HomeMy WebLinkAbout11.16.22 Staff Report
NOTICE AND CALL
OF A SPECIAL MEETING
OF THE CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, November 16, 2022 at 6:00 PM.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Posted: November 10, 2022.
Emmanuel J. Estrada
Mayor
AFFIDAVIT OF POSTING
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury
under the laws of the State of California that the foregoing agenda was posted on the City Hall
bulletin board not less than 24 hours prior to the meeting of November 16, 2022.
Marlen Garcia,
City Clerk
AGENDA
BALDWIN PARK CITY COUNCIL
SPECIAL MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
November 16, 2022
6:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber
http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10
Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda. In accordance with Chapter 39 of the
Baldwin Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.
COMENTARIOS DEL PUBLICO
Se invita al público a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda.
De acuerdo con el capítulo 39 del Código Municipal
de la Ciudad de Baldwin Park, los comentaros deben
se dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
CITY COUNCIL
SPECIAL MEETING – 6:00 P.M.
CALL TO ORDER:
ROLL CALL: Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez,
Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked
by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideración en juntas proximas. [Codigo de Gobierno §54954.2]
If you wish to comment on agenda items, please email your name, City of residence, item number and a phone
number where you will be available between the hours of 5:00 PM to 6:00 PM on November 2, 2022 to
comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak
live during the meeting. If you are a non-English Speaker and require translation services in another language other
than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If
large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker
may be announced). A one-hour limit may be placed on the time for public communications so that City business
can be conducted, after which time, communications can resume.
OPEN SESSION/STUDY SESSION
None
RECESS TO CLOSED SESSION
1. Conference With Legal Counsel—Anticipated Litigation
Significant exposure to litigation pursuant to paragraph (3) of subdivision (e) of Government
Code Section 54956.9:
Potential Case(s): Three (2) – Claims Received
a. Claimant: DJCBP Corporation (dba Tier One) Date of Claim: October 26, 2022
b. Claimant: K8 Investor Holdings Date of Claim: October 19, 2022
Copies of Claims are available in the Office of the City Clerk during normal business hours.
2. Conference With Legal Counsel—Existing Litigation
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:
Case Name: Cetina, Huerta, Jimenez, Parra, Case No. 22STCV14121
Real, Valdivia v. City of Baldwin Park
Case Name: Daniel Rodriguez v. City of Baldwin Park Case No. 21STCV21129
Case Name: Mathew Rodriguez Case No. 2:22-cv-01069-FLA-MAR
v. City of Baldwin Park
Case Name: Christopher Kuberry, Case No. 21STCV07382
Michael Hemenway, & Raymond
Findley v. City of Baldwin Park
3. Public Employment
Pursuant to Government Code Section 54957
Title: Human Resources Manager Selection
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of
perjury under the laws of the State of California that the foregoing agenda was posted on the
City Hall bulletin board not less than 24 hours prior to the meeting of November 16, 2022.
Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 128 or
e-mail RCaballero@baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE
II)
AGENDA
BALDWIN PARK CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
November 16, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber
http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10
Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
Emmanuel J. Estrada - Mayor
Daniel Damian - Mayor Pro Tem
Alejandra Avila - Council Member
Monica Garcia - Council Member
Paul C. Hernandez - Council Member
PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING.
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda
or on any other matter within its jurisdiction.
In accordance with Chapter 39 of the Baldwin
Park Municipal Code, Speakers must
address the Council as a whole and refrain
from making impertinent, slanderous, or
profane remarks or disrupt the peace of the
meeting.
COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o cualquier
otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que esté bajo su
jurisdicción. De acuerdo con el capítulo 39 del
Código Municipal de la Ciudad de Baldwin Park, los
comentaros deben se dirigidos al Concilio como una
sola entidad, y no ser impertinentes, difamatorios, o
profanos, o interrumpir la paz de la reunión.
City Council Agenda Page 2
CITY COUNCIL
REGULAR MEETING – 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez,
Mayor Pro Tem Daniel Damian, and Mayor Emmanuel J. Estrada
REPORT FROM CLOSED SESSION
ANNOUNCEMENTS
The City Council are also members of the Board of Directors of the Housing Authority, and
Finance Authority, which are concurrently convening with the City Council this evening and each
Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting
and $50 for attending the Finance Authority meeting.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Presentation – Parcels at the Southwest Corner of Maine and Olive – Current State of
Development update – Presented by Enrique C. Zaldivar, CEO
• Proclamation – Family Court Awareness Month for November 2022
• Presentation – Celebration of Black History Month for February 2023 – Presented by
Laura Ann Franklin, Housing Commissioner
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el límite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative
body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule
matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia
especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir
personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2]
If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be
available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to comments@baldwinpark.com. You will be contacted by a staff member
and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and require translation services in
another language other than Spanish, or sign, please indicate your request in your communication up to 48 hours prior to the meeting. If large
numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour
limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can
resume.
City Council Agenda Page 3
Notice Regarding California Environmental Quality Act (CEQA) Determinations. Pursuant to CEQA,
a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval
that has the potential to either (1) cause a direct physical change in the environment or (2) cause a
reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary
activity by a public agency, a private activity that receives any public funding, or activities that involve the
public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from
CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered
“projects” under CEQA, their appropriate CEQA determination will be listed below each
recommendation. If no CEQA determination is listed, it has been determined that the action does not
constitute a “project” under CEQA.
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. City of Baldwin Park’s Warrants and Demands
Staff recommends that the City Council ratify the attached Warrants and Demands
Register.
2. Treasurer’s Report – August 2022
Staff recommends that the City Council receive and file the Treasurer’s Report for
September 2022.
3. Adoption of Resolution No. 2022-059 to Continue Conducting City
Council/Commission/Board Meetings Remotely in Accordance with the Brown Act
Executive Order AB 361
Staff recommends that the City Council adopt Resolution No. 2022-059 to continue
conducting City Council/Commission/Board Meetings remotely in accordance with the
Brown Act executive orders and AB 361 (covering meetings held from November 16,
2022, through December 16, 2022) and re-evaluate the state of emergency every 30 days
to make findings under the bill’s teleconferencing exemptions.
4. Approval of Resolution No. 2022-060 and Consideration of a Professional Services
Agreement with Hinderliter, De Llamas and Associates, Inc., and a Community Card
Customer Agreement with Yiftee, Inc. to Establish a Shop Local Digital Gift Card
Program
Staff recommends that the City Council:
1. Approve Resolution No. 2022-060; and
2. Authorize the Mayor to execute the Professional Service Agreement (PSA) with
Hinderliter, De Llamas and Associates, Inc. (HdL) in an amount not-to-exceed
$12,500 subject to any non-substantive changes made by CEO and City Attorney;
and
3. Authorize the Mayor to execute Yiftee’s Community Card Customer Agreement
subject to any non-substantive changes made by the CEO and City Attorney; and
4. Authorize the Finance Director to appropriate $115,000 of ARPA funds to establish
the program.
City Council Agenda Page 4
5. Authorization to Re-Issue a Request for Proposal (RFP) for Website Redesign,
Hosting and Maintenance Services
Staff recommends that the City Council:
1. Reject previously received proposals; and
2. Approve and authorize the advertisement of the modified Request for Proposal (RFP)
for the Website Redesign, Hosting and Maintenance Services.
6. Consideration to Approve Resolution No. 2022-061 adopting a Mitigated Negative
Declaration and Mitigation, Monitoring, and Reporting Program (MMRP) for the
Barnes Park Multi-Benefit Stormwater Capture Project
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-061 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING (1) AN INITIAL
STUDY AND MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE BARNES PARK MULTI-
BENEFIT STORMWATER CAPTURE PROJECT LOCATED AT 3251 PATRITTI
AVE.”
7. Request for Authorization to Purchase Eight (8) Motorola Solutions Apex 8000 P25
Complaint Portable Radios
Staff recommends that the City Council:
5. Waive the formal bidding process for this purchase; and
6. Authorize the Police Department to purchase the requested eight (8) Motorola Radios
and Accessories and
7. Authorize the Director of Finance to appropriate $67,518.00 from the State Homeland
Security Program Grant to account 271-30-310-58110-17215, $3,105.27 from
Federal Asset Forfeiture to account 205-30-310-58110-00000 and book the
reimbursement to account 271-30-000-41312-17215; and
8. Authorize the Chief of Police, or his designee, to complete all appropriate
documentation to complete the purchase.
8. Approval of Proposal from THE [RE]DESIGN GROUP for the Purchase of Citywide
Replacement 164 Dell Computers and Monitors
Staff recommends that the City Council:
1. Approve the proposal from THE [RE]DESIGN GROUP in the amount of $199,294.27
and authorize the Chief Executive Officer to purchase 164 Dell Optiplex 7090 Ultra
Computers & C2422HE Monitors
2. Authorize the Director of Finance to make the necessary budget adjustments.
PUBLIC HEARING
9. Public Hearing and Adoption/Second Reading of Ordinance No. 1471 Adopting the
2022 California Building Code, 2022 California Residential Code with Appendices I
and K, 2022 California Existing Building Code, 2022 California Mechanical Code,
2022 California Plumbing Code, 2022 California Electrical Code, 2022 California
Green Building Standards Code, 2022 California Energy Code, 2022 California
Historical Code, 2022 California Reference Standards Code, 2022 California Fire
Code, and 2023 Los Angeles County Fire Code
Staff recommends that the City Council:
City Council Agenda Page 5
1. Conduct a Public Hearing
2. Close Public Hearing & Find that the adoption of this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because it has no
potential for resulting in a physical change to the environment, pursuant to Section
15308 of the CEQA Guidelines-Actions by Regulatory Agencies for Protection of the
Environment.
3. Adopt (Second Reading) Ordinance No. 1471 entitled:
" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, Amending CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS
TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE,
ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF
REGULATIONS, SPECIFICALLY ADOPTING THE 2022 CALIFORNIA BUILDING
CODE, 2022 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I AND K, 2022
CALIFORNIA EXISTING BUILDING CODE , 2022 CALIFORNIA MECHANICAL CODE,
2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY
CODE, 2022 CALIFORNIA HISTORICAL CODE, 2022 CALIFORNIA REFERENCE
STANDARDS CODE, 2022 CALIFORNIA FIRE CODE AND 2023 LOS ANGELES
COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY
CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938.”
REPORTS OF OFFICERS
10. Adopt Resolution Appointing Best Best & Krieger, LLP (BBK) as the City’s
Permanent City Attorney and Approving a Legal Services Agreement for Legal
Services
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-062 Appointing Best Best & Krieger as the City’s
Permanent City Attorney, effective as of the date of the execution of the Agreement;
and
2. Approve the Agreement between the City of Baldwin Park and Best Best and Krieger
for Permanent City Attorney Legal Services and the rates contained therein; and
3. Authorize the Mayor to execute the Agreement; and
4. Declare the Agreement for Interim City Attorney Legal Services between the City of
Baldwin Park and Best Best and Krieger null and void upon the execution of the
Permanent Agreement.
CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY
DEVELOPMENT COMMISSION
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
SA-1 Successor Agency to The Dissolved Community Development Commission
of The City of Baldwin Park Warrants and Demands
Staff recommends that the Board ratify the attached Warrants and Demands Register.
SA-2 Successor Agency to the Dissolved Community Development Commission
of the City of Baldwin Park Treasurer’s Report – September 2022
Staff recommends that the Board receive and file the Treasurer’s Report for September
2022.
City Council Agenda Page 6
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATION
• Request by Mayor Pro Tem Daniel Damian
Mayor Pro Tem Damian requests discussion and consideration to explore bringing back the
First Time Home Buyer Program and/or ADU Grants. Direct Staff to provide a Staff Report
with options and available resources.
• Request by Council Member Monica Garcia
Council Member Garcia requests a report back from City Staff on the Status of the Property
formerly known as “Olive Square Market” which is located at the corner of Olive/Maine
Avenue.
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of
perjury under the laws of the State of California that the foregoing agenda was posted on the
City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of
November, 2022.
Marlen Garcia
City Clerk
For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 128 or via e-mail at
RCaballero@baldwinparl.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public
Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable
arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
STAFF REPORT
ITEM NO. ________1_________
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: City of Baldwin Park’s Warrants and Demands
SUMMARY
Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City
Council.
RECOMMENDATION
Staff recommends that the City Council ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The payroll for the last period was $567,950.61 and the attached General Warrants Register was
$804,881.34 for a total amount of $1,372,831.95.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the
California Government Code. Staff has reviewed the requests for expenditures for the appropriate
budgetary approval and for the authorization from the department head or its designee. Pursuant to
Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does
hereby certify to the accuracy of the demands hereinafter referred. Payments released since the
previous City Council meeting and the following is a summary of the payment released:
1. The last payroll of the City of Baldwin Park consists of check numbers 201698 to 201710
Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City
Employees from control number 36156 to 36431 for the period October 16, 2022 through
October 29, 2022 inclusive; these are presented and hereby ratified in the amount of
$567,950.61.
2. General Warrants, with the bank drafts in the amount of $132,218.86 and checks from 238547
to 238743 in the amount of $672,662.48 for the period of October 20, 2022 to November 3, 2022,
inclusive; in the total amount of $804,881.34 constituting of claims and demands against the City
of Baldwin Park, are herewith presented to the City Council as required by law, and the same
hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Check Register
STAFF REPORT
ITEM NO. ________2_________
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all
cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that Council receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and
City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report
STAFF REPORT
ITEM NO. _______3_________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
DATE: November 16, 2022
SUBJECT: Adoption of Resolution No. 2022-059 to Continue Conducting
City Council/Commission/ Board Meetings Remotely in
Accordance with the Brown Act Executive Order and AB 361
SUMMARY
Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet
remotely in accordance with procedures established by prior Executive Orders. On September 16th
Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed
states of emergency under modified Brown Act requirements that are similar but not identical to the
rules and procedures established by the previous Executive Brown Act Orders.
It should be noted that the Governor’s office has announced that the COVID State of Emergency will
end on February 28, 2023. Absent a change in the Governor's plans, at that point, COVID-19 will no
longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361.
Staff will continue in-person meetings with a virtual hybrid component under this new order.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2022-059 to continue conducting City
Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and
AB 361 (covering meetings held from November 16, 2022, through December 16, 2022) and re-
evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing
exemptions.
FISCAL IMPACT
Not Applicable
BACKGROUND
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things
rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to
transition back to public meetings held in full compliance with the Brown Act.
As various variants have surged in California, the legislature has taken action to extend the COVID-19
exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB
361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in
any of the following circumstances:
• The legislative body holds a meeting during a proclaimed state of emergency, and state or local
officials have imposed or recommended measures to promote social distancing.
• The legislative body holds a meeting during a proclaimed state of emergency for the purpose of
determining, by majority vote, whether as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
• The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote that, as a result of the emergency, meeting in person would present
imminent risks to the health or safety of attendees.
A local agency that holds a meeting under these circumstances would be required by AB 361 to do all
of the following, in addition to giving notice of the meeting and posting agendas as required under the
Brown act. These additional requirements are intended to protect the public’s right to participate in the
meetings of local agency legislative bodies.
Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice
requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for
the public to directly address the legislative body pursuant to the Brown Act’s other
teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts
its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an
internet-based service option; the legislative body need not provide a physical location for the
public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights
of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either
prevents the local agency from broadcasting the meeting to the public using the call-in or
internet-based service option or is within the local agency’s control and prevents the public from
submitting public comments (any actions taken during such a service disruption can be
challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as
an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public comment period
or by allowing a reasonable amount of time to comment.
• If the legislative body uses a third-party website or platform to host the teleconference, and the
third-party service requires users to register to participate, the legislative body must provide
adequate time during the comment period for users to register and may not close the registration
comment period until the comment period has elapsed.
AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local
agency must make the following findings by majority vote every 30 days to continue using the bill’s
exemption to the Brown Act teleconferencing rules:
• The legislative body has reconsidered the circumstances of the emergency; and
• Either of the following circumstances exist: The state of emergency continues to directly impact
the ability of members to meet safely in person, or State or local officials continue to impose or
recommend social distancing measures.
The goal of AB 361 is “to improve and enhance public access to local agency meetings during the
COVID-19 pandemic and future applicable emergencies, by allowing broader access through
teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause
which became effective upon signing with a sunset of January 1, 2024.
ALTERNATIVES
Not Applicable
LEGAL REVIEW
This report has been reviewed by the City Attorney.
ATTACHMENTS
1. Resolution No. 2022-059
2. AB 361
RESOLUTION NO. 2022-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR
CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL
361
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of
Emergency to exist in California as a result of the threat of novel coronavirus disease
2019 (COVID-19); and
WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order
proclaiming a local emergency as defined, due to the threat of the existence and spread
of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive
Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown
Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies
to hold public meetings via teleconferencing and to make public meeting accessible
telephonically or otherwise electronically to all members of the public seeking to observe
and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive
Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning
teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed into law
Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code
§ 54953 and providing alternative teleconferencing requirements to conduct public
meetings during a proclaimed state of emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure
members of the public are able to attend and participate in public meetings conducted via
teleconference, including:
• Notice of the means by which members of the public may access the meeting and
offer public comment, including an opportunity for all persons to attend via a call-
in option or an internet-based service option;
• The legislative body shall take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in
the event of a disruption within the local agency’s control which prevents members
of the public from offering public comments, until public access is restored;
• Prohibits the legislative body from requiring public comments to be submitted in
advance of the meeting and specifies that the legislative body must provide an
opportunity for members of the public to address the legislative body and offer
comments in real time;
• Prohibits the legislative body from closing the public comment period until the
public comment period has elapsed or until a reasonable amount of time has
elapsed; and
WHEREAS, the City has already implemented and is in full compliance with the
requirements listed above when conducting public meetings via teleconference, which
are now codified in Government Code § 54953(e)(2)(B-G); and
WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body
shall hold a meeting during a proclaimed state of emergency for the purpose of
determining, by majority vote, whether as a result of the emergency, meeting in person
would present imminent risks to the health and safety of attendees. The City Council
must make these findings no later than 30 days after the first teleconferenced meeting is
held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also
make these findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park hereby declares that
the recitals set forth above are true and correct, and incorporated into this resolution as
finds of the City Council.
SECTION 2. The City Council hereby declares that a state of emergency as a
result of the threat of COVID-19 still exists and continues to impact the ability of members
of the public, the City Council, City Boards Commissions and Committees, City staff and
consultant to meet safely in person when a large congregation meets.
SECTION 3. The State of California and the City of La Quinta continue to follow
safety measures in response to COVID-19 as ordered or recommended by the Centers
for Disease Control and Prevention (CDC), California Department of Public Health (DPH),
and/or County of Riverside, as applicable, including facial coverings when required and
social distancing.
SECTION 4. The City Council hereby declares that, pursuant to the findings
listed in this Resolution, the City Manager is authorized to utilize teleconferencing
accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and
Government Code § 54953, as amended thereby.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Resolution. The City Council hereby declares that it
would have adopted this Resolution and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared unconstitutional.
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 16th day of November 2022.
__________________________________
Emmanuel J. Estrada
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that the foregoing
Resolution No. 2022-059 was duly and regularly adopted by the City Council of the
City of Baldwin Park at a meeting thereof held on the 16th day of November 2022, by
the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________
Marlen Garcia
CITY CLERK
STAFF REPORT
ITEM NO. ______4___________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Community Development Director
PREPARED BY: Victor Viramontes, Management Analyst
DATE: November 16, 2022
SUBJECT: Approval of Resolution No. 2022-060 and Consideration
of a Professional Services Agreement with Hinderliter, De
Llamas and Associates, Inc., and a Community Card
Customer Agreement with Yiftee, Inc. to Establish a Shop
Local Digital Gift Card Program
SUMMARY
This item brings forth a Resolution for City Council consideration that would approve the use of
American Rescue Plan Act (ARPA) funding for the establishment of a Shop Local Digital Gift Card
Program.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Resolution No. 2022-060; and
2. Authorize the Mayor to execute the Professional Service Agreement (PSA) with Hinderliter, De
Llamas and Associates, Inc. (HdL) in an amount not-to-exceed $12,500 subject to any non-
substantive changes made by CEO and City Attorney; and
3. Authorize the Mayor to execute Yiftee’s Community Card Customer Agreement subject to any
non-substantive changes made by the CEO and City Attorney; and
4. Authorize the Finance Director to appropriate $115,000 of ARPA funds to establish the program.
FISCAL IMPACT
The gift card program is expected to cost $115,000. Staff is requesting to use available ARPA funds
to be budgeted to ARPA “Address Negative Economic Impact to Small Businesses” Category for the
program. The program has no fiscal impact to the General Fund.
BACKGROUND
The COVID-19 Pandemic has had numerous negative impacts on communities and one of the hardest
hit sectors has been small businesses. Many of those small and independently owned businesses
have experienced significant financial strains due to the shutdowns, labor shortages, and supply chain
inflation costs. Small businesses make up over 99% of businesses in the nation and account for 60
million jobs. Due to the Pandemic, over 200,000 of those small businesses closed their doors
permanently in 2020.
Small businesses in Baldwin Park continue to struggle two and a half years after the Pandemic started
and are now coping with rising costs to operate related to inflation and staffing issues. This digital gift
card program offers an innovative opportunity to stimulate local consumer spending and can be setup
at an opportune time with the nearing holiday shopping season coming. When dollars are spent at
local businesses, more of the funds stay locally as opposed to non-local businesses and have a positive
impact on jobs and taxes.
Digital gift card programs are currently being used by many cities including South Gate, San Leandro,
Murrieta, Hawthorne, Hercules, and Oakley to name a few and these cities have partnered with HdL
and Yiftee to implement these programs. The Programs in these cities used a BOGO – buy one gift
card and get another one free (Buy One Get One) to help incentivize the use of the program by
consumers. Examples include:
• Buy a $25 gift card and get a $25 bonus card.
• Buy a $50 gift card and get a $50 bonus card.
• Buy a $75 gift card and get a $75 bonus card.
• Buy a $100 gift card and get a $100 bonus card.
Yiftee is the company (based in Menlo Park CA) that has the online platform for the community e-gift
cards and has a partnership with Mastercard. Yiftee has done 500 digital gift card programs in 49
states, including over 150 in California. HdL will assist in administering the program which will include
assisting with merchant recruitment, branding for the program, program marketing and overall
administration.
Mechanics of the Program
HdL thru Yiftee would make digital gift cards available for purchase by targeted city residents via a
website portal. Digital gift cards are issued by Mastercard and work the exact same way as any other
cash-value digital gift card. Customers/residents purchase the digital gift card at face value. City will
add to the value by its own contribution. Customers will be able to use the digital gift card at any of the
participating local small businesses recruited by HdL in collaboration with the Baldwin Park Business
Association (BPBA) and City Staff. Staff is envisioning implementing a phase 1 and then a phase 2.
The program will promote local small businesses by incentivizing customers to purchase the digital gift
cards.
To initiate the program, the City would enter into Yiftee’s Community Card Customer Agreement
(Attachment 2). There is no set-up or monthly costs. The costs paid to Yiftee are:
1. The value of the bonus card provided,
2. The $1 plus 5% delivery fee (purchaser fee),
3. The Participating Merchant Fees charged by Mastercard for a transaction.
To assist with branding costs associated with the development of the “Shop Local Baldwin Park”
campaign, marketing of the digital gift cards (English and Spanish), and related signage and posters
for participating businesses, staff is recommending a PSA with HdL and their EconSolutions division.
HdL would work with staff and other partners such as the BPBA to ensure a successful program. Staff
has already had preliminary discussions with the BPBA and they are in support of the program and
agreed to assist in the recruitment of participating businesses. HdL’s costs for their services would be
a not-to-exceed agreement amount of $12,500. HdL is already a critical partner with the City of Baldwin
Park by being the City’s sales tax and property tax consultant for numerous years.
The goal is to have the program operational for the holiday shopping season where HdL would assist
in marketing the program. To ensure that the most impacted small businesses are prioritized and to
ensure consistency in the implementation of the program, guidelines have been drafted (Attachment
4). The guidelines include eligible, non-eligible businesses, digital card parameters, and participating
business and city requirements. To ensure transparency, City employees are not allowed to purchase
cards.
LEGAL REVIEW
The City Attorney has reviewed the attached draft PSA, and the Yiftee Inc., Community Card Customer
Service Agreement and has approved its form and content.
ALTERNATIVES
The City Council may decide not to pursue a shop local digital gift card program.
ATTACHMENTS
1. Resolution No. 2022-060
2. Yiftee Inc, Community Card Customer Agreement
3. Professional Services Agreement (PSA)
4. Program Guidelines
RESOLUTION NO. 2022-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FOR THE
ESTABLISHMENT OF A SHOP LOCAL DIGITAL GIFT CARD PRGOGRAM
WHEREAS, the City of Baldwin Park recognizes the immense global detrimental
impacts of the COVID-19 pandemic; and
WHEREAS, the City of Baldwin Park small businesses have been
disproportionately impacted by COVID-19; and
WHEREAS, The Baldwin Park City Council seeks ways to assist the Baldwin Park
small business community in their recovery from COVID-19 pandemic; and
WHEREAS, to support this shop local digital gift card program the City Council is
appropriating $115,000 in ARPA funds to pay for:
1. The $1 plus 5% eDelivery fee (Purchaser fee),
2. A bonus gift card to incentivize the use of the program and provide a benefit
to all community members,
3. Branding costs associated with the development of the “Shop Local Baldwin
Park” campaign, and
4. Marketing costs for advertising and promotion of the program and related
point-of-sale signage and posters for participating businesses; and
WHEREAS, working with Yiftee, Inc., and HdL Companies who have significant
experience in starting up such shop local programs using digital gift cards will be a cost-
effective way to stimulate the local economy and assist small businesses in recovery from
the COVID-19 pandemic.
NOW THEREFORE BE IT HEREBY RESOLVED, by the City Council of the City
of Baldwin Park as follows:
Section 1. The City Council does herby appropriates $115,000 in American
Rescue Plan Act funds for the purposes of carrying out a digital gift card program to
support local small businesses in Baldwin Park.
Section 2. The City Council does hereby authorize the Mayor to sign a
Professional Services Agreement with HdL Companies to assist in marketing, advertising,
and other support services to implement the digital gift card program.
Section 3. The City Council does hereby authorize the Mayor to sign a
Community Card Customer Agreement with Yiftee, Inc. to provide the online platform for
the community e-gift card.
Section 4. This resolution shall become effective immediately upon its approval.
Section 5. The City Clerk shall certify as to the adoption of this City Council
Resolution.
PASSED, APPROVED, AND ADOPTED this 16th day of November 2022.
Emmanuel J. Estrada
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, MARLEN GARCIA , Deputy City Clerk of the City of Baldwin Park do hereby certify that
the foregoing Resolution No. 2022-060 was duly adopted by the City Council of the City
of Baldwin Park at a regular meeting thereof held on November 16, 2022 and that the
same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Marlen Garcia
CITY CLERK
Community Card Customer Agreement
THIS AGREEMENT (the “Agreement”) is made effective as of __________, 2022 (the “Effective Date”) by
and between Yiftee Inc., a Delaware corporation, with an address at 325 Sharon Park Drive #215, Menlo
Park, CA 94025 (“Yiftee”) and _____________________________________ with an address at
_________________________________________(“Customer”). The parties agree a follows:
1. Definitions.
1.1 “Merchant” means a merchant, prospect or other contact that may be using or desire to use
Yiftee Services to redeem eGifts.
1.2 “Participant” means a Merchant who has opted to participate in a Community Card by running
an Activation Card and agreeing to the Merchant Agreement.
1.3 “Yiftee Services” means Yiftee’s gift-giving platform. It is the technology foundation for
Community Cards.
1.4 “Purchaser” means a person or entity that purchases or redeems eGifts.
1.5 “eGift” means a digital virtual gift voucher used as payment for goods or services at a
Participant.
1.6 “Offer” or “Offers” mean specific benefits that Participants provide to consumers who use their
Community Cards in their store, as determined by the Participants and posted on their eGift Card web
page.
2. Merchant Enrollment.
2.1 Merchant Enrollment Obligations
(a) Customer will collect a set of Merchants who have elected to participate in the Yiftee Services.
Merchants must all be located in the same state in the USA, due to varying gift card laws by state. Each
Merchant must agree to the Yiftee Community Card Merchant Agreement located on the Yiftee.com
website. Merchants who have not agreed to the Merchant Agreement will not be able to utilize the
Yiftee Services to redeem eGifts. Customer will upload into the Yiftee Services or provide the names of
the Merchants who intend to participate to Yiftee. Upon the agreed upon launch date, the billing for
the Yiftee Services will begin (“Commencement Date”). This billing will include the agreed-upon cost for
each Participant or group thereof as defined in Appendix A.
(b) Yiftee will provide to Customer or directly to Merchants, upon receipt of the set of Merchant
names in 2.1a, a set of unique Activation Cards to be run by each Merchant. Customer will inform
Merchants of their individual Activation Card and provide instructions on its use. Additionally, Customer
will inform Merchants that running the Activation Card implies consent to the Merchant Agreement
located on the Yiftee.com website.
(c) As Merchants run the Activation Cards, they will be included in the set of Merchants enabled to
participate in the Yiftee Services, i.e. the Participants. Participant may also post their Offers to be
available for eGift Card holders who redeem gifts in their stores.
(d) Yiftee will bill Customer or Merchants as described in Appendix A. Customer can add or remove
Participants and fees will be adjusted accordingly, if applicable. There will be no retroactive adjustments
allowed by Yiftee (that is, a cancelled Participant’s billing obligation will result in that Participant’s cost
to Customer, as defined in Appendix A, to be eliminated beginning only on the next annual billing cycle).
A Participant may be added to the list of Participants at any time (“Enrollment Time”), with billing
adjustment for said Participant to begin immediately and to be included in the current month’s billing.
(e) Each party shall comply with good, ethical and moral business practices and all applicable laws and
regulations in engaging in any activities here under.
(f) Fees and payment terms applicable to the subject matter here under shall be as set forth in
Appendix A. Customer is not entitled to compensation other than what is described in Appendix A.
(g) Customer is responsible and liable for any disputes or liability arising out of its relationships with
Merchants and Participants, except with respect to any liability of Yiftee under this agreement.
2.2 Yiftee Materials.
Yiftee may provide Customer with certain materials for use in conjunction with promoting the Yiftee
Services here under (“Yiftee Materials”). No rights or licenses, express or implied, are granted in those
Yiftee Materials or otherwise, except as expressly and unambiguously set forth in this Agreement.
2.3 Limited Licenses.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants to Customer, a non-
exclusive, non-transferable, non-assignable, non-sublicensable right and license to access and use the
Yiftee Services and Yiftee Materials solely for the purposes of Customer’s performance of this
Agreement.
2.4 Trademark License.
Subject to the terms and conditions of this Agreement, Yiftee hereby grants Customer and Customer
hereby grants Yiftee a non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free
license to use Yiftee’s or Customer’s name, trade names, trademarks, service marks, and logos
(collectively, a party’s “Marks”) solely in connection with Customer’s and Yiftee’s promotion and
marketing of the Yiftee Services, subject to written usage guidelines, if any, made mutually available.
3. Ownership. As between the parties, Yiftee owns all right, title and interest in and to the Yiftee
Services, Yiftee’s Marks and the Yiftee Materials. Customer owns all right, title and interest in and to
Customer’s Marks.
4. Warranties Disclaimer. YIFTEE AND ITS LICENSORS MAKE NO WARRANTIES TO CUSTOMER,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT
OF USAGE OR TRADE, COURSE OF DEALING AND COURSE OF PERFORMANCE.
5. Liability Limitation. EXCEPT FOR LIABILITY ARISING UNDER SECTION 7, NEITHER PARTY (NOR ITS
LICENSORS) WILL BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHATSOEVER, FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE AND IN NO EVENT SHALL EITHER PARTY’S
LIABILITY EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID AND/OR PAYABLE BY YIFTEE TO
CUSTOMER (AND/OR BY CUSTOMER TO YIFTEE, IF PAYMENTS ARE PAYABLE BY CUSTOMER TO YIFTEE IN
ACCORDANCE WITH PROPOSAL) HEREUNDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE
APPLICABLE CLAIM.
6. Term and Termination.
6.1 Term. This Agreement shall be effective as of the Effective Date and shall continue in full force
on an annual period from the Effective Date, and thereafter shall automatically renew annually, unless
and until either party terminates this Agreement pursuant to Section 6.2.
6.2 Termination.
(a) Either party may, at its option, terminate this Agreement upon thirty (30) days written notice to
the other party for any reason or for no reason whatsoever.
(b) Either party may terminate this Agreement if the other party materially breaches a term of this
Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice of such
breach from the non-breaching party.
(c) Participants are obligated to honor all outstanding eGifts issued by Yiftee for the entire duration
of those eGift's validity periods. Termination does not relieve Participants from honoring conditions
outlined in the Merchant Agreement.
6.3 Effect of Termination. Upon any termination: (a) Customer shall immediately cease all
promotion of the Yiftee Services and shall immediately return to Yiftee, or at the option of Yiftee,
destroy, all Confidential Information (as defined below) of Yiftee disclosed to Customer, Yiftee Materials,
and any Yiftee Services, hardware and software provided to Customer here under, (b) Yiftee shall
immediately return to Customer, or at the option of Customer, destroy, all Confidential Information of
Customer disclosed to Yiftee here under, and (c) all licenses granted under this Agreement shall
immediately cease. The following Sections shall survive termination and remain in effect 1, 3, 4, 5, 6.3, 7
and 8. Any termination of this Agreement shall be without prejudice to any other rights or remedies
available under this Agreement or at law.
7. Confidentiality. Because of this Agreement, the parties may have access to information that is
confidential to the disclosing party (“Confidential Information”). Confidential Information shall include,
without limitation, Purchaser lists and information relating to the parties’ products and pricing and all
information designated as confidential by the disclosing party at the time of disclosure. A party’s
Confidential Information shall not include any information which (i) becomes generally publicly available
through no wrongful act or omission of the receiving party; (ii) is lawfully acquired by the receiving party
from a third party without any breach of a confidentiality obligation; or (iii) is independently developed
without use of or reference to the disclosing party’s Confidential Information. Each party agrees to
maintain the confidentiality of the other party’s Confidential Information using the same degree of care
that it uses with regard to its confidential information of like nature, but in no event less than
reasonable care, and to protect as a trade secret any portion of the other party’s Confidential
Information by preventing any unauthorized copying, use, distribution, installation or transfer of
possession of such information. If required by law, the receiving party may disclose Confidential
Information of the disclosing party, but will give adequate prior notice of such disclosure to the
disclosing party to permit the disclosing party to intervene and to request protective orders or other
confidential treatment therefor. The parties acknowledge that money damages will not be an adequate
remedy if this Section 7 is breached and, therefore, either party may, in addition to any other legal or
equitable remedies, seek an injunction or other equitable relief against such breach or threatened
breach without the necessity of posting any bond or surety.
8. Non-solicitation
During the term of this Agreement, neither party will (on behalf of itself or any other person or entity)
solicit any Purchaser or Merchant of the other party to restrict, limit, or terminate such Purchaser’s or
Merchant’s participation in the other party’s products and services.
9. Miscellaneous
9.1 Choice of Law. This contract shall be governed by and construed in accordance with the laws of
the State of California, without regard to the provisions of the conflict of laws thereof. The parties will
resolve any disputes in the state or federal courts located in Santa Clara County, California, to whose
exclusive jurisdiction and venue they irrevocably submit. Notwithstanding anything to the contrary,
either party may pursue injunctive or other equitable relief in any court of competent jurisdiction.
9.2 Notices. Any notice or other communication required or permitted in this Agreement shall be in
writing and shall be deemed to have been duly given on the day of service if served personally or by
facsimile transmission with confirmation, or three (3) days after mailing if mailed by First Class mail,
registered or certified, postage prepaid, and addressed to the respective parties at the addresses set
forth above, or at such other addresses as may be specified by either party pursuant to the terms and
provisions of this section.
9.3 Assignment. Customer may not assign or otherwise transfer, without the prior written consent
of Yiftee, its rights, duties or obligations under this Agreement to any person or entity, in whole or in
part. Yiftee may freely assign or otherwise transfer this Agreement in connection with the sale of all or
substantially all of its business or assets. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and permitted assigns.
9.4 Severability. Any provision of this Agreement that is determined to be unenforceable or
unlawful shall not affect the remainder of the Agreement and shall be severable therefrom, and the
unenforceable or unlawful provision shall be limited or eliminated to the minimum extent necessary to
that this Agreement shall otherwise remain in full force and effect and enforceable.
9.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and
supersedes any and all prior agreements between them, whether written or oral, with respect to the
subject matter hereof, and may not be amended, modified or provision hereof waived, except in a
writing signed by the parties hereto. No waiver by either party, whether express or implied, of any
provision of this Agreement, or of any breach thereof, shall constitute a continuing waiver of such
provision or a breach or waiver of any other provision of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Customer (Print): YIFTEE, INC.
By: By:
Name, Title: Name, Title: Donna Novitsky, Yiftee CEO
Community Card Customer Agreement
APPENDIX A
Pricing
Customer and Participants are not required to pay Yiftee a subscription fee or a revenue share. Yiftee
does not take a percentage of the cards that are redeemed in the Participants’ stores.
Charges:
Purchasers pay the face value of the card plus a $1+5% of the eGift Card value eDelivery fee at the time
of purchase. Bulk purchases of one thousand dollars ($1000) or more, and enterprise accounts may
qualify for a reduced eDelivery fee by depositing funds into their Yiftee eGifting accounts by check or
ACH and disabling credit cards.
Participants pay Mastercard processing fees for a card-not-present (CNP) transaction upon redemption.
Yiftee does not control these fees, they are set by the Merchant Acquirer who is their credit card
processor.
Subject to applicable laws, Yiftee will implement a monthly maintenance fee on eGift Cards that have
been inactive (i.e. no spending on the Card) for periods of greater than 12 months. This will be made
clear to cardholders on the face of the eGift Card when implemented, as is required by law.
Yiftee eGift Cards do not generally expire. Subject to applicable laws, in some cases eGift Cards given by
corporations or merchants as promotions, rewards and awards may have expiration dates. In the case of
eGift Cards expiring, Yiftee retains 10% of the original eGift Card value not to exceed the remaining
unspent funds and refunds the balance to the purchaser’s Yiftee eGift Card account. eDelivery fees are
not refunded.
Participants may choose, at their discretion, to post Offers to encourage Purchasers to use their
Community Cards in their stores.
Participants may choose, at their discretion, to offer rebates as fund raisers to local groups such as
schools, churches and other non-profits. Such programs are an incentive for the local groups to sell
Community Cards to their members, and for the Purchasers to use them in specific stores who are
offering rebates. Yiftee will work with the Participants and Purchasers to execute such programs.
No tipping is allowed on Yiftee eGift Cards.
-1-
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND
HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of November, 2022, by and
between the City of Baldwin Park, a municipal corporation, organized under the laws of the State
of California ("City") and Hinderliter, De Llamas and Associates, Inc., with its principal place of
business at 120 S. State College Blvd. Suite 200, Brea CA 92821 ("Consultant"). City and
Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing professional economic development
consulting services to public clients, is licensed in the State of California, and is familiar with the
plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the planning of
and administrative support for a digital gift card program with Yiftee ("Project") as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional economic development consulting
necessary for the Project ("Services"). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
Additionally, Consultant shall comply with all Federal requirements applicable to the Services as
set forth in Exhibit “A-I.” attached hereto and incorporated herein by reference.
3.1.2 Term. The term of this Agreement shall be for a 1 year period unless earlier
terminated as provided herein. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines. The Parties may, by
mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The
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Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay
all wages, salaries, and other amounts due such personnel in connection with their performance
of Services under this Agreement and as required by law. Consultant shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited to: social
security taxes, income tax withholding, unemployment insurance, disability insurance, and
workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services in a prompt
and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B"
attached hereto and incorporated herein by reference. Consultant represents that it has the
professional and technical personnel required to perform the Services expeditiously. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel
of at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. The key personnel for performance of this Agreement are as follows: Barry
Foster, Principal/Managing Director and Ken Duran, Senior Advisor.
