program (SHSP): SHSP assists state, local, tribal, and teriitorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.
2) Urban Area Security Iriitiative (UASI): UASI assists high-threat, high-density Urban Areas efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of tenorism.
3) Operation Storiegarderx (OPSG): OPSG supports enhanced cooperation and coordination among Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state, local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG provides funding to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada as well as states and territories with intemational water borders. State, local, tribal, and territorial (SLTT) law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional arithority as a result of participation in OPSG.

The 2018-2022 FEMA Strategic Plan creates a shared vision for reducing the risks posed by terrorism and sets an ambitioris, yet achievable, path forward to unify and fiirther professionalize emergency management across the countiy. HSGP supports the goals of Building a Culture of Preparedness and Readying the Nation for Catastrophic Disasters. We invite our stakeholders and partners to also adopt these priorities and join us in building a more prepared and resilient Nation, as preparedness is a shared responsibility and fianding shorild support priorities that are most impactM and demonstrate the greatest return on investment.

Finally, for FY 2020, DHS is focused on the criticality of information sharing and collaboration to building a national culture of preparedness and protecting against terrorism and other emerging threats to our national security. DHS and its homeland security mission were born from the "failures among federal agencies and between the federal agencies and state and local arithorities to share critical information related to the threat of terrorism" prior to the September 11, 2001, attacks.'The threat profile has changed in the last two decades - we now face contimioris cyber threats by sophisticated actors, threats to soft targets and crowded places, threats to our democratic election ' Homeland Secru'ity Act of 2002: Report Together with Minority and Dissenting Views 222, Select Committee on Homeland Security: 107th Congress, U.S. House of Representatives (2002) (H. Rpt. 107-609).

Page2of41
FY 2020 HSGP NOFO
446

EXHIBIT F
process and threats from new and emerging technologies. But information sharing and cooperation between state, local, and tribal arithorities and federal agencies, including all DHS officials, is just as vital, and perhaps even more vital, today. Therefore, for FY 2020, we have identified four priority areas, tied to some of the most serioris tbreats that DHS would like to see addressed by state and local governments, that recipients will need to address with their HSGP funds. Perhaps most importantly, we will be focused on forging partnerships to strengthen information sharing and collaboration in each of these priority areas and looking for recipients to remove barriers to communication and cooperation with DHS and other federal agencies.

Objectives
The objective of the FY 2020 HSGP is to fiind state, local, tribal, and territorial efforts to prevent terrorism and prepare the Nation for threats and hazards that pose the greatest risk to the security of the United States.

Priorities
Given the evolving threat landscape, it is incumbent ripon DHS/FEMA to continuously evaluate the national risk profile and set priorities that help ensure appropriate allocation of scarce security dollars. In assessing the national risk profile for FY 2020, four priority areas attract the most concern.

And due to the rinique threats that the nation faces in 2020, DHS/FEMA has determined that tliese four priorities should be addressed by allocating specific percentages of HSGP funds to each of these four areas, for a total of 20 percent. The following are the four priority areas for FY 2020, along with the corresponding amount of HSGP funds that each recipient will be required to propose for each priority area in order to obtain a full allocation of HSGP funds:
1) Enhancing cybersecurity (including election security) - 5 percent 2) Enhancing the protection of soft targets/crowded places (inclriding election security) - 5 percent;
3) Enhancing information and intelligence sharing and cooperation with federal agencies, including DHS - 5 percent;
4) Addressing emergent threats (e.g., uiunai'ined aerial systems [UASs], etc.) - 5 percent.

Faiture by a recipient to propose investments and projects that align with these four priority areas and spending requirements may result in a recipient receiving a reduced grant award. DHS/FEMA may not award funding in excess of a recipient's minimum allocation threshold2 to the extent that investments and projects do not align with these four priority areas.

A State or high-risk urban area may allocate the remaining 80 percent to gaps identified through their Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Process.

Likewise, there are several enduring security needs that crosscut the homeland security enterprise, and to which that States should consider allocating funding across core capability gaps and national 2 The Homeland Security Act of 2002, as amended, allocates for each of the 50 States, the District of Columbia, and Puerto Rico

0.35 percent of the total funds appropt'iated for grants under section 2003 and section 2004 of the Act, and O.08 percent for each of the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands).

Page3of41
FY 2020 HSGP NOFO 447

EXHIBIT F
priorities. The following are enduring needs tliat help recipients implement a comprehensive approach to securing communities:

Effective plaru'iing;
Training and awareness campaigns;
Equipment and capital projects; and
Exercises.

The table below provides a breakdown of the FY 2020 SHSP and UASI priorities (the focus of OPSG remains unique to border security), showing the core capabilities enhanced and lifelines supported, as well as examples of eligible project types for each area. A detailed description of allowable investments for each project type is included in the Preparedness Grants Manual. DHS/FEMA anticipate that in future years, national priorities will contimie to be included and will be updated as the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin planning to sustain existing capabilities through other funding mechanisms.