3.2.5 City's Representative. The City hereby designates Ron Garcia,
Community Development Director, or his designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of
all products submitted by Consultant but not the authority to enlarge the Scope of Services or
change the total compensation due to Consultant under this Agreement. The City Administrator
shall be authorized to act on City's behalf and to execute all necessary documents which enlarge
the Scope of Services or change the Consultant's total compensation subject to the provisions
contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from
any person other than the City Administrator, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Barry Foster,
Principal/Managing Director, or his designee, to act as its representative for the performance
of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences, and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
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in the performance of Services and shall be available to City's staff, consultants and other staff at
all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subconsultants
shall have sufficient skill and experience to perform the Services assigned to them. Consultant
represents that it, its employees and subconsultants have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant's failure to comply
with the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall
be promptly removed from the Project by the Consultant and shall not be re-employed to perform
any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees
that if the Services are not completed within the aforementioned Performance Time and/or
pursuant to any such Performance Milestones developed pursuant to provisions of this
Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for
all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement
for cause.
3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it
fully complies with all requirements and restrictions of state and federal law respecting the
employment of undocumented aliens, including, but not limited to, the Immigration Reform and
Control Act of 1986, as may be amended from time to time and shall require all subconsultants
and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
a violation of any such law within the five (5) years immediately preceding the date of execution
of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Equal Opportunity Employment. Consultant represents that it is
an equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.3 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed
by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.2.10.4 Safety. Consultant shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Consultant
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any subconsultant
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subconsultant has secured all insurance required under this section. Failure to provide and
maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 Types of Insurance Required. As a condition precedent to the
effectiveness of this Agreement for work to be performed hereunder, and without limiting the
indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations
under such Agreement, shall procure and maintain in full force and effect during the term of the
Agreement the following policies of insurance. If the existing policies do not meet the insurance
requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies
to do so.
(A) Commercial General Liability: Commercial General Liability
Insurance which affords coverage at least as broad as Insurance Services Office "occurrence"
form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and
no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the
limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual
liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability);
(3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the
terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability
Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering
"Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all
activities with limits of not less than $1,000,000 combined limit for each occurrence.
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(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of
not less than $1,000,000 per accident for bodily injury and disease.
3.2.11.3 Insurance Endorsements. Required insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms approved by
the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The
City, its officials, officers, employees, agents, and volunteers shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude
"contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other
exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial
General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10
10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this
requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage
reduced until a thirty (30) day written notice of cancellation has been served upon the City except
ten (10) days shall be allowed for non-payment of premium.
(B) Automobile Liability. (1) Cancellation: Required insurance
policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of
cancellation has been served upon the City except ten (10) days shall be allowed for non-payment
of premium.
(C) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written
notice of cancellation has been served upon the City except ten (10) days shall be allowed for
non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the
insurer waives all rights of subrogation against the City, its officials, officers, employees, agents,
and volunteers.
3.2.11.4 Primary and Non-Contributing Insurance. All policies of
Commercial General Liability and Automobile Liability insurance shall be primary and any other
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees,
agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
3.2.11.5 Waiver of Subrogation. All required insurance coverages,
except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation
in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
3.2.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-
insured retention must be approved in writing by the City and shall protect the City, its officials,
officers, employees, agents, and volunteers in the same manner and to the same extent as they
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would have been protected had the policy or policies not contained a deductible or self-insured
retention.
3.2.11.7 Evidence of Insurance. The Consultant, concurrently with the
execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall
deliver either certified copies of the required policies, or original certificates on forms approved by
the City, together with all endorsements affecting each policy. Required insurance policies shall
not be in compliance if they include any limiting provision or endorsement that has not been
submitted to the City for approval. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that
such insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the
required coverage, Consultant shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies.
3.2.11.8 Acceptability of Insurers. Each such policy shall be from a
company or companies with a current A.M. Best's rating of no less than A:VII and authorized to
transact business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code or any
federal law.
3.2.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligation on the City
nor does it waive any rights hereunder.
3.2.11.10 Requirements Not Limiting. Requirement of specific coverage
or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or
other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of
insurance coverage to be maintained by Consultant, and any approval of said insurance by the
City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is canceled
and not replaced, City has the right but not the duty to obtain the insurance it deems necessary
and any premium paid by City will be promptly reimbursed by Consultant or City will withhold
amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel
this Agreement.
(C) The City may require the Consultant to provide complete
copies of all insurance policies in effect for the duration of the Project.
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(D) Neither the City nor any of its officials, officers, employees,
agents or volunteers shall be personally responsible for any liability arising under or by virtue of
this Agreement.
(E) The limits set forth herein shall apply separately to each
insured against whom claims are made or suits are brought, except with respect to the limits of
liability. Further the limits set forth herein shall not be construed to relieve the Consultant from
liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations
to the City and shall not preclude the City from taking such other actions available to the City
under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s
insurer, any and all insurance claims submitted by Consultant in connection with the Services
under this Agreement.
3.2.11.12 Insurance for Subconsultants. Consultant shall include all
subconsultants engaged in any work for Consultant relating to this Agreement as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for causing
subconsultants to purchase the appropriate insurance in compliance with the terms of these
Insurance Requirements, including adding the City, its officials, officers, employees, agents, and
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial
General Liability insurance provided by Consultant’s subconsultants performing work relating to
this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an
endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to
commence work on any subcontract relating to this Agreement until it has received satisfactory
evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to
the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this
section upon request of the City.
3.2.12 Water Quality Management and Compliance. Consultant shall keep itself
and all subcontractors, staff, and employees fully informed of and in compliance with all local,
state and federal laws, rules and regulations that may impact, or be implicated by the performance
of the Services including, without limitation, all applicable provisions of the City’s ordinances
regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C.
§ 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000
et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant must additionally comply with the lawful requirements of the City, and any other
municipality, drainage district, or other local agency with jurisdiction over the location where the
Services are to be conducted, regulating water quality and storm water discharges. City may
seek damages from Consultant for delay in completing the Services caused by Consultant’s
failure to comply with the laws, regulations and policies described in this Section, or any other
relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Twelve Thousand Five Hundred Dollars ($12,500.00) without written approval of
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the City Council or City Manager as applicable. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
The City Manager will have authority to approve Extra Work within 10% of the total compensation.
3.3.2 Payment of Compensation. Consultant shall submit to City a quarterly
invoice, no later than the fifteenth (15th) calendar day of each quarter, which indicates work
completed and hours of Services rendered by Consultant during the prior month. The invoice
shall describe the amount of Services provided since the initial commencement date, or since the
start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall,
within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved
charges. If the City disputes any of Consultant's fees, the City shall give written notice to
Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
Payment shall not constitute acceptance of any Services completed by Consultant. The making
of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to
Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted at the time of renewal as set forth
in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request, and shall post copies at the Consultant's principal
place of business and at the project site. It is the intent of the parties to effectuate the
requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code
within this Agreement, and Consultant shall therefore comply with such Labor Code sections to
the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, agents, and volunteers free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a
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public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department of
Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project
and require the same of any subconsultants. This project may also be subject to compliance
monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the DIR against Consultant or any
subconsultant that affect Consultant’s performance of services, including any delay, shall be
Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Consultant caused delay and shall not be compensable by the City. Consultant
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant
or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the performance
of Services under this Agreement. Consultant shall be required to provide such document and
other information within fifteen (15) days of the request.
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3.6.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant: HdL Companies
120 S. State College Blvd. Suite 200
Brea, CA 91821
ATTN: Barry Foster, Principal/Managing Director
City: City of Baldwin Park
14403 E. Pacific Avenue
Baldwin Park, California 91706
ATTN: Ron Garcia, Community Development Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished. The reproduction expense shall be borne by City
at the actual cost of duplication. In the event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this Agreement, Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of actual reasonable duplication costs. Before destroying the
Documents & Data following this retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
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Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data or any part of them at any time for purposes of this Project or
another project, provided that any such use not within the purposes intended by this Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the
negligent use or re-use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the
City, its directors, officials, officers, employees, volunteers and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any
patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person
or entity in consequence of the use on the Project by City of the Documents & Data, including any
method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents & Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing
Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel
determines that the release of the Proprietary Information is required by the California Public
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written
notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal
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action brought to compel the release of Proprietary Information. City shall not release the
Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to
fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal
action brought to compel such release; and/or (2) a final and non-appealable order by a court of
competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend
(with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant’s
Services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney’s fees and other related costs and expenses except such loss
or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation
to indemnify shall survive expiration or termination of this Agreement and shall not be restricted
to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold
harmless arises out of Consultant’s performance as a “design professional” (as that term is
defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not
exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Consultant. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
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3.6.8 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney’s fees and all other costs of such action.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.12 Assignment; Subcontracting. Consultant shall not assign, sublet, or
transfer this Agreement or any rights under or interest in this Agreement without the written
consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer
without such consent shall be void and without legal effect and shall constitute grounds for
termination. Consultant shall not subcontract any portion of the Services required by this
Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement.
3.6.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of
this Agreement.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.16 No Third-Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6.18 Prohibited Interests. Consultant maintains and warrants that it has not
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employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this Agreement,
or obtain any present or anticipated material benefit arising therefrom.
3.6.19 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.21 Survival. All rights and obligations hereunder that by their nature are to
continue after any expiration or termination of this Agreement, including, but not limited to, the
indemnification obligations, shall survive any such expiration or termination.
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF BALDWIN PARK AND
HINDERLITER, DE LLAMAS AND ASSOCIATES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF BALDWIN PARK HINDERLITER, DE LLAMAS AND
ASSOCIATES, INC.
By: ____________________________ By:________________________________
Emmanuel J. Estrada Andrew Nickerson
Mayor President/CEO
Date:___________________________ Date:______________________________
Attest:
Date:
City Clerk
Approved as to Form:
______________________________ Date:
City Attorney
Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide services pursuant to the terms set forth in this agreement and
formulate a plan for and the administration of a digital gift card program with Yiftee, including but
not limited to the following components.
• Assist the City in designing, developing, marketing and/or refining, plus administrative
support for implementing and operating a digital gift card program with Yiftee.
• Helping the City to develop a strategy for spending limits, targeted business participants,
plus marketing and outreach coordination with City staff and local business
representatives for implementing and operating a shop local digital gift card program
with Yiftee.
Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
Consultant shall complete the Services within the schedules agreed upon by the City and
Consultant to complete the Services within the term of the Agreement.
Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all
Services rendered under this Agreement at the rates set forth below for a total compensation
amount not to exceed Twelve Thousand Five Hundred Dollars ($12,500.00) over the term of the
Agreement.
Hourly Consulting Rates
Staff Position Hourly Rate
Principal $250
Sr. Advisor $180
Analyst $100
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MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Community Development Director
DATE: November 16, 2022
SUBJECT: Digital Gift Card Program Guidelines
1. PURPOSE
In its ongoing efforts to continue to assist small businesses and especially those still recovering from the
COVID-19 pandemic, the City of Baldwin Park has established a Digital Gift Card Program. The following
are guidelines for the program that are intended to ensure that the most impacted small businesses are
prioritized and to ensure consistency in the implementation of the program.
2. Eligible Businesses
2.1. A business that has 10 or fewer employees.
2.2. Must be located in a commercial location in Baldwin Park.
2.3. In operation for at least a year.
2.4. Must be a brick-and-mortar business.
2.5. Examples of eligible business include:
2.5.1. Retail
2.5.2. Independent restaurants/Café
2.5.3. Personal Services such as:
2.5.3.1. Hair Stylists
2.5.3.2. Barbers
2.5.3.3. Estheticians
2.5.3.4. Nail Salons
2.5.3.5. Dry cleaners
2.5.3.6. Pet groomers
2.5.3.7. Fitness/specialty studios, including martial arts, yoga, dance and music.
3. Ineligible Businesses
3.1. Gas stations
3.2. Grocery stores
3.3. Cannabis businesses
3.4. Massage businesses
3.5. Tobacco or vaping businesses
3.6. Liquor stores/sales
3.7. Adult industry businesses
3.8. Corporate and/or franchise owned businesses with multiple locations or not a Baldwin Park based
company.
3.9. Gaming businesses
4. Digital Card Parameters
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4.1. Each individual purchaser will be limited to a max of 3 cards.
4.2. Each bonus card will have an expiration of 6 months to encourage prompt use of the cards.
4.3. The cards are only to be used at participating Baldwin Park businesses.
4.4. City employees are not eligible to purchase gift cards.
5. Requirements for Participating Businesses
5.1. Participating businesses must be at least able to process a manual entry Mastercard transaction, the
program will work with any Point-of-Sale system.
5.2. Must have an active business license.
5.3. Merchant pays their normal Card-Not-Present processing fee.
5.4. No outstanding code enforcement actions.
5.5. Businesses are encouraged to promote the program.
6. Requirements of the City
6.1. The city will establish the matching amounts, which can vary and will be at the discretion of the city.
6.2. Evaluate and possibly adjust the max number of cards per purchaser.
6.3. Execute an agreement(s) with a 3rd party/consultant(s)/service providers to implement the program.
6.4. Cover the cost of the 3rd party/consultant including the consultant’s compensation and customer service
fee.
6.5. Promote the program to potential digital gift card buyers.
6.6. Work with 3rd party/consultant or any other partners to recruit participating businesses.
6.7. Serve as a point of contact and information for digital card purchasers and participating businesses.
ITEM NO. 5
SUMMARY
The purpose of this staff report is for City Council to reject previous proposals received on August 4th,
and consider authorization to Re-issue an RFP with a modified the scope of the project for Website
Redesign, hosting, and maintenance services.
RECOMMENDATION
Staff recommends that the City Council:
1) Reject previously received proposals; and
2) Approve and authorize the advertisement of the modified Request for Proposal (RFP) for the
Website Redesign, Hosting and Maintenance Services.
FISCAL IMPACT
There is no fiscal impact to the General Fund at this time.
BACKGROUND
During the review process, it was brought to the attention of the website committee that conflicting
information was given as answers to inquiry’s by potential vendors. The previous RFP was unclear if
proposals would be accepted if they included either an open source or closed-source proprietary CMS.
It has since been determined that both methods will be acceptable for this project and as such the
scope of this project has been modified.
At their September 1, 2021, City Council Meeting, City Council approved Fiscal Year (FY) 2021-2022
CIP budget, which included a line item under Cost Center 710 for the redesign of the City’s website and
any associated costs with the upgrade. Staff was able research best practices around web design to
create an RFP representative of all City department needs. Members of the E-Team and Department
Liaisons participated and provided vital feedback to finalize the RFP. The City is soliciting proposals
from qualified vendors for the development of a modern, and user-friendly website that will provide
digital government services and community engagement as well as future maintenance support
services. The new website hosting platform must be compatible with the City’s existing software and
registration programs. The RFP calls the new website to offer an interactive experience for user
navigation and offer multi languages for an overall experience. The RFP also requests for the creation
of a mobile application. Additionally, the new website requires to incorporate the ability for users to
make online credit card payments using city’s contracted vendor.
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Services
DATE: November 16, 2022
SUBJECT: Authorization to Re-Issue a Request for Proposal (RFP) for
Website Redesign, Hosting and Maintenance Services
Event Date
RFP Released November 16, 2022
Deadline to Submit Questions December 1, 2022 by 5:00pm
Proposals Due December 15, 2022 by 5:00pm
Staff will review all proposals and present at a subsequent meeting to award contract.
LEGAL REVIEW
The City Attorney has reviewed the Request for Proposals (RFP) and approved it as to form.
ALTERNATIVES
The alternative is not to approve the RFP.
ATTACHMENTS
1. Request for Proposal (RFP)
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City of Baldwin Park
Request for Proposals
Website Redesign, Web Hosting and
Maintenance Support Services
(REVISED)
Schedule of Events
RFP Released 11/16/22
Deadline to Submit Questions 12/1/22 by 5:00pm
Proposals Due Electronically 12/15/22 by 5:00pm
Note: This schedule is the anticipated schedule of events, and the dates are subject to change.
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Section A: Overview
1. Background
The City of Baldwin Park is located in the heart of the San Gabriel Valley, its 6.7 square miles
serves as home to just over 75,000 residents. The City employs over 250 Full & Part-time
employees. Currently the software being used for the City’s website is JOOMLA CMS. The City
is soliciting proposals from qualified vendors for the development of a modern, and user-friendly
website that will provide digital government services and community engagement as well as future
maintenance support services. The new website hosting platform must be compatible with the
City’s existing software and registration programs, such as Tyler Incode10, Tyler EnerGov,
Granicus, and Rec Trac/Vermont systems software.
2. Project Description
The City is seeking the aid of an experienced vendor who specializes in partnering with
municipalities to enhance their online capabilities. Specifically, the City needs an updated website
to enhance the user experience, simplify content management, and provide improved citizen-
centric information and customer service to the community, while meeting high standards for
design quality and visual appeal. At a minimum, the new website must be developed with a
responsive design that will adjust to all devices. Further, the site must be easily maintained without
requiring HTML knowledge. The new website will have the depth of functionality that will enable
the City’s staff to streamline processes and provide the best user experience for our citizens, more
specifically described in Section B.1. In addition, the vendor should have a team of experts who
have in-depth experience working with local government and will equip our staff with the training,
resources, and tools to do their jobs quickly and efficiently, both during implementation and after
system launch. The City also seeks a vendor that has the capability of integrating additional
features and functionality that may be identified in the future. The City would like the vendor to
provide secure, cloud-based hosting services and 24/7/356 support. The City seeks a partnership
with the chosen vendor to create an online presence that continually engages our citizens. The
City also seeks a partner with experience in connecting GIS Mapping capabilities to the website.
Responses will only be considered from vendors who have extensive experience partnering with
municipalities and are regularly engaged in the business of providing and performing similar
services requested in this solicitation.
3. Questions and Requests for Clarification
All questions and requests for clarification shall be made in writing and sent via email to the
following individual no later than the deadline to submit questions identified in the Schedule of
Events. Contact: Manuel Carrillo Jr., Director of Recreation and Community Services Email:
mcarrillo@baldwinpark.com
4. Addenda
The City will answer all questions and requests for clarification in the form of an addendum that
will be published on the City’s website www.baldwinpark.com. It is the responsibility of the vendor
to check for any issued addenda before submitting a response.
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5. Submittal Requirements
Email Submittal
Submit one, electronic file (.pdf file preferred) via email to: mcarrillo@baldwinpark.com Indicate
in the subject line “RFP - Website Redesign – [Vendor Name]”. The City will only accept
attachments up to 10MB.
Hardcopy submittal (Optional)
Submit one (1) hardcopy of response in a sealed envelope and mailed to:
Contact Name: Manuel Carrillo Jr., Director of Recreation and Community Services
City of Baldwin Park
4100 Baldwin Park Blvd.
Baldwin Park, CA 91706
Clearly mark the submittal envelope with the “RFP- Website Redesign” and vendor’s name.
Submittals not received on or before the specified deadline stated in the Schedule of Events will
not be accepted (no exceptions). Proposals submitted in response to this RFP shall be valid for
180 days from the submittal due date. The City reserves the right to request follow-up information
or clarification from vendors in consideration. Vendor is responsible to ensure delivery by the date
and time included.
6. Evaluation Criteria & Contract Award
Responses to this RFP will help the City identify the most qualified vendor and will be indicative
of the level of the vendor's commitment. The City will evaluate the qualifications, references,
overall fit with the City, as well as take into consideration the proposed scope and pricing
submitted to determine the most qualified website vendor. A selection committee will review all
proposals received as a part of a documented evaluation process. The City will evaluate proposals
according to the following criteria:
• Responses to the City’s functional requirements
• Price and quality of the proposed software solution, training, and implementation services
plan; and price and quality of the proposed ongoing software maintenance/support
services.
• Experience, demonstrated performance and financial viability of the proposers firm,
including experience in public sector and similar organizations.
• Compatibility with City’s technical architecture, and standards
• Strategy and responses to technical requirements.
• Quality, clarity and responsiveness of the proposal in conformance with instructions.
The City has established a proposal review team to evaluate proposers based on the response
to the RFP and the City evaluation criteria set forth above. Scoring criteria, review and calculations
methodology to be created by the City and the City maintains full discretion regarding the
evaluation process. The ultimate consultant selection will be based upon both technical and merit
and cost competitiveness. The cost to the City for performing the work shall be important, but not
an overriding consideration. Subsequent to selection of a successful proposer, the City will draw
up an agreement reflecting the terms and conditions of the proposal plus the City’s standard
liability and insurance requirements. The City reserves the right to conduct interviews with
prospective consultants to clarify any issues or obtain additional information, as necessary.
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Section B: Minimum Requirements
The information in this section represents required functional capabilities necessary to meet the
City’s goals for a website redesign. The items listed are not all-inclusive, and other items may be
recommended or added that would benefit the City. The City's new vendor must be able to
provide, at a minimum, the components shown.
1. Website Redesign & Content Management System
Minimum functional requirements must include:
Engagement & Communication
• Alerts & Notifications - Display alerts prominently on website with notifications sent via
email and text messaging to subscribers
• Calendar - Update/publish calendars for departments/categories with a main calendar to
display all events
• E-Notifications - Electronic subscription, scheduled notifications for email and SMS
• News & Announcements - Post news releases or updates dynamically to relevant pages
based on category
• Request Tracking - Citizens can submit requests with automated workflow to correct
individual/department with exportable statistics and reports
• Sharing Capability - Links to share content via email and social media on every page
• Website Visitor Profile - Visitors can pick and choose the information that automatically
becomes fed to their profile upon site login
• Automated Accessibility Remediation capabilities equal to or greater than WCAG 2.1
• Home page template capable of YouTube Video Embeds
Document Management
• Agenda Management - Upload existing, create new, categorize, approve and manage
agendas
• Archival of Recurring Documents - Store agendas, minutes, newsletters and other
documents
• Document Storage - Upload/download capability for files up to 1GB, back-end ability to
search within published and unpublished documents
• Online Forms - Create unlimited customizable forms, track and export results
• Image Repository - Store images in a central location on website
• Rotating Photos/Banners - Slideshow capabilities on homepage
Information & Navigation
• Frequently Asked Questions - Ability to categorize FAQs by department or page
• Directories for Staff - Ability to allow citizens to search for information about staff members
• Activities - Create classes, display class schedules, limit the number of persons that can
sign up per class, and email those who have registered for specific classes
• Facility Management - Listings with maps, filtered search, and reservation capability with
our current RecTrac/Vermont systems software.
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• Online Job Postings and Application - Applicants can also create an online profile, fill out
application and attach additional documents utilizing current services with
Governmentjobs.com
• RFP/RFQ/Bid Posting - Allow for easy posting of bids to the site for staff
Administrative Features
• Proposals may include either an open source or closed-source proprietary CMS.
• Browser Based Administration - Update, delete and create content from any device with
internet access
• Content Scheduling - Set dates for content to automatically publish and expire
• Intranet - Restrict pages by login
• Permissions - Allow system administrators to establish levels of rights for staff to
update/manage/access content based upon roles
• WYSIWYG Live Editing - Add, edit and move content directly on the front end of the site
without the need to utilize or be trained in writing HTML or CSS code
• Multilingual Support - Using Google Translate or similar
• Online Payments - Ability to accept secure online transactions with current contracted
vendor
• Printable Pages - Print-friendly function
• Responsive Web Design - Fully mobile responsive design - site adjusts to the screen size
of all devices it’s being view on, includes forms, calendars, etc.
• RSS Feeds - Registration by Department or Category
• Site Search - Internal site search engine and log of search terms
• Site Statistics - Analytics and site audit reports
• Sitemap & Breadcrumbs - Automatically generated and updated sitemap and
breadcrumbs
• Social Media Interface - Display feeds and push to social media accounts
2. Project Management & Implementation
The chosen vendor will supply a professional project team to oversee and provide the
implementation services needed for a successful implementation of the City’s new website. The
vendor’s project team shall be responsible for developing a comprehensive project management
plan to include outlining methods of communication for implementation, supplying a detailed
project timeline, and identifying tasks and deliverables for both City staff and vendor’s staff.
3. Training
The City expects the vendor to provide in-depth, professional training services which will educate
City staff on functionality, features, processes, and best practices. After training sessions, City’s
staff should be confidently prepared to maintain the new website after launch.
4. Continuing Services
The City anticipates an on-going partnership with the chosen vendor after launch of the system,
which shall include:
Technical Support & Services
• Technical Support – The vendor shall provide U.S.-based, live technical support, including
emergency support after business hours. Technical support shall be available through
multiple communication channels, including phone, email, and chat. Self-service training
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(video tutorials, documents, or webpages) shall be available for City staff to access at any
time.
• Maintenance – The vendor shall continually work to enhance and update the systems.
This should include, at a minimum, development, testing, backups, and regularly
scheduled fixes, patches, and other enhancements.
Hosting & Security
• 99.9% uptime (outside of scheduled maintenance) guaranteed by Service Level
Agreement
• U.S. - based, tier II data center with 24/7/365 system monitoring
• Automated software updates and security patches and high-performance SAN with N+2
reliability
• Minimum bandwidth of 22 Gb/s
• Disaster recovery process with a recovery time objective no greater than eight hours and
recovery point objective no greater than 24 hours
• Geographically redundant backups
• DDoS mitigation with DDoS advanced security coverage options
Optional Services
• Integrated Chatbot
• Independent Application/ CRM App (replacement of current CRM app)
• Optional integration capabilities for a Robust Parks and Recreation Platform
• The ability for Departments to offer their own unique home pages including but not limited
to: Logo and Branding, menus, and action buttons
Section C: Submittal Format &
Requirements
The City will evaluate vendor experience, qualifications, and capabilities for developing and
implementing the technology requested in this RFP. The narrative portion and the materials
presented in response to this Request for Proposals should be submitted in the same order as
outlined and must contain, at a minimum:
1. Executive Summary
• Provide a short overview of how vendor will assist the City in achieving the goals outlined
in this RFP
2. Company Profile
• Include an overview of vendor’s company, which encompasses a brief company history
highlighting your experience working with local governments, the length of time the
company has been in business, and the number of current employees
• Name the vendor’s main point of contact for the RFP process, including their email
address and telephone number
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• Describe any differentiators that set vendor and vendor’s systems apart from your
competitors
• One-source vendors are preferred. If utilizing subcontractors for any portion of the RFP
requirements, provide subcontractor company information and key personnel involved
3. Experience
• Provide a minimum of three municipal references, and include the following information
for each:
o Client name
o Website URL
o Client contact person and title
o Phone
o Email address
• Provide a portfolio of 4-6 examples of vendor’s website design experience
4. Project Team
• Identify and define vendor’s project team roles for implementation
• Include a project team organization chart showing the relationship of each role
5. Features & Functionality
• Provide a brief description of how vendor’s solution meets the minimum functional
requirements as identified in Section B. 1.
• Identify any functional requirement vendor’s solution cannot provide as described in
Section B. 1.
• Complete and include Exhibit A – Functional Requirements table
6. Implementation Plan
• Provide a typical phased implementation timeline including major tasks and deliverables
• Include a description of the vendor’s implementation approach
• Outline what role the City will play in the implementation of the new website
7. Ongoing Services
• Technical Service & Support
o Describe vendor’s technical support services, including hours of support, methods
to access support, and the availability of emergency support
o Identify any online, self-service training, and support resources available after
launch
o Describe provided maintenance, including system releases, patches, and
enhancements
• Hosting & Security
o Describe proposed hosting and security services that meets the requirements in
Section B.4
o Describe security, backup, and disaster recovery processes
8. Investment Proposal
• All pricing must be provided as an all-inclusive/lump sum amount. Include the following:
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o One-Time Implementation Services
Include specific details and amounts of any content or data migration,
training hours, and any included enhancements and functionality to meet
the requirements
o Annual Services
Include details on hosting and security, technical support, and maintenance
o Fees
Total first year cost (combined one-time fees and first year annual fees)
Annual fees beginning year 2
• Separately list any optional enhancements that vendor believes will benefit the City’s
project.
9. Exceptions
• Identify any exceptions to the specifications of this RFP and attachments. Exceptions must
reference the relevant section(s) and an alternate solution or substitute language in lieu
of such requirement or specification.
Section D: General Provisions
1. Contract Negotiation & Insurance
The City reserves the right to enter into a contract with the selected vendor that the City deems
to offer the best overall qualifications and experience. It is the intent of the City that after the
successful vendor has been selected, the City and the selected vendor will enter into contract
negotiations containing all terms and conditions of the proposed service. Any acceptance of a
proposal is contingent upon the execution of a written contract and the City shall not be
contractually bound to any bidder prior to the execution of such written contractual agreement.
Before signing a contract with the successful vendor, the City requires satisfactory proof that the
vendor has adequate ongoing insurance coverage for the work to be performed under the
contract.
2. Costs of Proposal
The City will not be liable for any costs incurred by the vendor in preparation of a proposal
submitted in response to this RFP, in conducting of a presentation, or any other activities related
to responding to this RFP.
3. No Obligation
This RFP does not obligate the City to award a contract for services specified herein.
In addition, the City reserves the right to cancel this RFP, to reject any and all proposals, to waive
any and all informalities and/or irregularities, or to re-advertise with either the identical or revised
specifications, if it is deemed to be in the best interest of the City.
4. Modification or Withdrawal of Proposal
Prior to the scheduled closing time for receiving proposals, any vendor may withdraw their
proposal. Only written requests for the modification or correction of a previously submitted
proposal received by the City prior to the RFP due date and time will be accepted. Oral, telephone,
9
or fax modifications or corrections will not be recognized or considered. After the scheduled
closing date and time for receiving proposals, no proposal may be withdrawn.
5. Proposal Submission Certification
By submitting a proposal, vendor certifies that he or she has carefully examined all the documents,
thoroughly reviewed this RFP, and understands the nature and scope of the work to be done and
the terms and conditions thereof.
STAFF REPORT
ITEM NO. ________6_________
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
DATE: November 16, 2022
SUBJECT: Consideration to Approve Resolution No. 2022-061
Adopting a Mitigated Negative Declaration and Mitigation,
Monitoring, and Reporting Program (MMRP) for the
Barnes Park Multi-Benefit Stormwater Capture Project
SUMMARY
On May 19, 2021, City Council approved a Professional Services Agreement with CWE to perform
design services for the Barnes Park Multi-Benefit Stormwater Capture Project.
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-061 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK APPROVING AND ADOPTING (1) AN INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE BARNES PARK MULTI-BENEFIT STORMWATER CAPTURE
PROJECT LOCATED AT 3251 PATRITTI AVE.”
FISCAL IMPACT
There would be no adverse fiscal impact associated with adoption of the Mitigated Negative Declaration
and Mitigation, Monitoring, and Reporting Program for the Barnes Park Multi-Benefit Stormwater
Capture Project. The tasks leading the development of the Initial Study were part of CWE’s original
scope of work and contract agreement (amount $816,300), which was funded through Measure W
funds.
CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA)
The Project will expand the park and improve recreational opportunities onsite. The whole park,
excluding the existing building, splash pad, exercise equipment area, and part of the parking lot, will be
demolished and reconstructed. The Project will include a stormwater capture system with Best
Management Practices (BMPs) to capture, treat, and infiltrate runoff from a 443-acre catchment.
Improvements will also be made near the intersections of Auckland Street and Barnes Avenue, and
Syracuse Avenue and Finchley Street to address perceived surface flooding/ponding. Improvements
will include modified grading and new catch basins that tie into the City’s storm drain system. The
Project will achieve a pollutant load reduction to downstream water bodies by capturing wet- and dry-
weather runoff. Captured runoff will be discharged into a subsurface storage system that will facilitate
infiltration and groundwater recharge. Project goals are summarized as follows:
Enhance water quality locally and in downstream water bodies (San Gabriel River)
Reduce local dependency on imported water through groundwater recharge
Educate local communities through education and outreach
Reduce localized flooding in the Project drainage area
Expand the park to provide increased green space available and public amenities
Improve the park to include accessible features and new amenities
Provide community enhancements through surface restoration and improvements
Surface improvements to the existing park include increasing the size of Barnes Park with
development planned for two vacant parcels north of the existing park boundary. The existing park
will be almost fully demolished, except for the existing building, splash pad area, exercise equipment
area, and a portion of the parking lot, and replaced with new and enhanced features. Park
improvements will include the following:
Additional parking through an expanded parking lot and new street-side diagonal parking along
Patritti Avenue south of the existing parking lot
Modified and new trails around the park
Two new basketball courts north of the existing building (replacing the one basketball court
that is existing under existing conditions)
Grass/turf improvements and space for two soccer fields
New futsal court in the expanded park area with seating for spectators
Drought-tolerant landscaping, trees, and new irrigation system
Surface swales with pedestrian bridges, especially on the north side of the park
New dog park area on the south side of the existing park with fences and monument signs to
create both a small dog area and an area for dogs of any size
Play lots will be replaced with new equipment, new shade structures, and a larger playground
that will feature big and small kid play areas, tables, and benches around the existing exercise
equipment area
New and improved shade shelters with tables, grills, and other amenities
Space for movies and shows in the park (allow for equipment to be temporarily used)
Water features near the recreational building
Fencing/wall enhancements around the park and along the expanded perimeter
Improved lighting throughout the park, including pathway and sports lighting
Pursuant to the California Environmental Quality Act (CEQA), the City of Baldwin Park (“City”) prepared
a Draft Initial Study/Mitigated Negative Declaration (IS/MND) to identify potential site-specific
environmental constraints associated with the Barnes Park Multi-Benefit Stormwater Capture Project
(Project), located near the Interstate 605 (I-605) and Interstate 10 (I-10) interchange and along Patritti
Avenue at Barnes Park (3251 Patritti Avenue, Baldwin Park, California 91706). The Draft Initial Study
determined that the project could result in potentially significant impacts to the following environmental
topics: aesthetics, agriculture and forestry resources, air quality, biological resources, cultural
resources, energy, geology/soils, greenhouse gas emissions, hazards and hazardous materials,
hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public
services, recreation, transportation, tribal cultural resources, utilities/service systems, wildfire, and
mandatory findings of significance. Since all potentially significant impacts could be fully mitigated, the
project qualifies for a Mitigated Native Declaration (MND) and therefore would not require the
preparation of an Environmental Impact Report (EIR) pursuant to CEQA.
On October 11, 2022, the city released for public review the Draft IS/MND for the project pursuant to
Section 15105 of the State CEQA Guidelines. The public review and comment period for the Draft
IS/MND began on October 11, 2022 and closed on November 10, 2022. A Notice of Intent to adopt
the IS/MND for the project was published recorded with the Office of Planning and Research, and the
Los Angeles County Recorder’s office, circulated to interested parties, and posted on the City’s
website along with the Draft IS/MND and its technical appendices. Hard copies were also made
available for viewing at the Baldwin Park library, community center, Barnes Park Family Recreation
Center, as well as at the City’s Headquarters located at 14403 E. Pacific Ave. As required by CEQA,
a Notice of Completion form along with copies of the Draft IS/MND were sent to the State
Clearinghouse soliciting review and comment on the report by the relevant State agencies. The State
Clearinghouse subsequently assigned the following State Clearinghouse Number for the Draft
IS/MND: 2022100108.
During the public review period, comments were received from:
• Miya Edmonson, California Department of Transportation
• Daniel Nguyen, South Coast Air Quality Management District
A Final IS/MND was prepared to address the comments from Miya Edmonson, California Department
of Transportation and Daniel Nguyen, South Coast Air Quality Management District. Responses to
the comments are included in the Final IS/MND. The key findings from the Final IS/MND include:
• The CEQA Appendix G Environmental (Initial Study) Checklist is included in Section 3. The
Initial Study Checklist identifies potential environmental impacts, by sections, and provides a
brief discussion of each impact resulting from implementation of the proposed Project. Each
response checked in the environmental checklist is discussed and supported with sufficient
data and analysis as necessary. As appropriate, each section has discussion that describes
and identifies specific impacts anticipated with project implementation.
In addition to the responses to comments, the Final IS/MND includes the Draft IS/MND and a
Mitigation, Monitoring, and Reporting Program (MMRP) and incorporates the Draft IS/MND by
reference. An Environmental Impact Report (EIR) pursuant to CEQA is not required for the proposed
project. No edits to the Draft IS/MND were required based on the comments that were received. The
Final IS/MND does not describe a project having any new or substantially more severe impacts than
those identified and analyzed in the Draft IS/MND. Therefore, in accordance with State CEQA
Guidelines Section 15073.5, recirculation of a Draft IS/MND is not required.
The Final IS/MND is an informational document that (1) must be considered by the City’s decision-
makers before approving the project, and (2) must reflect the Lead Agency’s independent judgment
and analysis (CEQA Guidelines, Section 15090). The city must first adopt the IS/MND and approve
the MMRP prior to approving the project. If the City formally approves the project, the City shall file a
CEQA Notice of Determination with the County Clerk within five working days of project approval. A
copy of the Notice of Determination filed by the County Clerk shall also be sent to the State
Clearinghouse.
CONCLUSION
Based on the findings of the Initial Study, it is recommended that the city council approve Resolution
No. 2022-061 Adopting a Mitigated Negative Declaration for the Barnes Park Multi-Benefit
Stormwater Capture Project.
ATTACHMENTS
1. Resolution No. 2022-061
2. Initial Study and Mitigated Negative Declaration(https://www.baldwinpark.com/online-
documents/community-development/planning/environmental-documents/3144-barnes-park-
ismnd-signed/file)
RESOLUTION NO. 2022-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK APPROVING AND ADOPTING (1) AN
INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE BARNES PARK
MULTI-BENEFIT STORMWATER CAPTURE PROJECT
LOCATED AT 3251 PATRITTI AVE.
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code, § 21000 et seq.), the State CEQA Guidelines (California Code of
Regulations, title 14, § 15000 et seq.), and City of Baldwin Park’s Local CEQA
Guidelines (collectively, “CEQA”), the City of Baldwin Park is the lead agency for the
proposed Project; and
WHEREAS, on May 19, 2021, the City Council of the City Baldwin Park
approved the preparation of the design for the Barnes Park Multi-Benefit Stormwater
Capture Project consisting of the diversion to capture, treat, and infiltrate runoff from a
443-acre catchment.; and
WHEREAS, in August 2022, in compliance with CEQA, an Initial Study
(IS) was prepared for the Project which determined the Project will not have a significant
adverse impact on the environment and that a Mitigated Negative Declaration (MND)
finding is appropriate; and
WHEREAS the City provided copies of the Initial Study and MND to the
public and the State Clearinghouse for a review and comment period beginning on
October 11, 2022, and ending on November 10, 2022, pursuant to State CEQA
Guidelines section 15073, during which time the City received two (2) comment letters;
and
WHEREAS, on October 11, 2022, the City gave public notice of the City
Council public hearing on the Project to property owners within a 300-foor distance; and
WHEREAS, in accordance with State CEQA Guidelines section 15073(e),
on October 11, 2022, the City provided written notice to all public agencies that
commented on the proposed MND of the public hearing to be held on the Project for
which the MND was prepared; and
WHEREAS, on November 16, 2022, the City Council held a duly noticed
public hearing as prescribed by law and considered public testimony and evidence and
recommendations presented by staff related to the proposed Project and the MND for
the Project; and
WHEREAS, all the requirements of the Public Resources Code, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines have been satisfied by the
Page 2
City in connection with the preparation of the MND, which is sufficiently detailed so that
all of the potentially significant environmental effects of the Project, as well as feasible
mitigation measures, have been adequately evaluated; and
WHERAS, the MND prepared in connection with the Project sufficiently
analyzes the feasible mitigation measures necessary to avoid or substantially lessen the
Project’s potentially significant environmental impacts; and
WHERAS, the findings and conclusions made by the City Council in this
Resolution are based upon the oral and written evidence presented as well as the
entirety of the administrative record for the Project, which is incorporated herein by this
reference. The findings are not based solely on the information provided in this
Resolution; and
WHEREAS, prior to taking action, the City Council has heard, been
presented with, reviewed, and considered all of the information and data in the
administrative record, including but not limited to the Initial Study, MND, MMRP, and all
oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the MND, reflects the independent judgment of the City and is
deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, no comments made in the public hearing conducted by the
City Council, and no additional information submitted to the City Council, have produced
substantial new information requiring substantial revisions that would trigger
recirculation of the MND or additional environmental review of the project under State
CEQA Guidelines section 15073.5; and
WHERAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DAVIS, DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the recitals
set forth above are true and correct and are incorporated herein as substantive findings
of this Resolution.
SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT. As the decision-making body for the Project, the City Council has
reviewed and considered the information contained in the MND,Initial Study,
administrative record, and all other written and oral evidence presented to the City for
the Project, on file with the City and available for review at 14403 E Pacific Ave. Based
on the City Council’s independent review and analysis, the City Council finds that the
MND Initial Study, and administrative record contain a complete and accurate reporting
of the environmental impacts associated with the Project, and that the MND has been
completed in compliance with the California Environmental Quality Act (Public
Resources Code, § 21000 et seq.; “CEQA”), the State CEQA Guidelines (California
Code of Regulations, title 14, § 15000 et seq.), and the City’s Local CEQA Guidelines.
Page 3
SECTION 3. FINDINGS ON ENVIRONMENTAL IMPACTS. Based on the
whole record before it, including the MND, Initial Study, the administrative record, and
all other written and oral evidence presented to the City Council, the City Council finds
that all environmental impacts of the Project are either less than significant or no impact
as outlined in the MND, and the Initial Study. The City Council further finds that there is
no substantial evidence in the administrative record supporting a fair argument that the
Project may result in any significant environmental impacts. The City Council finds that
the MND, contains a complete, objective, and accurate reporting of the environmental
impacts associated with the Project and reflects the independent judgment and analysis
of the City. No new significant environmental effects have been identified in the Final
MND and no changes made to the MND constitute substantial revisions requiring
recirculation under State CEQA Guidelines section 15073.5. The changes reflected in
the Errata merely clarify and amplify the project description. (State CEQA Guidelines,
section 15073.5(c)(4).)]
SECTION 4. ADOPTION OF THE MITIGATED NEGATIVE
DECLARATION. The City hereby approved and adopts the MND, which is hereby
attached to this Resolution as Exhibit “A”.
SECTION 5. ADOPTION OF THE MITIGATION MONITORING AND
REPORTING PROGRAM. In accordance with the Public Resources Code section
21081.6, the City Council hereby adopts the MMRP, which is hereby attached to this
Resolution as Exhibit “B”. In the event of any inconsistencies between the Mitigation
measures as set forth in the MND and the MMRP, the MMRP shall control.
SECTION 6. LOCATION AND CUSTODIAN OF RECORDS. The
documents and materials associated with the Project and the MND that constitute the
record of proceedings on which these findings are based are located at 14403 E. Pacific
Ave.
SECTION 7. NOTICE OF DETERMINATION. The City Council hereby
directs staff to prepare and file a Notice of Determination with the Los Angeles County
Clerk and the State Clearinghouse within five (5) working days of the approval of the
proposed Project.
Page 4
PASSED AND APPROVED this 16th day of November 2022.
_________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that the
foregoing Resolution No. 2022-061 was duly and regularly approved and adopted by
the City Council of the City of Baldwin Park at a regular meeting thereof, held on the
16th day of November 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
MARLEN GARCIA
CITY CLERK
ITEM NO. ________7_________ STAFF REPORT TO: Honorable Mayor and City Councilmembers
FROM: Robert A. López, Chief of Police
DATE: November 16, 2022
SUBJECT: Request for Authorization to Purchase eight (8) Motorola
Solutions Apex 8000 P25 Complaint Portable Radios
SUMMARY
This report seeks authorization from the City Council to purchase eight (8) Motorola Apex 8000 P25
compliant portable radios and accessories for the Police Department in the amount of $70,623.27
FISCAL IMPACT
There will be no impact to the General Fund. This purchase will utilize funds from an awarded 2020
State Homeland Security Program Grant in the amount of $67,518.00, and the remaining $3,105.27
balance will be funded by available Federal Asset Forfeiture funds.
RECOMMENDATION
Staff recommends that City Council:
1. Waive the formal bidding process for this purchase; and
2. Authorize the Police Department to purchase the requested eight (8) Motorola radios and
accessories; and
3. Authorize the Director of Finance to appropriate $67,518.00 from the State Homeland Security
Program Grant to account 271-30-310-58110-17215, $3,105.27 from Federal Asset Forfeiture
to account 205-30-310-58110-00000 and book the reimbursement to account 271-30-000-
41312-17215; and
4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to
complete the purchase.
BACKGROUND
In 2020, the City of Baldwin Park entered into a subrecipient agreement with the County of Los
Angeles and was awarded $67,518.00 as part of the State Homeland Security Program grant. This
grant authorized the purchase of new handheld P25 compliant radios for use by the Police
Department. The County of Los Angeles will reimburse Subrecipient (City) up to the maximum grant
amount of $67,518.00 as expenditures are incurred and paid by Subrecipient and all documentation
is reviewed and approved by County of Los Angeles. The requested handheld portable radios will
provide upgraded communications to personnel within the police department that is essential for the
operational needs of all field personnel from all bureaus.
Locally, BPPD is a member agency of the East San Gabriel Valley Regional Communications
Network Joint Powers Authority (ComNet JPA). This JPA is comprised of the Baldwin Park Police
Department, as well as police agencies from Azusa, Covina, Glendora, Irwindale, La Verne, and West
Covina. ComNet, in turn, is a member of the Interagency Communications Interoperability (“ICI”)
System, a much larger public safety telecommunications Joint Powers Authority, serving agencies
across several counties in Southern California.
In December of 2021 the ICI, JPA entered into a 6-year service contract with Motorola Solutions.
This service contract is for the repair of Motorola Solutions manufactured equipment and select third-
party manufactured equipment supplied by Motorola Solutions. Currently Baldwin Park, as well as all
other members of the ICI Comnet Group, only use Motorola Solutions equipment.
ICI JPA’s entering into this service agreement allowed all member agencies to realize savings at
scale that were not available individually. This agreement saves Baldwin Park over $7,000 per year.
This existing service agreement is only applicable to products produced by Motorola Solutions.
Therefore, for the purpose of this purchase, Motorola Solutions is a sole source provider withing the
meaning of City Ordinance 1457, as this is the only acceptable option.
LEGAL REVIEW
The proposed contract has been reviewed by the City Attorney as to form and content.
ALTERNATIVES
1. Authorize the purchase.
2. Decline to authorize the purchase.
ATTACHMENTS
1. Quote from Motorola Solutions
2. Motorola Solutions sole source letter
3. ICI service agreement with Motorola Solutions for six-year P25 service proposal
Billing Address:
BALDWIN PARK, CITY OF
14403 E PACIFIC AVE
BALDWIN PARK, CA 91706
US
Quote Date:10/03/2022
Expiration Date:01/01/2023
Quote Created By:
Denis Redzepagic
denis.redzepagic@
motorolasolutions.com
End Customer:
BALDWIN PARK, CITY OF
Contract: 36968 - GLENDALE MPA
PROMO-8001608
Freight Terms:FREIGHT PREPAID
Payment Terms:30 NET
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
APX™ 8000 Series
APX8000
1
H91TGD9PW7AN
APX 8000 ALL BAND
PORTABLE MODEL 3.5
8
$7,475.00
$5,083.00
$40,664.00
1a
Q806CB
ADD: ASTRO DIGITAL CAI
OPERATION
8
$567.00
$385.56
$3,084.48
1b
Q361AN
ADD: P25 9600 BAUD
TRUNKING
8
$330.00
$224.40
$1,795.20
1c
Q58AL
ADD: 3Y ESSENTIAL
SERVICE
8
$121.00
$121.00
$968.00
1d
QA00580AA
ADD: TDMA OPERATION
8
$495.00
$336.60
$2,692.80
1e
Q15AJ
ADD: AES/DES-XL/DES-OFB
ENCRYPTION AND ADP
8
$879.00
$597.72
$4,781.76
1f
QA09007AA
ADD: OUT OF THE BOX WIFI
PROVISIONING
8
$0.00
$0.00
$0.00
1g
QA09001AB
ADD: WIFI CAPABILITY
8
$330.00
$224.40
$1,795.20
1h
Q498AU
ENH: ASTRO 25 OTAR W/
MULTIKEY
8
$814.00
$553.52
$4,428.16
1i
H38BS
ADD: SMARTZONE
OPERATION
8
$1,650.00
$1,122.00
$8,976.00
1j
H112LT
DEL: DELETE STANDARD
ANTENNA
8
$0.00
$0.00
$0.00
QUOTE-1740325APX8000
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 1
Line #
Item Number
Description
Qty
List Price
Sale Price
Ext. Sale Price
1k
G996AP
ADD: PROGRAMMING OVER
P25 (OTAP)
8
$110.00
$74.80
$598.40
1l
QA05507AA
DEL: DELETE 7/800 MHZ
BAND
8
-$800.00
-$544.00
-$4,352.00
1m
QA05508AA
DEL: DELETE VHF BAND
8
-$800.00
-$544.00
-$4,352.00
2
PMMN4062AL
AUDIO ACCESSORY-
REMOTE SPEAKER
MICROPHONE,IMPRES RSM,
NOISE CANC. EMERGENCY
BUTTON 3.5MM JACK IP54
8
$127.12
$101.68
$813.44
3
FAF5260A
ASSY,ANT,UHF R2 PLUS GPS
STUBBY ANT
8
$64.80
$51.83
$414.64
4
NNTN8844A
CHARGER, MULTI-UNIT,
IMPRES 2, 6-DISP, NA/LA-
PLUG, ACC USB CHGR
2
$1,420.20
$1,136.02
$2,272.04
Subtotal
$64,580.12
Estimated Tax
$6,043.15
Grand Total
$70,623.27(USD)
Notes:
QUOTE-1740325APX8000
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""UnderlyingAgreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, thenMotorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 2
Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131
March 7, 2022
Lt. Joshua Hendricks
Standards, Training, & Strategic Planning Bureau
14403 E Pacific Avenue
Baldwin Park, CA 91706
Subject: Motorola Solutions – ASTRO25 APX RADIO EQUIPMENT
Dear Lt. Hendricks:
Motorola Solutions, Inc. (“Motorola”) is the market leader in radio communications systems and products
for the U.S. Government and Public Safety Market and is pleased to have the City of Baldwin Park, CA as
a valued customer. The ASTRO25 radio subscribers we design and manufacture contain proprietary
hardware and software components which are not commercially available except through Motorola and its
channel partners.
The Motorola Radio Equipment and Options that will be purchased by the City of Baldwin Park can be
used on their existing Motorola ASTRO P25 Trunked System that ICI Member agencies currently operate.
These radios will operate on P25 Trunked equipment that has proprietary features operating on Motorola
solutions core equipment located at the Glendale Master Site.
Furthermore, authorized warranty, maintenance and support services for Motorola systems and hardware
and software products are provided by Motorola and its network of authorized and trained service
providers. Motorola maintains a parts and accessories inventory sufficient to support its warranty,
maintenance and support services obligations. These parts and accessories are manufactured either by
Motorola or for Motorola subject to Motorola’s specifications and other requirements.
If you have any questions regarding our radio equipment, please contact your Account Executive, Denis
Redzepagic at (619) 577-3619.
Sincerely,
Motorola Solutions, Inc.
Mike Bravo
Area Sales Manager
State Homeland Security Program
Subrecipient Agreement
Grant Year 2020
Between the
County of Los Angeles
and the
City of Baldwin Park
Page 1
SUBRECIPIENT AGREEMENT
BETWEEN THE
COUNTY OF LOS ANGELES
AND THE
CITY OF BALDWIN PARK
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 Baldwin Park, a public agency (the “Subrecipient”).
W I T N E S S E T H
WHEREAS, the U.S. Department of Homeland Security Title 2 Code of Federal
Regulations (CFR) through the Office of Grants and Training (G&T), has provided
financial assistance for the State Homeland Security Program (SHSP), Assistance
Listings Number (formerly Catalog of Federal Domestic Assistance Number ) 97.067 –
Homeland Security Grant Program directly to the California Governor’s Office of
Emergency Services (Cal OES) for the 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 total amount of $10,593,612.00; and
WHEREAS, the CEO now wishes to distribute 2020 SHSP grant funds to the
Subrecipient in the amount of $67,518.00, 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.
Page 2
NOW, THEREFORE, the County of Los Angeles and Subrecipient agree as follows:
SECTION I
INTRODUCTION
§101. Parties to this Agreement
The parties to this Agreement are:
A. County of Los Angeles, a political subdivision of the State of California, having its
principal office at Kenneth Hahn Hall of Administration, 500 West Temple Street,
Los Angeles, CA 90012; and
B. City of , a public agency, having its principal office at
.
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications must
be given are as follows:
1. The representative of the County of Los Angeles is, unless otherwise
stated in this Agreement:
Craig Hirakawa, HSGP Grants Director
Chief Executive Office, LAC
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
Phone: (213) 974-1127
Fax: (213) 687-3765
chirakawa@ceo.lacounty.gov
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
mtarver@ceo.lacounty.gov
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2. The representative of Subrecipient is:
Name and Title:
Organizational DUNS
Number
Address:
City/State/Zip:
Phone:
FAX:
Email:
With a copy to:
Name and Title:
Address:
City/State/Zip:
Phone:
FAX:
Email:
B. Formal notices, demands and communications to be given hereunder by either
party must be made in writing and may be effected by personal delivery, regular
U.S. Postal mail service and/or e-mail. In the event of personal delivery or email,
the message will be deemed communicated upon receipt by the County of Los
Angeles. In the event of mail service, the message will be deemed
communicated as of the date of mailing.
C. If the name and/or title of the person designated to receive the notices, demands
or communications or the address of such person is changed, written notice must
be given, in accord with this section, within five (5) business days of said change.
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§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the County of Los Angeles. An employee of Subrecipient is not, and
will not be deemed, an employee of the County of Los Angeles by virtue of this
Agreement, and Subrecipient must so inform each employee organization and
each employee who is hired or retained under this Agreement. Subrecipient
must not represent or otherwise hold out itself or any of its directors, officers,
partners, employees, or agents to be an agent or employee of the County of Los
Angeles by virtue of this Agreement.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient must provide the following signed documents to the County of
Los Angeles, unless otherwise exempted:
A. Certification and Disclosure Regarding Lobbying, attached hereto as Exhibit A
and made a part hereof, in accordance with §411.A.14 of this Agreement.
Subrecipient must also file a Disclosure Form at the end of each calendar quarter
in which there occurs any event requiring disclosure or which materially affects
the accuracy of the information contained in any Disclosure Form previously filed
by Subrecipient.
B. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion Lower Tier Covered Transactions, attached hereto as Exhibit B and
made a part hereof, as required by Executive Order 12549 in accordance with
§411.A.12 of this Agreement.
C. Certification Regarding Drug-Free Workplace, attached hereto as Exhibit C and
made a part hereof, in accordance with §411.A.13 of this Agreement.
D. Certification of Grant Assurances, attached hereto as Exhibit D and made a part
hereof, in accordance with §411.C of this Agreement.
SECTION II
TERM AND SERVICES TO BE PROVIDED
§201. Performance Period
The performance period of this Agreement is from September 1, 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.
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§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 of this Agreement. Upon approval, all
other terms of this Agreement will remain in effect.
Subrecipient must utilize grant funds in accordance with all Federal regulations
and State Guidelines.
B. Subrecipient agrees that grant funds awarded will be used to supplement existing
funds for program activities, and will not supplant (replace) non-Federal funds.
C. Subrecipient must review the Federal Debarment Listing at
https://www.sam.gov/SAM/pages/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 of equipment or services utilizing a sole source contract or
the receipt of single bid response of $250,000.00 or more, justification must be
presented to CEO, who upon review will request approval from Cal OES. Such
approval in writing must be obtained prior to the commitment of funds.
E. Subrecipient must provide any certifications or reports requested by the County
of Los Angeles to the CEO indicating Subrecipient's performance under this
Agreement, including progress on meeting program goals. Reports must be in
the form requested by the County of Los Angeles, and must be provided by the
fifteenth (15th) of the following month. Subrecipient is required to complete any
survey requests requested by the County of Los Angeles. Subrecipient must
also submit completed Project Claims for reimbursement immediately or a
minimum on a quarterly basis, and no later than the date stated in §201, above.
F. Subrecipient must provide an electronic copy of their Annual Single Audit Report,
as required by 2 CFR Part 200, to CEO no later than March 31st (fiscal year
ending June 30) or June 30th (fiscal year ending September 30) of the year
following the reporting period.
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G. Subrecipient may be monitored by the County of Los Angeles on an annual basis
to ensure compliance with Cal OES grant program requirements. The County of
Los Angeles anticipates that said monitoring may include, at a minimum, one on-
site visit during the term of this Agreement. Monitoring will utilize a Review
Instrument (sample attached hereto as Exhibit H, and subject to periodic
revisions) to evaluate compliance.
H. Subrecipient must provide Corrective Action Plan(s) to CEO within thirty (30)
days of any audit finding.
I. Subrecipient use of the Los Angeles Regional Interoperable Communication
System’s Motorola Solutions, Incorporated Land Mobile Radio System Contract
to purchase equipment is unallowable unless the Subrecipient can clearly
demonstrate to CEO it meets one of the four federal exceptions to necessitate a
noncompetitive procurement before issuance of any contract, amendment, or
purchase order.
J. Subrecipient shall not use grant funds to purchase, extend, or renew any
Telecommunications and Video Surveillance services and equipment as
substantial or essential component of any system, or as critical technology as
part of any system which the Secretary of Defense, in consultation with Director
of National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an owned, controlled by, or connected to the People’s
Republic of China such as and not limited to Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities); or Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company,
or Dahua Technology Company (or any subsidiary or affiliate of such entities).
K. Any equipment acquired pursuant to this Agreement must be authorized in the
G&T Authorized Equipment List (AEL) available online at
https://www.fema.gov/authorized-equipment-list and the Funding Guidelines of
the 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 of the applicant;
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2. Will be consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
L. Equipment acquired pursuant to this Agreement will be subject to the
requirements of Title 2 CFR Part 200.313. For the purposes of this subsection,
“Equipment” is defined as tangible nonexpendable property, having a useful life
of more than one year which costs $5,000.00 or more per unit. Items costing
less than $5,000.00, but acquired under the “Equipment” category of the Grant
must also be listed on any required Equipment Listing.
1. Equipment must be used by Subrecipient in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. Subrecipient must make Equipment available for use on other like projects
or programs currently or previously supported by the Federal Government,
providing such use will not interfere with the work on the projects or
program for which it was originally acquired. First preference for other use
must be given to other programs or projects supported by the awarding
agency.
3. An Equipment Listing must be maintained listing each item of Equipment
acquired with SHSP funds. The Equipment Listing must be kept up to
date at all times. Any changes must be recorded in the Listing within ten
(10) business days and the updated Listing is to be forwarded to the
County of Los Angeles Auditor-Controller (A-C) Shared Services Division.
The Equipment Property Records must be maintained that include: (a) a
description of the property, (b) a serial number or other identification
number, (c) the source of property, (d) who holds title, (e) the acquisition
date, (f) and cost of the property, (g) percentage of Federal participation in
the cost of the property, (h) the location, (i) use and condition of the
property, (j) and any ultimate disposition data including the date of
disposal and sale price of the property. Records must be retained by the
subrecipient pursuant to Title 2, Part 200.313 (d) (1) of the CFR.
4. All Equipment obtained under this Agreement must have an appropriate
identification decal affixed to it, and, when practical, must be affixed where
it is readily visible.
Page 8
5. A physical inventory of the Equipment must be taken by the Subrecipient
and the results reconciled with the Equipment Listing at least once every
two years or prior to any site visit by State or Federal auditors or County of
Los Angeles monitors. The Subrecipient is required to have on file a letter
certifying as to the accuracy of the Equipment Listing in the frequency as
above, and provide to the CEO when requested.
M. Any Planning paid pursuant to this Agreement must conform to the guidelines as
listed in Exhibit F or subsequent grant year programs.
N. Any Organization activities paid pursuant to this Agreement must conform to the
guidelines as listed in Exhibit F.
O. Any Training paid pursuant to this Agreement must conform to the guidelines as
listed in Exhibit F, and must be first submitted to CEO and then pre-authorized by
Cal OES. A catalog of federally approved and sponsored training courses is
available at https://www.firstrespondertraining.gov/frts/.
P. Any Exercise paid pursuant to this Agreement must conform to the guidelines as
listed in Exhibit F. Detailed Homeland Security Exercise and Evaluation Program
Guidance is available at https://www.fema.gov/hseep.
Q. Any Personnel activities paid pursuant to this Agreement must conform to the
guidelines as listed in Exhibit F.
R. Subrecipient must provide to CEO a spending plan detailing the required steps
and timeframes required to complete the approved projects within the grant
timeframe. Subrecipient must submit the spending plan to CEO prior to final
execution of the Agreement.
S. Pursuant to this Agreement, indirect costs are not reimbursable.
SECTION III
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant
amount of $67,518.00 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
Page 9
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 of 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
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terminated, or appropriately amended, immediately upon notice to Subrecipient
of such loss or reduction of Federal grant funds.
2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in
writing, of such non-appropriation at the earliest time.
SECTION IV
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and do
not, and will not be deemed to, affect the meaning or construction of any of the
terms or provisions hereof. The language of this Agreement will be construed
according to its fair meaning and not strictly for or against either party.
§402. Applicable Law, Interpretation and Enforcement
Each party's performance hereunder must comply with all applicable laws of the
United States of America, the State of California, and the County of Los Angeles.
This Agreement will be enforced and interpreted, as applicable, under the laws of
the United States of America, the State of California and the County of Los
Angeles.
If any part, term or provision of this Agreement is held void, illegal,
unenforceable, or in conflict with any law of a Federal, State or Local
Government having jurisdiction over this Agreement, the validity of the remainder
of the Agreement will not be affected thereby.
Applicable Federal or State requirements that are more restrictive will be
followed.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Breach
If any party fails to perform, in whole or in part, any promise, covenant, or
agreement set forth herein, or should any representation made by it be untrue,
any aggrieved party may avail itself of all rights and remedies, at law or equity, in
the courts of law. Said rights and remedies are cumulative of those provided for
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herein except that in all events, no party may recover more than once, suffer a
penalty or forfeiture, or be unjustly compensated.
§405. Prohibition Against Assignment or Delegation
Subrecipient may not do any of the following, unless it has first obtained the
written permission of the County of Los Angeles:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§406. Permits
Subrecipient and its officers, agents and employees must obtain and maintain all
permits and licenses necessary for Subrecipient’s performance hereunder and
must pay any fees required therefor. Subrecipient further certifies that it will
immediately notify the County of Los Angeles of any suspension, termination,
lapse, non-renewal or restriction of licenses, certificates, or other documents.
§407. Nondiscrimination and Affirmative Action
Subrecipient must comply with the applicable nondiscrimination and affirmative
action provisions of the laws of the United States of America, the State of
California, and the County of Los Angeles. In performing this Agreement,
Subrecipient must not discriminate in its employment practices against any
employee or applicant for employment because of such person's race, religion,
national origin, ancestry, sex, sexual orientation, age, physical handicap, mental
disability, marital status, domestic partner status or medical condition.
Subrecipient must comply with Executive Order 11246, entitled “Equal
Employment Opportunity,” as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR Part 60).
If required, Subrecipient must submit an Equal Employment Opportunity Plan to
the Department of Justice Office of Civil Rights in accordance with guidelines
listed at https://www.justice.gov/crt.
Any subcontract entered into by the Subrecipient relating to this Agreement, to
the extent allowed hereunder, will be subject to the provisions of this §407 of this
Agreement.
§408. Indemnification
Each of the parties to this Agreement is a public entity. This indemnity provision
is written in contemplation of the provisions of Section 895.2 of the Government
Code of the State of California, which impose certain tort liability jointly upon
public entities, solely by reason of such entities being parties to an agreement,
Page 12
and the parties agree that this indemnity provision will apply and will be
enforceable regardless of whether Section 895 et seq. is deemed to apply to this
Agreement. The parties hereto, as between themselves, consistent with the
authorization contained in Government Code Sections 895.4 and 895.6 agree to
each assume the full liability imposed upon it or upon any of its officers, agents,
or employees by law, for injury caused by a negligent or wrongful act or omission
occurring in the performance of this Agreement, to the same extent that such
liability would be imposed in the absence of Government Code Section 895.2.
To achieve the above-stated purpose, each party agrees to indemnify and hold
harmless the other party for any liability arising out of its own negligent acts or
omissions in the performance of this Agreement (i.e., the Subrecipient agrees to
indemnify and hold harmless the County of Los Angeles for liability arising out of
the Subrecipient's negligent or wrongful acts or omissions and the County of Los
Angeles agrees to indemnify and hold harmless the Subrecipient for liability
arising out of the County of Los Angeles' negligent or wrongful acts or
omissions). Each party further agrees to indemnify and hold harmless the other
party for liability that is imposed on the other party solely by virtue of Government
Code Section 895.2. The provisions of Section 2778 of the California Civil Code
are made a part hereof as if fully set forth herein. Subrecipient certifies that it
has adequate self-insured retention of funds to meet any obligation arising from
this Agreement.
§409. Conflict of Interest
A. The Subrecipient covenants that none of its directors, officers, employees, or
agents may participate in selecting, or administrating, any subcontract supported
(in whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
1. A member of such person's immediate family, or domestic partner or
organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the California
Political Reform Act, California Government Code §87100 et seq. if such
person were a public officer, because such person would have a "financial
or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" means domestic partner and/or those
persons related by blood or marriage, such as husband, wife, father,
Page 13
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
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substitute the term "subcontractor" for the term "Subrecipient" and "sub
subcontractor" for "Subcontractor".
§410. Restriction on Disclosures
Any reports, analyses, studies, drawings, information, or data generated as a
result of this Agreement are to be governed by the California Public Records Act
(California Government Code Sec. 6250 et seq.).
§411. Statutes and Regulations Applicable To All Grant Contracts
A. Subrecipient must comply with all applicable requirements of State, Federal, and
County of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. Subrecipient must comply with applicable State and Federal laws
and regulations pertaining to labor, wages, hours, and other conditions of
employment. Subrecipient must comply with new, amended, or revised laws,
regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
1. CFR
Subrecipient must comply with Title 2 CFR Part 200.
2. Single Audit Act
Since Federal funds are used in the performance of this Agreement,
Subrecipient must, as applicable, adhere to the rules and regulations of
the Single Audit Act (31 USC Sec. 7501 et seq.), 2 CFR Part 200 and any
administrative regulation or field memos implementing the Act.
3. Americans with Disabilities Act
Subrecipient hereby certifies that, as applicable, it will comply with the
Americans with Disabilities Act 42, USC §§12101 et seq., and its
implementing regulations. Subrecipient will provide reasonable
accommodations to allow qualified individuals with disabilities to have
access to and to participate in its programs, services and activities in
accordance with the provisions of the Americans with Disabilities Act.
Subrecipient will not discriminate against persons with disabilities nor
against persons due to their relationship to or association with a person
with a disability. Any subcontract entered into by Subrecipient, relating to
this Agreement, to the extent allowed hereunder, will be subject to the
provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
Page 15
None of the funds, materials, property or services provided directly or
indirectly under this Agreement may be used for any partisan political
activity, or to further the election or defeat of any candidate for public
office. Neither may any funds provided under this Agreement be used for
any purpose designed to support or defeat any pending legislation or
administrative regulation. None of the funds provided pursuant to this
Agreement may be used for any sectarian purpose or to support or benefit
any sectarian activity.
Subrecipient must file a Disclosure Form at the end of each calendar
quarter in which there occurs any event requiring disclosure or which
materially affects the accuracy of any of the information contained in any
Disclosure Form previously filed by Subrecipient. Subrecipient must
require that the language of this Certification be included in the award
documents for all sub-awards at all tiers and that all subcontractors certify
and disclose accordingly.
5. Records Inspection
At any time during normal business hours and as often as either the
County of Los Angeles, the U.S. Comptroller General or the Auditor
General of the State of California may deem necessary, Subrecipient must
make available for examination all of its records with respect to all matters
covered by this Agreement. The County of Los Angeles, the U.S.
Comptroller General and the Auditor General of the State of California
have the authority to audit, examine and make excerpts or transcripts from
records, including all Subrecipient’s method of procurement, invoices,
materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
Subrecipient agrees to provide any reports requested by the County of
Los Angeles regarding performance of this Agreement.
6. Records Maintenance
Records, in their original form, must be maintained in accordance with
requirements prescribed by the County of Los Angeles with respect to all
matters specified in this Agreement. Original forms are to be maintained
on file for all documents specified in this Agreement. Such records must
be retained for a period five (5) years after termination of this Agreement
and after final disposition of all pending matters. “Pending matters”
include, but are not limited to, an audit, litigation or other actions involving
records. The County of Los Angeles may, at its discretion, take
possession of, retain and audit said records. Records, in their original
form pertaining to matters covered by this Agreement, must at all times be
retained within the County of Los Angeles unless authorization to remove
them is granted in writing by the County of Los Angeles.
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7. Subcontracts and Procurement
Subrecipient must, as applicable, comply with the Federal, State and
County of Los Angeles standards in the award of any subcontracts. For
purposes of this Agreement, subcontracts include but are not limited to
purchase agreements, rental or lease agreements, third party agreements,
consultant service contracts and construction subcontracts.
Subrecipient must, as applicable, ensure that the terms of this Agreement
with the County of Los Angeles are incorporated into all Subcontractor
agreements. The Subrecipient must submit all Subcontractor agreements
to the County of Los Angeles for review prior to the release of any funds to
the Subcontractor. The Subrecipient must withhold funds to any
Subcontractor agency that fails to comply with the terms and conditions of
this Agreement and their respective Subcontractor agreement.
8. Labor
Subrecipient must, as applicable, comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
requirements for merit systems for programs funded under one of the 19
statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System Personnel Administration (5 CFR 900, Subpart F).
Subrecipient must, as applicable, comply with the provisions of the 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 seq.
9. Civil Rights
Subrecipient must, as applicable, comply with all Federal statutes relating
to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-
1686), which prohibits discrimination on the basis of sex; (c) Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of disabilities; (d) the Age
Page 17
Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as
amended, relating to confidentiality of alcohol and drug abuse patient
records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et
seq.), as amended, relating to non-discrimination in the sale, rental or
financing of housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal assistance is being
made; (j) the requirements of any other nondiscrimination statute(s) that
may apply to the application; and (k) P.L. 93-348 regarding the protection
of human subjects involved in research, development, and related
activities supported by this award of assistance.
10. Environmental
Subrecipient must, as applicable, comply, or has already complied, with
the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally-assisted programs.
These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
Subrecipient must, as applicable, comply with environmental standards
which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of project
consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et
seq.); (f) conformity of Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42
U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); (h) protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection
Act of 1973 §102(a) (P.L. 93-234).
Page 18
Subrecipient must, as applicable, comply with the Wild and Scenic Rivers
Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
Subrecipient must, as applicable, comply with the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. §§4801 et seq.), which prohibits the
use of lead-based paint in construction or rehabilitation of residence
structures.
Subrecipient must, as applicable, comply with the Federal Water Pollution
Control Act (33 U.S.C. §1251 et seq.), which restores and maintains the
chemical, physical and biological integrity of the Nation’s waters.
Subrecipient must, as applicable, ensure that the facilities under its
ownership, lease or supervision that are utilized in the accomplishment of
this project are not listed in the Environmental Protection Agency’s (EPA)
list of Violating Facilities and that it will notify the Federal Grantor agency
of the receipt of any communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
By signing this Agreement, Subrecipient warrants and represents that it
will, as applicable, comply with the California Environmental Quality Act
(CEQA), Public Resources Code §21000 et seq.
Subrecipient must, as applicable, comply with the Energy Policy and
Conservation Act (P.L. 94-163, 89 Stat. 871).
Subrecipient must, as applicable, comply with the provision of the Coastal
Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 U.S.C.
3501 et. seq.) which prohibits the expenditure of most new Federal funds
within the units of the Coastal Barrier Resources System.
11. Preservation
Subrecipient must, as applicable, comply with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1
et seq.).
12. Suspension, Debarment, Ineligibility and Voluntary Exclusion
Subrecipient must, as applicable, comply with Title 2 CFR Part §3000,
regarding Suspension and Debarment, and Subrecipient must submit a
Certification Regarding Debarment, attached hereto as Exhibit B, required
by Executive Order 12549 and any amendment thereto. Said Certification
must be submitted to the County of Los Angeles concurrent with the
Page 19
execution of this Agreement and must certify that neither Subrecipient nor
its principals are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department head or agency. Subrecipient
must require that the language of this Certification be included in the
award documents for all sub-award at all tiers and that all subcontractors
certify accordingly.
13. Drug-Free Workplace
Subrecipient must, as applicable, comply with the federal Drug-Free
Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal
Regulations (CFR) Part §17; the California Drug-Free Workplace Act of
1990, CA Gov’t Code §§8350-8357, and Subrecipient must complete the
Certification Regarding Drug-Free Workplace Requirements, attached
hereto as Exhibit C, and incorporated herein by reference. Subrecipient
must require that the language of this Certification be included in the
award documents for all sub-award at all tiers and that all subcontractors
certify accordingly.
14. Lobbying Activities
Subrecipient must, as applicable, comply with 31 U.S.C.1352 and
complete the Disclosure of Lobbying Activities, (OMB 0038-0046),
attached hereto as Exhibit A, and incorporated herein by reference.
15. Miscellaneous
Subrecipient must, as applicable, comply with the Laboratory Animal
Welfare Act of 1966, as amended (P.L. 89-544, 7 USC §§2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant Agreement
Subrecipient must comply with all applicable requirements of State and Federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular grant program.
Subrecipient must, as applicable, comply with new, amended, or revised laws,
regulations, and/or procedures that apply to the performance of this Agreement.
These requirements include, but are not limited to:
Title 2 CFR Part 200; EO 12372; U.S. Department of Homeland Security, Office
of State and Local Government Coordination and Preparedness, Office for
Domestic Preparedness, ODP WMD Training Course Catalogue; and DOJ Office
for Civil Rights.
Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code Chapter 7 of
Division 1 of Title 2, §8607.1(e) and CCR Title 19, §§2445-2448.
Page 20
Provisions of Title 2, 6, 28, 44 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures; Part 20,
Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable
Research and Statistical Information; Part 23, Criminal Intelligence Systems
Operating Policies; Part 30, Intergovernmental Review of Department of Justice
Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of Faith-based
Organizations; Part 42, Nondiscrimination/Equal Employment Opportunities
Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland
Protection Procedures; Part 64, Floodplain Management and Wetland Protection
Procedures; Federal laws or regulations applicable to Federal Assistance
Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform
Administrative Requirements for Grants and Cooperative Agreements (including
sub-awards) with Institutions of Higher Learning, Hospitals and other Non-Profit
Organizations; and Part 83, Government-Wide Requirements for a Drug Free
Workplace (grants).
Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and
Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and
Administrative Guide for Grants, M7100.1, and all other applicable Federal laws,
orders, circulars, or regulations.
1. Travel Expenses
Subrecipient, as provided herein, will be compensated for Subrecipient’s
reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed.
Subrecipient’s total travel for in-State and/or out-of-State and per diem
costs must be included in the contract budget(s). All travel, including 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
Page 21
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 of Los Angeles for any sums the State
or Federal government determines Subrecipient used in violation of the Grant
Assurances.
To the extent Exhibit D conflicts with language or provisions contained in this
Agreement, or contains more restrictive requirements under Federal and State
law, Exhibit D shall control.
D. Noncompliance With Grant Requirements
Subrecipient understands that failure to comply with any of the above
assurances and requirements, including Exhibit D, may result in suspension,
termination or reduction of grant funds, and repayment by the Subrecipient to
the County of Los Angeles of any unauthorized expenditures.
§412. Federal, State and Local Taxes
Federal, State and local taxes are the responsibility of the Subrecipient as an
independent party and not of the County of Los Angeles and must be paid prior
to requesting reimbursement. However, these taxes are an allowable expense
under the grant program.
§413. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project produces any invention or discovery ("Invention") patentable or
otherwise under Title 35 of the U.S. Code, including, without limitation, processes
and business methods made in the course of work under this Agreement, the
Subrecipient must report the fact and disclose the Invention promptly and fully to
the County of Los Angeles. The County of Los Angeles will report the fact and
disclose the Invention to the State. Unless there is a prior agreement between
the County of Los Angeles and the State, the State will determine whether to
seek protection on the Invention. The State will determine how the rights in the
Invention, including rights under any patent issued thereon, will be allocated and
administered in order to protect the public interest consistent with the policy
(“Policy”) embodied in the Federal Acquisition Regulations System, which is
based on Ch. 18 of Title 35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L.
98-620, Title 37 CFR Part 401); Presidential Memorandum on Government
Patent Policy to the Heads of the Executive Departments and Agencies, dated
Page 22
2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, Title 3 CFR,
1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR
48661, Title 3 CFR, 1987 Comp., p. 262). Subrecipient hereby agrees to be
bound by the Policy, and will contractually require its personnel to be bound by
the Policy.
B. Rights to Use Inventions
As applicable, County of Los Angeles will have an unencumbered right, and a
non-exclusive, irrevocable, royalty-free license to use, manufacture, improve
upon, and allow others to do so for all government purposes, any Invention
developed under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the State or the terms of this Agreement,
when copyrightable material ("Material") is developed under this
Agreement, the County of Los Angeles, at its discretion, may copyright the
Material. If the County of Los Angeles declines to copyright the Material,
the County of Los Angeles will have an unencumbered right, and a 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.
Page 23
§414. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient must, as applicable, comply
with California Family Code Section 5230 et seq.
§415. Minority, Women, And Other Business Enterprise Outreach Program
It is the policy of the County of Los Angeles to provide Minority Business
Enterprises, Women Business Enterprises and all other business enterprises an
equal opportunity to participate in the performance of all Subrecipient’s contracts,
including procurement, construction and personal services. This policy applies to
all of the Subrecipient’s contractors and sub-contractors.
§416. Compliance with Fair Chance Employment Practices
Subrecipient shall comply with fair chance employment hiring practices set forth
in California Government Code Section 12952, Employment Discrimination:
Conviction History. Subrecipient’s violation of this paragraph of the Agreement t
may constitute a material breach of the Agreement. In the event of such material
breach, County of Los Angeles may, in its sole discretion, terminate the
Agreement.
§417. Method of Payment and Required Information
The County of Los Angles may, at its sole discretion, determine the most
appropriate, efficient, secure, and timely form of payment provided under this
Agreement. Subrecipient further agrees that the default form of payment shall be
Electronic Funds Transfer (EFT) or Direct Deposit, unless an alternative method
of payment is deemed appropriate by the A-C.
Subrecipient shall provide the A-C with electronic banking and related
information for the Subrecipient and/or any other payee that the Subrecipient
designates to receive payment pursuant to this Agreement at
https://directdeposit.lacounty.gov/. Such electronic banking and related
information includes, but is not limited to: bank account number and routing
number, legal business name, valid taxpayer identification number or TIN, a
working e-mail address capable of receiving remittance advices and other
payment related correspondence, and any other information that the A-C
determines is reasonably necessary to process the payment and comply with all
accounting, record keeping, and tax reporting requirements.