FY 2020 SHSP & UASI Funding Priorities
xi m 1n.!M_WJ!.1'f' ffii!_!!-_!_li Jmr!"!i('llliT!"4'flll)J la4_ 'IN' iN" ,@VFJil.!!a ti il li 'i 'i I( '-waimma bm4
' Enhair:ing
Cybersecurity
(including election
secrii'ity)
ii Cybersecririty
* Intelligence and
infomiation sharing
' ";""fiafety ana' " """""'
security
@ Cybersecririty iisk asses:; nent:; a T
it Projects that address vulnerabilities
identified in cybersecurity risk
assessments
o Improving cybersecurity of critical
infrashucture to meet minimum levels
identified by CISA
o Cybersecurity training and planning
Eiihancing the
Protection of Soft
Targets/ Crowded
Places (inctuding
election secririty)
@ Operational
coordination
* Public infoimation
and waming
it Intelligence and
information sharing
* Interdiction and
disruption
ii Screening, search,
and detection
it Access control and
identity verification
ii Physical protective
measures
* Risk management for
protection programs
and activities
* Safety and
security
* Operational overtime
* Pliysical secririty enhancements
o Security cameras (CCTV)
o Security screening eqriipment for
people and baggage
o Lighting
o Access controls
o Fencing, gates, barriers, etc.

Enhancing
information and
intelligence sharing
and cooperation with
federal agencies,
including DHS
* Intelligence and
information sharing
- Safety and
security
* Fusion center operations (Fusion Center
project will be required under this
investment, no longer as a stand-alone
investment)
* Information sharing with all DHS
components, fiision centers, and other
entities designated by DHS

FY 2020 HSGP NOFO 448

EXHIBIT F
* Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
it Joint training and planning with DHS
officials and other entities designated by
DHS
Addressing Emergent
Tl'ireats, such as
Transnational
Criminal
Organizations and
UAS
* Interdiction &
disiuption
* Screening, search and
detection
* Physical protective
meaSureS
* Intelligence and
infortnation sharing
* Planning
@ Public Information
and Warning
* Operational
Coordination
* Safety and
security
* Shariitg and leveraging intelligence and
information
* UAS detection tecmologies
a Enhancing weapons of mass destruction
(WMD) and/or improvised explosive
device (IED) prevention, detection,
response and recovery capabilities
o Chemical Biological
Radiological Nuclear and
Explosive (CBRNE) detection,
prevention, response, and
recovery equipment
i'lllllllllQll'rg'!ffi
Planning @ Planning ,
* Risk management for
protection programs
and activities
@ Risk and disaster
resilience assessment
* Threats and hazards
identification
* Operational
coordination
* Community resilience
* Safety arid
security
* Development of:
o Security Risk Management Plans
o Continriity of Operations Plans
o Response Plans
* Efforts to strengthen governance
integration between/among regional
partners
ii Joint training and planning with DHS
, officials and other entities designated by
DHS
i * Cybersecurity traini_ng and planning iTraining &
Awareness
I
I
I
I
" viLoilnnge'r'aebmility
Is rPedtbulcic'oinnfomiation
I and warning
* Operational
I coordination
i * Situational
i assessment
l @ Community resilience
ii Safety and
: security
* Active shooter training '
* Security training for employees
* Public awareness/preparedness campaigns
* Joint training and planning with DHS
officials and other entities designated by
DHS
it Cybersecurity training and planning
Equipment & Capital
Projects
* Long-term
vulnerability
reduction
ii Infrastnicture systems
* Operational
cotnmunications
* Interdiction and
disniptiori
* Screening, search and
detection
ii Access control and
identity verification
it Physical protective
measures
- Safety and
security
* Protection of high-risk, liigli-consequence
areas or systems that have been identified
through risk assessments
@ Physical security enhancements
o Secirity cameras (CCTV)
o Security screening equipment
for people and baggage
o Lighting
o Access Controls
a Fencing, gates,
barriers, etc.

Page5of41
FY 2020 HSGP NOFO
66 449

EXHIBIT F
Exercises
I
* Long-term
vuLnerability
reduction
* Operational
coordination
@ Operational
comtnunications
* Commrmity
resilience
* Safety and
security
* Response exercises
Starting in FY 2020, each SHSP and UASI recipient is required to submit an Investment Justification (U) for each of the four national priorities identified above. Under the Cybersecurity investment and the Soft Target/Crowded Places investments one project for each of those two investments must be to support enhancing election security. As a reminder, all SHSP- and UASI-funded projects must have a demonstrated nexus to preventing, preparing for, protecting against, and responding to acts of terrorism. However, such projects may simultaneously suppoit enhanced preparedness for disasters unrelated to acts of terrorism.