Any provision of law, grant, or funding agreement requiring a specific form or
method of payment other than EFT or Direct Deposit shall supersede this
requirement with respect to those payments. At any time during the duration of
this Agreement, the Subrecipient may submit a written request for an exemption
Page 24
to this requirement and must be based on specific legal, business or operational
needs and explain why the payment method designated by the A-C is not
feasible and an alternative is necessary. The A-C, in consultation with CEO, shall
decide whether to approve exemption requests.
SECTION V
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should either party fail for any reason to comply with the contractual obligations
of this Agreement within the time specified by this Agreement, the non-breaching
party reserves the right to terminate the Agreement, reserving all rights under
State and Federal law.
§502. Termination
This Agreement may be terminated, in whole or in part, from time to time, when
such action is deemed by the County of Los Angeles, in its sole discretion, to be
in its best interest. Termination of work hereunder shall be effected by notice of
termination to the Subrecipient specifying the extent to which performance of
work is terminated and the date upon which such termination becomes effective.
The date upon which such termination becomes effective shall be no less than
ten (10) days after the notice is sent.
§503.Amendments
Except as otherwise provided in this paragraph, any change in the terms of this
Agreement, including changes in the services to be performed by Subrecipient,
that are agreed to by the Subrecipient and the County of Los Angeles must be
incorporated into this Agreement by a written amendment properly signed by
persons who are authorized to bind the parties. Notwithstanding the foregoing,
any increase or decrease of the grant amount specified in §301.A., above, or any
extension of the performance period specified in §201, above, does not require a
written amendment, but may be effectuated by a written notification by the
County of Los Angeles to the Subrecipient.
SECTION VI
ENTIRE AGREEMENT
§601. Complete Agreement
Page 25
This Agreement contains the full and complete Agreement between the two
parties. Neither verbal agreement nor conversation or other communication with
any officer or employee of either party will affect or modify any of the terms and
conditions of this Agreement.
§602. Number of Pages and Attachments
This Agreement may be executed utilizing wet, scanned digital, and electronic
signatures, each of which is deemed to be an original. This Agreement includes
(26) pages and (8) Exhibits which constitute the entire understanding and
agreement of the parties.
[Remainder of this page intentionally left blank]
Page 26
IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused
this Agreement to be executed by their duly authorized representatives.
COUNTY OF LOS ANGELES
BY _________ ________
FESIA A. DAVENPORT Date
Chief Executive Officer
BY __________________________ BY _________________
CELIA ZAVALA ARLENE BARRERA
Executive Officer, Board of Supervisors Auditor-Controller
APPROVED AS TO FORM
RODRIGO A. CASTRO-SILVA
County Counsel
BY__________________________
Deputy County Counsel
BY_____________________________ ________________________ __________________
City Representative/Title (Signature) (Print Name) Date
APPROVED AS TO FORM
BY_____________________________ ________________________ __________________
City Attorney (Signature) (Print Name) Date
ATTEST
BY_____________________________ ________________________ _________________
City Clerk (Signature) (Print Name) Date
EXHIBITS
Exhibit A Certification 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
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EXHIBIT A
Page 2 of 4
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DISCLOSURE OF LOBBYING ACTIVITIES
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Federal Use Only:Authorized for Local Reproduction
Standard Form – LLL
B B A
✔
Department of Homeland Security
Homeland Security Grant Program
97.067
Cal OES 2-232
County of Los Angeles
Chief Executive Office
500 West Temple Street, Room B-79-2
Los Angeles, CA 90012
EXHIBIT A
Page 3 of 4
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Page 4 of 4
EXHIBITBCERTIFICATIONREGARDINGDEBARMENT,SUSPENSION,INELIGIBILITYANDVOLUNTARYEXCLUSIONLOWERTIERCOVEREDTRANSACTIONSThiscertificationisrequitedbytheregulationsimplementingExecutiveOrder12549,DebarmentandSuspension,24CFRPart24Section24.510,Participants’responsibilities.(READATTACHEDINSTRUCTIONSFORCERTIFICATIONBEFORECOMPLETING)1.TheprospectiverecipientofFederalassistancefundscertifiesthatneitheritnoritsprincipalsarepresentlydebarred,suspended,proposedfordebarment,declaredineligible,orvoluntarilyexcludedfromparticipationinthistransactionbyanyFederaldepartmentoragency.2.WheretheprospectiverecipientofFederalassistancefundsisunabletocertifytoanyofthestatementsinthiscertification,suchprospectiveparticipantshallattachanexplanationtothisproposal.AGREEMENTNUMBERCONTRACTOR/BORROWER/AGENCYNAMEANDTITLEOFAUTHORIZEDREPRESENTATIVESIGNATUREDATEEXHIBIT BPage 1 of 2
INSTRUCTIONSFORCERTIFICATION1.Bysigningandsubmittingthisdocument,theprospectiverecipientofFederalassistanceIsprovidingthecertificationassetoutbelow.2.ThecertificationinthisclauseIsamaterialrepresentationoffactuponwhichreliancewasplacedwhenthistransactionwasenteredinto.IfitislaterdeterminedthattheprospectiverecipientofFederalassistancefundsknowinglyrenderedanerroneouscertification,inadditiontootherremediesavailabletotheFederalGovernment,thedepartmentoragencywithwhichthistransactionoriginatedmaypursueavailableremedies,includingsuspensionandlordebarment.3.TheprospectiverecipientofFederalassistancefundsshallprovideimmediatewrittennoticetothepersontowhichthisagreementIsentered,IfatanytimetheprospectiverecipientofFederalassistancefundslearnsthatitscertificationwas erroneous,whensubmittedorhasbecomeerroneousbyreasonofchangedcircumstances.4.Theterms“coveredtransaction,”“debarred,”“suspended,”“ineligible,”“lowertiercoveredtransaction,”“participant,”“person,””primarycoveredtransaction,”‘principal,”“proposal,”and“voluntarilyexcluded,”asusedinthisclause,havethemeaningssetoutintheDefinitionsandCoveragesectionsofrulesimplementingExecutiveOrder12549.5.TheprospectiverecipientofFederalassistancefundsagreesbysubmittingthisproposalthat,shouldtheproposedcoveredtransactionbeenteredinto,itshallnotknowinglyenterintoanylowertiercovetedtransactionwithapersonwhoisdebarred,suspended,declaredIneligible,orvoluntarilyexcludedfromparticipationonthiscovetedtransaction,unlessauthorizedbythedepartmentoragencywithwhichthistransactionoriginated.6.TheprospectiverecipientofFederalassistancefundsfurtheragreesbysubmittingthisproposalthatitwillincludetheclausetitled“CertificationRegardingDebarment,Suspension,IneligibilityandVoluntaryExclusionLowerTierCoveredTransactions,”withoutmodification,inalllowertiercoveredtransactionsandinallsolicitationsforlowertiercoveredtransactions.7.Aparticipantinacoveredtransactionmayrelyuponacertificationofaprospectiveparticipantinalowertiercoveredtransaction,unlessitknowsthatthecertificationiserroneous.AparticipantmaydecidethemethodandfrequencybywhichitdeterminestheeligibilityofItsprincipals.Eachparticipantmay,butisnotrequitedto,checktheListofPartiesExcludedfromProcurementorNonProcurementPrograms.6.Nothingcontainedintheforegoingshallbeconstruedtorequireestablishmentofasystemofrecordsinordertorenderingoodfaiththecertificationrequiredbythisclause.Theknowledgeandinformationofaparticipantisnotrequitedtoexceedthatwhichisnormallypossessedbyaprudentpersonintheordinarycourseofbusinessdealings.9.ExceptfortransactionsauthorizedunderParagraph5oftheseinstructions,ifaparticipantInacoveredtransactionknowinglyentersintoalowertiercoveredtransactionwithapersonwhoissuspended,debarred,ineligible,orvoluntaryexcludedformparticipationinthistransaction,inadditiontootherremediesavailabletothe FederalGovernment,thedepartmentoragencywithwhichthistransactionoriginatedmaypursueavailableremedies,includingsuspensionand/ordebarment.EXHIBIT BPage 2 of 2
Drug-Free Workplace Certification STD. 21 (Revised 7/2015)
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD. 21
COMPANY/ORGANIZATION NAME:
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in
matters relating to providing a drug-free workplace. The above-named contractor or recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance is prohibited and specifying actions to be taken against employees for violations,
as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform
employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed
contract or subgrant:
(a) Will receive a copy of the company’s drug-free policy statement, and
(b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract
or subgrant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or Recipient to the above
described certification. I am fully aware that this certification, executed on the date and in the county below, is made under
penalty of perjury under the laws of the State of California.
OFFICAL’S NAME DATE EXECUTED
EXECUTED IN THE COUNTY OF
CONTRACTOR or RECEIPEINT SIGNATURE
TITLE
FEDERAL I.D. NUMBER
COUNTY OF LOS ANGELES
EXHIBIT C
Page 1 of 2
Drug-Free Workplace Certification STD. 21 (Revised 7/2015)
STATEMENT ON THE DRUG-FREE WORKPLACE
To comply with the enactment of Senate Bill 1120, (Chapter 1170, Statutes of 1990),which established the
Drug-Free Workplace Act of 1990, the
(your agency)
accordingly provides this statement of compliance.
In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual
awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements
to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance with this directive,
this statement is issued to meet this requirement.
The (your agency), an agency within the State of California has adopted this
statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and
alcohol abuse in the workplace. These dangers include death and injury to the employee, co-workers, or the
public resulting from accidents, dereliction of duty, poor judgment and carelessness. Substance abuse also
results in lost productivity, reduced efficiency, and increased absenteeism by the substance abuser and
interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section
8355(b)(1)]
California law prohibits the unlawful manufacture, dispensation, possession, or illegal use of a controlled
substance. That prohibition extends to all places and includes the worksite of California state employees.
[Section 8355(a)]
Employees convicted of a violation of criminal drug statute, when the violation occurred at an employee’s
worksite, shall report the conviction to the granting and monitoring State agency upon conviction.[Section
8356(a)(1)(2)]
In the event of the unlawful manufacture, distribution, dispensation, possession or illegal use of a controlled
substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the
satisfactory completion of a drug abuse assistance or rehabilitation program.[Section 8355(b)(4)]
The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate
counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to
ensure the confidentiality of EAP records. Contact your personnel office for further information.
It is the intent of the (your agency)to ensure by execution of this statement of
compliance that each employee shall abide by the terms of this drug-free workplace statement.[Section
8355(c)]
EXHIBIT C
Page 2 of 2
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 1 of 14 Initials
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a)Applicable Federal Regulations (see below);
(b)Federal Program Notice of Funding Opportunity (NOFO);
(c)Federal Preparedness Grants Manual;
(d)California Supplement to the NOFO; and
(e)Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1.Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a)To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b)Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c)Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 2 of 14 Initials
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 3 of 14 Initials
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor’s Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 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 debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 4 of 14 Initials
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 5 of 14 Initials
(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. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act
(FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 6 of 14 Initials
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) determined to be in violation
of federal law relating to air or water pollution.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 7 of 14 Initials
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 audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. 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 and the right to examine all records, books,
papers, or documents related to the award. The Applicant will require any
subrecipients, contractors, successors, transferees and assignees to acknowledge
and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733
which sets forth 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 (a) the
reporting of subawards obligating $25,000 or more in federal funds and (b) executive
compensation data for first-tier 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 whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 8 of 14 Initials
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: (1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients
in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more;
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 9 of 14 Initials
(c) Assist the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et
seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication. Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 10 of 14 Initials
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity’s grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
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 that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. All recipients who collect PII are required to
have a publically-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template 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 financial assistance awards.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 11 of 14 Initials
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing
federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
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 overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §
40118) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision B-
138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all
Applicants must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 12 of 14 Initials
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, 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 Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
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 laws.
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 Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 13 of 14 Initials
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
EXHIBIT D
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 14 of 14 Initials
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc. The
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in this assurance. This assurance is binding on the
Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the
above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the subrecipient may be ineligible for award of any
future grants if the Cal OES determines that any of the following has occurred: (1) the
recipient has made false certification, or (2) violates the certification by failing to carry
out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
EXHIBIT D
GAVINNEWSOMMARKS.GHILARDUCCIGOVERNORDIRECTOR:‘CalOES;>1GOVERNORSOFFICEOFEMERGENCYSERVICESOctober23,2020FesiaA.DavenportActingChiefExecutiveOfficerLosAngelesCounty500WestTempleStreet,Room713LosAngeles,CA90012-0000SUBJECT:NOTIFICATIONOfSUBRECIPIENTSUBAWARDAPPROVALFiscalYear(FY)2020HomelandSecurityGrantProgram(HSGP)Subaward#2020-0095,CalOESID#037-00000SubawardPeriodofPerformance:09/01/2020-05/31/2023DearMs.Davenport:WearepleasedtoannouncetheapprovalofyourFY2020HSGPsubawardintheamountof$10,593,612.Oncethecompletedapplicationisreceivedandapproved,reimbursementofeligiblesubawardexpendituresmayberequestedusingtheCaliforniaGovernor’sOfficeofEmergencyServices(CalOES)FinancialManagementFormsWorkbook.Failuretoprovidedocumentationinatimelymannercouldresultinaholdonfunding,pursuanttoTitle2,CodeofFederalRegulations(CFR),Sections200.338(a)and200.207(b)(1)-(2).Thissubawardissubjecttorequirementsin2 CFR,Part200,includingtheNoticeofFundingOpportunity(NOFO),thePreparednessGrantsManual,theCaliforniaSupplementtotheNOFO,andallapplicablefederal,state,andlocalrequirements.Allactivitiesfundedwiththissubawardmustbecompletedwithinthesubawardperiodofperformance.Subrecipientsmustobtainadditionalwrittenapprovalpriortoincurringcostsforactivitiessuchasaviation,watercraft,allowabilityrequestlogs,noncompetitiveprocurement,andprojectsrequiringEnvironmentalPlanningandHistoricPreservationreview.Additionally,allprojectsfallingundertheNationalPriorityInvestmentJustificationsmustbereviewedandapprovedforeffectivenessbythe3650SCHRIEVERAVENUE,MATHER,CA95655.CalOES.ca.ovEXHIBIT E
FesiaA.DavenportOctober23,2020Page2of2FederalEmergencyManagementAgency(FEMA),priortotheobligation,andexpenditureoffundsforthoseprojects.YourorganizationwillberequiredtoprepareandsubmittheBiannualStrategyImplementationReport(BSIR)toCalOESviatheFEMAGrantsReportingTool(GRT)semi-annuallyforthedurationofthesubawardperiodofperformanceoruntilallactivitiesarecompletedandthesubawardisformallyclosed.Failuretosubmitrequitedreportscouldresultinsubawardreduction,suspension,ortermination.Throughoutthesubawardcycle,milestonessetintheGRTwillbeusedasindicatorsofprojectfeasibility,performance,andgrantmanagementcapacity.Thisinformationmayalsobeusedinassessingproposalsinfuturegrantopportunities.AConditionalHoldhasbeenplacedonyoursubaward;fivepercentofthesubawardmustbeallocatedtoeachofthefourNationalPriorityInvestmentJustificationsforatotaloftwentypercentoftheaward.Toreleasethishold,additionalinformationisrequiredfortheinvestmentsidentifiedwhichmustbesubmittedintheDecember2020BSIRinamannerconsistentwithGrantsProgramDirectorateInformationBulletinNo.447.Yourdatedsignatureisrequiredonthisletter.PleasesignandreturntheoriginaltoyourCalOESProgramRepresentativewithin20calendardaysuponreceiptandkeepacopyforyourrecords.Forfurtherassistance,pleasecontactyourCalOESProgramRepresentative.Sincerely,MARKS.GHILARDUCCIDirectorL1202oDateFesiaA.DavenportLosAngelesCountyEXHIBIT E
City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date
Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.Project Title Funding
Source Discipline Solution Area Total Budgeted
006 LE P25 Radios HSGP-SHSP LE Equipment 67 518$
Total 67,518$
Project Ledger
9/1/2020
5/31/2023
Initial Application
2/15/2022
Page 1 of 6
City of Baldwin Park Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022
Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No.Planning Activity Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category Final Product
Noncompetitive
Procurement
over $250K
Budgeted Cost
Planning
Page 2 of 6
City of Baldwin Park Ledger Type Initial Application
FY 2020 State Home Security Program (SHSP) Projects Date 2/15/2022
Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date 9/1/2020
POP End Date 5/31/2023
Project
No.Organization Funding
Source Discipline Solution Area
Sub-Category
Expenditure
Category Detail Certification on
File Budgeted Cost
Organization
Page 3 of 6
City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date
Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.
Equipment Description (Include
Quantity)AEL #AEL Title Funding
Source Discipline Solution Area Sub
Category
Deployable /
Shareable
Noncompetitive
Procurement over
$250K
Hold Trigger Budgeted
Cost
6.10 10 P25 compliant portable
radios and accessories
06CP-01-PORT
06CP-03-PRAC
Radio Portable Accessories
Portable Radio HSGP-SHSP LE
Interoperable
Communications
Equipment
Deployable No No Hold
Indicated $ 67 518
5/31/2023
Equipment
Initial Application
2/15/2022
9/1/2020
Page 4 of 6
City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date
Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.Course Name Funding
Source Discipline Solution Area Sub
Category
Expenditure
Category
Feedback
Number
Training
Activity
Total #
Trainee(s)
Identified
Host
Noncompetitive
Procurement EHP Hold EHP Approval Date Budgeted Cost
9/1/2020
5/31/2023
Training
Initial Application
2/15/2022
Page 5 of 6
City of Baldwin Park Ledger Type
FY 2020 State Home Security Program (SHSP) Projects Date
Grant Subaward: 2020-0095
Cal OES ID: 037-00000 POP Start Date
POP End Date
Project
No.Exercise Title Funding
Source Discipline Solution Area Sub-
Category
Expenditure
Category
Date of
Exercise Exercise Type Identified Host
Date of AAR
entered into
HSEEP
Noncompetitive
Procurement
over $250K
EHP Hold Budgeted Cost
9/1/2020
5/31/2023
Exercise
Initial Application
2/15/2022
Page 6 of 6
Page 1 of 41
FY 2020 HSGP NOFO
The Department of Homeland Security (DHS)
Notice of Funding Opportunity (NOFO)
Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP)
NOTE: If you are going to apply for this funding opportunity and have not obtained a
Data Universal Numbering System (DUNS) number and/or are not currently registered in
the System for Award Management (SAM), please take immediate action to obtain a
DUNS 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://www.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
EXHIBIT F
Page 2 of 41
FY 2020 HSGP NOFO
9.Program Overview, Objectives, and Priorities
Overview
The Fiscal Year (FY) 2020 Homeland Security Grant Program (HSGP) is one of three grant programs
that constitute the Department of Homeland Security (DHS)/Federal Emergency Management
Agency’s (FEMA’s) focus on enhancing the ability of state, local, tribal, and territorial governments,
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 measures authorized by Congress and implemented
by DHS to help strengthen the Nation’s communities against potential terrorist attacks. Among the
five basic homeland security missions noted in the DHS Quadrennial Homeland Security Review,
HSGP supports the goal to Strengthen National Preparedness and Resilience. In FY 2020, there are
three components of HSGP:
1)State Homeland Security Program (SHSP): SHSP assists state, local, tribal, and territorial efforts
to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and
respond to acts of terrorism.
2)Urban Area Security Initiative (UASI): UASI assists high-threat, high-density Urban Areas
efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect
against, and respond to acts of terrorism.
3)Operation Stonegarden (OPSG): OPSG supports enhanced cooperation and coordination among
Customs and Border Protection (CBP), United States Border Patrol (USBP), and federal, state,
local, tribal, and territorial law enforcement agencies to improve overall border security. OPSG
provides funding to support joint efforts to secure the United States’ borders along routes of
ingress/egress to and from international borders, to include travel corridors in states bordering
Mexico and Canada as well as states and territories with international water borders. 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 authority 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 ambitious, yet achievable, path forward to unify and further professionalize emergency
management across the country. 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 funding should support priorities that are most impactful 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 authorities to share
critical information related to the threat of terrorism” prior to the September 11, 2001, attacks.1 The
threat profile has changed in the last two decades – we now face continuous cyber threats by
sophisticated actors, threats to soft targets and crowded places, threats to our democratic election
1 Homeland Security 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).
EXHIBIT F
Page 3 of 41
FY 2020 HSGP NOFO
process and threats from new and emerging technologies. But information sharing and cooperation
between state, local, and tribal authorities 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 serious threats 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 fund 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 upon 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 unique threats that the nation faces in 2020, DHS/FEMA has determined that these
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 (including 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., unmanned aerial systems [UASs], etc.) – 5 percent.
Failure 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 appropriated for grants under section 2003 and section 2004 of the Act, and 0.08 percent for each of
the four territories (American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands).
EXHIBIT F
Page 4 of 41
FY 2020 HSGP NOFO
priorities. The following are enduring needs that help recipients implement a comprehensive
approach to securing communities:
1)Effective planning;
2)Training and awareness campaigns;
3)Equipment and capital projects; and
4)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 continue to be included and will be updated as
the threats evolve and as capability gaps are closed. Applicants are strongly encouraged to begin
planning to sustain existing capabilities through other funding mechanisms.
FY 2020 SHSP & UASI Funding Priorities
Priority Areas Core Capabilities Lifelines Example Project Types
National Priorities
Enhancing
Cybersecurity
(including election
security)
•Cybersecurity
•Intelligence and
information sharing
•Safety and
security
•Cybersecurity risk assessments
•Projects that address vulnerabilities
identified in cybersecurity risk
assessments
o Improving cybersecurity of critical
infrastructure to meet minimum levels
identified by CISA
o Cybersecurity training and planning
Enhancing the
Protection of Soft
Targets/ Crowded
Places (including
election security)
•Operational
coordination
•Public information
and warning
•Intelligence and
information sharing
•Interdiction and
disruption
•Screening, search,
and detection
•Access control and
identity verification
•Physical protective
measures
•Risk management for
protection programsand activities
•Safety and
security
•Operational overtime
•Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment forpeople 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, fusion centers, and other
entities designated by DHS
EXHIBIT F
Page 5 of 41
FY 2020 HSGP NOFO
• 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 and
UAS
• Interdiction &
disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Planning
• Public Information
and Warning
• Operational
Coordination
• Safety and
security
• Sharing and leveraging intelligence and
information
• UAS detection technologies
• 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
Enduring Needs
Planning • Planning
• Risk management for
protection programs
and activities
• Risk and disaster
resilience assessment
• Threats and hazards
identification
• Operational
coordination
• Community resilience
• Safety and
security
• Development of:
o Security Risk Management Plans
o Continuity of Operations Plans
o Response Plans
• Efforts to strengthen governance
integration between/among regional
partners
• Joint training and planning with DHS
officials and other entities designated by
DHS
• Cybersecurity training and planning
Training &
Awareness • Long-term
vulnerability
reduction
• Public information
and warning
• Operational
coordination
• Situational
assessment
• Community resilience
• 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
• Cybersecurity training and planning
Equipment & Capital
Projects • Long-term
vulnerability
reduction
• Infrastructure systems
• Operational
communications
• Interdiction and
disruption
• Screening, search and
detection
• Access control and
identity verification
• Physical protective
measures
• Safety and
security
• Protection of high-risk, high-consequence
areas or systems that have been identified
through risk assessments
• Physical security enhancements
o Security cameras (CCTV)
o Security screening equipment for people and baggage
o Lighting
o Access Controls
Fencing, gates,
barriers, etc.
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Exercises • Long-term
vulnerability
reduction
• Operational
coordination
• Operational
communications
• Community
resilience
• Safety and
security
• Response exercises
Starting in FY 2020, each SHSP and UASI recipient is required to submit an Investment Justification
(IJ) 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 support enhanced preparedness for disasters
unrelated to acts of terrorism.
DHS/FEMA also requires SHSP and UASI recipients (e.g., states, territories, and high-risk urban
areas) to complete a THIRA/SPR and prioritize grant funding to support closing capability gaps or
sustaining capabilities that address national priorities and/or support enduring needs. Additional
information on the THIRA/SPR process, including other National Preparedness System (NPS) tools
and resources, can be found at https://www.fema.gov/national-preparedness-system. Detailed
information on THIRA/SPR timelines and deadlines can be found in the Preparedness Grants
Manual.
FY 2020 OPSG Funding Priorities
Priority Areas Core Capabilities Lifelines Example Project Types
National Priorities
Enhancing
information and
intelligence
sharing and
cooperation with
federal agencies,
including DHS
• Intelligence and
information sharing
• Safety and
security
• Participation in the DHS/ICE 287(g)
training program
• Information sharing with all DHS
components, fusion centers, 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
• Interdiction & disruption
• Screening, search and
detection
• Physical protective
measures
• Intelligence and
information sharing
• Safety and
security
• Operational overtime for border security
operations as directed by the applicable,
USBP-approved operations order
• Sharing and leveraging intelligence and
information
Starting in FY 2020, each OPSG applicant is required to clearly articulate and identify how the
Concept of Operations addresses each of the two national priorities identified above.
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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 drug seizures that resulted from OPSG contacts
B. Federal Award Information
Award Amounts, Important Dates, and Extensions
Available Funding for the HSGP NOFO: $1,120,000,000
HSGP Programs FY 2020 Allocation
State Homeland Security Program $415,000,000
Urban Area Security Initiative $615,000,000
Operation Stonegarden $90,000,000
Total $1,120,000,000
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
evaluation of the effectiveness of proposed investments and projects.
Regardless of the amount 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.
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DHS/FEMA will allocate to each state and territory a minimum allocation under the SHSP using
thresholds established in 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 0.35 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 territories (American Samoa,
Guam, the Northern Mariana Islands, and the U.S. Virgin Islands) is 0.08 percent of the total funds
appropriated for grants under 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 amount, 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
State/Territory
FY 2020 Allocation
State/Territory
FY 2020 Allocation
New York $59,174,400 - $73,968,000 Kentucky $4,287,500
California $49,608,800 - $62,011,000 Louisiana $4,287,500
Texas $15,839,200 - $19,799,000 Maine $4,287,500
Illinois $12,085,600 - $15,107,000 Minnesota $4,287,500
Florida $8,127,200 - $10,159,000 Mississippi $4,287,500
Virginia $7,076,800 - $8,846,000 Missouri $4,287,500
Georgia $4,600,000 - $5,750,000 Montana $4,287,500
Pennsylvania $7,076,800 - $8,846,000 Nebraska $4,287,500
Maryland $6,153,600 - $7,692,000 Nevada $4,287,500
New Jersey $6,153,600 - $7,692,000 New Hampshire $4,287,500
Washington $5,384,800 - $6,731,000 New Mexico $4,287,500
Massachusetts $5,384,800 - $6,731,000 North Dakota $4,287,500
Ohio $5,384,800 - $6,731,000 Oklahoma $4,287,500
North Carolina $4,423,200 - $5,529,000 Oregon $4,287,500
District of Columbia $4,423,200 - $5,529,000 Puerto Rico $4,287,500
Michigan $4,423,200 - $5,529,000 Rhode Island $4,287,500
Alabama $4,287,500 South Carolina $4,287,500
Alaska $4,287,500 South Dakota $4,287,500
Arizona $4,287,500 Tennessee $4,287,500
Arkansas $4,287,500 Utah $4,287,500
Colorado $4,287,500 Vermont $4,287,500
Connecticut $4,287,500 West Virginia $4,287,500
Delaware $4,287,500 Wisconsin $4,287,500
Hawaii $4,287,500 Wyoming $4,287,500
Idaho $4,287,500 American Samoa $1,000,000
Indiana $4,287,500 Guam $1,000,000
Iowa $4,287,500 Northern Mariana $1,000,000
Kansas $4,287,500 U.S. Virgin Islands $1,000,000
$415,000,000
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FY 2020 HSGP NOFO
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 Bureau at https://www.census.gov/programs-
surveys/metro-micro.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 upon 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 pursuant to the Homeland 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
determinations 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 four 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 urban area must invest UASI 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.
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FY 2020 TARGET UASI ALLOCATIONS
State/Territory Funded Urban Area FY 2020 UASI Allocation
Arizona Phoenix Area $4,200,000 - $5,250,000
California
Anaheim/Santa Ana Area $4,200,000 - $5,250,000
Bay Area $30,000,000 - $37,500,000
Los Angeles/Long Beach Area $54,400,000 - $68,000,000
Riverside Area $2,800,000 - $3,500,000
Sacramento Area $2,800,000 - $3,500,000
San Diego Area $13,520,000 - $16,900,000
Colorado Denver Area $2,800,000 - $3,500,000
District of Columbia National Capital Region $41,400,000 - $51,750,000
Florida
Miami/Fort Lauderdale Area $11,800,000 - $14,750,000
Orlando Area $2,800,000 - $3,500,000
Tampa Area $2,800,000 - $3,500,000
Georgia Atlanta Area $5,000,000 - $6,250,000
Hawaii Honolulu Area $2,800,000 - $3,500,000
Illinois Chicago Area $54,400,000 - $68,000,000
Louisiana New Orleans Area $2,800,000 - $3,500,000
Maryland Baltimore Area $3,400,000 - $4,250,000
Massachusetts Boston Area $13,520,000 - $16,900,000
Michigan Detroit Area $4,200,000 - $5,250,000
Minnesota Twin Cities Area $4,200,000 - $5,250,000
Missouri St. Louis Area $2,800,000 - $3,500,000
Nevada Las Vegas Area $4,200,000 - $5,250,000
New Jersey Jersey City/Newark Area $15,240,000 - $19,050,000
New York New York City Area $143,000,000 - $178,750,000
Oregon Portland Area $2,800,000 - $3,500,000
Pennsylvania Philadelphia Area $13,520,000 - $16,900,000
Pittsburgh Area $2,800,000 - $3,500,000
Texas
Dallas/Fort Worth/Arlington Area $13,520,000 - $16,900,000
Houston Area $19,680,000 - $24,600,000
San Antonio Area $2,800,000 - $3,500,000
Virginia Hampton Roads Area $2,800,000 - $3,500,000
Washington Seattle Area $5,000,000 - $6,250,000
Total $615,000,000
OPSG Allocations
For FY 2020, DHS/FEMA will award OPSG funds based on risk and the anticipated
effectiveness of the proposed use of grant funds upon completion of the application review
process. The FY 2020 OPSG risk assessment is designed to identify the risk to border security
and to assist with the distribution of funds for the grant program. Funding under OPSG is
distributed based on the risk to the security of the border and the effectiveness of the proposed
projects. Entities eligible for funding are the state, local, and tribal law enforcement agencies
EXHIBIT F
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FY 2020 HSGP NOFO
that are located along the border of the United States. DHS/FEMA will make final award
determinations based upon a review of the anticipated effectiveness of the State’s application as
described in Section D, below. The THIRA/SPR process is not required for OPSG.
For the purposes of OPSG, the risk is defined as the potential for an adverse outcome assessed
as a function of threats, vulnerabilities, and consequences associated with an incident, event, or
occurrence.
Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues to
focus the bulk of OPSG funds based upon risk analyses. The risk model used to allocate OPSG
funds considers the potential risk that certain threats pose to border security and estimates the
relative risk faced by a given area. In evaluating risk, DHS/CBP considers intelligence,
situational awareness, criminal trends, and statistical data specific to each of the border sectors,
and the potential impacts that these threats pose to the security of the border area. For
vulnerability and consequence, DHS/CBP considers the expected impact and consequences of
successful border events occurring in specific areas.
Threat and vulnerability are evaluated based on specific operational data from DHS/CBP.
Threat components present in each of the sectors are used to determine the overall threat score.
These components are terrorism, criminal aliens, drug trafficking organizations, and alien
smuggling organizations.
Effectiveness of the proposed investments will be evaluated based on the recipient’s investment
strategy, budget, collaboration, and past performance.
Period of Performance: 36 months
Extensions to the Period of Performance (PoP) are allowed. For additional information on PoP
extensions, refer to the Preparedness Grants Manual.
Projected Period of Performance Start Date: September 1, 2020
Projected Period of Performance End Date: August 31, 2023
Funding Instrument: Grant
C. 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 Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands, are eligible to
apply for SHSP funds. Tribal governments may not apply directly for HSGP funding;
however, funding may be available to tribes under 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
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FY 2020 HSGP NOFO
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 government at the county level or
equivalent level of government and Federally recognized tribal governments in states
bordering Canada or Mexico and states and territories with international water borders. All
applicants must have active ongoing USBP operations coordinated through a CBP sector
office to be eligible for OPSG funding.
In FY 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 government at the
county level or equivalent and Federally recognized tribal governments that are on a
physical border in states bordering Canada, states bordering Mexico, and states and
territories with international water borders. Tier 2 eligible subrecipients are those not
located on the physical border or international water but are contiguous to a Tier 1 county.
Tier 3 eligible subrecipients are those not located on the physical border or international
water but are contiguous to a Tier 2 eligible subrecipient. The tier structure is only
applicable with regard to eligibility. OPSG funding allocations are based on the assessed
border security risks as determined by the USBP.
3. Other Eligibility Criteria
National Incident Management System (NIMS) Implementation
Prior to allocation of any Federal preparedness awards in FY 2020, recipients must ensure
and maintain adoption and implementation of NIMS. Detailed information on NIMS
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 Information 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 under HSGP’s authorizing statute are used for law enforcement terrorism
prevention activities. DHS/FEMA meets this requirement, in part, 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
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FY 2020 HSGP NOFO
identified above and any other investments. And the 25 percent LETPA allocation is in
addition to the 80 percent pass-through requirement to local units of government and tribes,
referenced below.
The National Prevention Framework describes those activities that should be executed upon
the discovery of intelligence or information regarding an imminent threat to the homeland, to
thwart an initial or follow-on terrorist attack and provides guidance to ensure the Nation is
prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined
in the National Prevention Framework are eligible for use as LETPA-focused funds. Also,
where capabilities are shared with the protection mission area, the National Protection
Framework activities are also eligible. All other terrorism prevention activities proposed for
funding under LETPA must be approved by the FEMA Administrator.
4. Cost Share or Match
There is no cost share or match requirement for the FY 2020 HSGP.
D. Application and Submission Information
1. Key Dates and Times
a. Application Start Date: February 14, 2020
b. Application Submission Deadline: April 30 15, 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 cause 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 programmatic questions 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: No later than 7/1/2020
d. Anticipated Award Date: No later than 9/30/2020
e. Other Key Dates:
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Event Suggested Deadline for Completion
Obtain DUNS Number 3/16/2020 3/1/2020
Obtain a valid Employer
Identification Number (EIN) 3/16/2020 3/1/2020
Update SAM registration 3/16/2020 3/1/2020
Submit the initial application in
Grants.gov 4/23/2020 4/8/2020
Submit the final application in ND
Grants 4/30/2020 4/15/2020, 5:00 p.m. ET
2.Agreeing to Terms and Conditions of the Award
By submitting an application, applicants agree to comply with the requirements of this
NOFO and the terms and conditions of the award, should they receive an award.
3.Address to Request Application Package
See the Preparedness Grants Manual for information on requesting and submitting an application.
4.Steps Required to Submit an Application, Unique Entity Identifier, and System for Award
Management (SAM)
To apply for an award under this program, all applicants must:
a.Apply for, update, or verify their Data Universal Numbering System (DUNS) 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 unique entity identifier;
c.Have an account with login.gov;
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 account;
a.Establish an Authorized Organizational Representative (AOR) in 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.Continue 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. Further, as noted above, an applicant’s or
recipient’s SAM registration must remain active for the duration of an active federal award. If an
applicant’s SAM registration is expired at the time of application, expires during application
review, or expires any other time before award, DHS may determine that the applicant is not
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FY 2020 HSGP NOFO
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 Grants.gov and to submit final
applications through ND Grants.
6. How to Register to Apply through Grants.gov
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 format: GRANTXXXXXXXX)
from Grants.gov, and an Agency Tracking Number (in this format: EMX-2020-XX-XXXX)
with the successful 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 15,
2020. Proof of timely submission is automatically recorded by ND Grants. An electronic
date/time stamp is generated within the system when the application is successfully received
by ND Grants. Additionally, the applicant(s) listed as contacts on the application will receive
a system-generated email to confirm receipt.
9. Submitting the Final Application in Non-Disaster Grants System (ND Grants)
After submitting the initial application in Grants.gov, eligible applicants will be notified by
DHS/FEMA and asked to proceed with submitting their complete application package in
ND Grants. Applicants can register early with ND Grants and are encouraged to begin their
ND Grants registration at the time of this announcement 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-construction);
• 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 found in the
Related Documents Tab of the Grants.gov posting and used as a preparation tool;
responses to questions in the Template are entered into the GRT);
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• 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 following in ND Grants if applying for
construction projects. The forms may be accessed in the Forms tab under SF-424
Family on Grants.gov:
• Standard Form 424C, Budget Information (Construction); and
• Standard Form 424D, Standard Assurances (Construction).
Applicants needing assistance registering for the ND Grants system
should contact ndgrants@fema.gov 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 Application 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 (IJs) 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
evaluation of the effectiveness of the IJs 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 IJ 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, technological, legal, policy, and other
impediments to collaborating, networking, sharing information, cooperating, and
fostering a culture of national preparedness with federal, state, tribal, and local
governments, 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 urban area, the State, or the Nation.
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FY 2020 HSGP NOFO
Each IJ must explain how the proposed investments will support the applicant’s efforts to:
• Prevent a threatened or an actual act of terrorism;
• Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness;
• Protect citizens, residents, visitors, and assets against the greatest threats and hazards,
relating to acts of terrorism; and/or
• Respond quickly 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 must include the name of the priority in the
investment name for easy identification.
• Within each investment in their IJ, 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-funded 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 fusion 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 security.
• 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 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 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/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 IJs 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
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FY 2020 HSGP NOFO
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 Terrorism 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 security
and functioning 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
Cybersecurity Review (NCSR), enabling agencies to benchmark 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 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.
In January 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 destruction 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 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 Agency.
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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 use of simple tactics and less sophisticated attacks. Segments of
our society are inherently open to the general public, and by nature of their purpose do not
incorporate strict security measures. Given the increased emphasis by terrorists and other
extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital
that the public and private sectors collaborate to enhance security 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 must meet or exceed the FY 2020 national priority 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
Agency.
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 information 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 governments 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
solutions, at least one investment must 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
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FY 2020 HSGP NOFO
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 must 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 full 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
knowledge presents new and emerging dangers for homeland security in the years ahead.
Terrorists 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
opportunities of threat actors to acquire 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 support 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
full allocation of SHSP funds. Additional resources and information regarding emerging threats
are available through the Countering Weapons of Mass Destruction Office and the Cybersecurity
and Infrastructure 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 IJ, Urban Areas must propose at least one project to
describe the activities they are planning to implement with UASI funds. There is no limit
to the number of projects that may be submitted.
• Required national priority IJs must include the name of the priority in the investment name for
easy identification.
• Of the proposed projects, Urban Areas are required 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.
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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 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 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
Priority Investments - UASI
High-risk urban areas are encouraged to review the Strategic Framework for Countering
Terrorism and Targeted Violence when developing investments.
Cybersecurity Investment Justification (5 percent)
At least one investment must 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 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 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 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 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.
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FY 2020 HSGP NOFO
In January 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 destruction 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 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 Agency.
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 use of simple tactics and less sophisticated attacks. Segments of
our society are inherently open to the general public, and by nature of their purpose do not
incorporate strict security measures. Given the increased emphasis by terrorists and other
extremist actors to leverage less sophisticated methods to inflict harm in public areas, it is vital
that the public and private sectors collaborate to enhance security 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 urban area’s efforts to protect soft targets/crowded places. Additionally, the
proposed investment must meet or exceed the FY 2020 national priority 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 UASI funds. Additional
resources and information regarding securing soft targets and crowded places are available
through the Cybersecurity and Infrastructure Security Agency.
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
Agency.
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 information 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 governments 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
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FY 2020 HSGP NOFO
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
solutions, at least one investment must be in support of the urban area’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 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 must 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
full allocation of UASI 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
knowledge presents new and emerging dangers for homeland security in the years ahead.
Terrorists 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 non-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
opportunities of threat actors to acquire 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 support of the
urban area’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 full allocation of UASI funds. Additional resources and information regarding
emerging threats are available through the Countering Weapons of Mass Destruction Office and
the Cybersecurity and Infrastructure Security Agency.
Development of Fusion Center Projects (SHSP and UASI)
If applicable, each applicant must identify a fusion center project that will:
• Indicate alignment to a designated Fusion Center.
• Provide both a brief narrative description and funding itemization for the proposed project
activities that directly support the designated fusion center.
• The descriptive narrative and the financial itemization should align improvement or sustainment
requests with fusion center activities as they relate to the Fusion Center Performance Measures
found in the Preparedness Grants Manual.
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FY 2020 HSGP NOFO
• If the project description and funding itemization do not directly support the fusion center or
clearly align to the Fusion Center Performance Measures, then the project may be conditionally
approved until a Fusion Center Addendum is submitted.
Sample Fusion Center Funding Itemization
A sample project description and funding itemization are below. For the itemized projects, clearly
identify the anticipated fusion center performance improvement or sustainment as a result of the
proposed funding.
The X Fusion enhancement project will fund:
• Salaries, benefits, and training for X number of Fusion Center intelligence analysts
• Travel costs associated with fusion center analyst training.
• This project will directly sustain the Center’s current capabilities and performance and
directly aligns with performance measures 2020.XXX.
• We anticipate seeing an improvement in the quality and quantity of analytic production
and responses to requests for information as a direct result of the funding of this project.
The funding itemization for a fusion center project should include the amount and percent
of each relevant solution area. As an example:
Solution Area and Amount of Proposed
Funding
Percent of Proposed
Funding
Planning: $10,000.00 2%
Organization: $200,000 48%
Equipment: $200,000 48%
Training: $10,000 2%
Exercises: $0 0%
Total: $420,000 100%
Completing IJs in the Grant Reporting Tool (GRT) (SHSP and UASI)
In the Related Documents section of the Grants.gov posting, applicants can find the IJ template
and instructions for collecting the required information for investments and
projects. Additionally, applicants should utilize the Project Worksheet located in Grants.gov
posting to assemble the information required for each project, which will facilitate the input of
that information into the GRT.
Development of Concept of Operations for OPSG
As part of the FY 2020 OPSG application process, each eligible local unit of government at the
county or Federally recognized tribal government level must develop a strategic plan called a
Concept of Operations (CONOP)/Application, which is a formal proposal of action to address a
specific situation and forms the basis for Operations Orders, in coordination with state and
Federal law enforcement agencies, to include, but not limited to CBP/USBP. CONOPs that are
developed at the county level should be inclusive of city, county, tribal, and other local law
enforcement agencies that are eligible to participate in OPSG operational activities, and the
CONOP/Application should describe participating agencies in the Executive Summary.
CONOP/Application details should include the names of the agencies, points of contact, and
individual funding requests. All CONOPs/Applications must be developed in collaboration with
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FY 2020 HSGP NOFO
the local USBP sector office, the SAA and the local unit of government. Requests for funding
in CONOPs/Applications must be based on risks and the operational enforcement support
requirements of its corresponding USBP Sector, as well as the national priorities identified
below. USBP Sector offices will forward the CONOPs to USBP Headquarters for vetting and
coordination. Applicants will forward corresponding OPSG Applications to the SAA for
submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the
OPSG Applications. FEMA will review and evaluate all CONOPs and OPSG Applications and
funding will be allocated based on the review and selection criteria identified in this NOFO.
OPSG Applicants will be required to clearly articulate and identify how the CONOPs will
address the national priorities identified below.
Information Sharing and Cooperation
Effective border 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 information 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 governments 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
solutions, the CONOP must be in support of the recipient’s efforts to enhance information
sharing and cooperation with DHS and other federal agencies. Applicants must justify
persuasively how they will contribute to the information sharing and collaboration purposes of
the OPSG program and a culture of national preparedness, including how they will identify,
address, and overcome any existing laws, policies, and practices that prevent information
sharing. Additional resources and information regarding collaboration and information sharing
are available through the Department’s Office of Intelligence and Analysis.
Emerging Threats
The spread of rapidly evolving and innovative technology, equipment, techniques, and
knowledge presents new and emerging dangers for homeland security in the years ahead.
Terrorists 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 non-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
opportunities of threat actors to acquire and use these capabilities against the United States and
its interests.
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FY 2020 HSGP NOFO
Given the increased risk of emerging threats, the CONOP must be in support of the recipient’s
efforts to address emerging threats. Additional resources and information regarding emerging
threats are available through the Countering Weapons of Mass Destruction Office and the
Cybersecurity and Infrastructure Security Agency.
11. Intergovernmental Review
An intergovernmental review may be required. Applicants must contact their state’s Single
Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372. See
https://www.archives.gov/Federal-register/codification/executive-order/12372.html;
https://www.whitehouse.gov/wp-content/uploads/2017/11/SPOC-Feb.-2018.pdf.
12. Funding Restrictions
Federal funds made available through this award may be used for the purpose set forth in this
award and must be consistent with the statutory authority for the award. Award funds may not
be used for matching funds for any other Federal awards, lobbying, or intervention in Federal
regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the
Federal Government or any other government entity. See the Preparedness Grants Manual for
more information on funding restrictions.
13. Environmental Planning and Historic Preservation (EHP) Compliance
See the Preparedness Grants Manual for information on EHP Compliance.
14. Emergency Communications Investments
If an entity uses HSGP funding to support emergency communications investments, the
following requirements shall apply to all such grant-funded communications investments in
support of the emergency communications priorities and recognized best practices:
• Applicants must describe in the investment how proposed communications investments
align to needs identified in their SCIP. Effective project alignment will require advance
coordination with the SWIC and consultation with governing bodies such as the SIGB or
Statewide Interoperability Executive Committee (SIEC), as they serve as the primary
steering group for the statewide interoperability strategy. Additionally, recipients should
consult subject matter experts serving on governance bodies, such as broadband experts,
chief information officers, representatives from utilities, or legal and financial experts,
when developing proposals.
• The signatory authority for the SAA must certify in writing to DHS/FEMA their
compliance with the SAFECOM Guidance. The certification letter should be
coordinated with the SWIC for each state and must be uploaded to ND Grants at the
time of the first Program Performance Report (PPR) submission.
• All states and territories must designate a full-time SWIC who has the authority and
resources to actively improve interoperability with emergency management and
response agencies across all levels of government, to include establishing statewide
plans, policies, and procedures, and coordinating decisions on communications
investments funded through Federal grants. Note that the designated full-time SWIC
may also be the state’s or territory’s cybersecurity point of contact. SWIC status
information will be maintained by the DHS Office of Emergency Communications
and will be verified by FEMA GPD through programmatic monitoring activities.
• By the period of performance end date, all states and territories must update the SCIP,
with a focus on communications resilience/continuity, to include assessment and
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FY 2020 HSGP NOFO
mitigation of all potential risks identified in the SCIP: natural disasters, accidental
damage (human failures), intentional damage (sabotage, terrorism), cybersecurity, etc.
Following the initial update, the SCIP should be updated on an annual basis. SCIP
status information will be maintained by the DHS Office of Emergency
Communications and will be verified by FEMA GPD through programmatic
monitoring activities.
All states and territories must test their emergency communications capabilities and procedures
(as outlined in their operational communications plans) in conjunction with regularly planned
exercises (separate/addition emergency communications exercises are not required) and must
submit an After Action Report/Improvement Plan (AAR/IP) to the Homeland Security Exercise
and Evaluation Program’s (HSEEP) electronic message inbox at hseep@fema.gov within 90
days of exercise completion. Exercises should be used to both demonstrate and validate skills
learned in training and to identify gaps in capabilities. Resilience and continuity of
communications should be tested during training and exercises to the greatest extent possible.
Further, exercises should include participants from multiple jurisdictions, disciplines, and levels
of government and include emergency management, emergency medical services, law
enforcement, interoperability coordinators, public health officials, hospital officials, officials
from colleges and universities, and other disciplines and private sector entities, as appropriate.
Findings from exercises should be used to update programs to address gaps in emergency
communications as well as emerging technologies, policies, and partners. Recipients are
encouraged to increase awareness and availability of emergency communications exercise
opportunities across all levels of government.
States, territories, and other eligible grant recipients are advised that HSGP funding may be used
to support communications planning (including the cost of hiring a SWIC, participation in
governance bodies and requirements delineated above), training, exercises, and equipment costs.
Costs for transitioning to the FirstNet network may also be eligible. More information regarding
FirstNet can be found in the Preparedness Grants Manual.
15. Detailed Budget
Applicants must provide budget summary worksheets for all funds requested at the time of
application. The budget summary worksheets must be complete, reasonable, and cost-effective
in relation to the proposed project and should provide the basis of computation of all project-
related costs (including management and administrative costs) and any appropriate narrative.
FEMA must be able to thoroughly evaluate the projects being submitted based on the
information provided. FEMA must be able to determine how much funding is being used by the
direct recipient for projects carried out by the direct recipient and how much funding is being
passed through to sub-recipients for each sub-program (UASI, SHSP, OPSG). Consequently,
applicants must provide an appropriate level of detail within the budget summary worksheets to
clarify what will be purchased and spent. Sample budget summary worksheets are available on
the grants.gov posting for the HSGP in the Related Documents tab and may be used as a guide
to assist applicants in the preparation of budgets and budget narratives.
16. Funds Transfer Restriction
The recipient is prohibited from transferring funds between programs (includes the SHSP, the
UASI, and OPSG). Recipients can submit an investment/project where funds come from
multiple funding sources (e.g., the SHSP and UASI), however, recipients are not allowed to
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FY 2020 HSGP NOFO
divert funding from one program to another due to the risk-based funding allocations, which
were made at the discretion of DHS/FEMA.
17. Pre-Award Costs
Pre-award costs are allowable only with the prior written approval of DHS/FEMA and as
included in the award agreement. To request pre-award costs, a written request must be included
with the application, signed by the Authorized Representative of the entity. The letter must
outline what the pre-award costs are for, including a detailed budget break-out of pre-award
costs from the post-award costs, and a justification for approval.
18. Cost Principles
Costs charged to this award must be consistent with the Cost Principles for Federal Awards
located at 2 C.F.R. Part 200, Subpart E. For more information on 2 C.F.R. Part 200, please refer
to FEMA GPD Information Bulletin 400, FEMA’s Implementation of 2 C.F.R. Part 200, the
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (“Super Circular” or “Omni Circular”).
19. Direct Costs
a. Planning
Planning costs are allowed under this program.
b. Organization
Organization costs are allowed under this program.
c. Equipment
Equipment costs are allowed under this program.
d. Training
Training costs are allowed under this program.
e. Exercises
Exercise costs are allowed under this program.
f. Personnel
Personnel hiring, overtime, and backfill expenses are permitted under this grant to perform
allowable HSGP planning, organization, training, exercise, and equipment activities. Under
OPSG, overtime costs are allowable only in so far as they meet the intent of the program. All
recipients and subrecipients of HSGP funds, including SHSP, UASI, and OPSG allocations, may
not use more than 50 percent of their awards to pay for personnel activities unless a waiver is
approved by FEMA. For more information on the 50 percent personnel cap, please see FEMA
Information Bulletin (IB) 421, Clarification on the Personnel Reimbursement for Intelligence
Cooperation and Enhancement of Homeland Security Act of 2008 (Public Law
110-412) – the PRICE Act.
g. Operational Overtime
Operational overtime costs are allowed under this program. Prior to use of funds for operational
overtime, recipients must receive approval from DHS/FEMA.
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h. Travel
Domestic travel costs are allowed under this program, as provided for in this
NOFO. International travel is not an allowable cost under this program unless approved in
advance by DHS/FEMA.
i. Construction and Renovation
Construction and renovation costs to achieve capability targets related to preventing, preparing
for, protecting against, or responding to acts of terrorism are allowed under this program. For
construction and renovation costs to be allowed, they must be specifically approved by
DHS/FEMA in writing prior to the use of any program funds. Applicants must use the EHP
approval process. Limits on the total amount of grant funding that may be used for construction
or renovation may apply. Additionally, recipients are required to submit Standard Form 424C.
j. Maintenance and Sustainment
Maintenance- and sustainment-related costs, such as maintenance contracts, warranties, repair
or replacement costs, upgrades, and user fees, are allowable as described in FP 205-402-125-1,
Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants Policy
(http://www.fema.gov/media-library/assets/documents/32474).
k. Management and Administration (M&A) Costs
Management and administration (M&A) activities are those directly relating to the management
and administration of HSGP funds, such as financial management and monitoring. A maximum
of up to five percent of HSGP funds awarded may be retained by the state, and any funds
retained are to be used solely for M&A purposes associated with the HSGP award.
Subrecipients may also retain a maximum of up to five percent of the funding passed through
by the state solely for M&A purposes associated with the HSGP award.
Recipients or subrecipients may apply or credit M&A funding toward the recipient’s
requirement to allocate funding toward the four national priority areas. For example, if a
recipient spends $5,000 to manage or administer its funding dedicated toward its enhancing
cybersecurity investment, the recipient may credit that funding toward its requirement to allocate
at least 5 percent of its award to enhancing cybersecurity.
A state’s HSGP funds for M&A calculation purposes includes the total of its SHSP, UASI, and
OPSG awards. While the SAA may retain up to five percent of this total for M&A, the state
must still ensure that all subrecipient award amounts meet the mandatory minimum pass-
through requirements that are applicable to each HSGP program. To meet this requirement, the
percentage of SHSP and UASI funds passed through to local or tribal jurisdictions must be
based on the state’s total HSGP award prior to withholding any M&A.
In retaining these funds, states may retain a maximum of 2.5 percent of the OPSG allocation,
which must be withheld from the pass-through to each subrecipient county or tribe in an equal
percentage. The SAA may also retain additional funding from its SHSP award to manage and
administer the OPSG award, but that additional amount is also capped at an amount equal to
2.5 percent of the OPSG award. Examples applying this principle:
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FY 2020 HSGP NOFO
SAA 1:
SHSP: $1,000,000
OPSG: $2,500,000
UASI: $2,500,000
M&A Maximum: $300,000 (5 percent of $6,000,000)
Maximum M&A for SHSP = $50,000
Maximum M&A for OPSG = $125,000. Of that amount, $62,500 (2.5 percent) may be
retained from the OPSG allocation, and the other $62,500 would come from the SHSP
allocation. Any amount used to manage and administer OPSG that is charged to SHSP
may be above and beyond the $50,000 available to manage the SHSP allocation.
SAA 2:
SHSP: $3,500,000
OPSG: $1,000,000
M&A Maximum: $225,000 (5 percent of $4,500,000)
Maximum M&A for SHSP: $175,000
Maximum M&A for OPSG = $50,000. Of that amount, $25,000 (2.5 percent) may be
retained from the OPSG allocation, and the other $25,000 would come from the SHSP
allocation. Any amount used to manage and administer OPSG that is charged to SHSP
may be above and beyond the $175,000 available to manage the SHSP allocation.
Please note, Information Bulletin (IB) 365: Management and Administration Costs in the
Homeland Security and DHS/FEMA Policy 207-087-1, which can be found at
http://www.fema.gov/library/viewRecord.do?id=7837, do not apply to awards made in FY
2020 under this NOFO. The IB and Policy remain in effect for all previous awards.
L. Critical Emergency Supplies
Critical emergency supplies are allowed under this program.
M. Secure Identification
Secure Identification costs are allowed under this program.
N. Indirect (Facilities & Administrative [F&A]) Costs
Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2
C.F.R. § 200.414. Applicants with a negotiated indirect cost rate agreement that desire to
charge indirect costs to an award must provide a copy of their negotiated indirect cost rate
agreement at the time of application. Applicants that are not required by 2 C.F.R. Part 200 to
have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to
develop an indirect cost rate proposal must provide a copy of their proposal at the time of
application. Post-award requests to charge indirect costs will be considered on a case-by-case
basis and based upon the submission of an agreement or proposal as discussed above.
O. General Purpose Equipment
HSGP allows expenditures on general purpose equipment if it aligns to and supports one or
more core capabilities identified in the Goal and has a nexus to terrorism preparedness. General
purpose equipment, like all equipment funded under the HSGP, must be sharable through the
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FY 2020 HSGP NOFO
Emergency Management Assistance Compact (EMAC)3 and allowable under 6 U.S.C. § 609,
and any other applicable provision of the Homeland Security Act of 2002, as amended.
Examples of such general-purpose equipment may include:
• Law enforcement vehicles;
• Emergency medical services (EMS) equipment and vehicles;
• Fire service equipment and vehicles, to include hose, pump accessories, and foam
concentrate for specialized chemical, biological, radiological, nuclear, and
explosives (CBRNE) response;
• Interoperability of data systems, such as computer aided dispatch (CAD) and record
management systems (RMS); and
• Office equipment for staff4 engaged in homeland security program activity.
Equipment allowability is based on the Authorized Equipment List (AEL) but exceptions may
be considered on a case-by-case basis if (1) the equipment identified to be purchased directly
maps to a core capability contained within the Goal, and (2) the equipment’s purpose (when
operational) falls under the permitted use of funds in accordance with 6 U.S.C. § 609, and any
other applicable provision of the Homeland Security Act of 2002, as amended.
P. Allowable Cost Matrix
The following matrix provides allowable cost activities that fall under each of the cost
categories noted above. Recipients and subrecipients must follow all applicable requirements in
2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards). Funds under HSGP may be used to cover the costs for
evaluating the impact of these grants on the state or urban area’s core capabilities and capability
gaps. This list is not exhaustive, therefore, if there are any questions regarding allowable costs,
please contact the appropriate HQ GPD Program Analyst. For additional information on
allowable costs, see the Preparedness Grants Manual.
Allowable Program Activities SHSP UASI OPSG
Allowable Planning Costs
Developing hazard/threat-specific annexes Y Y N
Developing and implementing homeland security support programs and adopting
ongoing DHS/FEMA nationalinitiatives
Y
Y
N
Developing related terrorism and other catastrophic event prevention activities Y Y N
Developing and enhancing plans and protocols Y Y N
Developing or conducting assessments Y Y N
Hiring of full- or part-time staff or contract/consultants to assist with planning
activities
Y
Y
N
Materials required to conduct planning activities Y Y N
Travel/per diem related to planning activities Y Y Y
Overtime and backfill costs (in accordance with operational Cost Guidance) Y Y Y
Issuance of WHTI-compliant Tribal identification cards Y N N
Activities to achieve planning inclusive of people with disabilities and others with
access and functional needs and limited English proficiency. Y Y N
3 Except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC
at this time.
4 This applies to all homeland security personnel and is not limited to management and administration staff, and costs are to be
captured outside the cap on management and administration costs
EXHIBIT F
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FY 2020 HSGP NOFO
Allowable Program Activities SHSP UASI OPSG
Coordination with Citizen Corps Councils for public information/education and development of volunteer programs Y Y N
Update governance structures and processes and plans for emergency communications Y Y N
Development, and review and revision of continuity of operations plans Y Y N
Development, and review and revision of the THIRA/SPR continuity of operations plans Y Y N
Allowable Organizational Activities
Note: Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such
expenses are for the allowable activities within the scope of the grant.
Program management Y Y N
Development of whole community partnerships Y Y N
Structures and mechanisms for information sharing between the public and private
sector Y Y N
Implementing models, programs, and workforce enhancement initiatives Y Y N
Tools, resources, and activities that facilitate shared situational awareness between
the public and private sectors Y Y N
Operational support Y Y N
Utilization of standardized resource management concepts Y Y N
Responding to an increase in the threat level under the National Terrorism Advisory
System (NTAS), or needs in resulting from a National Special Security Event Y Y N
Reimbursement for select operational expenses associated with increased security measures at critical infrastructure sites incurred (up to 50 percent of the allocation) Y Y Y
Overtime for information, investigative, and intelligence sharing activities (up to 50
percent of the allocation) Y Y Y
Hiring of new staff positions/contractors/consultants for participation in
information/intelligence analysis and sharing groups or fusion center activities (up to
50 percent of theallocation).
Y
Y
Y
Allowable Equipment Categories
Personal Protective Equipment Y Y Y
Allowable Equipment Categories
Explosive Device Mitigation and Remediation Equipment Y Y N
CBRNE Operational Search and Rescue Equipment Y Y N
Information Technology Y Y Y
Cybersecurity Enhancement Equipment Y Y N
Interoperable Communications Equipment Y Y Y
Detection Y Y Y
Decontamination Y Y N
Medical countermeasures Y Y Y
Power (e.g., generators, batteries, power cells) Y Y Y
CBRNE Reference Materials Y Y N
CBRNE Incident Response Vehicles Y Y N
Terrorism Incident Prevention Equipment Y Y Y
Physical Security Enhancement Equipment Y Y Y
Inspection and Screening Systems Y Y Y
Animal Care and Foreign Animal Disease Y Y N
CBRNE Prevention and Response Watercraft Y Y N
CBRNE Prevention and Response Unmanned Aircraft Y Y N
CBRNE Aviation Equipment Y Y N
CBRNE Logistical Support Equipment Y Y N
Intervention Equipment (e.g., tactical entry, crime scene processing) Y Y Y
Critical emergency supplies Y Y N
Vehicle acquisition, lease, and rental N N Y
Other Authorized Equipment Y Y Y
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FY 2020 HSGP NOFO
Allowable Program Activities SHSP UASI OPSG
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel attending
DHS/FEMA-sponsored and approved training classes Y Y N
Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA training Y Y N
Training workshops and conferences Y Y Y
Activities to achieve training inclusive of people with disabilities and others with access and functional needs and limited English proficiency Y Y N
Full- or part-time staff or contractors/consultants Y Y Y
Travel Y Y Y
Supplies Y Y N
Instructor certification/re-certification Y Y N
Coordination with Citizen Corps Councils in conducting training exercises Y Y N
Interoperable communications training Y Y N
Activities to achieve planning inclusive of people with limited English proficiency Y Y N
Immigration enforcement training Y Y Y
Allowable Exercise Related Costs
Design, Develop, Conduct, and Evaluate an Exercise Y Y N
Full- or part-time staff or contractors/consultants Y Y N
Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in DHS/FEMA exercises Y Y N
Implementation of HSEEP Y Y N
Activities to achieve exercises inclusive of people with disabilities and others with access and functional needs Y Y N
Travel Y Y N
Supplies Y Y N
Interoperable communications exercises Y Y N
Allowable Exercise Related Costs
Activities to achieve planning inclusive of people with limited English proficiency Y Y N
Allowable Management & Administrative Costs
Hiring of full- or part-time staff or contractors/consultants to assist with the
management of the respective grant program, application requirements, and
compliance with reporting and data collection requirements
Y
Y
Y
Development of operating plans for information collection and processing necessary to respond to DHS/FEMA data calls Y Y Y
Overtime and backfill costs Y Y Y
Travel Y Y Y
Meeting related expenses Y Y Y
Authorized office equipment Y Y Y
Recurring expenses such as those associated with cell phones and faxes during the PoP of the grant program Y Y N
Leasing or renting of space for newly hired personnel during the PoP of the grant Program Y Y N
Law Enforcement Terrorism Prevention Activities (LETPA) Costs
Integration and interoperability of systems and data, such as CAD and RMS, to
facilitate the collection, Y Y N
Maturation and enhancement of designated state and major Urban Area fusion
centers Y Y N
Coordination between fusion centers and other analytical and investigative efforts Y Y N
EXHIBIT F
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FY 2020 HSGP NOFO
Allowable Program Activities SHSP UASI OPSG
Implementation and maintenance of the Nationwide SAR Initiative Y Y N
Implementation of the "If You See Something, Say Something®" campaign Y Y N
Increase physical security, through law enforcement personnel and other protective measures, by implementing preventive and protective measures at critical Y Y N
Building and sustaining preventive radiological and nuclear detection capabilities Y Y N
E. Application Review Information
1. Application Evaluation Criteria
a. Programmatic Criteria
Allocations
Risk Methodology and Effectiveness Review
The risk methodology and effectiveness review first determine the relative risk of terrorism
faced by a given area considering the potential risk of terrorism to people, critical infrastructure,
and economic security. The analysis includes, but is not limited to, threats from violent
domestic extremists, international terrorist groups, and individuals inspired by terrorists abroad.
See the Preparedness Grants Manual and Application Evaluation Criteria for additional
information on risk methodology and effectiveness review.
The second part of the risk methodology and effectiveness review determines whether the
proposed project is clear, logical, and reasonable to address the priority area of interest and
contribute to a culture of national preparedness. This part considers factors such as how well the
project is described and how well the project addresses the objectives and strategies of the
priority area.
Risk and effectiveness will be given equal consideration in determining final award amounts.
NOTE: The THIRA/SPR process is separate from the risk methodology and effectiveness
review, and its results do not affect grant allocations.
Evaluation Criteria
FEMA will evaluate the FY 2020 HSGP applications for completeness, adherence to
programmatic guidelines, and anticipated effectiveness of the proposed investments. FEMA’s
review will include verification that each IJ or project:
• Meets the national priority required spend percentages.
• Aligns with at least one core capability identified in the Goal;
• Demonstrates how investments support closing capability gaps or sustaining
capabilities identified in the THIRA/SPR process; and
• Supports a NIMS-typed resource and whether those assets are deployable/shareable
to support emergency or disaster operations per existing EMAC agreements.
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FY 2020 HSGP NOFO
In addition to the above, FEMA will determine whether the proposed approach is clear, logical,
and reasonable to address the priority areas of interest and contribute to a culture of national
preparedness. This part considers factors such as the objectives and strategies proposed to
address the priority area, how the objectives and strategies overcome legal, political, or practical
obstacles to reduce overall risk, the process and criteria to select additional relevant projects, and
the approach to monitor awards to satisfy the funding percentage allocations. Effectiveness will
be evaluated prior to award and may impact the final overall award amount. To that end, IJs
should include:
• How the proposed investment addresses the national priority;
• An explanation of how the proposed projects were selected and will achieve
objectives and strategies to build or sustain the core capability gaps identified in the SPR,
including expected long-term impact where applicable;
• A summary of laws, policies and practices that can be enhanced, eliminated, or
otherwise changed in order to achieve the goals of the project and foster a culture of
national preparedness;
• A summary of the collaboration efforts to prevent, prepare for, protect against,
and respond to acts of terrorism as well as anticipated outcomes of the project.
For FY 2020 HSGP applications, effectiveness will be evaluated based on the following five factors:
• Investment Strategy (30%): Proposals will be evaluated based on the quality and extent to
which applicants describe an effective strategy that demonstrates that proposed projects
support the program objective of preventing, preparing for, protecting against, and responding
to acts of terrorism, to meet its target capabilities, and otherwise reduce the overall risk to the
high-risk urban area, the State, or the Nation.
• Budget (10%): Proposals will be evaluated based on the extent to which applicants describe a
budget plan for each investment demonstrating how the applicant will maximize cost
effectiveness of grant expenditures.
• Impact/Outcomes (30%): Proposals will be evaluated on how this investment helps the
jurisdiction close capability gaps identified in its Stakeholder Preparedness Review and
addresses national priorities outlined in the FY 2020 NOFO. Further, proposals will be
evaluated on their identification and estimated improvement of core capability(ies),
theassociated standardized target(s) that align with their proposed investment, and the ways in
which the applicant will measure and/or evaluate improvement.
• Collaboration (30%): Proposals will be evaluated based on the degree to which the proposal
adequately details how the recipient will use investments and other means to overcome
existing logistical, technological, legal, policy, and other impediments to collaborating,
networking, sharing information, cooperating, and fostering a culture of national preparedness
with federal, state, tribal, and local governments, 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 urban area, the State, or the
Nation. In evaluating applicants under this factor FEMA will consider the information
provided by the applicant and may also consider relevant information from other sources.
• Past Performance (additional consideration): Proposals will be evaluated based on the
EXHIBIT F
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FY 2020 HSGP NOFO
applicants demonstrated capability to execute the proposed investments. In evaluating
applicants under this factor FEMA will consider the information provided by the applicant
and may also consider relevant information from other sources.
Recipients are expected to conform, as applicable, with accepted engineering practices,
established codes, standards, modeling techniques, and best practices, and participate in the
development of case studies demonstrating the effective use of grant funds, as requested.
Review and Selection Process (SHSP and UASI)
To ensure the effectiveness of proposed investments and projects, all applications will
undergo a Federal review as described herein. The Federal review will be conducted by DHS
and FEMA. IJs will be reviewed at both the investment and project level. Results of the
effectiveness analysis may result in a recipient receiving a reduced grant award.
Cybersecurity investments will be reviewed by DHS/FEMA, CISA, and other DHS
components as appropriate, for compliance with purposes and requirements of the priority
investment area. Proposed investments will be reviewed for effectiveness using the criteria set
forth in this NOFO.
Soft Targets/Crowded Places investments will be reviewed by DHS/FEMA, CISA, and other
DHS components as appropriate, for compliance with purposes and requirements of the priority
investment area. Proposed investments will be reviewed for effectiveness using the criteria set
forth in this NOFO.
Information Sharing and Cooperation Investments will be reviewed by DHS/FEMA, DHS
Intelligence and Analysis, and other DHS components as appropriate, for compliance with
purposes and requirements of the priority investment area. Proposed investments will be
reviewed for effectiveness using the criteria set forth in this NOFO.
As part of the above, Fusion center projects will be reviewed by DHS/FEMA for compliance
with HSGP NOFO requirements to prioritize the alignment of requests with results from the
annual Fusion Center Assessment Program. If a fusion center investment does not meet the
requirements, a Fusion Center Addendum must be completed and submitted for review and
approval prior to expending funds allocated to fusion center activities.
Emerging threats investments will be reviewed by DHS/FEMA, DHS Countering Weapons of
Mass Destruction Office, and other DHS components as appropriate, for compliance with
purposes and requirements of the priority investment area. Proposed investments will be
reviewed for effectiveness using the criteria set forth in this NOFO.
All other proposed investments not associated with a required investment justification will
undergo a Federal review by DHS/FEMA to verify compliance with all administrative and
eligibility criteria identified in the NOFO.
Review and Selection Process (OPSG)
Applications will be reviewed by the SAA and USBP for completeness and adherence to
programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the
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FY 2020 HSGP NOFO
Operations Orders. For more information on Operations Orders and other requirements of
OPSG, see the Preparedness Grants Manual.
DHS/FEMA will verify compliance with all administrative and eligibility criteria identified in
the NOFO and required submission of Operations Orders and Inventory of Operations Orders by
the established due dates. DHS/FEMA and USBP will use the results of both the risk analysis
and the Federal review by DHS/FEMA to make recommendations for funding to the Secretary of
Homeland Security.
FY 2020 OPSG funds will be allocated competitively based on risk-based prioritization using
the OPSG Risk Assessment described above. Final funding allocations are determined by the
Secretary, who may consider information and input from various law enforcement offices or
subject-matter experts within the Department. Factors considered include, but are not limited to,
threat, vulnerability, miles of the border, and other border-specific law enforcement intelligence,
as well as the feasibility of FY 2020 Operations Orders to designated localities within border
states and territories.
b. Financial Integrity Criteria
Prior to making a Federal award, DHS/FEMA is required by 31 U.S.C. § 3321 note, 41
U.S.C. § 2313, and 2 C.F.R. § 200.205 to review information available through any OMB-
designated repositories of government-wide eligibility qualification or financial integrity
information. Application evaluation criteria may include the following risk-based
considerations of the applicant:
• Financial stability;
• Quality of management systems and ability to meet management standards;
• History of performance in managing Federal awards;
• Reports and findings from audits; and
• Ability to effectively implement statutory, regulatory, or other requirements.
c. Supplemental Financial Integrity Review
Prior to making a Federal award where the anticipated Federal share of a Federal award will be
greater than the simplified acquisition threshold, currently $250,000 (see Section 805 of the
National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 115-91, OMB
Memorandum M-18-18 at https://www.whitehouse.gov/wp-content/uploads/2018/06/M-18-
18.pdf; see also FEMA GPD Information Bulletin No. 434, Increases and Changes to the Micro-
Purchase and Simplified Acquisition Thresholds):
• DHS/FEMA is required to review and consider any information about the applicant in the
designated integrity and performance system accessible through the System for Award
Management (SAM), which is currently the Federal Awardee Performance and Integrity
Information System (FAPIIS) and is also accessible through the SAM website.
• An applicant, at its option, may review information in FAPIIS and comment on any
information about itself that a Federal awarding agency previously entered.
• DHS/FEMA will consider any comments by the applicant, in addition to the other
information in FAPIIS, in making a judgment about the applicant’s integrity, business
ethics, and record of performance under Federal awards when completing the review of
risk posed by applicants, as described in 2 C.F.R. § 200.205.
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FY 2020 HSGP NOFO
F. Federal Award Administration Information
1. Notice of Award
See the Preparedness Grants Manual for information on Notice of Award.
2. SHSP and UASI Pass-Through Requirements
Awards made to the SAA for HSGP carry additional pass-through requirements. Pass-through is
defined as an obligation on the part of the SAA to make funds available to local units of
government, combinations of local units, tribal governments, or other specific groups or
organizations. Four requirements must be met to pass-through grant funds:
• The SAA must make a firm written commitment to passing through grant funds
to subrecipients;
• The SAA’s commitment must be unconditional (i.e., no contingencies for the availability
of SAA funds);
• There must be documentary evidence (i.e., award document, terms, and conditions) of
the commitment; and
• The award terms must be communicated to the subrecipient.
Timing and Amount
The SAA must pass-through at least 80 percent of the funds awarded under the SHSP and UASI
to local or tribal units of government within 45 calendar days of receipt of the funds. “Receipt
of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA
receives notice of the award, whichever is earlier.
SAAs are sent notification of HSGP awards via the GPD’s ND Grants system. If an SAA accepts
its award within 15 calendar days of receiving notice of the award in the ND Grants system, the
45-calendar days pass-through period will start on the date the SAA accepted the award. Should
an SAA not accept the HSGP award within 15 calendar days of receiving notice of the award in
the ND Grants system, the 45-calendar days pass-through period will begin 15 calendar days
after the award notification is sent to the SAA via the ND Grants system.
It is important to note that the PoP start date does not directly affect the start of the 45-calendar
days pass-through period. For example, an SAA may receive notice of the HSGP award on
August 20, 2020, while the PoP dates for that award are September 1, 2020, through August 31,
2022. In this example, the 45-day pass-through period will begin on the date the SAA accepts the
HSGP award or September 4, 2020 (15 calendar days after the SAA was notified of the award),
whichever date occurs first. The PoP start date of September 1, 2020 would not affect the timing
of meeting the 45-calendar day pass-through requirement.
Other SHSP and UASI Pass-Through Requirements
The signatory authority of the SAA must certify in writing to DHS/FEMA that pass-through
requirements have been met. A letter of intent (or equivalent) to distribute funds is not
considered sufficient. The pass-through requirement does not apply to SHSP awards made to
the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the
Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is
required to comply with the pass-through requirement, and its SAA must also obligate at least
80 percent of the funds to local units of government within 45 calendar days of receipt of the
funds.
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FY 2020 HSGP NOFO
Under SHSP, the SAA may retain more than 20 percent of funding for expenditures made by the
state on behalf of the local unit(s) of government. This may occur only with the written consent
of the local unit of government, specifying the amount of funds to be retained and the intended
use of funds. States shall review their written consent agreements yearly and ensure that they are
still valid. If a written consent agreement is already in place from previous fiscal years,
DHS/FEMA will continue to recognize it for FY 2020, unless the written consent review
indicates the local government is no longer in agreement. If modifications to the existing
agreement are necessary, the SAA should contact their assigned FEMA HQ Program Analyst.
Additional OPSG Requirements
The recipient is prohibited from obligating or expending funds provided through this award
until each unique and specific county-level or equivalent Operational Order/Fragmentary
Operations Order budget has been reviewed and approved through an official electronic mail
notice issued by DHS/FEMA removing this special programmatic condition.
3. Administrative and National Policy Requirements
See the Preparedness Grants Manual for information on Administrative and National
Policy requirements.
4. Reporting
See the Preparedness Grants Manual for information on reporting requirements, including federal
financial reporting requirements, programmatic performance reporting requirements, and closeout
reporting requirements.
Threat and Hazard Identification and Risk Assessment (THIRA) and
Stakeholder Preparedness Review (SPR) Process
See the Preparedness Grants Manual for information on the THIRA and SPR process.
Supplemental Information Reporting Systems
In addition to ND Grants, the following information systems are used for the submission
of required reports:
Grant Reporting Tool (GRT)
Information on the GRT can be found in the Preparedness Grants Manual.
Unified Reporting Tool (URT)
See the Preparedness Grants Manual for information on the URT.
Closeout Reporting Requirements
See the Preparedness Grants Manual for information on closeout reporting requirements.
Disclosing Information per 2 C.F.R. § 180.335
See the Preparedness Grants Manual for information on disclosing information.
5. Monitoring
Per 2 C.F.R. § 200.336, DHS/FEMA through its authorized representatives, has the right, at all
reasonable times, to make site visits to review project accomplishments and management control
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FY 2020 HSGP NOFO
systems to review project accomplishments and to provide any required technical assistance. During
site visits, DHS/FEMA will review grant recipients’ files related to the grant award. As part of any
monitoring and program evaluation activities, grant recipients must permit DHS/FEMA, upon
reasonable notice, to review grant-related records and to interview the organization’s staff and
contractors regarding the program. Recipients must respond in a timely and accurate manner to
DHS/FEMA requests for information relating to the grant program. See the Preparedness Grants
Manual for additional information on monitoring.
G. DHS/FEMA Awarding Agency Contact Information
1. Contact and Resource Information
Centralized Scheduling and Information Desk (CSID)
CSID is a non-emergency comprehensive management and information resource developed by
DHS/FEMA for grant stakeholders. CSID provides general information on all DHS/FEMA grant
programs and maintains a comprehensive database containing key personnel contact information
at the Federal, state, and local levels. When necessary, recipients will be directed to a Federal
point of contact who can answer specific programmatic questions or concerns. CSID can be
reached by phone at (800) 368-6498 or by e-mail at askcsid@fema.gov, Monday through Friday,
9:00 a.m. – 5:00 p.m. ET.
GPD Grant Operations Division
GPD’s Grant Operations Division Business Office provides support regarding financial matters
and budgetary, technical assistance. Additional guidance and information can be obtained by
contacting the FEMA Call Center at 866-927-5646 or via e-mail to ASK-GMD@fema.gov.
FEMA Regional Offices
FEMA Regional Offices may also provide fiscal support, including pre- and post-award
administration and technical assistance such as conducting cash analysis, financial monitoring,
and audit resolution for the grant programs included in this solicitation. GPD will provide
programmatic support and technical assistance. FEMA Regional Office contact information is
available here.
GPD Environmental Planning and Historic Preservation (EHP)
The DHS/FEMA GPD EHP Team provides guidance and information about the EHP review
process to recipients and subrecipients. All inquiries and communications about GPD projects
or the EHP review process, including the submittal of EHP review materials, should be sent to
gpdehpinfo@fema.dhs.gov. EHP Technical Assistance, including the EHP Screening Form, can
be found online at https://www.fema.gov/media-library/assets/documents/90195.
2. Systems Information
Grants.gov
For technical assistance with Grants.gov, call the customer support hotline 24 hours per day, 7
days per week (except Federal holidays) at (800) 518-4726 or e-mail at support@grants.gov.
Non-Disaster (ND) Grants
For technical assistance with the ND Grants system, please contact the ND Grants Helpdesk at
EXHIBIT F
Page 41 of 41
FY 2020 HSGP NOFO
ndgrants@fema.gov or (800) 865-4076, Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.