DHS/FEMA also requires SHSP and UASI recipients (e.g., states, territories, and high-risk rirban areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or sustaining capabilities that address national priorities and/or support enduring needs. Additional infornnation on the THIRA/SPR process, including other National Preparedness System (NPS) tools and resorirces, can be found at littps://svwvv.fema.gov/national-preparedness-system. Detailed information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants Manual.

FY 2020 0PSG Funding Priorities
i i Ti I I I IQ l:1 t .-VI}V41'lNlllllliN.'lffliPlniFl lul ililfj !'Talll YdlI!IIQI.1 .}: l..l .1' ffii il11 N -%l I l- I I I ' 111111 1' Q!.:'.l.l.l.l,l,l,l,,ly, mn II a II- Ill I a I 11- ffi II I T 81 al N%II' :I 01I
[:[ail!3'!!!' w
Er}ari:iig
information and
intelligence
sharing and
cooperation with
federal agencies,
including DHS
@ Intelligence and
infortnation sharing
* Safety and
security
ii ParticEpatii_:_i in the DIE/ICE 287(g)
training program
* Information sharii'ig with all DHS
components, fiision centers, and other
entities designated by DHS
* Cooperation with DHS officials and other
entities designated by DHS in
intelligence, threat recognition and
analysis
* Joint training and planning with DHS
officials and other entities designated by
DHS
' Addressing
Emergent
Threats, such as
' Transnational
Criminal
Organizations
it Interdiction & disruption
* Screening, search and
detection
* Physical protective
measures
@ Intelligence and
infomiation sharing
@ Safety and
security
* Operational overtime for border security
operations as directed by the applicable,
USBP-approved operations order
* Sharing and leveraging intelligence and
infomiation
Staiting in FY 2020, each OPSG applicant is reqriired to clearly articulate and identify how the Concept of Operations addresses each of the two national priorities identified above.

Page6of41
FY 2020 HSGP NOFO
450

EXHIBIT F

10. Performance Metrics
Performance metrics for this program are as follows:

SHSP and UASI:
* Percentage of funding allocated by the recipient to core capabilities to build or sustain national priorities identified in the section above; and OPSG:
* Number of contacts that occurred as a result of OPSG deployments o Number of arrests that resulted from OPSG contacts o Value of dnig seizures that resulted from OPSG contacts B. Federal Award Information
Award Amounts, Important Dates, and Extensions
Available Funding for theHSGP NOFO: $1,120,000,000
..W.ThTh!l.l.[:.llWR#alP41A1lfffTTi
State Homeland Security Program $415,000,00C
Urban Area Security Initiative $615,000,00C
Operation Stonegarden $90,000,00C
Total " $1,120,000,00D
SHSP Allocations
For FY 2020, DHS/FEMA will award SHSP funds based on risk and the anticipated effectiveness of the proposed use of grant funds upon completion of the application review process. The following table identifies the targeted SHSP allocation ranges for each State based on DHS/FEMA's relative risk methodology pursuant to the Homeland Security Act of 2002, as amended. States are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded. Final award amounts will be based on DHS/FEMA's evatuation of the effectiveness of proposed investments and projects.

Regardless of the amorint of a State's targeted SHSP allocation range, each State must include a separate investment for each of the four national priority areas identified in the Priorities section, above. The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the State's targeted SHSP allocation in the table below. For the states that receive a target allocation in excess of the minimum, the percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award determinations based upon a review of the anticipated effectiveness of the State's application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the four national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

FY 2020 HSGP NOFO 451

EXHIBIT F
DHS/FEMA will allocate to each state and territory a minimum allocation under the SHSP using thresholds established iri the Homeland Security Act of 2002, as amended. The minimum allocation for all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico is O.35 percent of the total funds appropriated for grants under Section 2003 and Section 2004 of the Homeland Security Act of 2002, as amended. The minimum allocation for the four tenitories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) is O.08 percent of the total funds appropriated for grants rinder Section 2003 and 2004 of the Homeland Security Act of 2002, as amended. THIRA/SPR results do not impact grant allocation or award.

Regardless of the final award amorint, a state must invest SHSP funding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

FY 2020 TARGET SHSP ALLOCATIONS
Page8of41
FY 2020 HSGP NOFO
452

EXHIBIT F
UASI Allocations
Eligible candidates for the FY 2020 UASI program are identified in the table below. Eligibility has been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States, in accordance with the Homeland Security Act of 2002, as amended. Detailed information on MSAs is publicly available from the United States Census Bureari at https://wsvw.census.zov/pro@rams- surveys/metro-nffcro.html. THIRA/SPR results do not impact grant allocation or award.

For FY 2020, DHS/FEMA will award UASI funds based on risk and the anticipated effectiveness of the proposed use of grant funds ripon completion of the application review process. The following table identifies the targeted UASI allocations for each high-risk urban area based on DHS/FEMA's relative risk methodology prirsuant to the Homelarzd Security Act of 2002, as amended. Applicants are strongly encouraged to apply for funding at least 15% over the high end of their target allocation range as ineffective applications will not be funded.

Final award amounts will be based on DHS/FEMA's evaluation of the effectiveness of proposed investments and projects.

In its application, each high-risk urban area, through the State, must include a separate investment for each of the four national priority areas identified in the Priorities section, above.

The funding level in each national priority area investment must equal or exceed the percentage for that respective national priority area, calculated as a percentage of the high-risk urban area's targeted UASI allocation in the table below. The percentage is calculated against the high end of the range, as displayed in the table below. DHS/FEMA will make final award deteiminations based upon a review of the anticipated effectiveness of the high-risk urban area's application as described in Section D, below. Final awards are based on whether the State has proposed investments in each of the forir national priority areas in an amount equal to or greater than the percentage for that priority area and based on the effectiveness review.

Regardless of the final award amount, a high-risk rirban area tnust invest UASI fianding in each of the four national priority areas in an amount equal to or greater than percentage identified above for each national priority area, as approved by DHS/FEMA.

FY 2020 HSGP NOFO 453

EXHIBIT F
FY 2020 TARGET UASI ALLOCATIONS
OPSG Allocations
For FY 2020, DHS/FEMA will award OPSG funds based on risk and the anticipated effectiveness of the proposed rise of grant funds upon completion of the application review process. The FY 2020 0PSG risk assessment is designed to identify the risk to border security and to assist with the distribution of funds for the grant program. Funding rinder OPSG is distributed based on the risk to the security of the border and the effectiveness of the proposed projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies

FY 2020 HSGP NOFO 454

EXHIBIT F
that are located along the border of the United States. DHS/FEMA will make final award detertninations based upon a review of the anticipated effectiyeness of the State's application as described in Section D, below. The THIRA/SPR process is not required for OPSG.

For'the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed as a function of tbreats, vulnerabilities, and conseqriences associated with an incident, event, or occurrence.

Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG funds considers the potential risk that certain threats pose to border security and estimates the relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence, sit-national awareness, criminal trends, and statistical data specific to each of the border sectors, and the potential impacts that these threats pose to the security of the border area. For vulnerability and consequence, DHS/CBP considers the expected impact and consequences of successful border events occurring in specific areas.

Threat and vulnerability are evaluated based on specific operational data from DHS/CBP.

Threat components present in each of the sectors are used to determine the overall threat score.

These components are terrorism, criminal aliens, drug trafficking organizations, and alien smuggling organizations.

Effectiveness of the proposed inveshnents will be evaluated based on the recipient's investment strategy, budget, collaboration, and past performance.

PeriodofPerformance: 36 months
Extensions to the Period of Performance (PoP) are allowed. For additional information on PoP extensions, refer to tlie Preparedness Grants Manual.

Projected Period of Performance Start Date: September 1, 2020 Projected Period of PerformanceEnd Date: August 31, 2023 Funding Instrument: Grant
(2. Eligibility Information

1. Eligible Applicants
The State Administrative Agency (SAA) is the only entity eligible to submit HSGP applications to DHS/FEMA, including those applications submitted on behalf of UASI and OPSG applicants. All 56 states and territories, including any state of the United States, the District of Cotumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to apply for SHSP funds. Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under the SHSP and OPSG through the SAA.

2. Eligibility Criteria
Eligible high-risk urban areas for the FY 2020 UASI program have been determined through

FY 2020 HSGP NOFO
455

EXHIBIT F
an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the United States. Subawards will be made by the SAAs to the designated high-risk urban.areas.

In FY 2020, OPSG eligible subrecipients are local units of govenunent at the county level or equivalent level of government and Federally recognized tribal governments in states bordering Canada or Mexico and states and territories with intei'national water borders. All applicants must have active ongoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding.

In FY 2020, OPSG subrecipients eligible to apply for and receive a subaward directly from the SAAs are divided into three Tiers. Tier 1 entities are local units of govert'unent at the corinty level or equivalent and Federally recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states and territories with intemational water borders. Tier 2 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 1 county.

Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. The tier stnicture is only applicable with regard to eligibility. OPSG funding allocations are based on the assessed border security risks as determined by the USBP.

3. Other Eligibility Criteria
National Incident Management System (NIMS) Implementation Prior to allocation of any Federal preparedness awards in FY 2020, recipients rtuist ensure and maintain adoption and implementation of NIMS. Detailed information on NIIMS requirements are in the Preparedness Grants Manual.