Payment and Reporting System (PARS)
DHS/FEMA uses the Payment and Reporting System (PARS) for financial reporting, invoicing
and tracking payments. DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer
(DD/EFT) method of payment to recipients. To enroll in the DD/EFT, recipients must complete
a Standard Form 119A, Direct Deposit Form.
H.Additional Information
GPD has developed the Preparedness Grants Manual to guide applicants and recipients of grant
funding on how to manage their grants and other resources. Recipients seeking guidance on
policies and procedures for managing preparedness grants should reference the Manual for
further information. Examples of information contained in the Preparedness Grants Manual
include:
•Conflicts of Interest in the Administration of Federal Awards and Subawards;
•Extensions;
•Monitoring;
•Procurement Integrity; and
•Other Post-Award Requirements.
In response to recent disasters, FEMA has introduced a new lifelines construct, in order to
enable the continuous operation of government functions and critical business essential to
human health, safety, or economic security during and after a disaster. To learn more about
lifelines, please refer to the Preparedness Grants Manual, or visit http://www.fema.gov/national-
planning-frameworks.
Additionally, recipients can access the DHS Strategic Framework for Countering Terrorism and
Targeted Violence which explains how the department will use the tools and expertise that have
protected and strengthened the country from foreign terrorist organizations to address the evolving
challenges of today.
EXHIBIT F
3.Taxpayer ID #:
2.Mailing Address (please let us know where you want your check delivered, including attention line if necessary):
No Yes
(attach State
Approval)
If Competitive,
indicate the # of
bids.
Non-Competitive
Bid Sole Source
8. TOTAL
I certify that (please use the checkbox):
3.
4.
5.AUTHORIZED CONTACT INFORMATION (If different from Section B):
PHONE #
E-MAIL:
Revised on December 2019
NOTE: This Form is intended for Internal SSD review purpose only.
AUTHORIZED PRINTED NAME AUTHORIZED TITLE
ASSIGNED INVOICE NO.:
2.All instructions for this form were followed and all the supporting documentation (per instructions) is
included with this claim.
AUTHORIZED SIGNATURE DATE
$-
SECTION D: SUB-RECIPIENT'S CERTIFICATION SECTION E: FOR SSD USE ONLY
1. I am the duly authorized officer of the claimant herein and this claim is in all respect true and correct. All
expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and
assurances.
STAMP WITH RECEIVED DATE HERE:
7.CLAIM
AMOUNT
(indicate the
amount per each
line)
SECTION C: DETAIL PAYMENT REQUEST INFORMATION
1. SOLUTION AREA
(e.g. equipment, training,
planning, exercise, organization)
2.PROJECT #
(e.g. 011.22)
4. EHP required?
(Environmental & Historic
Preservation)5. VENDOR'S INVOICE #
(Maximum of 5 invoices)
6. PURCHASE METHOD
(including Training)
4.Contact's e-mail:
4.Contact's phone:
1. Sub-recipient's Name: (reimbursement check will be made payable to a payee entered
here)
4.Contact's Name:
Please submit Grant Payment Request Form along with legible supporting documents to:1.Grant Name & Year:Grants@auditor.lacounty.gov
In the event e-mail is not available, you can mail your Grant payment request to (please do not fax or send duplicates):
Department of Auditor-Controller
Shared Services Division / Attn: Grants Unit
LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER
SHARED SERVICES DIVISION
GRANT PAYMENT REQUEST
SECTION A: SUBMITTING YOUR REQUEST
3470 Wilshire Blvd., Suite 812
Los Angeles, CA 90010
SECTION B: SUB-RECIPIENT'S INFORMATION
EXHIBIT G
Page 1 of 14
Purpose of these instructions:
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1.
2.
3.
4.
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1.
2.
4.
a)
Ensuring that all documents attached to your Grant payment requests are legible.
COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER / SHARED SERVICES DIVISION
INSTRUCTIONS TO COMPLETE THE GRANT PAYMENT REQUEST
To assist sub-recipients in completing the Grant Payment Request. We appreciate your participation in this program, for questions or
suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your
guidance only.
SECTION A: GENERAL INSTRUCTIONS FOR SUBMISSION OF GRANT PAYMENT REQUEST
In numeral 1 of this section, please enter the name and year of the grant program that you are submitting for payment. In addition, please help us expedite
the process of your Homeland Security claims by:
Completing the Grant payment request correctly and according to these instructions.
Submitting your Grant payment request using our e-mail --> Grants@auditor.lacounty.gov (please do not fax documents).
Sending your Grant payment request only once (we do not require original documents and duplicates will slow down our process).
Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are
flagged for your convenience with a checkbox within the corresponding areas.
Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the
final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are
incurred.
SECTION B: SUB-RECIPIENT'S INFORMATION
Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you
need it to appear in the payee line of the reimbursement check.
Please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement
check. Please note that this is not necessary for L.A. County departments.
Please enter the tax ID of the governmental entity requesting payment. Please leave blank for L.A. County departments.
Please enter the information of the person that can assist us with detail claim questions.
SECTION C: DETAIL PAYMENT REQUEST INFORMATION:
In order to expedite your Grant payment request, in this area's grid, include a maximum of five (5) invoices or reimbursements charges (one charge or
one invoice per line). The invoices or charges need to share the same solution area, project #.
Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment, training, planning or exercise.
Enter the project # corresponding to the claim. This information is found in the latest budget of the grant. An example of Item # is 17.020.
Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHP
approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise
projects. Please attach the following:
State EHP Approval: if required by the state for your claim.
Revised on 11/20/2017
EXHIBIT G
Page 2 of 14
5.
a)
b)
c)
d)
e)
f)
g)
6.
a)
b)
c)
7.
8.
SECTION D: SUB-RECIPIENT'S CERTIFICATION
The following numerals provide the instructions to fill in the corresponding numeral in the form:
1.
2.
3.
4 &
5.
SECTION C: (Continued)
If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. Please note that
you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the
following documentation with your claim:
Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described
in your grant line item and AEL #. When the invoice includes items that are not being claimed or that belong to different claims or grants,
please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project #, a
funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice.
Copy of the purchase order
Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.us/fema_grants.cfm
Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e-CAPS showing that the check
cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check .
Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim.
Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state, the
amount and the reference to the invoice being claimed.
Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at
http://www.sam.gov/portal/public/SAM. (you will need a username and a password; if you don't please create an account) . The listing
needs to be queried prior to the selection of the vendor.
If you are claiming services, supplies, training related costs, or any other type of items purchased thru a vendor or contractor or government agency,
please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive
bid, non-competitive bid or sole source are the only valid purchasing methods.
Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one).
Non-Competitive Bid: for single bid purchases of $250,000 or more (effective June 21, 2018) to a single vendor or a single project, please
attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.
Sole Source: for non-bid purchases of $250,000 or more effective (June 21, 2018) to a single vendor or a single project, please attach the
approval from the State. The approval needs to be requested from the State prior to the start of the project.
Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient,
please let your Program Coordinator know of the possible need for budget modification.
Enter the "Total Amount" by adding the subtotal claims included in each line.
Please read and check the box provided if you are an authorized signor.
Please read and check the box provided if you are an authorized signor.
Please sign the Grant payment request if you are an authorized signor of your agency.
When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the
authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.
Revised on 11/20/2017
EXHIBIT G
Page 3 of 14
a)
For Training Claims:
a)
b)
c)
If you are including personnel cost with your training claim, please add the following:
d)
e)
f)
g)
h)
i)
ADDITIONAL ITEMS THAT YOU NEED TO ATTACH TO YOUR GRANT PAYMENT REQUEST:
For Equipment Claims:
Equipment Inventory Listing (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with
your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial #
for your equipment please assign a valid ID tag, or write "Consumable" (if it applies) or write N/A. please do NOT leave the corresponding
space blank. *1Please refer to the Instructions to Equip Inty Tab for completion procedures of Equipment Inventory.
Additionally, please enter the appropriate CBRNE Mission (Chemical, Biological, Radiological, Nuclear, or Explosive) in the column titled
"Equipment Description & Quantity". This only applies to vehicles with AEL # 12VE-00-MISS (Vehicle Specialized Mission:CBRNE).
You need to inform us of any changes on the items above *1. This applies to each piece of equipment added in the Inventory
Listing, including when the items are disposed and/or no longer useful. We will update the master inventory listing (per grant
requirement) according to the information you give us. Please make sure that you include all the attachments that are necessary
to provide us with the requested information.
State Sole Source Approval: If you are claiming training related costs thru a Non-Competitive Bid or Sole Source training provider,
regardless the purchased amount, please attach the State's approval (effective December 03, 2018). The approval needs to be requested
from the State prior to the start of the project.
State-Sponsored Training Reporting Form (with the tracking request #): Please add this form along with the Training Request Form
Training Officer (POC), which you completed at the website, to the claim's backup documentation. All the backup documentation submitted
for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of
the Grant. Training request #'s must be obtained from the State prior to the start of the project.
Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as
air plane tickets, hotel stays, instructor's fees, workshop cost, facilities fees, consulting services, etc. Additionally, you will need to include
the documents requested in numeral 5 under Section C.
Personnel List (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The
excel file is used to submit your claim with the state and the printout as backup document for audits.
Documents that certify completion of the training: please attach supporting documents that show the class name, dates of training, # of
hours of the training class, printed name and signature of individual taking the class and approval signature from supervisor or trainer
(attach the information for backfilled positions also). Examples of documents that certify completion of training are:
Attendance sheets (signed by employee and instructor)
Sign in sheets (same as above) Signed training certificates
Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the
breakdown of the training charges per employee and that match the total claimed. This form includes the following: employee name,
assignment, job title, date, salary, hours claimed, regular rate, overtime rate, employee benefits rate, claim amount per employee, clear
calculations of amount claimed per employee and total (equal to the amount claimed).
Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory, with printed name and title, and
dated.
Backup for the Benefits Rate: If you are adding benefits to your claim, please make sure that you include the official calculation for the
rate used.
Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the # of hours charged per day to the
grant, supervisor's signature, employee name and signature. Automatic system generated timecards need to be approved and include the
name of the employee and hours charged per day to the grant.
Explanation of timekeeping codes: When the supporting documentation (timesheet, payroll register, etc.) includes timekeeping codes
please provide a printout with the explanation of the usage as detailed as possible.
Revised on 11/20/2017
EXHIBIT G
Page 4 of 14
j)
k)
For Planning Claims:
a)
b)
c)
d)
a)
b)
c)
Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the
grant award.
Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the
salary, hourly rate, employee benefits and overtime rate.
Roster of backfilled positions: When you are claiming overtime for a backfilled position, please attach the backfilled roster to your claim.
The roster needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee
whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation
corresponding to the employee covered by the backfilling position.
Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed.
Invoices: If your planning claim includes charges invoiced by vendors, please see requirements and documents you need to attach to your
claim form under Section C (numeral 5 and numeral 6).
Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost, please see d) to i) under Training
Claim (supporting documents needed) and add to the documentation.
For Exercise Claims:
Proof of State Approval of After Action Report (AAR): In order for your AAR to be approved you have to submit it to the State using the
ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they
can proceed with the approval process.
https://hseep.dhs.gov/DHS_SSO/
Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your
claim form under Section C (numeral 5 and numeral 6).
Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Training
Claim (supporting documents needed) and add to the documentation.
For Organization Claims: Please see above b) and c) under Exercise Claims
Revised on 11/20/2017
EXHIBIT G
Page 5 of 14
GRANT NAME:
SUB-RECIPIENT: __________________________________________P. ___ of ___
DATE OF REPORT: ______________________________________
Grant Project AEL Description of Property Serial # or SAFECOM Source of Department Vendor Invoice % of FED Location Use & Condition
Year Number No.Other ID #Consult
(Yes/No/NA)
Property
(SHSP or
EMPG Grant
Program)
(Title Holder)Name Number Date Cost Participation (N=New,
D=Deployed,
O=Out of
Service, L=Lost,
Date Sale Price
N:Grants/Subrecipient Monitoring/Forms/Propery & Equipment Inventory Listing
Revised 12/2019
GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
Acquisition Disposition
EXHIBIT G
Page 6 of 14
OBJECTIVE:To provide an equipment inventory listing that links the State
Homeland Security Workbook, to the Equipment Ledger and to the
Equipment Listing to simplify the tracking and accountability; and to
Field Date Element
(1)
(2)
(3)
(4)Grant Year
(5)Project #
(7)AEL No.
(8)Description
(9)Serial # or Other ID #
(10)Safecom consult
(11)Source of Property
(12)Title Holder
(13)Vendor Name
(14)Invoice Number
(15)Acquisition Date
(16)Acquisition Cost
(17)% of Fed Part
(18)Location
(19)Use & Condition
(20)Disposition data
(21)Sale Price
of the form.
Note {1}:
taken and the results reconciled with the equipment records (at least
{2} Indicate: N = New, D = Deployed, O = Out of Service, L = Lost & S = Stolen
Project Number (from Grant Workbook Project Sheets)
Equipment Inventory ListingProcedures for Completion
eliminate duplication and confusion.
Procedure
Grant Name SHSP or EMPG
Sub-Recipient Name of your agency
Date of Report Date report completed {1}
Grant Year of funds used to purchase equipment
Fed participation in the cost of equipment
Authorized Equip Listing No (from Grant Workbook)
Description of the equipment
Serial # or Other identification # used
Fill out either by Yes, No, or N/A
Funding source, i.e, SHSP, EMPG, etc.
Name of agency (City/Department)
Name of the vendor
Invoice number
Date equipment acquired
Cost of the individual equipment item
once every two years).
Distribution
Copy maintained in sub-recipient file
Copy forwarded to Shared Services Division
Location of equipment
Use & condition {2}
Date of disposition
Sale price, If applicable, or N/A for not applicable
The Equipment Inventory Listing must be completed in its entirety to meet the objective
This date should be the date the physical inventory of equipment was
EXHIBIT G
Page 7 of 14
Grant Name
Jurisdiction Name:
Training Provider:
OHS Approved Course Title:
Non-SLGCP Course Title & OHS Tracking No.
(requires pre-approval thru OEM)
Date of Course:
Class/ Exercise Duration/Hours:
EMP NO.EMPLOYEE NAME ASSIGNMENT TITLE
TRAINING
REQUEST #
TRAINING
START DATE
TRAINING END
DATE
SALARY OT REG RATE OT RATE OT PAY
Are you
claiming
for
Employee
Benefits?
Employee
Benefits Rate CLAIM
(for Training only)HOURS TOTAL
1 -$ -$ -$
2
3
4
5
6
7
8
9
10
GRAND TOTAL -$
Approved by:
Authorized Signature
Print Name and Title Date
Training Summary
Sheet
EXHIBIT G
Page 8 of 14
- -
GRAND TOTAL $
Approved by:
Authorized Signature
Print Name and Title Date
Final Product
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)
PLANNING ROSTER
Project Planning Activity Solution Area
Sub-Category Discipline Funding Source Total Cost Total Claimed Cash Request
Number
FMFW v1.09- 06/09
EXHIBIT G
Page 9 of 14
- -
GRAND TOTAL $
Approved by:
Authorized Signature
Print Name and Title Date
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)
EXERCISE ROSTER
Project Exercise Title Funding Source Solution Area
Sub-Category Discipline Cash Request
Number Total Cost Total Claimed Conducted By Date of
Exercise Exercise Type Exercise Role Date AAR entered into HSEEP
FMFW v1.09- 06/09
EXHIBIT G
Page 10 of 14
8.Notes on Personnel Cost:
In general, costs associated with:
Work performed under contract for a specific deliverable DOES NOT count against the
personnel cap, however,
Work performed under contract for an undefined period, such as for personnel costs
supporting operational activities, including general planning, training or exercise
activities DO count against the personnel cap; and
Work performed by all non-contractor personnel, including for full- or part-time staff and
operational overtime DO count against the personnel cap.
The following examples would not count towards the personnel cap:
Vendor installation of a radio tower;
Vendor training on new equipment purchased;
Contractor hired to create an Emergency Operations Plan;
Contractor hired to provide deliveries of ICS 400; and
Contractor hired to assist with planning, training, evaluating, and reporting the
effectiveness of a specific exercise.
The following examples would count towards the personnel cap:
Contractor hired to be the State’s WMD training instructor with no specific deliverables
under contract;
Contractor hired to facilitate unidentified number of exercises throughout the
performance period;
Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and
Contractor hired to be an intelligence analyst.
EXHIBIT G
Page 11 of 14
Employee Name Project / Deliverable Funding
Source Discipline Solution Area Solution Area Sub
Category
Dates of Payroll
Period
Total Salary &
Benefits charged
for this Reporting
Period
Total Project
Hours
REIMB
Request #
Total Cost Charged
to Grant
- - N/A -
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)
Project
FMFW v1.15a - 2015
EXHIBIT G
Page 12 of 14
FMFW v1.15a - 2015
EXHIBIT G
Page 13 of 14
FMFW v1.15a - 2015
EXHIBIT G
Page 14 of 14
EXHIBIT H
Page 1 of 11
B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities
aligned with the project’ s goals and objectives. If the Training activities involved employees,
determine if the Subrecipient appropriately documented the Training expenditures using employee
timecards, sign-in sheets, and certificates of training. If the Training activities involved using
consultants or contractors, determine if the Subrecipient followed the appropriate procurement
procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E –
Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.
2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?
3. If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign-in sheets and certificates of training?
4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?
5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?
6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
EXHIBIT H
Page 2 of 11
B. TRAINING (Continued)
Verification Yes No Comments
7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?
8. Were employee timecards utilized in Training activities
signed and dated by the employee and direct supervisor?
9. Were the Training expenditures consistent with the State
approved grant award and/or post award modification(s)?
10. Ensure the Subrecipient corrected areas of noncompliance
that remain outstanding and were reported as findings in
prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not
resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.
EXHIBIT H
Page 3 of 11
C. PLANNING
Objective
To determine that the Planning expenditures were appropriately documented and that the
activities aligned with the project’s goals and objectives. If the Planning activities involved
employees, determine if the Subrecipient appropriately documented the Planning expenditures
using employee timecards and sign-in sheets. If the Planning activities involved using
consultants or contractors, determine if the Subrecipient followed the appropriate procurement
policies. Use Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?
3. If Planning expenditures relate to the use of employees,
did the Subrecipient use employee timecards and
sign-in sheets?
4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?
5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?
6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?
EXHIBIT H
Page 4 of 11
C. PLANNING (Continued)
Verification Yes No Comments
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?
7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign-in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?
8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?
9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?
10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.
EXHIBIT H
Page 5 of 11
D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a
listing of the Equipment/property is maintained by the Subrecipient. To determine that the
purchases are aligned with the project’s goals and objectives. Use Worksheets 2 and 3 (See
Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?
3. Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal “Authorized
Equipment List” and/or “Standardized Equipment List”?
4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?
5. Did the Subrecipient maintain an Equipment
inventory that listed the following:
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage,
g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
l) Disposal date and sale price of the Equipment
6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?
EXHIBIT H
Page 6 of 11
D. EQUIPMENT (Continued)
Verification Yes No Comments
7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?
8. Did the Subrecipient maintain Equipment in a secure
location?
9. For property other than Equipment, i.e. supplies, did
the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?
10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the
disposal?
11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/OES, steps to replace the
Equipment and an investigative process?
12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?
13. Ensure the Subrecipient corrected areas of noncompliance
that remain outstanding and were reported as findings in prior
Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding
was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding
is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year
finding and indicate such in the current report.
EXHIBIT H
Page 7 of 11
E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the
activities align with project’s goals and objectives. If the Exercise activities involved employees,
determine if the Subrecipient appropriately documented the Exercise expenditures using
timecards and sign-in sheets. If the Exercise activities involved using consultants or consultants,
determine if the Subrecipient followed the appropriate procurement procedure. Use
Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.
2. Did the Subrecipient receive prior approval from the
State either via email or other documentation and did it
include the Exercise course name and number?
3. If the Exercise expenditures relate to the use of employees,
did the Subrecipient appropriately document the Exercise
expenditures using employee timecards, sign-in sheets, and
certificates for Exercise?
4. If the Exercise expenditures relate to the use of consultants/
contractors, did the Subrecipient follow proper procurement
procedures to hire the consultants or contractors?
5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?
6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?
7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign-in sheets?
EXHIBIT H
Page 8 of 11
E. EXERCISE (Continued)
Verification Yes No Comments
8. Were the employee timecards utilized in the Exercise activities
signed and dated by the employee and direct supervisor?
9. Were the Exercise expenditures consistent with the State
approved grant award and/or post award modifications?
10. Ensure the Subrecipient corrected areas of noncompliance
that remain outstanding and were reported as findings in
prior Grant Year monitoring reports:
a. If the Project prior Grant Year monitoring report finding
was resolved, explain resolution and indicate such in
the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is
not resolved, indicate why it has not been resolved and what
the Subrecipient is doing to resolve the prior year finding and
indicate such in the current report.
EXHIBIT H
Page 9 of 11
F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the
activities align with the project’s goals and objectives. If the Organization activities involved
employees, determine if the Subrecipient appropriately documented the Organization expenditures
using employee timecards and sign-in sheets. If the Organization activities involved using consultants
or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use
Worksheets 1 and 3 (See Attachment E – Subrecipient Monitoring Worksheets).
Verification Yes No Comments
1. Did the Subrecipient receive funding for Organization
expenditures? If so, continue. If no, continue to next section.
2. If the Organization expenditures relate to the use of
employees, did the Subrecipient document the expenditures
using employee timecards, sign-in sheets, or with other
support documentation that substantiated the expense?
3. If the Organization expenditures relate to the use of
consultants or contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?
4. Did the Subrecipient accurately report the Organization
expenditures in their accounting records?
5. For Projects with overtime expenditures for Organization:
a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?
EXHIBIT H
Page 10 of 11
F. ORGANIZATION (Continued)
Verification Yes No Comments
6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?
7. Were employee timecards utilized in Organization activities
signed and dated by the employee and direct supervisor?
8. Were the Organization expenditures consistent with the State
approved grant award and/or post award modification(s)?
9. Ensure that the Subrecipient corrected areas of noncompliance
that remain outstanding and were reported as findings in prior
Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding
was resolved, explain resolution and indicate such in the
current report as resolved.
b. If the Project prior Grant Year monitoring report finding
is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior year
finding and indicate such in the current report.
EXHIBIT H
Page 11 of 11
STAFF REPORT
ITEM NO. _______8__________
TO: Honorable Mayor and Members of the City Council
FROM: Mark Hsu, Information Systems Manager
DATE: November 16, 2022
SUBJECT: Approval of Proposal from THE [RE]DESIGN GROUP for the
Purchase of Citywide Replacement 164 Dell Computers and
Monitors
SUMMARY
Staff computers are more than 7 years old. As part of our computer refresh strategy, computers that
are at the end-of-useful-life are replaced with new computers and monitors when needed.
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the proposal from THE [RE]DESIGN GROUP in the amount of $199,294.27 and
authorize the Chief Executive Officer to purchase 164 Dell Optiplex 7090 Ultra Computers &
C2422HE Monitors
2. Authorize the Director of Finance to make the necessary budget adjustments.
FISCAL IMPACT
There is no fiscal impact to the General Fund. The funds for this project budget were approved as part
of the Fiscal Year 2021-22 Capital Improvement Program (CIP No. 22-004). Approved funds will come
from the American Rescue Plan Act (ARPA) revenue loss category, account number 275-10-764-
58110-51004 in the amount of $199,294.27
BACKGROUND
Most of City current computers are more than 7 years old. The City Information Technology Division
has a practice of maintaining for a lifespan of 5-6 years, based on industry standards and practical
observation.
As a part of its information technology practices, the City IT typically upgrades and deploys hardware
in a timeframe that keeps City equipment in a state of secure, reliable, and efficient performance. This
practice helps to make sure that critical technology infrastructure is up to date with security-related
improvements, functional product enhancements, and resilient to failure.
The total cost of this purchase is $199,294.27 which includes 164 Dell Optiplex 7090 Ultra Computers
and C2422HE Monitors. This proposal is including 3 years Advanced Exchange Service.
Pricing for this purchase is based on the NCPA (National Cooperative Purchasing Alliance) 01-42,
contract number C000000978662. City Policy provides for an exemption from formal bidding
procedures when participating in established governmental cooperative purchasing programs such
as the NCPA agreement.
LEGAL REVIEW
None Required.
ALTERNATIVES
1. The City Council may choose not to purchase these new computers and keep using our current
computers.
2. Provide staff with alternate direction.
ATTACHMENTS
1. Proposal and Detailed Quotes
2. DELL NCPA Agreement 01-42 contract number C000000978662
Wednesday, November 9, 2022
Prepared by
Pete Weil
Regional Sales Director
The [RE]DESIGN Group
pweil@redesign-group.com
Prepared for
Mark Hsu
It Department
City of Baldwin Park
mhsu@baldwinpark.com
Project
City of Baldwin Park Client
Quote # 2078, Version 1
Proposal
City of Baldwin Park | Client
Quote # 2078, Version 1
Delivered: November 9, 2022
Valid through: December 8, 2022
Prepared forPrepared by
Pete Weil
The [RE]DESIGN Group
2629 Manhattan Ave, Suite 307
Hermosa Beach, CA 90254
pweil@redesign-group.com
Mark Hsu
It Department
City of Baldwin Park
mhsu@baldwinpark.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
BUILD (164) Dell C2422HE Monitors
NCPA 01-42 Contract No: C000000978662
$53,590.28 1 $53,590.28
210-AYPJ 164
814-5380 164
814-5381 164
BUILD (164) Optiplex 7090 Ultra's with 3 Years ProSupport NBD $128,413.64 1 $128,413.64
817-BBBN NO RAID 164
210-AXWV OptiPlex 7090 Ultra XCTO 164
338-BXTH 11th Generation Intel Core i7-1185G7 (4-Core, 12MB Cache, up to
4.8GHz, 28W, vPro capable)
164
619-AQLP Windows 11 Pro, English, French, Spanish 164
658-BCSB No Microsoft Office License Included 164
370-AFWE 8GB (1x8GB) DDR4 Non-ECC Memory 164
400-BGMM M.2 256GB PCIe NVMe Class 35 Solid State Drive 164
Quote #002078 v1 www.redesign-group.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
401-AANH No Additional Hard Drive 164
450-AKIG 90 Watt A/C Adapter 164
470-AACI US Power Cord 164
555-BFQO Qualcomm QCA61x4a 802.11ac dual band 2x2 + Bluetooth 5 164
575-BBZU Wireless Bracket for M.2 164
555-BGHU Wireless Driver, Qualcomm 2x2ac QCA61x4a 164
452-BDRJ OptiPlex Ultra Height Adjustable Stand (Pro2) for 19"-27" displays 164
470-ACPC DisplayPort to DisplayPort cable, 0.6m 164
470-AENT USB-C to USB-C cable, 0.6m 164
470-AENU USB-A to USB-B 3.0 cable, 0.6m 164
580-AJJG Dell Pro Wireless Keyboard and Mouse - KM5221W - English - Black 164
570-AADI Mouse included with Keyboard 164
817-BBBC Not selected in this configuration 164
525-BBCL SupportAssist 164
640-BBLW Dell(TM) Digital Delivery Cirrus Client 164
658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS,
Drivers, Firmware and Apps)
164
658-BBRB Waves Maxx Audio 164
658-BEOK Dell SupportAssist OS Recovery Tool 164
658-BEQP Dell Optimizer 164
658-BFDQ Windows PKID Label 164
620-AALW OS-Windows Media Not Included 164
Quote #002078 v1 www.redesign-group.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
387-BBLW ENERGY STAR Qualified 164
340-AGIK SERI Guide (ENG/FR/Multi)164
379-BEGO Dell Watchdog Timer 164
340-CUCN OptiPlex 7090 Ultra Quick Start Guide 164
332-1286 US Order 164
389-BCGW No UPC Label 164
329-BBJL Trusted Platform Module (Discrete TPM Enabled)164
328-BDWT Direct Ship from FSJ 164
340-CUPX Shipping Material for Ultra and Pro2 and 164
389-BBUU Shipping Label 164
389-DYES Regulatory label, for FSJ Orders with 90W adapter 164
575-BBZV Bracket for NO 2.5 inch Hard Drive Disk 164
389-DXUV 11th Gen Intel Core i7 label non-vPro 164
800-BBIO Desktop BTO Standard shipment 164
650-AAAM No Anti-Virus Software 164
817-BBBB Custom Configuration 164
340-CKSZ No AutoPilot 164
631-ACTU No Out-of-Band Systems Management 164
379-BDZB EPEAT 2018 Registered (Gold)164
429-ABGY No External ODD 164
812-3886 Dell Limited Hardware Warranty Plus Service 164
Quote #002078 v1 www.redesign-group.com
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors
Description Price Qty Ext. Price
812-3894 ProSupport: 7x24 Technical Support, 3 Years 164
812-3908 ProSupport: Next Business Day Onsite 3 Years 164
989-3449 Thank you choosing Dell ProSupport. For tech support, visit
//support.dell.com/ProSupport
164
822-3177 Partner Success Program Management 164
Subtotal:$182,003.92
Quote #002078 v1 www.redesign-group.com
Delivered: November 9, 2022
Valid through: December 8, 2022
City of Baldwin Park | Client
Quote # 2078, Version 1
Quote Summary
Description Amount
(164) Optiplex 7090 Ultra & (164) C2422HE Monitors $182,003.92
Subtotal:$182,003.92
Estimated Tax:$17,290.35
Total:$199,294.27
Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. After orders
are placed, a final invoice will be provided that shall include all applicable taxes, shipping charges, and payment terms not
included herein. Any invoice amounts not timely paid will be subject to a daily interest charge, at the prorated amount of 1.5% per
month, or at the highest interest rate allowable under California law. By signing below, the above-named Company, acting under
due and proper authority, hereby agrees that this Quote constitutes a binding Agreement with The [RE]DESIGN Group.
The [RE]DESIGN Group City of Baldwin Park
Signature:
Name:
Title:
Date:
Signature:
Name:
Date:
Quote #002078 v1 www.redesign-group.com
1 | Page
Form Revision: October 30, 2014
Reseller Authorization Agreement for
National Cooperative Purchasing Alliance Contract 01-42
(Prime Contractor: Dell Marketing L.P.)
Between
______________________(“Reseller”) and National Cooperative Purchasing Alliance (“NCPA”)
2629 Manhattan Ave #307
Hermosa Beach, CA 90254
PO Box 701273
Houston, TX 77270
1.Introduction
This Reseller Authorization Agreement (“Agreement”) is made by and between the National
Cooperative Purchasing Alliance (“NCPA”) and the reseller identified above (“Reseller”). Upon
the execution of this Agreement by both parties (the “Effective Date”), NCPA and Reseller (each
a “Party,” and collectively, the “Parties”) establish binding terms under which Reseller may sell
certain products and services for NCPA customers under the terms and conditions of NCPA
Contract Number 01-42 (“the Contract”) which has been executed between NCPA and Dell
Marketing, L.P. (“Dell”).
2.Term
This Agreement shall be coterminous to the NCPA contract unless either Party terminates the
Agreement earlier for any reason as outlined in Section 3. Should the NCPA contract be
suspended or terminated during the term of this Agreement, authorization to resell under the
contract will also be terminated on the same date as the termination of the NCPA contract.
3.Termination
3.1 Thirty Day No Cause Termination. Either Party may terminate this Agreement in such Party’s
sole discretion, with or without cause, upon at least thirty (30) days prior written notice to the
other Party.
3.2 Termination for Cause. NCPA may at its option, and upon written notice to Reseller,
immediately terminate this Agreement if: (i) a material violation or breach of this Agreement or
the Contract by Reseller is not remedied within ten (10) days after Reseller’s receipt of written
notice of the violation or breach; (ii) Reseller admits in writing its inability to pay its debts
generally as they become due, files a petition for bankruptcy or executes an assignment for the
benefit of creditors or similar document; (iii) a receiver, trustee in bankruptcy or similar officer is
appointed for Reseller’s property; or (iv) a majority interest of the equity or assets of Reseller is
transferred to an unrelated third party or this Agreement is assigned by Reseller without NCPA’s
prior written consent.
3.3 Termination of Reseller by Dell. NCPA’s authorization to allow Reseller to sell under the
Contract is contingent on Dell’s continued authorization of Reseller to act as an authorized
reseller for Dell under the Contract. Should NCPA become aware that Dell has decided to
[re]DESIGN
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405
2 | P age
Form Revision: October 30, 2014
terminate its authorization for Reseller to sell under the Contract, this Agreement shall terminate
on the day NCPA receives such notice from Dell. NCPA agrees to inform Reseller in writing
upon NCPA’s becoming aware of Dell having taken such an action.
3.4 Effect of Termination. Upon any termination of this Agreement, the provisions of this
Agreement shall continue to apply to all orders accepted by Reseller prior to the effective date of
such termination. Termination shall not exclude other remedies for failure of Reseller to perform
its obligations. Upon termination of this Agreement, the rights and obligations of the Parties that
are executory shall survive any termination or expiration of this Agreement.
4.Terms and Conditions
All sales by Reseller under this Agreement shall be in accordance with the terms and conditions
of the Contract as presented in the following link: http://ncpa.us/Vendors/Dell.
5.Pricing
Reseller agrees to charge eligible end user customers no more than the ceiling rates set forth in
the Contract. Reseller can, however, offer lower pricing than the ceiling rates to eligible
customers of the Contract. Reseller agrees to repay the NCPA or the end user customer any
overcharges paid to Reseller by end user customers using the Contract as a purchase vehicle.
6.Reporting, Audit, and Fee Payment
6.1 Audit. Reseller shall maintain an accounting of all purchases made by end user customers under
the contract. Audit provisions in the Contract shall apply to Reseller.
6.2 Reporting. Reseller shall electronically provide NCPA with a detailed quarterly report showing
the dollar volume of all sales by Reseller under the contract for the previous quarter. Reports shall
be sent via email to NCPA offices at reporting@ncpa.us with a copy to Xavier_Lasso@Dell.com
& Jenne_T@Dell.com or other point of contact as designed by NCPA. Reports and payments are
due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the
Reseller to collect and compile all sales by the Reseller under the contract to participating
members and submit one (1) report. The report shall include at least the following information as
listed in the reporting example below:
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405
3 | P age
Form Revision: October 30, 2014
6.3 Fees. Reseller shall pay to NCPA a quarterly administrative fee based upon the total purchase
price paid to Reseller by end user customers for purchases of products and services from Reseller,
net of any shipping costs, taxes, returns, credits, or adjustments pursuant to the Master Agreement
based upon tiered fee schedule below.
ANNUAL SALES THROUGH CONTRACT ADMINISTRATIVE FEE
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
7.Posting of Reseller Contract Information
Reseller agrees to provide information as requested by NCPA to allow the notification potential
purchasers using the Contract that Reseller has been authorized as a Dell reseller, including but
not limited to, point of contacts for sales, website links, email addresses, etc. Reseller agrees to
keep such information updated and current throughout the contract’s term.
8. Notice
Any notice given under this Agreement must be in writing and will be effective when delivered to
the other Party at the address set forth below for that Party. Notice addresses may only be
changed in writing by the Parties by following the notice provisions of this Section. The Parties
hereby appoint liaisons for notice and communication purposes under this Agreement as
identified below:
l
NCPA: Matthew Mackel
Director, Business Development
P.O. Box 701273
Houston, Texas 77270
Reseller: ______________
CEO
2629 Manhattan Ave #307
Hermosa Beach, CA 90254
Phil Sanginario
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405
4 | P age
Form Revision: October 30, 2014
This Agreement has been executed on behalf of the Parties by their duly authorized representatives, to be
effective as of the Effective Date.
AGREED:
Reseller National Cooperative Purchasing Alliance
By By
Name Name
Title Title
Date Date
DocuSign Envelope ID: 86590F41-FB63-47F2-8590-AF287EE6C405
6/20/2022
President
Phil Sanginario
ITEM NO. ________9_________
STAFF REPORT
TO: Honorable Mayor and City Councilmembers
FROM: Ron Garcia, Director of Community Development
PREPARED BY: Long T. Tang, PE, Building Official
DATE: November 16, 2022
SUBJECT: Public Hearing and Adoption/Second Reading of Ordinance No.
1471 Adopting the 2022 California Building Code, 2022
California Residential Code with Appendices I and K, 2022
California Existing Building Code, 2022 California Mechanical
Code, 2022 California Plumbing Code, 2022 California Electrical
Code, 2022 California Green Building Standards Code, 2022
California Energy Code, 2022 California Historical Code, 2022
California Reference Standards Code, 2022 California Fire
Code, and 2023 Los Angeles County Fire Code
SUMMARY
The Community Development Department requests the City Council conduct a public hearing and
adopt/second reading of Ordinance No. 1471 amending Chapter 150 of Title XV of the Baldwin Park
Municipal Code adopting the 2022 Edition of the California Building Code, California Residential Code
with Appendices I And K, California Existing Building Code California Mechanical Code, California
Plumbing Code, California Electrical Code, California Green Building Standards Code, California
Energy Code, California Historical Code, California Reference Standards Code, California Fire Code,
and Los Angeles County Fire Code; hereby collectively referred to as the 2022 California Codes.
The changes to the municipal code mainly occur between sections 150.140 and 150.220. The revisions
entail updating the titles of the referenced codes and relabeling the referenced code sections to coincide
with the California Code sections.
Section 150.084(A)(1) was amended to coincide with Health and Safety Code Section 18938.6
extending the expiration date for building permits from 180 days to 12 months from the date of issuance.
Section 150.225 was added to Chapter 150 to adopt the 2022 California Fire Code (CFC) and 2023
Los Angeles County Fire Code (LACFC). Since Baldwin Park is part of the Los Angeles County Fire
district, adopting the CFC and LACFC will allow the Fire Department to enforce all provisions of the
Code to ensure fire safety in the City.
Section 150.154 LOCAL AMENDMENTS was added to amend the California Electrical Code to require
electrical connections between the main building service panel(s) and accessory or auxiliary buildings,
structures, or equipment to be placed underground.
2
RECOMMENDATION
It is recommended the City Council:
1. Conduct a Public Hearing
2. Close Public Hearing & Find that the adoption of this Ordinance is exempt from the requirements
of the California Environmental Quality Act (CEQA) because it has no potential for resulting in a
physical change to the environment, pursuant to Section 15308 of the CEQA Guidelines-Actions
by Regulatory Agencies for Protection of the Environment.
3. Adopt (Second Reading) Ordinance No. 1471 entitled:
" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
Amending CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO
TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24
OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2022
CALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE WITH APPENDICES I
AND K, 2022 CALIFORNIA EXISTING BUILDING CODE , 2022 CALIFORNIA MECHANICAL
CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA ENERGY CODE, 2022
CALIFORNIA HISTORICAL CODE, 2022 CALIFORNIA REFERENCE STANDARDS CODE, 2022
CALIFORNIA FIRE CODE AND 2023 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL
APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION
18938.”
FISCAL IMPACT
There will be no impact to the General Fund as a result of the adoption of this Ordinance.
CEQA
The adoption of this ordinance is not a project under the requirements of the California Environmental
Quality Act, because it has no potential for resulting in a physical change to the environment. This
Ordinance is exempt pursuant to Section 15308 of the CEQA Guidelines-Actions by Regulatory
Agencies for Protection of the Environment, because it is a regulatory action taken by local ordinance
to assure the maintenance, restoration, enhancement, or protection of the environment.
BACKGROUND
In order to ensure that building construction standards remain up-to-date and relevant, the State of
California amends and adopts the model codes from the International Code Council (ICC) every three
years. The 2022 California Codes represent modifications, additions, and deletions to the model code
to reflect existing State laws and statutes. The 2022 California Codes, as adopted by the State of
California, has the effective date of January 1, 2023.
Current State laws provide that the City of Baldwin Park must adopt the aforementioned codes by
reference except that the City may amend the California Codes. Such amendments must be justified
as being reasonable and necessary due to local climatic, geologic, and topographic conditions, or for
administrative reasons. If the City does not adopt the State codes by January 1, 2023, the 2022
California Codes become effective without any local amendments. The California Codes state that in
the event of any differences between State codes and other referenced documents, the text of the
California Codes will govern.
3
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ALTERNATIVES
The City may decide not to adopt the 2022 California Codes; in which case, State law will mandate
their use without local amendments after January 1, 2023. In addition, the City’s fire-rated roofing, pool
fencing, local grading requirements, and several other provisions of the Baldwin Park Municipal Code
may not be enforced.
ATTACHMENTS
1. Ordinance No. 1471
ORDINANCE NO. 1471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND
ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE
BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE
24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY
ADOPTING THE 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA
RESIDENTIAL CODE WITH APPENDICES I AND K, 2022 CALIFORNIA
EXISTING BUILDING CODE , 2022 CALIFORNIA MECHANICAL CODE,
2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ELECTRICAL
CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022
CALIFORNIA ENERGY CODE, 2022 CALIFORNIA HISTORICAL CODE,
2022 CALIFORNIA REFERENCE STANDARDS CODE, 2022 CALIFORNIA
FIRE CODE AND 2023 LOS ANGELES COUNTY FIRE CODE, INCLUDING
ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND
SAFETY CODE SECTION 18938.
WHEREAS, the City Council has determined enforcement of the most current editions of
the California Building Standards Code with local amendments thereof, as recited herein as certain
minimum standards are necessary for the protection of the public health, safety and welfare of
citizens of Baldwin Park; and,
WHEREAS, the adoption of the State Building Codes in their most current editions is
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the
State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may
make such modifications in the requirements of the regulations, adopted pursuant to Health and
Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic,
geological or topographic conditions.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of
Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A
hereto, which is incorporated herein by this reference.
SECTION 2. The City Council hereby finds and determines that all the amendments,
deletions, and additions to the forgoing California Building Standards Code and other codes are
necessary due to the following:
Climatic - The City of Baldwin Park experiences periods of high temperatures
accompanied by low humidity and high winds each year. The City also experiences periods of
intense rainfall, which creates the need for special drainage precautions.
Local Geological Conditions – The City of Baldwin Park is located in the greater Los
Angeles/Long Beach region which is a densely populated area having buildings constructed over
Ordinance No. 1471
Page 2 of 3
and near a vast array of fault systems capable of producing major earthquakes. These amendments
are required to safeguards human lives and ensure the structural integrity buildings and structures
in event of a major seismic event.
Local Geological, Climatic, Topographic Conditions – The City of Baldwin Park is also
located adjacent to mountainous areas subject to high winds and fires. These amendments are
required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural
or manmade, and the reduce hazards resulting from landslides and excessive erosion.
SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and
additions are necessary to best serve the public health and welfare. The City Council further
determines that the administrative provisions set forth in the State Building Codes are not
mandated by law, and that appropriate administrative provisions should be tailored to the needs of
the City.
SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01
a.m. on the thirty-first (31st) day after its passage.
SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in
accordance with state law and shall certify to the adoption of this ordinance and shall place this
ordinance in the original book of ordinances on file in the City Clerk’s Office.
PASSED AND APPROVED on the ____________.
______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
__________________________
MARLEN GARCIA,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify that
the foregoing Ordinance No. 1471 was introduced at a regular meeting of the City Council
held on November 16, 2022, and was adopted by the City Council at its regular meeting held
on _________, by the following vote of the Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
Ordinance No. 1471
Page 3 of 3
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
MARLEN GARCIA
CITY CLERK
Exhibit A to Ordinance No. 14411471*****
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EXHIBIT A
GENERAL PROVISIONS
Part 1. ADMINISTRATIVE PROVISIONS
§ 150.001 TITLE.
This chapter shall be known as the Baldwin Park Building Code, may be cited as such
and hereinafter referred to herein as “this code.”
§ 150.002 PURPOSE.
The purpose of this code is to establish minimum standards to safeguard the public
health, safety and general welfare by regulating and controlling the design, construction, quality
of materials, use and occupancy and location of all buildings and structures within the city and
certain equipment specifically regulated herein.
§ 150.003 SCOPE.
The provisions of this code shall serve as the administrative, organizational and
enforcement rules and regulations for the technical codes which regulate site preparation and
construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures
and building service equipment within the city.
§ 150.004 AUTHORITY.
This code is adopted pursuant to the authority granted by Section Section 7 of Article XI
of the California State Constitution to a county or city to make and enforce within its limits all
such local, police, sanitary and other ordinances and regulations as are not in conflict with
general laws. It is further adopted in conformity with the provisions of §§ 50022.1 thru 50022.10,
inclusive, of the Cal. Gov’t Code relating to adoption of codes by reference.
§ 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED.
(A) The provision of this code shall apply to the construction, alteration, moving,
demolition, repair, maintenance and use of buildings and structures located within the
incorporated areas of the City of Baldwin Park.
(B) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in
the city, or cause or permit or suffer the same to be done, in violation of this chapter or in
violation of any of the provisions of the codes adopted hereunder.
(C) Exception. Public projects located in the public way and not subject to the city land
use regulations; public utility towers and poles; mechanical equipment not specifically regulated
Style Definition: Heading 2
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by this code; floor control structures; buildings and structures owned and constructed by a
Federal, state or other agency which authority pre-empts that of city government.
§ 150.006 ADMINISTRATION.
The provisions of this chapter contain cross-references to the provisions of the 2016
CBC-Amended Administrative, promulgated by the International Code Council in order to
facilitate reference and comparison to those provisions.
§ 150.007 CREATION OF DIVISION OF BUILDING AND SAFETY.
There is hereby contained with the city government structure the Division of Building and
Safety which shall be under the administrative jurisdiction of the Building Official as designated
by the appointing authority.
§ 150.008 DEPUTIES.
In accordance with prescribed procedures and with the approval of the appointing
authority, the Building Official may appoint deputies and other related technical officers and
inspectors and other employees as may be authorized by the City Council from time to time.
§ 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL.
(A) General. The Building Official is hereby authorized and directed to enforce all of the
provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of
Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire
Protection District. For such purposes, the Building Official and the Fire Marshal, respectively,
and their respective authorized representatives, shall each have the powers of a law
enforcement officer. The Building Official shall have the power to render interpretations of this
code and to adopt and enforce rules supplemental to this code as may be deemed necessary in
order to clarify the applications and the provisions of this code. Such interpretations, rules and
regulations shall be in conformity with the intent and purpose of this code.
(B) Interpretations and policies. The Building Official shall have the power and authority to
render interpretations of this chapter and the Technical Codes and to adopt and enforce rules,
policies, procedures and supplemental regulations in order to clarify the application of its
provisions. Such interpretations, policies, procedures, rules and regulations shall be in
conformance with the intent and purpose of this chapter.
(C) Right-of-entry.
(1) The Building Official may enter the building or premises at all reasonable times to
inspect or to perform the duties imposed by this chapter:
(a) When necessary to make an inspection to enforce any of the provisions of
this chapter and the technical codes; or
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(b) When the Building Official has reasonable cause to believe that there exists
in any building or upon a premises a condition which is contrary to or in violation
of this chapter which makes the building or premises unsafe, dangerous or
hazardous.
(2) The Building Official shall adhere to the following procedures in making an entry:
(a) If such building or premises be occupied, the Building Official shall present
credentials to the occupant and request entry.
(b) If such building or premises be unoccupied, the Building Official shall first
make a reasonable effort to locate the owner or other persons having charge or
control of the building or premises and request entry.
(c) Should entry be refused, the Building Official shall have recourse to the
remedies provided by law to secure entry. Notwithstanding the foregoing, if the
Building Official has reasonable cause to believe that there exists an unsafe,
substandard or dangerous condition within the building or premises as to require
immediate inspection to safeguard the public health or safety, the Building
Official shall have the right to immediately enter and inspect such property and
may use any reasonable means required to secure such entry and make such
inspection.
(D) Stop work orders. When work is being done contrary to the provisions of this chapter, the
technical codes, or other pertinent laws or ordinances implemented through the enforcement of
this chapter, the Building Official may order the work stopped by notice in writ ing served on
persons engaged in the doing or causing such work to be done, and such persons shall
forthwith stop the work until authorized by the Building Official to proceed with the work.
(E) Occupancy violations. When a building or structure or building service equipment therein
regulated by this chapter and the technical codes is being used contrary to the provisions of
such codes, the Building Official may order such use discontinued by written notice served on
any person causing such use to be continued. Such person shall discontinue the use within the
time prescribed by the Building Official after receipt of such notice to make the structure, or
portion thereof, comply with the requirements of such codes.
(F) Authority to disconnect utilities. The Building Official or the Building Official's authorized
representative shall have the authority to disconnect a utility service or energy supplied to the
building, structure or building service equipment therein regulated by this chapter or the
technical codes in case of emergency where necessary to eliminate an immediate hazard to life
or property. The Building Official shall whenever possible notify the serving utility, the owner and
occupant of the building, structure or building service equipment of the decision to disconnect
prior to taking such action, and shall notify such serving utility, owner and occupant of the
building, structure or building service equipment, in writing, of such disconnection immediately
thereafter.
(G) Authority to condemn building service equipment.
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(1) When the Building Official ascertains that building service equipment regulated in
the technical codes has become hazardous to life, health or property, or has become
unsanitary, the Building Official shall order, in writing, that such equipment either be
removed or restored to a safe or sanitary condition, as appropriate.
(2) The written notice itself shall fix a time limit for compliance with such order.
Defective building service equipment shall not be maintained after receiving such notice.
(3) When such equipment or installation is to be disconnected, a written notice of such
disconnection and causes therefore shall be given within 24 hours to the serving utility,
the owner and occupant of such building, structure or premises.
(4) When any building service equipment is maintained in violation of the technical
codes and in violation of a notice issued pursuant to the provisions of this chapter, the
Building Official shall institute appropriate action to prevent, restrain, correct or abate the
violation.
(H) Connection after order to disconnect. No person shall make or suffer the connection from
an energy, fuel or power supply nor supply energy or fuel to building service equipment which
has been disconnected or ordered to be disconnected by the Building Official or the use of
which has been ordered to be discontinued by the Building Official until the Building Official
authorizes the reconnection and use of such equipment.
(I) Custodian of records. The Building Official shall be the custodian of records for the Division
of Building and Safety and as such, is charged with the responsibility to keep and maintain a
permanent record of all building permits issued by the division as well as plans and other
pertinent documents and transactions. Such records and documents may be maintained in
electronic image, electronic file, paper, or other approved archival method.
(J) Liability. It is the intent of this code to establish minimum standards for the protection of the
health, safety and welfare of the public. This code shall not be construed to establish standards
of performance, strength or durability other than those specified. This code, nor any of the
services rendered in connection with its terms by city officers, inspectors, agents or employees
is intended, nor shall be construed as the basis, for any expressed or implied warranties or
guarantees to any person relative to, or concerning any structure or part, portion of
appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved,
replaced or removed pursuant to this code or any permits granted hereunder. No cause of
action shall arise in favor of any person against the city, or any of its officers, inspectors, agents,
or employees because any structure or portion thereof, erected, altered, enlarged, repaired,
moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical
equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not
meet the standards prescribed herein. The Building Official, deputies, inspectors, technical
officers and employees, charged with the enforcement of this code and the technical codes,
acting in good faith and without malice in the discharge of their duties shall thereby, not be
rendered personally liable for damage that may accrue to persons or property as a result of an
act or omission in the discharge of the assigned duties. A suit brought against the Building
Official, deputy, technical officer, inspector or employee because of such an act or omission
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performed by the Building Official, deputy, technical officer, inspector or employee in the
enforcement of the provisions of such codes or other pertinent laws or ordinances implemented
through the enforcement of this code or enforced by the code enforcement agency shall be
defended by this jurisdiction until final termination of such proceedings, and any judgment
resulting therefrom, shall be assumed by the jurisdiction.
(K) Conflicting provisions.
(1) When conflicting provisions or requirements occur between this chapter, the
technical codes and other codes or laws, the most restrictive shall govern.
(2) When conflicts occur between the technical codes, those provisions providing the
greater safety to life shall govern. Where sanitation, life safety, or fire safety are not
involved, the most restrictive provisions shall govern.
(3) Where in a specific case different sectionSections of the technical codes specify
different materials, methods of construction or other requirements, the most restrictive
shall govern. When there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
(L) Alternate materials - design and methods of construction.
(1) The provisions of the technical codes are not intended to prevent the use of any
material, method of design or method of construction not specifically prescribed by the
technical codes, provided an alternate has been approved and its use authorized by the
Building Official.
(2) The Building Official may approve an alternate, provided the Building Official finds
that the proposed design is satisfactory and complies with the provisions of the technical
codes and that the material, method or work offered is, for the purpose intended, at least
the equivalent of that prescribed in the technical codes in suitability, strength,
effectiveness, fire resistance, durability, safety and sanitation.
(3) The Building Official shall require that sufficient evidence or proof be submitted to
substantiate claims that may be made regarding its use.
(4) The details of an action granting approval of an alternate shall be recorded and
entered in the records.
(5) The Building Official may require the applicant to arrange for the proposed alternate
materials, methods of design and methods of construction be reviewed and evaluated by
an outside agency designated by the Building Official at the applicant's expense.
(M) Modifications.
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(1) Whenever there are practical difficulties involved in carrying out the provisions of
the technical codes, the Building Official may grant modifications for individual cases.
(2) The Building Official shall first find that:
(a) A special individual reason makes the strict letter of the technical code
impractical;
(b) The modification is in conformity with the intent and purpose of the technical
code, and
(c) Such modification does not lessen health, life safety and fire safety
requirements or any degree of structural integrity.
(3) The details of actions granting modifications shall be recorded and entered in the
records.
(4) The Building Official may require the applicant to arrange for the proposed
modification to be reviewed by an outside agency designated by the Building Official at
the applicant's expense.
(N) Tests and research reports.
(1) Whenever there is insufficient evidence for determining compliance with the
provisions of the technical codes or evidence that materials or construction do not
conform to the requirements of the technical codes, the Building Official may require
tests as evidence of compliance to be made at the applicant's expense.
(2) Test methods shall be as specified by the technical codes or by other recognized
test standards. In the absence of recognized and accepted test methods, the Building
Official shall determine test procedures.
(3) Tests shall be made by an approved agency.
(4) Reports of such tests shall be entered in the records.
(5) The Building Official may require the applicant to arrange for the test procedures,
methodology, results, reports, etc. to be reviewed and evaluated by an outside agency
designated by the Building Official at the applicant's expense.
§ 150.010 APPLICABILITY.
The provisions of this code shall not be construed to conflict with the provisions of the state
housing law, nor any other provisions of state or Federal laws. Any requirements of this code or
the codes adopted hereby, which are more restrictive shall apply.
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§ 150.011 BOARD OF APPEALS.
(A) Board established. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and interpretation of this
code, there shall be and is hereby created a Board of Appeals consisting of members who are
qualified by experience and training and who are not employees of the jurisdiction, to pass upon
matters pertaining to the application or installation of building, electrical, plumbing and
mechanical systems, components and equipment. The Building Official or his designee shall be
an ex officio member and shall act as Secretary to said Board but shall have no vote upon any
matter before the Board. The Board of Appeals shall be appointed by the City Council and shall
hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business
and shall render all decisions and findings in writing to the appellant with a duplicate copy to the
Building Official. The Board of Appeals shall have no authority relative to interpretations of the
administrative provisions of this code. The Board shall have no authority to waive requirements
of this code.
(B) Appeal.
(1) An applicant for or holder of a permit whose proposed solution for meeting the
requirements of Title 24 of the California Code of Regulations is not approved or
authorized by the Building Official may file an appeal with the Board of Appeals.
(2) An application for appeal shall be based on a claim that the true intent of this code
or the rules legally adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply, or and equally good or better form of construction is
proposed.
§ 150.012 PARTIAL INVALIDITY.
If any sectionSection, subsectionSection, sentence, clause or phrase of this code or the
application thereof to any person or circumstance is for any reason held to be unconstitutional
or invalid, such decision shall not effect the validity of the remaining portions of this code or the
application of such provision to other persons or circumstances.
(Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17)
Part 2. DEFINITIONS
§ 150.020 DEFINITIONS.
The definitions set forth in this section Section shall govern the application and interpretation of
this chapter.
ALTER or ALTERATION. ALTER or ALTERATION means a change or modification in
construction or building service equipment.
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ADMINISTRATIVE AUTHORITY. The Building Official or a regularly authorized deputy.
APPROVED. Approved, as to materials, types of construction, equipment and systems, refers
to approval by the Building Official as the result of investigation and tests conducted by the
Building Official, or by reason of accepted principles or tests by recognized authorities, technical
or scientific organizations.
APPROVED AGENCY. An established and recognized agency regularly engaged in conducting
tests or furnishing inspection services, when the agency has been approved by the Building
Official.
BUILDING CODE. The Baldwin Park Building Code.
BUILDING SERVICE EQUIPMENT. Refers to the plumbing, mechanical, electrical and elevator
equipment including piping, wiring, fixtures and other accessories which provide sanitation,
lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities
essential to the occupancy of the building or structure for its designated use.
CBC. The California Building Code as adopted by the State of California.
CODE or THIS CODE. Chapter 150 of the Baldwin Park Municipal Code, unless otherwise
noted.
CONDOMINIUMS. Any building or portion thereof that contains three or more dwelling units that
does not meet the definition of townhouse as set forth below; for purposes of this code,
condominiums shall be classified as R-2 occupancy.
ELECTRICAL CODE. The Baldwin Park Electrical Code.
EXISTING BUILDING. A building legally erected prior to effective date of this chapter.
FIRE CODE. The Los Angeles County Fire Code (LACFC) which adopts the California Fire
Code, including the Appendix thereto, together with those omissions, amendments, exceptio ns
and additions there to as amended in the California Code of regulations, and Title 24 of the
California Code of Regulations.International Fire Code (IFC), 2012 edition, promulgated by the
International Code Council, including the Appendix thereto, together with those omissions,
amendments, exceptions and additions there to as amended in the California Code of
Regulations, and Title 24 of the California Code of Regulations.
JURISDICTION. The City of Baldwin Park.
LISTED and LISTING. LISTED and LISTING are terms referring to equipment and materials
which are shown in a list published by an approved testing agency, qualified and equipped for
experimental testing and maintaining an adequate periodic inspection of current productions
and which listing states that the material or equipment complies with accepted national
standards which are approved, or standards which have been evaluated for conformity with
approved standards.
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MECHANICAL CODE. Baldwin Park Mechanical Code.
OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used.
PERMIT. An official document or certificate issued by the Building Official authorizing
performance of a specified building, plumbing, mechanical, or electrical activity or any
combination of such permits issued jointly by the Building Official.
PLUMBING CODE. The Baldwin Park Plumbing Code.
REPAIR. The reconstruction or renewal of any part of an existing building, structure or building
service equipment for the purpose of its maintenance.
SHALL. As used in this code is mandatory.
STRUCTURE. That which is build or constructed, an edifice or building of any kind, or any piece
of work artificially built up or composed of parts joined together in some definite manner.
TECHNICAL CODES. Refer to those codes adopted by this chapter containing the provisions
for design, construction, alteration, addition, repair, removal, demolition, use, location,
occupancy and maintenance of buildings and structures and building service equipment.
TOWNHOUSE. A single family dwelling in a row of at least three such units, not more that three
stories above grade, in which each unit shall be located on a separate parcel, having its own
access to the outside, no unit located over another unit, and each unit shall be separated by a
property line from any other unit. For the purpose of this chapter, all town houses shall be
classified as R-3 occupancy.
Part 3. ORGANIZATION AND ENFORCEMENT
§ 150.030 ABATEMENT ORDERS.
When any structure or site is being used or constructed in violation of this code, or any of the
codes adopted by reference herein, the Building Official may order such use or construction
discontinued and the structure or portions thereof vacated by a written notice served on any
person or persons causing such use. Such person or persons shall discontinue such use within
the specified time as indicated on the notice. After receipt of such notice, such person or
persons shall abate the violations or cause the building or structure to be demolished o r
removed.
§ 150.031 ABATEMENT PROCEDURES.
(A) The Building Official shall inspect or cause to be inspected a building, structure where
reasonable suspicion exists that said building or structure may be substandard, unsafe or used
in violation of this code, state health and safety code, state housing regulations, or any of the
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codes adopted by reference herein. If after inspecting the building or structure, the Building
Official determines that said building or structure is unsafe, substandard or being used in
violation of this code, state health and safety code, state housing law, or any of the codes
adopted by reference herein, the Building Official shall give a written notice and order to the
owner, tenant or user of the building or property pursuant to the provisions of the state health
and safety code, state housing law and this code. If the Building Official finds that certain
electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to
life and property, the Building Official may order such systems disconnected, removed or abated
immediately.
(B) If a notice and order must be served upon the owner, tenant or user of the building or
structure, the Building Official shall assess the owner, tenant or user of the building or structure
all applicable fees required to cover expenses incurred by the city in the processing of the notice
and order to abate. Such processing fees shall be calculated at the rate indicated in the
schedule of service charges adopted by the City Council.
(C) Buildings damaged by fire or by natural disasters where the extent of damage to the
building exceeds 75% of the valuation of the building prior to the disaster, or when determined
by the Building Official that a structure is unsafe for occupancy due to damage the building shall
be considered a total loss and be demolished pursuant to this sectionSection, and if necessary
the safety of the damaged structure will be determined by an engineering study paid by the
owner of the property.
§ 150.032 COST OF ABATEMENT OR COMPLIANCE.
(A) Any person, whether as principal, agent, employee or otherwise, who maintains any
premises in violation of the provisions of this code, any of the codes adopted by reference
herein, or the state housing law shall be liable for, and obligated to pay to the city all costs
incurred by the city in obtaining abatement or compliance which is attributable to, or associated
with, the enforcement or abatement action, whether such action is administrative, injunctive or
legal and for all damages suffered by the city its officers, agents, and employees as a result of
such violation or efforts to abate the violation.
(B) If the owner of the property involved in such abatement or compliance action fails to pay for
the costs of such abatement or compliance action upon demand by the city, the City Council by
resolution may order the cost of the abatement to be specially assessed to the property or
parcel. Such assessment shall be collected at the same time and in the same manner as
ordinary county taxes are collected and shall be subject to the same penalties and the same
procedure be applied at the time of sale or in case of delinquency as are provided for ordinary
county taxes.
§ 150.033 NOTICE OF NON-COMPLIANCE.
Whenever the Building Official determines that work has been done without the required
permits, or has not been completed in accordance with the requirements of this code, the state
housing law or any code adopted herein, the Building Official may cause a notice of non-
compliance to be recorded with the County Recorder and shall notify the owner of such property
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of such action. The notice of non-compliance shall describe the property, shall set forth the non-
complying conditions and shall state that the owner of such property has been duly notified. The
Building Official shall record a notice of release of the notice of non-compliance with the County
Recorder when it has been determined by the Building Official that the non-complying
conditions have been corrected.
§ 150.034 PUBLIC NUISANCE.
Buildings or structures or portions thereof which are regulated by this code, and which are
determined by the Building Official to be unsafe or not provided with adequate egress or which
constitute a fire hazard, or which are determined substandard under the provisions of the
California Health and Safety Code, the state housing law, any other applicable law or ordinance,
or which are otherwise dangerous to human life, or which constitute a hazard to health safety or
public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or
abandonment as specified in this code or any other law or ordinance, shall be declared unsafe
buildings and shall be declared a public nuisance and shall be ordered abated by repair,
rehabilitation, removal or demolition pursuant to the provision of this code.
§ 150.035 ACTIONS, VIOLATIONS AND PENALTIES.
It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain
any building, structure or building service equipment regulated by this code, or cause the same
to be done in violation of this code or any codes hereby adopted by reference, state housing law
or other applicable state or local law. The penalty shall be as set forth in § 10.99 of the Baldwin
Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any violation of any
of the provisions of this code is committed, continued, or allowed and upon conviction of such
violation such person, firm, corporation or association shall be punishable by a fine or
imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of
a permit or the approval of plans and specifications shall not be construed to authorize any
violation of the provisions of this code or any codes hereby adopted by reference, state housing
law or other applicable state or local law. The issuance or granting of a permit or approval of
plan and specification shall not prevent the Building Official from thereafter requiring the
correction of errors in said plans and specifications or from suspending construction operations
when such plans, specification or construction are in violation of this code or any codes hereby
adopted by reference, state housing law or other applicable state or local law.
Part 4. EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT
§ 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING BUILDINGS AND
BUILDING SERVICE EQUIPMENT.
The provisions of this part govern the application of the technical codes to existing buildings and
building service equipment.
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§ 150.041 GENERAL.
The buildings, structures and their building service equipment to which additions, alterations or
repairs are made shall comply with all the requirements of the technical codes for new facilities,
except as specifically provided in this chapter.
§ 150.042 ADDITIONS, ALTERATIONS OR REPAIRS.
Additions, alterations or repairs may be made to a building or its building service equipment
without requiring the existing building or its building service equipment to comply with all the
requirements of the technical codes, provided the addition, alteration or repair conforms to that
required for a new building or building service equipment.
§ 150.043 ADDITIONS, ALTERATIONS OR REPAIRS: UNSAFE CONDITIONS.
(A) Additions or alterations shall not be made to an existing building or building service
equipment which will cause the existing building or building service equipment to be in violation
of the provisions of the technical codes nor shall such additions or alterations cause the existing
building or building service equipment to become unsafe.
(B) An unsafe condition shall be deemed to have been created if an addition or alteration may
cause the existing building or building service equipment to become structurally unsafe or
overloaded; may not provide adequate egress in compliance with the provisions of the building
code or may obstruct existing exits; may create a fire hazard; may reduce required fire
resistance; may cause building service equipment to become overloaded or exceed their rated
capacities; may create a health hazard or may otherwise create conditions dangerous to human
life.
§ 150.044 ADDITIONS, ALTERATIONS OR REPAIRS: HEIGHT, NUMBER OF STORIES
AND AREA.
(A) A building altered pursuant to a repair or alteration permit, which involves a change in use
or occupancy, shall not exceed the height, number of stories and area permitted by the building
code for new buildings.
(B) A building plus new additions shall not exceed the height, number of stories and area
specified by the building code for new buildings.
§ 150.045 ADDITIONS, ALTERATIONS OR REPAIRS: COMPLIANCE WITH CODE
REQUIREMENTS.
(A) Additions or alterations shall not be made to an existing building or structure when the
existing building or structure is not in full compliance with the provisions of the building code,
except when the addition or alteration will result in the existing building or structure being no
more hazardous, based on life safety, fire safety and sanitation, than before such additions or
alterations are undertaken.
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(B) Exception. Alterations of existing structural elements, or additions of new structural
elements which are initiated only for the purpose of increasing the lateral-force-resisting
strength or stiffness of an existing structure need not be designed for forces conforming to these
regulations provided that an engineering analysis is submitted to show that:
(1) The capacity of existing structural elements required to resist forces is not reduced;
(2) The lateral loading to required existing structural elements is not increased beyond
their capacity;
(3) New structural elements are detailed and connected to the existing structural
elements as required by these regulations;
(4) New or relocated nonstructural elements are detailed and connected to existin g or
new structural elements as required by these regulations; and
(5) An unsafe condition is not created.
§ 150.046 ADDITIONS, ALTERATIONS OR REPAIRS: USE OF SAME MATERIALS.
Alterations or repairs to an existing building or structure which are nonstructural and do not
adversely affect a structural member or a part of the building or structure having required fire
resistance may be made with the same materials of which the building or structure is
constructed, subject to approval by the Building Official. Installation or replacement of glass
shall be as required for new installations.
§ 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS.
Building service equipment lawfully in existence prior to the effective date of this chapter, may
have their use, maintenance or repair continued if the use, maintenance or repair is in
accordance with the original design and a hazard to life, health or property has not been created
by such building service equipment.
Bookmark§ 150.048 EXISTING OCCUPANCY.
(A) Buildings in existence prior to the effective date of this chapter may have their existing use
or occupancy continued if the use or occupancy was legal prior to the effective date of this
chapter, and provided continued use is not dangerous to life, health and safety.
(B) A change in the use or occupancy of any existing building or structure shall comply with the
provisions of this code.
§ 150.049 MAINTENANCE.
(A) Buildings, structures and building service equipment, existing and new, and parts thereof
shall be maintained in a safe and sanitary condition.
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(B) Devices or safeguards which are required by the technical codes shall be maintained in
conformance with the technical code under which installed.
(C) The owner or the owner's designated agent shall be responsible for the maintenance of
buildings, structures and their building service equipment.
(D) The Building Official may cause a structure to be reinspected to determine compliance with
this division.
§ 150.050 MOVED BUILDINGS.
Buildings, structures and their building service equipment moved into or within the city shall
comply with the provisions of the technical codes for new buildings or structures and their
building service equipment.
§ 150.051 TEMPORARY STRUCTURES.
(A) Temporary structures such as reviewing stands and other miscellaneous structures, sheds,
canopies or fences used for the protection of the public around and in conjunction with
construction work may be erected by a permit issued pursuant to CBC § 3103.
(B) Temporary buildings or structures shall be completely removed upon the expiration of the
time limit stated in the permit.
§ 150.052 HISTORIC BUILDINGS.
Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or
continued use of a building, structure, or its building service equipment may be made provided:
(A) The building or structure has been designated by official action of the legally constituted
authority of the city as having special historical or architectural significance.
(B) Unsafe conditions as described in this chapter are corrected.
(C) The restored building or structure and its building service equipment will be no more
hazardous based on life safety, fire safety and sanitation than the existing building.
(D) The structure meets the requirement of 2016 California Historical Building Code, Part 8 of
Title 24.
Part 5. PERMITS
§ 150.060 PERMITS REQUIRED.
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Except as specified in this part, no building, structure or building service equipment regulated by
this chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted or demolished unless a separate, appropriate permit for
each building, structure or building service equipment has first been obtained from the Building
Official.
(
§ 150.061 WORK EXEMPT FROM PERMIT.
(A) A permit shall not be required for the types of work in each of the separate classes of
permit as set forth in this part.
(B) Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in violation of the provisions of the technical codes or any
other laws or city ordinances.
§ 150.062 BUILDING PERMIT EXEMPTIONS.
(A) A building permit shall not be required for the following:
(1) One-story detached accessory buildings used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square feet
(11 m2), the building is 14 feet or less in height, and does not contain electrical,
mechanical or plumbing work.
(2) Fences not over seven (2,134 mm) high.
(3) Oil derricks.
(4) Non-fixed and movable fixtures, cases, racks, counters and partitions not over five
feet nine inches (1,753 mm) high.
(5) Retaining walls which are not over four feet (1,219 mm) in height measured from
the bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or III-A liquids.
(6) Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to
one.
(7) Platforms, sidewalks and driveways not more than 30 inches (762 mm) above
adjacent grade, and not over any basement or story below, and are not part of an
accessible route.
(8) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
(9) Temporary motion picture, television and theater stage sets and scenery.
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(10) Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
(11) Swings and other playground equipment accessory to detached one-and two-
family dwellings.
(12) Window awnings supported by an exterior wall of detached one- and two-family
dwellings, and Group U Occupancies when projecting not more than 54 inches (1,372
mm) and do not require additional support.
(13) Prefabricated swimming pools accessory to a detached one- and two-family
dwellings. Occupancy in which the pool walls are entirely above the adjacent grade and
if the capacity does not exceed 5,000 gallons (18,925 liters), and less than 24 inches
(610 mm) deep.
(14) Replacement, repair or overlay of less than 10% of an existing roof within any 12
month period.
(15) Nonfixed and movable fixtures, cases, racks, counters and partitions not over five
feet nine inches (1,753 mm) in height.
(B) Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical
permits will be required for the above exempted items.
§ 150.063 PLUMBING PERMIT EXEMPTIONS.
A plumbing permit shall not be required for the following:
(A) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any
concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary
to remove and replace the same with new material, the same shall be considered as new work
and a permit shall be procured and inspection made as provided in this chapter.
(B) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the
removal and reinstallation of water closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
§ 150.064 MECHANICAL PERMIT EXEMPTIONS.
A mechanical permit shall not be required for the following:
(A) A portable heating appliance;
(B) Portable ventilating equipment;
(C) A portable cooling unit;
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(D) A portable evaporative cooler;
(E) A closed system of steam, hot or chilled water piping within heating or cooling equipment
regulated by the mechanical code;
(F) Replacement of any component part of assembly of an appliance which does not alter its
original approval and complies with other applicable requirements of the technical codes;
(G) Refrigerating equipment which is part of the equipment for which a permit has been issued
pursuant to the requirements of the technical codes; and
(H) A unit refrigerating system as defined in the mechanical code.
§ 150.065 ELECTRICAL PERMIT EXEMPTIONS.
An electrical permit shall not be required for the following:
(A) Portable motors or other portable appliances energized by means of a cord or cable having
an attachment plug end to be connected to an approved receptacle when that cord or cable is
permitted by the electrical code.
(B) Repair or replacement of fixed motors, transformers or fixed approved appliances of the
same type and rating in the same location.
(C) Temporary decorative lighting.
(D) Repair or replacement of current-carrying parts of any switch, conductor or control device.
(E) Reinstallation of attachment plug receptacles, but not the outlets therefore.
(F) Replacement of any over current device of the required capacity in the same location,
except service equipment.
(G) Repair or replacement of electrodes or transformers of the same size and capacity for
signs or gas tube systems.
(H) Taping joints.
(I) Removal of electrical wiring.
(J) Temporary wiring for experimental purposes in suitable experimental laboratories.
(K) The wiring for temporary theater, motion picture or television stage sets.
(L) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25
volts and not capable of supplying more than 50 watts of energy, except in hazardous
(classified) locations.
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(M) Low-energy power, control and signal circuits of Class II and Class III as defined in the
electrical code.
(N) A permit shall not be required for the installation, alteration or repair of electrical wiring,
apparatus or equipment or the generation, transmission, distribution or metering of electrical
energy or in the operation of signals or the transmission of intelligence by a public or private
utility in the exercise of its function as a serving utility.
(
Part 6. APPLICATION REQUIREMENTS
§ 150.071 APPLICATION FOR PERMIT.
(A) To obtain a permit an applicant shall file a completed application, in writing, on a form
furnished by the Building Official for that purpose.
(B) Every such application shall:
(1) Identify and describe the work to be covered by the permit for which application is
made.
(2) Describe the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and definitely locate the
proposed building or work.
(3) Indicate the use or occupancy for which the proposed work is intended.
(4) Be accompanied by plans, diagrams, computations and specifications and other
data as required in CBC § 107.
(5) State the valuation of any new building or structure or any addition, remodeling or
alteration to an existing building.
(6) Be signed by the applicant, or the applicant's authorized agent.
(7) Give such other data and information as may be required by the Building Official.
(C) The work to be covered by the permit for which application is made, shall comply with the
code, standards, and laws in effect at the time such application is filed with the Building Official.
§ 150.072 SUBMITTAL DOCUMENTS.
(A) Plans, specifications, engineering calculations, diagrams, soil investigation reports, special
inspection and structural observation programs and other data shall constitute the submittal
documents and shall be submitted in one or more sets with each application for a permit.
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(B) When such plans are not prepared by an architect or engineer, the Building Official may
require the applicant submitting such plans or other data to demonstrate that state law does not
require that the plans be prepared by a licensed architect or engineer.
(C) The Building Official may require plans, computations and specifications to be prepared
and designed by an engineer or architect licensed by the state to practice as such even if not
required by state law.
(D) Exception. The Building Official may waive the submission of plans, calculations,
construction inspection requirements and other data if it is found that the nature of the work
applied for is such that reviewing of plans is not necessary to obtain compliance with this
chapter.
§ 150.073 INFORMATION ON PLANS AND SPECIFICATIONS.
(A) Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed and show in
detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules
and regulations.
(B) Plans for buildings of other than detached one- and two-family dwellings and Group U
Occupancies shall indicate how required structural and fire-resistive integrity will be maintained
when a penetration will be made for electrical, mechanical, plumbing and communication
conduits, pipes and similar systems.
§ 150.074 ARCHITECT OR ENGINEER OF RECORD.
(A) When it is required that documents be prepared by an architect or engineer, the Building
Official may require the owner to engage and designate on the building permit application an
architect or engineer who shall act as the architect or engineer of record.
(B) If the circumstances require, the owner may designate a substitute architect or engineer of
record who shall perform all of the duties required of the original architect or engineer of record.
(C) The Building Official shall be notified, in writing, by the owner if the architect or engineer of
record is changed or is unable to continue to perform the duties.
(D) The architect or engineer of record shall be responsible for reviewing and coordinating all
submittal documents prepared by others, including deferred submittal items, for compatibility
with the design of the building.
§ 150.075 DEFERRED SUBMITTALS.
(A) For the purposes of this chapter, deferred submittals are defined as those portions of the
design which are not submitted at the time of the application and which are to be submitted to
the Building Official within a specified period.
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(B) Deferral of any submittal items shall have prior approval of the Building Official. The
architect or engineer of record shall list the deferred submittals on the plans and shall submit the
deferred submittal documents. Additional plan review fee shall be paid by the applicant for
deferred submittals for review by the Building Official prior to their installation.
(C) Submittal documents for deferred submittal items shall be submitted to the registered
design architect or engineer of record who shall review them and forward them to the Building
Official with a notation indicating that the deferred submittal documents have been reviewed and
that they have been found to be in general conformance with the design of the building.
(D) The deferred submittal items shall not be installed until their design and submittal
documents have been approved by the Building Official.
§ 150.076 INSPECTION AND OBSERVATION PROGRAM.
(A) When special inspection is required by CBC Chapter 17, the architect or engineer of record
shall prepare an inspection program which shall be submitted to the Building Official for
approval prior to issuance of the permit.
(B) The inspection program shall designate the portions of the work to have special inspection,
the name or names of the individuals or firms who are to perform the special inspections and
indicate the duties of the special inspectors.
(C) The special inspector shall be employed by the owner, the engineer or architect of record,
or an agent of the owner, but not the contractor or any other person responsible for the work.
(D) When structural observation is required by CBC Chapter 17, the observation program shall
name the individuals or firms who are to perform structural observation and describe the stages
of construction at which structural observation is to occur.
(E) The inspection program shall include samples of inspection reports and provide time limits
for submission of reports.
§ 150.077 EXPIRATION OF APPLICATION FOR PERMIT.
(A) Except as provided below, a permit application shall expire if no permit is issued within one
year after the date the permit application is filed. A permit application filed prior to the effective
date of this chapter, shall expire if no permit is issued within one year after the date the permit
application is filed. The Building Official may issue a permit for work shown on an expired
application for a permit without requiring the re-submittal of plans and payment of a plan review
fee provided:
(1) No changes have been made or will be made to the original plans and
specifications except as required by the original plan review;
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(2) No pertinent laws or ordinances have been amended subsequent to the date the
original application was filed;
(3) The time allowed to obtain the permit does not exceed one year and one month
from the date the original application was filed; and
(4) Circumstances beyond the control of the applicant have prevented action from
being taken.
(B) Except as provided in this sectionSection, no action may be taken on an application after
expiration. Plans and other data submitted for review may thereafter be returned to the applicant
or destroyed by the Building Official. To obtain a permit, applicants shall submit a new
application, documents and pay a new plan review fee. All applicable codes, standards, and
laws in affect at the time of the new application shall then apply to the project.
Part 7. PERMIT ISSUANCE
§ 150.080 PERMIT ISSUANCE.
(A) The application, plans, specifications, computations and other data filed by an applicant for
permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be
reviewed by other city departments to verify compliance with other applicable laws.