Emergency Management Assistance Compact (EMAC) Membership In support of the Goal, SHSP recipients must belong to, be in, or act as a temporary member of EMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2020 HSGP funding must be readily deployable and NIMS-typed when possible to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities, such as Geographic/Geospatial Infortnation Systems (GIS), interoperable communications systems, capabilities as defined under the Mitigation Mission Area of the Goal, and fusion centers.

Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of 2002, as amended (6 U.S.C. § 607), DHS/FEMA is required to ensure that at least 25 percent of grant funding appropriated for grants awarded rinder HSGP's authorizing statute are rised for law enforcement terrorism prevention activities. DHS/FEMA meets this requirement, in pait, by requiring all recipients allocate at least 25 percent of the combined HSGP funds allocated under SHSP and UASI towards law enforcement terrorism prevention activities, as defined in 6 U.S.C. § 607. The LETPA allocation can be from SHSP, UASI, or both. The 25 percent LETPA allocation may be met by funding projects in any combination of the four national priority areas

FY 2020 HSGP NOFO 456

EXHIBIT F
identified above and any other investments. And the 25 percent LETPA allocation is in addition to the 80 percent pass-tbrorigh requirement to local units of governrnent and tribes, referenced below.

The National Prevention Framework describes those activities that should be executed upon the discovery of intelligence or infotmation regarding an imminent threat to the homeland, to thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligible for use as LETPA-focused funds. Also, where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. All other terrorism prevention activities proposed for fiinding under LETPA must be approved by the FEMA Administrator.

4. Cost Share or Match
There is no cost share or match requirement for the FY 2020 HSGP.

D. ,Application and Su5mission ?nformati(in

1. Key Dates and Times'
a, Application Start Date:
b. Application Submission Deadline:

February 14, 2020
April 30 -2js, 2020 at 5:00 p.m. ET
All applications must be received by the established deadline. The Non-Disaster (ND) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of the full application. DHS/FEMA will not review applications that are received after the deadline or consider them for funding. DHS/FEMA may, however, extend the application deadline on request for an applicant who can demonstrate that good carise exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant's control that prevent submission of the application by the deadline, or other exigent or emergency circumstances.

Applicants experiencing technical issues must notify the FEMA Headquarters (HQ) Program Analyst prior to the application deadline. If applicants do not know their FEMA HQ Program Analyst or if there are prograrnrnatic qriestions or concerns, please contact the Centralized Scheduling and Information Desk (CSID) by phone at (800) 368-6498 or by e-mail at askcsid@,fema.dhs.gov, Monday through Friday, 9:00 a.m. - 5:00 p.m. ET. c. Anticipated Funding Selection Date:
d. Anticipated Award Date:
e. Other Key Dates:

No later than 7/1/2020
No later than 9/30/2020

FY 2020 HSGP NOFO 457

EXHIBIT F
Event Suggested Deadline for Completion
Obtain DUNS Nrimber 3/16/2020 [
Obtain a valid Employer
Identification Number (EIN) 3/16/2020 [
Update SAM registration 3/16/2020 Th
Submit the initial application in
Grants.gov 4/23/2020 /11/8/2020
Submit-the final application in ND htim'>ri'>ri /I /1 qt"rnn <-nn , - 'p'r Grants "lJolUU II IJ/UVi J-UV p-Ill- 1

2. Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the reqriirements of this NOFO and the terms and conditions of the award, should they receive an award.

3. Address to Request Application Package
See the Preparedness Grants Manual for infoimation on reqriesting and submitting an application.

4. Steps Required to Submit an Application, Unique Entity Identifier, and System forAward Management (SAM)
To apply for an award under this program, all applicants must:
a. Apply for, update, or verify their Data Universal Numbering System (D{JNS) Number from Dun & Bradstreet (D&B) and Employer ID Number (EIN) b. In the application, provide a valid Data Universal Numbering System DUNS number, which is currently the riniqrie entity identifier;
c. Haveanaccountwith;
d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application;
e. Create a Grants.gov account;
f. Add a profile to a Grants.gov accorint;
a. Establish an Authorized Organizational Representative (AOR) iii Grants.gov; b. Submit an initial application in Grants.gov;
g. Submit the final application in the Non-Disaster Grants (ND Grants) system and h. Contirue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency.

Applicants are advised that DHS may not make a federal award until the applicant has complied with all applicable DUNS and SAM requirements. Therefore, an applicant's SAM registration must be active not only at the time of application, but also during the application review period and when DHS is ready to make a federal award. Frirther, as noted above, an applicant's or recipient's SAM registration must remain active for the duration of an active federal award. If an applicant's SAM registration is expired at the time of application, expires during application review, or expires any other time before award, DHS may determine that the applicant is not

FY 2020 HSGP NOFO
458

EXHIBIT F
qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. See the Preparedness Grants Manual for additional information on the steps required to submit an application.

5. Electronic Delivery
DHS/FEMA is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS/FEMA requires applicants to submit their initial applications online through and to submit final applications through ND Grants.

6. How to Register to Apply through
See the Preparedness Grants Manual for information on requesting and submitting an application.

7. How to Submit an Initial Application to DHS/FEMA via Grants,gov See the Preparedness Grants Manual for information on requesting and submitting an application.

8. Timely Receipt Requirements and Proof of Timely Submission As application submission is a two-step process, the applicant with the Authorized Organizational Representative (AOR) role who submitted the application will also receive an acknowledgement of receipt, a tracking number (in this foimat: GRANTX) from Grants.gov, and an Agency Tracking Number (in this format: EMX-2020-XX-XXXX) with the successfiil transmission of the initial application. This notification does not serve as proof of timely submission, as the application is not complete until it is submitted in ND Grants. All applications must be received in ND Grants by 5:00 p.m. ET on April 30 -1-S, 2020. Proof of timely submission is aritomatically recorded by ND Grants. An electronic date/time stamp is generated within the system when the application is successfiilly received by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive a system-generated email to confirm receipt.

9. Submitting the Final Application in Non-Disaster Grants System (ND Grants) After submitting the initial application in , eligible applicants will be notified by DHS/FEA/IA and asked to proceed with submitting their complete application package in ND Grants. Applicants can register early with ND Grants and are encouraged to begin their ND Grants registration at the time of this announcement but no later than seven days before the application deadline. Early registration will allow applicants to have adequate time to start and complete their application.

In ND Grants applicants will be prompted to submit all of the information contained in the following forms. Applicants should review these forms before applying to ensure they have all the information required:
@ Standard Form 424A, Budget Information (Non-constniction); * Standard Form 424B, Standard Assurances (Non-construction); and * Standard Form LLL, Disclosure of Lobbying Activities.

In addition, applicants must submit copies of the following in ND Grants:
* Investment Justification (the Investment Justification Template may be forind in the Related Documents Tab of the Grants.oov posting and used as a preparation tool; responses to questions in the Template are entered into theGRT);

FY 2020 HSGP NOFO 459

EXHIBIT F
* List of Urban Area Working Group (UAWG) and Senior Advisory Committee (SAC) members;
* SAC charter;
* UAWG charter; and
* Indirect Cost Agreement, if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement. If the applicant is not required to have an indirect cost rate agreement but will charge indirect costs and is required to have an indirect cost rate proposal, the applicant must provide a copy of their indirect cost rate proposal with the application. See the section below on indirect costs for more information or contact the relevant Program Analyst or Grants Management Specialist for further instructions.

Applicants must submit copies of the foll6wing in ND Grants if applying for construction projects. The forms may be accessed in the Forms tab under SF-424 Family on :
* Standard Form 424C, Budget Information (Constiuction); and * Standard Form 424D, Standard Assurances (Construction).

Applicants needing assistance registering for the ND Grants system should contact ndgrants(afema.zov or (800) 865-4076, Monday through Friday, 9 a.m. - 5 p.m. ET.

10. Content and Form of Application Submission
See the Preparedness Grants Manual for information on requesting and submitting an application.

HSGP Specific A,pplication Instructions
Development of the Investment Justification (SHSP and UASI) As part of the FY 2020 HSGP application process for SHSP and UASI funds, applicants must develop formal investment justifications (Us) that address the proposed investments. Failure to fulfill of all of the terms contained in this section will be considered by DHS/FEMA in its evatuation of the effectiveness of the Us in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations.

Each U must demonstrate how proposed investments:
* Support terrorism preparedness;
* Support closing capability gaps or sustaining capabilities identified in the community's THIRA/SPR process; and
* Support the overcoming of existing logistical, tecbnological, legal, policy, and other impediments to collaborating, netiorking, sharing information, cooperating, and fostering a culture of national preparedness with federal, state, tribal, and local governrnents, as well as other regional, and nonprofit partners in efforts to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, support the national security mission of DHS and other federal agencies, and to otherwise reduce the overall risk to the high-risk rirban area, the State, or the Nation.

FY 2020 HSGP NOFO 460

EXHIBIT F
Each IJ must explain how the proposed investments will support the applicant's efforts to:
* Prevent a threatened or an actual act ofterrorism; * Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness; * Protect citizens, residents, visitors, and assets against the greatest threats and hazards, relating to acts of terrorism; and/or
@ Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incidents.

Development of Investments and Projects (SHSP)
* Applicants must propose at least four and may include up to ten investments. @ Required national priority investment justifications rmast include the name of the prioi'ity in the investment name for easy identification.
* Within each investment in their U, applicants must propose at least one project to describe the activities they plan to implement with SHSP funds. There is no limit to the number of projects that may be submitted.
* Of the proposed SHSP-firnded investments, one single project, within the required intelligence and information sharing investment, must be in support of a designated fusion center. Recipients must coordinate with the fusion center when developing a fiision center project prior to submission. See additional information on how to develop the fusion center projects below.
* Of the proposed SHSP-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments must be in support of enhancing election secririty.
* All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with sunounding systems. The investment name must include the words "emergency communications" to easily identify any emergency communications investments.
@ All requested funding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primaiy core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPR process. Failure to fulfill of all of the terms contained in this section may be considered in the evaluation of the effectiveness of the Us in accordance with the Risk Methodology and Effectiveness Review described in the Application Review Information and may result in rejection of proposed investments or reduced funding allocations. * FEMA encourages states to use any DHS provided assessments, such as those performed

FY 2020 HSGP NOFO 461

EXHIBIT F
by DHS's Protective Security Advisors and Cybersecurity Advisors, when developing their investment justifications.

Priority Investments (SHSP)
States are encouraged to review the Strategic Framework for Countering Tenoiism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment must be in support of the state's cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of SHSP funds. Cybersecurity investments must support the secririty and fiinctioning of critical infrastructure and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP grant awards will be required to complete the 2020 Nationwide Cybersecut'ity Review (NCSR), enabling agencies to bencbmark and measure progress of improving their cybersecurity posture. The CIO, CISO or equivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2-3 hours to complete. The 2020 NCSR will be open from October - December 2020.
* The NCSR is an annual reqriirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued rintil after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. * Although not required by SLTTs that did not receive HSGP fiinds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evalriate their cybersecurity posture. For detailed information and backgrorind on the NCSR, please see Information Bulletin 439.

In Jamiary 2017, the Department of Homeland Security designated the infrastructure used to administer the Nation's elections as critical infrastructure. This designation recognizes that the United States' election infrastructure is of such vital importance to the American way of life that its incapacitation or destniction would have a devastating effect on the country. Securing election infrastructure and ensuring an election free from foreign interference are national security priorities. Threats to election systems are constantly evolving, so defending these systems requires constant vigilance, innovation, and adaptation.

Given the importance of the Nation's election infrastnicture, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state's efforts to enhance election security. Additional resources and infoimation regarding election secririty are available through the Cybersecurity and Infrasti'ucture Security Agency.

FY 2020 HSGP NOFO 462

EXHIBIT F
Soft Target Investment Justification (5 percent)
Soft targets and crowded places are increasingly appealing to terrorists and other extremist actors because of their relative accessibility and the large number of potential targets. This challenge is complicated by the prevalent rise of simple tactics and less sophisticated attacks. Segments of our society are inherently open to the general public, and by nature of their purpose do not incorporate strict security measrires. Given the increased empliasis by tei'rorists and other extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital that the priblic and private sectors collaborate to enhance secui'ity of locations such as transportation centers, parks, restaurants, shopping centers, special event venues, and similar facilities.

Given the increased risk to soft targets and crowded places, at least one investment must be in support of the state's efforts to protect soft targets/crowded places. Additionally, the proposed investment tnust meet or exceed the FY 2020 national prioiity percentage for soft targets/crowded places and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments in order to receive a full allocation of SHSP funds. Additional resources and information regarding securing soft targets and crowded places are available through the Cybersecurity and Infrastructure Security Agency. States are encouraged to engaged DHS' Protective Security Advisors' security assessments of soft targets to ensure that recommendations from those assessments are taken into consideration when allocating grant funding.

As noted above, given the importance of the Nation's election infrastructure, and the multiple and evolving threats to that infrastructure, at least one project within this investment must be in support of the state's efforts to enhance election security. Additional resources and information regarding election security are available through the Cybersecurity and Infrastructure Security z%ency.

Information Sharing and Cooperation Investment Justification (5 percent) Effective homeland security operations rely on timely information sharing and actionable intelligence to accurately assess and prevent threats against the United States. Accordingly, DHS works diligently to enhance intelligence collection, integration, analysis, and infoimation sharing capabilities to ensure partners, stakeholders, and senior leaders receive actionable intelligence and information necessary to inform their decisions and operations. A critical and statutorily charged mission of DHS is to deliver intelligence and information to federal, state, Local, and tribal governrnents and private sector partners. Cooperation and information sharing among state, federal, and local partners across all areas of the homeland security enterprise, including counterterrorism, cybersecurity, border security, immigration enforcement, and other areas is critical to homeland security operations and the prevention of, preparation for, protection against, and responding to acts of terrorism.

Given the importance of information sharing and collaboration to effective homeland security sotutions, at least one investment rmist be in support of the state's efforts to enhance information sharing and cooperation with DHS and other federal agencies. As noted above, this requirement must include at least one dedicated fusion center project. Additional instructions on development of the fusion center project can be found below. Applicants must justify persuasively how they

FY 2020 HSGP NOFO 463

EXHIBIT F
will contribute to the information sharing and collaboration purposes of the investment and a culture of national preparedness, including how they will identify, address, and overcome any existing laws, policies, and practices that prevent information sharing. Additionally, the proposed investment mtist meet or exceed the FY 2020 national priority percentage for information sharing and cooperation with DHS, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a Ml allocation of SHSP funds. Additional resources and information regarding collaboration and information sharing are available through the Department's Office of Intelligence and Analysis.

Emerging Threats Investment Justification (5 percent) The spread of rapidly evolving and innovative technology, equipment, techniques, and la'iowledge presents new and emerging dangers for homeland security in the years ahead.

Tenorists remain intent on acquiring weapons of mass destruction (WMD) capabilities, and rogue nations and non-state actors are aggressively working to develop, acquire, and modernize WMDs that they could use against the Homeland. Meanwhile, biological and chemical materials and technologies with dual use capabilities are more accessible throughout the global market.

Due to the proliferation of such information and technologies, rogue nations and no-state actors have more opportunities to develop, acquire, and use WMDs than ever before. Similarly, the proliferation of unmanned aircraft systems, artificial intelligence, and biotechnology increase opporhinities of threat actors to acqriire and use these capabilities against the United States and its interests.

Given the increased risk of emerging threats, at least one investment must be in suppoit of the state's efforts to address emerging threats. Additionally, the proposed investment must meet or exceed the FY 2020 national priority percentage for emerging threats, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a fitll allocation of SHSP funds. Additional resources and information regarding emerging THREATS are available through the Counterino Weapons of Mass Destniction Office and the Cybersecurity and Infrastntcture Security Agency.

Development of Investments and Projects (UASI)
* Applicants must propose at least four and may include up to ten investments. * Within each investment in their U, Urban Areas must propose at least one project to describe the activities they are plaming to implement with UASI funds. There is no limit to the number ofprojects that may be submitted.
* Required national priority Us must include the name of the priority in the investment name for easy identification.
* Of the proposed projects, Urban Areas are reqriired to propose one single project, as part of the required intelligence and information sharing investment justification, in support of a designated fusion center within the Urban Area, if applicable. Recipients must coordinate with the fusion center when developing a fusion center project prior to submission. See additional information on how to develop fusion center investments below. @ Of the proposed UASI-funded investments, one project in each of the required Cybersecurity and Soft Targets/Crowded Places investments, must be in support of enhancing election security.

FY 2020 HSGP NOFO
464

EXHIBIT F
All emergency communications investments must describe how such activities align with their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) and/or Statewide Interoperability Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project supports the statewide strategy to improve emergency communications and is compatible and interoperable with surrounding systems. The investment name must include the words "emergency communications" to easily identify any emergency communications investments.

All reqriested fiuiding must be associated with specific projects. For each project, several pieces of information must be provided to submit the project for consideration in the application, including the name of the project, the project description, the name of the subrecipient, if applicable, the recipient type (e.g., state or local), the project location (zip code of the primary location of the project), the primary core capability the project supports, whether the project activities are shareable and deployable, and which priority area (if any) the project is in support of. Projects should describe how the proposed investment supports closing capability gaps or sustaining capabilities identified in the THIRA/SPRprocess Prtority Invg5tments - [TASI
High-risk urban areas are encouraged to review the Strategic Framework for Coruitering Teiarorism and Targeted Violence when developing investments.

Cybersecurity Investment Justification (5 percent)
At least one investment tust be in support of the urban area's cybersecurity efforts. The investment must meet or exceed the FY 2020 national priority percentage for cybersecurity, and will also be subject to DHS/FEMA's evaluation of the effectiveness of the proposed investments, in order to receive a full allocation of UASI and SHSP funds. Cybersecurity investments must support the security and functioning of critical infrastnicture and core capabilities as they relate to preventing, preparing for, protecting against, or responding to acts of terrorism. Recipients and subrecipients of FY 2020 HSGP awards will be required to complete the 2020 Nationwide Cybersecurity Review (NCSR), enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The CIO, CISO or eqriivalent for each recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity professional should complete the assessment. The NCSR is available at no cost to the user and takes approximately 2- 3 hours to complete. The 2020 NCSR will be open from October - December 2020.
* The NCSR is an aru'iual requirement for recipients and subrecipients of HSGP funds.

Additionally, FEMA recognizes that some subawards will not be issued until after the NCSR has closed. In such cases, such subrecipients will be required to complete the first available NCSR offered after the subaward has been issued by the pass-through entity. * Although not required by SLTTs that did not receive HSGP funds, all SLTT agencies with preparedness responsibilities are highly encouraged to participate and complete the NCSR to evaluate their cybersecurity posture. For detailed information and background on the NCSR, please see Information Bulletin 439.