(B) If the Building Official finds that the work described in an application for a permit and the
plans, specifications and other data filed therewith conform to the requirements of this chapter
and the technical codes and other pertinent laws and ordinances, and that the required fees
have been paid, the Building Official shall issue a permit therefore to the applicant.
(C) The Building Official shall endorse, in writing or stamp, the required plans and
specifications.
(D) Approved plans and specifications shall not be changed, modified or altered without
authorizations from the Building Official, and all work regulated by this chapter shall be done in
accordance with the approved plans.
§ 150.081 PERMITS FOR PARTIAL CONSTRUCTION.
(A) The Building Official may issue a permit for the construction of part of a building, structure
or building service equipment before the entire plans and specifications for the whole building,
structure or building service equipment have been submitted or approved, provided adequate
information and detailed statements have been filed complying with all pertinent requirements of
the technical codes.
(B) The holder of a permit for partial construction shall proceed without assurance that the
permit for the entire building, structure or building service will be granted.
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§ 150.082 RETENTION OF PLANS.
(A) One set of approved plans, specifications and computations shall be retained by the
Building Official for a period of not less than 180 days from the date of completion of the work
covered therein or as required by the state or local laws.
(B) One set of approved plans and specifications shall be returned to the applicant and shall
be kept on the site of the building or work at all times during which the work authorized thereby
is in progress.
§ 150.083 VALIDITY OF PERMIT.
(A) The issuance of a permit or approval of plans, specifications and computations shall not be
construed to be a permit for, or an approval of any violation of, any of the provisions of this
chapter or the technical codes, or of any other law or ordinance.
(B) Permits presuming to give authority to violate or cancel the provisions of this chapter or of
other city ordinances shall not be valid.
(C) The issuance of a permit based on plans, specifications and other data shall not prevent
the Building Official from thereafter requiring the correction of errors in the plans, specifications
and other data, or from preventing building operations being carried on thereunder when there
is a violation of this chapter or of any other city ordinances.
§ 150.084 PERMIT EXPIRATION.
(A) Every permit issued by the Building Official under the provisions of the technical codes
shall expire by limitation and become null and void when any of the following circumstances i s
applicable:
Section 150.084(A)(1) is hereby amended to read:
(1) Failure to start construction. If the building or work authorized by such permit is not
commenced within 180 days12 months from the date of such permit is issued;
(2) Cessation of work. If the building or work authorized by such permit is suspende d or
abandoned at any time after the work is commenced for a period of 180 days or more;
(3) Time to complete. In addition to divisions (1) and (2) above, every permit issued
under the provisions of this chapter expires by limitation and becomes null and void
when the time allowed to complete all work authorized by the permit exceeds the
following time periods based on valuation:
Valuation Time Allowed
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Under $300,000 12 months
$300,001 to $1,000,000 24 months
$1,000,001 to § $20,000,000 36 months
Over $20,000,000 48 months
(B) Before work terminated pursuant to division (A) above can be recommenced, a new permit
shall be first obtained, and the permittee shall pay new full permit fees.
(C) The fee therefore shall be pursuant to the last adopted fees provided no changes have
been made to the original plans or specifications for such work; and provided further that such
suspension or abandonment has not exceeded one year.
(D) If the suspension or abandonment of the project has exceeded one year, a new permit
shall be obtained and the permit fees be paid in full.
§ 150.085 PERMIT TIME EXTENSIONS.
(A) Every permit issued by the Building Official under the provisions of the technical codes
shall expire by limitation and become null and void if the building or work authorized by such
permit is not commenced within 180 days from the date of such permit, if the building or work
authorized by such permit is suspended or abandoned at any time after the work is commenced
for a period of 180 days, or if the project is not completed within the stated periods in § 150.084.
(B) All permits shall expire by limitation of time and become null and void unless a written
request for an extension of time has been submitted to the Building Official prior to permit
expiration. The written request must demonstrate that:
(1) Due to circumstances beyond the owner’s or permittee’s control, construction could
not be commenced, continued or completed in the authorized time period;
(2) If construction has started, substantial progress has been made;
(3) The condition of the property presents no health or safety hazard; and
(4) The continued delay will not create any unreasonable aesthetic impact to the
neighborhood or substantial economic detriment to neighboring property owners.
(C) The time periods set forth to start construction within 180 days or resume construction after
cessation of work for 180 days may each be extended no more than once, and the time period
set forth to complete construction may be extended no more than three times. Each extension
of time shall not exceed 180 days.
(D) The decision of the Building Official may be appealed to the Director of Community
Development, who shall conduct a de novo review. Any such appeal shall be filed in writing
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within seven days of the decision of the Building Official. The decision of the Director of
Community Development shall be final.
(E) Before work terminated pursuant to division (B) above can be recommenced, a new permit
shall be first obtained, and the permittee shall pay new full permit fees.
(F) The fee therefore shall be pursuant to the last adopted fees provided no changes have
been made to the original plans or specifications for such wor k; and provided further that such
suspension or abandonment has not exceeded one year.
(G) If the suspension or abandonment of the project has exceeded one year, a new permit
shall be obtained and the permit fees be paid in full.
§ 150.086 PERMIT RENEWALS.
An expired building permit may be renewed provided it has not been expired for more than one
year, no changes have been made to the plans or specifications previously approved by the
expired permit and appropriate permit renewal fees are paid. In instances where work has been
initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to
the degree of progress made on the work authorized by the permit. Permit renewal fees shall be
assessed by the Building Official pursuant to latest adopted fees.
§ 150.087 PERMIT SUSPENSION OR REVOCATION.
The Building Official is authorized to suspend or revoke a permit issued under the provisions of
this code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete,
or fraudulent information provided by the applicant, or when such permit is in violation of an
ordinance, regulation, state law or the provisions of this code. All suspension or revocation of
permits must be in writing showing the cause and the time period for such action.
§ 150.088 PERMIT DENIAL.
Except where special building designs or other mitigation measures have been approved by the
Building Official and co-operating officials of other city and county agencies, a building permit
may be denied where physical features of a building site are such that denial of the building
permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical
features which justify denial of a permit shall include but shall not be limited to the following:
(A) Precipitous cliffs or other adjacent vertical landmasses of unknown stability.
(B) Unstable soils or geologic conditions.
(C) Terrain, which is subject to flooding or severe soil erosion.
(D) Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous
material.
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Part 8. FEES
§ 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION.
All fees required pursuant to this chapter shall be paid in the amount established set forth in the
schedule of service charges established by resolution of the City Council.
§ 150.101 PLAN REVIEW FEES.
(A) When a plan or other data is required to be submitted with an application for permit,
pursuant to this chapter, a plan review fee shall be paid at the time of submitting plans and
specifications for reviewing. The plan review fee is separate and in addition to the building
permit fee.
(B) The plan review fee shall be as set forth in the schedule of service charges established by
resolution of the City Council, plus a surcharge as set forth in the schedule of service charges if
additional plan review is required for the accessibility for the disabled and/or energy
conservation standards as set forth in Title 24 of the California Code of Regulations.
(C) When submittal documents are incomplete or changed so as to require additional plan
review or when the project involves deferred submittal items as defined in this chapter an
additional plan review fee shall be charged at the rate established in the schedule of service
charges.
(D) Whenever a permit is requested for the construction of a single-family or duplex structure
as part of a subdivision previously plan-checked and approved, a fee as set forth in the
schedule of service charges established by the City Council for each such structure shall be
paid at the time of application for each such building permit.
(E) The amount of initial plan review fee for submittal of a model plan as defined herein shall
be the full plan review fee as specified above. The plan review fee for subsequent submittal of a
plan which qualifies as a model plan shall be one-half (1/2) the plan review fee. A “model plan”
is hereby defined as a prototype plan for a building or structure which is to be utilized on more
than one site, and which incorporates the same structural features, dimensions, and
calculations as the original approved plan.
(F) Upon request to review plans on file, a fee as set forth in the schedule of service charges
shall be paid, if the plans for such building or structure must be obtained from the city storage
vault.
§ 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT.
(A) Whenever any work for which a permit is required by this chapter has been commenced
without first obtaining the proper permits, a special investigation shall be made before any
permit may be issued for such work.
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(B) The investigation fee in an amount set forth in the schedule of service charges, in addition
to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be less than 50% of the permit fee as determined by the Building Official.
(C) The payment of such investigation fee shall not exempt any person from compliance with
all other provisions of this chapter nor from any penalty prescribed by law.
§ 150.103 FEE REFUNDS.
(A) The Building Official may authorize partial refunding of any fee paid hereunder which was
erroneously paid or collected.
(B) The Building Official may authorize the refunding of not more than 80% of the permit fee
paid when no work has been done under a permit issued in accordance with this chapter. A
processing fee of $100 shall be deducted from the refund amount. Permit fee under $100 is
non-refundable.
(C) The Building Official may authorize the refunding of not more than 80% of the plan review
fee paid when an application is withdrawn or canceled before any plan reviewing has been
started, and the refund amount is not less than or equal to one hour of plan review service fee.
A processing fee of $100 shall be deducted from the refund amount. Plan review fee under
$200 is non-refundable.
(D) The Building Official shall not authorize the refunding of any fee paid except upon written
application filed by the original permittee not later than 180 days after the date of fee payment.
§ 150.104 FEE EXCEPTIONS.
(A) Fees shall not be required for buildings erected for and owned by the United States of
America, the State of California, or any of its political subdivisions, or by any school district or
hospitals, where the Building Official has no jurisdiction for issuance of permits.
(B) However, if an applicant requests a plan review or permit for any of the aforementioned
projects, full fees shall be charged.
Part 9. INSPECTIONS
§ 150.110 GENERAL PROVISIONS.
(A) Construction or work for which a permit is required shall be subject to inspection by the
Building Official and the construction or work shall remain accessible and exposed for
inspection purposes until approved by the Building Official. In addition, certain types of
construction shall have special inspection and structural observation as specified in Chapter 17
of the CBC.
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(B) Approval as a result of an inspection shall not be construed to be an approval of a violation
of the provisions of this chapter or of other city ordinances. Inspections presuming to give
authority to violate or cancel the provisions of this chapter or of other city ordinances shall not
be valid.
(C) It shall be the duty of the permit applicant to cause the work to remain accessible and
exposed for inspection purposes. Neither the Building Official nor the city shall be liable for
expense entailed in the removal or replacement of any material required to allow inspection.
(D) A survey of the lot may be required by the Building Official to verify that the structure is
located in accordance with the approved plans.
(E) All inspections specified herein shall be at the discretion of the Building Offici al and nothing
in the CBC or in this chapter shall be construed as requiring the city to conduct such inspection
nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore,
neither the CBC nor this section Section shall be construed to hold the city or any officer,
employee or representative of the city, responsible for any damage to persons or property by
reason of making inadequate or negligent inspection or by reason of any failure to make an
inspection or re-inspection.
§ 150.111 INSPECTION RECORD CARD.
(A) Work requiring a permit shall not be commenced until the permit holder or the agent of the
permit holder shall have posted or otherwise made available an inspection record card such as
to allow the Building Official to conveniently make the required entries thereon regarding
inspection of the work.
(B) The inspection record card shall be maintained and made readily available by the permit
holder until final approval has been granted by the Building Official.
§ 150.112 INSPECTION REQUESTS.
(A) It shall be the duty of the person doing the work authorized by a permit to notify the
Building Official that such work is ready for inspection.
(B) The Building Official may require that every request for inspection be filed at least one
working day before such inspection is desired. Such request may be in writing or by telephone
at the option of the Building Official.
(C) It shall be the duty of the person requesting any inspections required either by th is chapter
or the technical codes to provide access to and means for inspection of the work.
§ 150.113 APPROVAL REQUIRED.
(A) Work shall not be done beyond the point indicated in each successive inspection without
first obtaining the approval of the Building Official.
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(B) Reinforcing steel or structural framework of a part of a building or structure shall not be
covered or concealed without first obtaining the approval of the Building Official.
(C) The Building Official, upon notification, shall make the requested inspections and shall
either indicate that portion of the construction is satisfactory as completed or shall notify the
permit holder or an agent of the permit holder wherein the same fails to comply with this
chapter.
(D) Any portions of work which do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the Building Official.
(E) There shall be a final inspection and approval of all buildings and structures when
completed and ready for occupancy and use.
§ 150.114 PRELIMINARY INSPECTION.
Before issuing a permit, the building official is authorized to examine or cause to be examined,
buildings, structures and sites for which an application has been filed.
§ 150.115 REQUIRED BUILDING INSPECTIONS.
The Building Official, upon notification, shall make the following inspections:
(A) Foundation inspection. To be made after excavations for footings are complete and
required reinforcing steel is in place. For concrete foundations, required forms shall be in place
prior to inspection. All materials for the foundation shall be on the job, except when concrete is
ready-mixed in accordance with approved nationally recognized standards ASTM C94, the
concrete need not be on the job. When the foundation is to be constructed of approved treated
wood, additional inspections may be required by the Building Official. Building pad grade
certification and compaction report is required prior to Foundation Inspection on the form
provided by the jurisdiction as approved by the Building Official.
(B) Concrete slab or under-floor inspection. To be made after in-slab or under-floor building
service equipment, conduit, piping accessories and other ancillary equipment items are in place
but before any concrete is placed or floor sheathing installed, including the sub-floor.
(C) Protection of joints and penetrations in fire resistive assemblies shall not be concealed
from view until inspected and approved.
(D) Framing inspection. To be made after the roof, framing, fire blocking and bracing are in
place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and
heating wires, pipes, and ducts are approved.
(E) Lath and/or wall board inspection. To be made after lathing and wallboard, interior and
exterior, is in place but before plaster is applied or before wallboard joints and fasteners are
taped and finished.
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(F) Fire-resistant penetrations. (CBC Chapter 1, § 110.3.6) Protection of joints and
penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not
be concealed from view until inspected and approved.
(G) Energy efficiency inspections. (CBC Chapter 1, § 110.3.7) Inspections shall be made to
determine compliance with Chapter 13 and shall include, but not be limited to, inspections for:
envelope insulation R and U values, fenestration U value, duct system R value, and HAVC
HVAC and water-heating equipment efficiency.
(H) Final inspection. To be made after finish grading and the building is completed and ready
for occupancy or use.
§ 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS.
(A) General. Building service equipment for which a permit is required by this chapter shall be
inspected by the Building Official. Building service equipment intended to be concealed by a
permanent portion of the building shall not be concealed until inspected and approved. When
the installation of building service equipment is complete, an additional and final inspection shall
be made. Building service equipment regulated by the technical codes shall not be connected to
the water, fuel or power supply or sewer system until authorized by the Building Official.
(B) Operation of building service equipment. The requirements of this section Section shall not
be considered to prohibit the operation of building service equipment installed to replace
existing building service equipment serving an occupied portion of the building in the event a
request for inspection of such building service equipment has been filed with the Building
Official not more than 48 hours after the replacement work is completed, and before any portion
of such building service equipment is concealed by permanent portions of the building.
§ 150.117 OTHER INSPECTIONS.
In addition to the called inspections specified above, the Building Official may make or require
other inspections of construction work to ascertain compliance with the provisions of this
chapter or technical codes and other applicable laws and ordinances of this city.
§ 150.118 RE-INSPECTIONS.
(A) A re-inspection fee may be assessed for each inspection or when such portion of work for
which inspection is called is not complete or when corrections called for are not made.
(B) This section Section is not to be interpreted as requiring fees the first time a job is rejected
for failure to comply with the requirements of the technical codes, but as controlling the practice
of calling for inspections before the job is ready for such inspection or re-inspection.
(C) Fees may be assessed when the inspection record card is not posted or otherwise
available on the work site, the approved plans are not readily available to the inspector, for
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failure to provide access on the date for which inspection is requested, or for deviating from
plans requiring the approval of the Building Official.
(D) To obtain a re-inspection, the applicant shall file an application therefore in writing upon a
form furnished for that purpose, and pay the fee in accordance with the schedule of fees.
(E) In instances where fees have been assessed, additional inspection of the work will not be
performed until the required fees have been paid.
§ 150.119 SPECIAL INSPECTIONS.
Special inspection shall be provided in accordance with § 1704 of the CBC. Additional special
inspections may be required when deemed necessary by the Building Official.
§ 150.120 CONTRACTOR’S RESPONSIBILITY.
Pursuant to the requirements of CBC § 1704, each contractor responsible for the construction of
a main wind-or seismic-force-resisting system, designated seismic system or a wind - or seismic
resisting component listed in the statement of special inspections shall submit a written
statement of responsibility to the Building Official and the owner prior to the commencement of
work on the system or component. The contractor's statement of responsibility shall contain
acknowledgement of awareness of the special requirements contained in the statement of
special inspection.
§ 150.121 STRUCTURAL OBSERVATION.
Structural observation shall be provided in accordance with California Building Code§ 1704 of
the CBC. Additional structural observation may be required when deemed necessary by the
Building Official. Structural observation does not include or waive any inspection required by this
code.
(
§ 150.122 CONNECTION TO UTILITIES.
(A) Energy connections. Persons shall not make connections from a source of energy, fuel or
power to building service equipment which is regulated by the technical codes and for which a
permit is required by this chapter, until approved by the Building Official.
(B) Temporary connections. The Building Official may authorize the temporary connection of
the building service equipment to the source of energy, fuel or power for the purpose of testing
building service equipment, or for use under a temporary certificate of occupancy. This
temporary connection will be allowed for a specific purpose and for a specific period of time.
The temporary connection must be removed or detached when the permitted time period is
over.
Part 10. CERTIFICATE OF OCCUPANCY
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§ 150.130 USE OR OCCUPANCY.
(A) Buildings or structures shall not be used or occupied nor shall a change in the existing
occupancy classification of a building or structure or portion thereof be made until the Building
Official has issued a certificate of occupancy therefore as provided herein.
(B) Issuance of a certificate of occupancy shall not be construed as an approval of a violation
of the provisions of this chapter or of other city ordinances.
(C) Certificates presuming to give authority to violate or cancel the provisions of this chapter or
of other city ordinances shall not be valid.
§ 150.131 CHANGE IN USE.
Changes in the character or use of a building shall not be made except as specified in the
Building Code.
§ 150.132 ISSUANCE OF CERTIFICATE OF OCCUPANCY.
After the Building Official inspects the building or structure and finds no violations of the
provisions of this chapter or other laws, the Building Official shall issue a certificate of
occupancy which shall contain the following:
(A) The building permit number.
(B) The address of the building.
(C) The name and address of the owner.
(D) A description of that portion of the building for which the certificate is issued.
(E) A statement that the described portion of the building has been inspected for compliance
with the requirements of this chapter for the group and division of occupancy and the use for
which the proposed occupancy is classified.
(F) The name of the Building Official.
(G) The edition of the code under which the permit was issued.
(H) The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC.
(I) The type of construction as defined in Chapter 6 of the CBC.
(J) The design occupant load.
(K) If an automatic sprinkler system is provided, whether the sprinkler system is required.
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(L) Any special stipulations and conditions of the building permit.
§ 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY.
(A) If the Building Official finds that substantial hazard will not result from occupancy of a
building or portion thereof before the same is completed, a temporary certificate of occupancy
for the use of a portion or portions of a building or structure may be issued prior to the
completion of the entire building or structure.
(B) Applicant shall pay required fees prior to issuance of temporary certificate of occupancy.
(C) The Building Official will develop policies and procedures to administer issuance of a
temporary certificate of occupancy.
§ 150.134 POSTING.
The certificate of occupancy shall be posted in a conspicuous place on the premises and shall
not be removed except by the Building Official.
§ 150.135 REVOCATION.
The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under
the provisions of this chapter when the certificate is issued in error, or on the basis of incorrect
information, or when it is determined that the building or structure or portion thereof is in
violation of an ordinance, regulation or the provisions of this chapter.
Part 11. ADOPTION AND AMENDMENT OF THE CALIFORNIA BUILDING CODE, THE
CALIFORNIA RESIDENTIAL CODE, AND THE CALIFORNIA GREEN BUILDING
STANDARDS CODE
§ 150.140 ADOPTION.
(A) The 2019 California Building Code2022 California Building Code, including the appendices
thereto, together with those omissions, amendments, exceptions and additions thereto as
amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as
the primary building code of the City of Baldwin Park and made part of this Code by reference
with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park
Building Code.The International Building Code, 2012 edition, including the appendices thereto,
together with those omissions, amendments, exceptions and additions thereto as amended in
Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary
building code of the City of Baldwin Park and made part of this code by reference with the same
force and effect as if fully set forth herein and shall be known as the Baldwin Park Building
Code.
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(B) The 2019 California 2022 California Residential Code, including the appendices I and K
thereto, together with those omissions, amendments, exceptions and additions thereto as
amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted,
as the Residential Building Code of the City of Baldwin Park and made part of this Code by
reference with the same force and effect as if fully set forth herein and shall be known as the
Baldwin Park Residential Building Code.The International Residential Code, 2012 edition,
including the appendices thereto, together with those omissions, amendments, exceptions and
additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are
adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made
part of this code by reference with the same force and effect as if fully set forth herein and shall
be known as the Baldwin Park Residential Building Code.
(C) The 2019 California 2022 California Green Building Standards Code, including the
appendices thereto, together with those omissions, amendments, exceptions and additions
thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and
enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by
reference with the same force and effect as if fully set forth herein and shall be known as the
Baldwin Park Green Building CodeThe California Green Building Standards Code, 2016 edition,
including the appendices thereto, together with those omissions, amendments, exceptions and
additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are
adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of
this code by reference with the same force and effect as if fully set forth herein and shall be
known as the Baldwin Park Green Building Code.
(D) The following portions of the California Green Building Standard Codes are amended as
follows:
Section 304.1 Purpose. Voluntary tires are intended to further encourage building practices that
improve public health, safety and general welfare by promoting the use of building concepts
which minimizes the building's impact on the environmental and promote a more sustainable
design.
Section 304.1.1 Tiers. The provisions of Division A4.6 Tier 1 for Residential are adopted and
enacted, as the mandatory tiers. The verification of requirement of these provisions shall be
made by the jurisdiction.
Additional requirement for residential:
Every new single family home shall install a prewired 40 AMP circuit dedicated for future Electric
car charging device.
Every multifamily dwelling apartment building shall install a sufficient number of Level III
charging stations for eclectic cars. The number of charging devices shall be 5 percent of total
required parking spaces, but not less than one The charging stations shall be designated for
charging only.
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Section 304.4.1.2 Tiers. The provisions of Divisions A5.6 Tier 1 for non-residential are adopted
and enacted, as the mandatory tiers. The verification of requirements of these provisions shall
be made by the jurisdiction.
Additional requirement for non-residential
Every new non-residential project shall install a sufficient number level III electric car charging
stations as determine during planning stage. The number of charging stations shall be equal to
5 percent of required parking spaces, but not less than one. Charging stations shall be
designated for charging only. This requirement is in addition to parking requirement for low
emission vehicles.
(ED) One copy of the adopted codes has been filed for use and examination of the public in
the Office of the City Clerk of the City of Baldwin Park.
§ 150.141 LOCAL AMENDMENTS.
The following provisions shall constitute local amendments to the cross-referenced provisions of
the California Building Code (CBC), California Residential Code (CRC), and California Green
Building Standards Code (CGBSC) and shall be deemed to replace the cross -referenced
section section of the respective code with the respective provisions set forth in this Chapter.
CBC Section 808, Acoustical Ceiling Systems, is hereby amended to add Section 808.1.1.3 to
read as follows:
Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be
provided by four No. 12 gauge wires secured to the main runner within 2” of the cross runner
intersection and splayed 90° from each other at an angle not exceeding 45° from the plane of
the ceiling. A strut (adequate to resist the vertical component from lateral loads) fastened to the
main runner shall be extended to and fastened to the structural members of the roof or floor
above. These horizontal restraint points shall be placed at no more than 12’-0” on center in both
directions with the first point within 6’-0” of an adjacent wall. Attachment of restraint wires to the
structure above shall be adequate for the load imposed. Alternate design in accordance to
ASCE-7 by a state licensed Engineer or Architect may be accepted.
(A) CBCCBC Section Section 1505.2, Fire ClassificationRoofing within all other areas, is
hereby deleted and amended as follows: § 1505.1, 1505.1.3 and Table 1505.1 are deleted and
are amended to read as follows::
SectionSections 1505.2 1 through 1505.3 are amended to read as follows: Roofing within all
other areas. The entire roof covering of every existing structure where more than 25% of the
total roof area is replaced within any one year period; the entire roof covering of every new
structure and any roof covering applied in any alteration, repair or replacement of the roof of
every existing structure shall be a fire retardant roof covering that is at least Class B fire rating.
No wood shakes or wood shingles, treated or untreated shall be permitted.
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EXCEPTION: Repairs and additions to existing wood roofs, under twenty-five (25%) percent of
the total existing roof area, shall be allowed to match the existing wood roof if the new materials
are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be
allowed within a 12-month period.
(B) CBC Section Section 15101512.1, Re-roofing, is hereby amended as to read as followadd
Sections 1512.1.1:
Section Section 15101512.1.1. Re-roofing
Ggeneral. All re-roofing shall conform to the applicable provisions of Chapter 15 of the CBC
and as otherwise required in this sectionSection. Repairs to existing roofs shall be limited to
25% of the total roof area within any one-year period. Repairs exceeding 25% of the total roof
area shall be considered complete re-roofs and subject to the provisions of this code.
All re-roofing work which requires complete removal of existing roof coverings shall be
considered as new work, and shall be reviewed and inspected under Chapter 15 of this code.
Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed
per the roofing manufacturer's specifications and applicable ICC reports.
Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with
Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its
edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum
8d common nails spaced six inches on center on the edge and 12 inches on center in the field.
Lightweight roofs not exceeding six pounds per square foot, which are replaced with heavier
roofs, shall comply with the provision of Chapter 16 of the CBC and subject to plan check.
Sheathing over existing space sheathing shall be a minimum of 3/8 inches in thickness.
CBC Section 1512.2, Roof Replacement, is hereby amended to add Section 1512.2.2:
1510.3.31512.2.2. Reroofing overlays allowed
Not more than one overlay of composition shingles shall be allowed. Not more than one overlay
of built-up or rolled roofing shall be allowed.
(C) CBC Section 808, Acoustical Ceiling Systems, is hereby amended to add Section Section
808.1.1.3 to read as follows:
Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be
provided by four No. 12 gauge wires secured to the main runner within 2” of the cross runner
intersection section and splayed 90° from each other at an angle not exceeding 45° fr om the
plane of the ceiling. A strut (adequate to resist the vertical component from lateral loads)
fastened to the main runner shall be extended to and fastened to the structural members of the
roof or floor above. These horizontal restraint points shall be placed at no more than 12’-0” on
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center in both directions with the first point within 6’-0” of an adjacent wall. Attachment of
restraint wires to the structure above shall be adequate for the load imposed. Alternate design in
accordance to ASCE-7 by a state licensed Engineer or Architect may be accepted.
(D) CBC Section Section 1809.4, Depth and Width of Footings, is hereby amended to add
Section Section 1809.4.1 to read as follows:Section 1615, Seismic Design Requirements, is
hereby added to the Code to read as follows:
Section Section 1809.4.1 Foundations in Expansive Soil. When buildings are located on
expansive soil having an expansion index greater than 20 ASTMD 4829, gutters, downspouts,
piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a
street, storm drain, or other approved watercourses or disposal area.
Foundations in expansive soil shall be designed to comply with the following table:
Number of Floors
Supported by
Foundation
Thickness of
Foundation Wall
(Inches)
Width of
Footing
(Inches)
Thickness
of Footing
(Inches)
Depth of
Footing
(Inches)
Concrete Masonry
1 6 6 12 6 24
EXCEPTION: for residential monolithically places concrete foundation located in non-hillside
terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two
reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor
reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way.
Number 3 bars shall be embedded into footing a depth of 18 inches.
Minimum slab reinforcement for any building shall be #3 bars at 18-in on center each way.
(E) CBC SECTION Section 3109.1 is hereby amended to add SectionSections 3109.1.1 and
3109.1.2 to read as follows:
Section Section 3109.1.1 2 DEFINITION. The following definition is hereby added to this
section of the code.
BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face
of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be
the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire
length.
BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches
above grade measured on the side of the barrier that faces away from the swimming pool. The
maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches
measured on the side of the barrier that faces away from the swimming pool. Where the top of
the pool structure is above grade, the barrier is authorized to be at ground level or mounted on
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the top of the pool structure, and the maximum vertical clearance between the top of the pool
structure and the bottom of the barrier shall be 4 inches.
EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may
allow modifications to the barrier requirements.
WIDELY SPACED HORIZONTAL MEMBERS. Barriers shall not have a design configuration
that provides a ladder-like effect. When the barrier has horizontal members spaced less than 45
inches apart, such member shall be placed on the poolside of the barrier. Any decorative design
work attached to the outer side of the barrier that forms a ladder like design work effect is
prohibited.
(F) Section 3109.4.1 is amended to read as follows:
CBC SECTION Section 3109.1.2 SECTION 3109.4.1 BARRIER HEIGHT AND
CLEARANCES.
The top of the barrier shall be at least 60 inches above grade measured on the side of the
barrier that faces away from the swimming pool. The maximum vertical clearances between
grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that
faces away from the swimming pool. Where the top of the pool structure is above grade, the
barrier is authorized to be at ground level or mounted on the top of the pool structure, and the
maximum vertical clearance between the top of the pool structure and the bottom of the barrier
shall be 4 inches.
EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may
allow modifications to the barrier requirements.
(G) Section 3109.4.1.4 is amended to read as follows:
3109.4.1.4 Widely spaced horizontal members. Barriers shall not have a design configuration
that provides a ladder-like effect. When the barrier has horizontal members spaced less than 45
inches apart, such member shall be placed on the poolside of the barrier. Any decorative design
work attached to the outer side of the barrier that forms a ladder like design work effect is
prohibited.
(F) CRC Section Section R105.2 is hereby amended to add Section Section R105.2.1 to
read as follows:
Section Section R105.2.1. Accessory Storage Sheds on Residential Properties.
Notwithstanding any other provisions of this sectionSection, storage sheds exempt from permits
by this chapter shall be separated from each other and other structures by six (6) feet. The
separation distance shall be measured from exterior finish of the buildings. Eaves and
overhangs from said shed shall not extend more than twelve (12) inches, measured horizontally
from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall
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not exceed one (1) story and ten (10) feet to any part of the shed measured from existing
finished grade.
(G) CRC Section Section R403.1.4., General, is hereby amended to add Section Section
R403.1.4.1 to read as follows:
Section Section R403.1.4.4 Foundations in Expansive Soil. When buildings are located on
expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts,
piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a
street, storm drain, or other approved watercourses or disposal area.
Foundations in expansive soil shall be designed to comply with the following Table:
Number of Floors
Supported by
Foundation
Thickness of
Foundation Wall
(Inches)
Width of
Footing
(Inches)
Thickness
of Footing
(Inches)
Depth of
Footing
(Inches)
Concrete Masonry
1 6 6 12 6 24
Exception: for residential monolithically places concrete foundation located in non-hillside terrain,
two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars
shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall
consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be
embedded into footing a depth of 18 inches.
Minimum slab reinforcement for any building shall be #3 bars at 18-in on center each way.
§ 150.142 SAFETY ASSESSMENT PLACARDS.
This following section Section is hereby added to the Code:
SAFETY ASSESSMENT PLACARDS
(A) Intent. This section section establishes standard placards to be used to indicate the
condition of a structure for continued occupancy. The section Section further authorizes the
Building Official and his or her authorized representatives to post the appropriate placard at
each entry point to a building or structure upon completion of a safety assessment.
(B) Application of provisions. The provisions of this chapter are applicable to all buildings and
structures of all occupancies regulated by the City of Baldwin Park. The City Council may
extend the provisions as necessary.
(C) Definitions. SAFETY ASSESSMENT is a visual, non-destructive examination of a building
or structure for purpose of determining the condition for continued occupancy.
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(D) Placards.
(1) The following are verbal descriptions of the official placards to be used to designate
the condition for continued occupancy of buildings or structures.
(a) INSPECTED - lawful occupancy permitted is to be posted on any building or
structure wherein no apparent structural hazard has been found. This placard is not
intended to mean that there is no damage to the building or structure.
(b) RESTRICTED USE is to be posted on each building or structure that has been
damaged wherein the damage has resulted in some form of restriction to the continued
occupancy. The individual who posts this placard will note in general terms the type of
damage encountered and will clearly and concisely note the restrictions on continued
occupancy.
(c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that
has been damaged such that continued occupancy poses a threat to life safety.
Buildings or structures posted with this placard shall not be entered under any
circumstance except as authorized in writing by the Building Official, or his or her
authorized representative. Safety assessment teams shall be authorized to enter these
buildings at any time. This placard is not to be used or considered as a demolition order.
The individual who posts this placard will note in general terms the type of damage
encountered.
(2) This municipal code Section number, the name of the city, its address, and phone
number shall be permanently affixed to each placard.
(3) Once it has been attached to a building or structure, a placard is not to be removed,
altered or covered until done so by an authorized representative of the Building Official.
It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a
placard unless authorized pursuant to this sectionSection.
§ 150.143 APPENDIX J: GRADING.
(A) CBC Appendix J, Grading, Section J102 is amended to add the following definition to read
as follows:
BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of
Public Works (except grading around building foundation and swimming pool).
(B) CBC Appendix J, Grading, Section Section J106 EXCAVATIONS is amended to add
Section Section J106.2:APPENDIX J GRADING. SECTION J106 EXCAVATIONS. This section
is amended by the addition of the following:
Section J106.2 EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report
addressing slope stability shall be submitted for plan review when an excavation or construction
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of a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1 or
steeper slope.
Part 12. ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE
§ 150.150 ADOPTION.
(A) The 2019 California 2022 California Electrical Code, Part 3 of Title 24 of the California
Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of
Baldwin Park and made part of this Code by reference with the same force and effect as if fully
set forth herein subject to the following amendments and shall be known as the Baldwin Park
Electrical Code.
(B) One copy of the codes adopted by reference has been filed for use and examination of the
public in the Office of the City Clerk of the city.
§ 150.151 SPECIAL EVENTS.
A permit shall be required for the installation of portable wiring for equipment for carnivals,
circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions
including wiring in, or on, all structures.
§ 150.152 TEMPORARY WIRING.
For the purpose of this section Section temporary wiring shall be defined as temporary electrical
power and lighting installations permitted during the period of construction, remodeling,
maintenance, repair, or demolition of buildings, structures, equipment, or similar activities.
Temporary wiring shall be removed immediately upon completion of construction or purpose for
which the wiring was installed. The main service of a building or space shall not be energized to
provide temporary lighting during construction.
§ 150.153 CONDITIONAL ELECTRICAL SERVICE CONNECTION.
A conditional electrical service connection may be authorized by the Building Official when in
the opinion of the Building Official the need for such connection exists and such connection
cannot be achieved following the standard adopted policy or process. Conditional electrical
service may be terminated at the completion of a specific purpose for which the electrical
connection was granted or at the discretion of the Building Official.
Chapter 150, Part 12 ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL
CODE is hereby amended to add Section § 150.154 LOCAL AMENDMENTS.
§ 150.154 LOCAL AMENDMENTS.
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The following provisions shall constitute local amendments to the cross-referenced provisions of
the California Electrical Code (CEC) shall be deemed to replace the cross-referenced section of
the respective code with the respective provisions set forth in this Chapter.
CEC Article 300.5 Underground Installations, is hereby amended to add Article 300.5.1.
Article 300.5.1 Undergrounding Required. Outside branch circuits and feeders serving an
accessory or auxiliary building or structure and equipment shall be placed underground. The
minimum cover required for direct-buried cable, conduit, or other raceways will be in accordance
with the California Electrical Code.
Part 13. ADOPTION OF THE CALIFORNIA MECHANICAL CODE
§ 150.160 ADOPTION.
(A) The 2019 California 2022 California Mechanical Code, Part 4 of Title 24 of the California
Code of Regulations,, is hereby adopted and enacted as the primary Mechanical Code of the
City of Baldwin Park, and made part of this Code by reference with the same force and effect as
if fully set forth herein and shall be known as the Baldwin Park Mechanical Code.
(B) One copy of each of the codes adopted by reference has been filed for use and
examination of the public in the Office of the City Clerk of the City of Baldwin Park.
Part 14. ADOPTION OF THE CALIFORNIA PLUMBING CODE
§ 150.170 ADOPTION.
(A) The 2019 California 2022 California Plumbing Code, Part 5 of Title 24 of the California
Code of Regulations, are adopted and enacted, as the Plumbing Code of the City of Baldwin
Park and made part of this Code by reference with the same force and effect as if fully set forth
herein and shall be known as the Baldwin Park Plumbing Code.
(B) One copy of each of the codes adopted by reference has been filed for use and
examination of the public in the Office of the City Clerk of the City of Baldwin Park.
Part 15. ADOPTION OF THE CALIFORNIA ENERGY CODE
§ 150.180 ADOPTION.
(A) The 2019 California 2022 California Energy Code, Part 6 of Title 24 of the California Code
of Regulations and the Building Energy Efficiency Standards For Residential and Nonresidential
Buildings, are adopted and enacted, as the Energy Building Code of the City of Baldwin Park
and made part of this Code by reference with the same force and effect as if fully set forth
herein and shall be known as the Baldwin Park Energy Code.
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(B) One copy of the 2019 California 2022 California Energy Code has been filed for use and
examination of the public in the Office of the City Clerk of the City of Baldwin Park.
Part 16. ADOPTION OF THE CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE
§ 150.190 ADOPTION OF TECHNICAL PROVISIONS OF CALIFORNIA ELEVATOR
SAFETY CONSTRUCTION CODE.
(A) The California Elevator Safety Construction Code, as adopted by the California Building
Standards Commission as Title 24, Part 7 of the California Code of Regulations, is here by
adopted and enacted as the primary elevator safety construction code of the city and made part
of this code by reference with the same force and effect as if fully set forth herein and shall be
known as the 2019 California 2022 California Elevator Safety Construction Code.
(B) One copy of the 2019 California 2022 California Elevator Safety Construction Code has
been filed for use and examination of the public in the Office of the City Clerk of the city.
Part 17. ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE
§ 150.200 ADOPTION.
(A) The 2019 California 2022 California Historical Building Code, Part 8 of Title 24 of the
California Code of Regulations, is hereby adopted and enacted as the primary Historical
Building Code of the City of Baldwin Park, and made part of this Code by reference with the
same force and effect as if fully set forth herein and shall be known as the Baldwin Park
Historical Building Code.
(B) One copy of the 2019 California 2022 California Historical Building Code has been filed for
use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.
Part 18. ADOPTION AND AMENDMENT OF THE CALIFORNIA EXISTING BUILDING CODE
§ 150.210 ADOPTION.
(A) The 2019 California 2022 California Existing Building Code, Part 10 of Title 24 of the
California Code of Regulations, is hereby adopted and enacted as the primary Existing Building
Code of the City of Baldwin Park, and made part of this Code by reference with the same force
and effect as if fully set forth herein and shall be known as the Baldwin Park Existing Building
Code.
(B) One copy of the 2019 California 2022 California Existing Building Code has been filed for
use and examination of the public in the Office of the City Clerk of the City of Baldwin Park.
Part 19. ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE
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§ 150.220 ADOPTION.
(A) The 2019 California 2022 California Referenced Standards Code, Part 10 of Title 24 of the
California Code of Regulations, is hereby adopted and enacted as the primary Referenced
Standards Code of the City of Baldwin Park, and made part of this Code by reference with the
same force and effect as if fully set forth herein and shall be known as the Baldwin Park
Referenced Standards Code.
(B) One copy of the 2019 California 2022 California Referenced Standards Code has been
filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin
Park.
Part 20. ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELES COUNTY
FIRE CODE AMENDMENTS
§ 150.225 ADOPTION
(A) The 2023 Los Angeles County Fire Code and the 2019 California 2022 California Fire Code,
Part 9 of Title 24 of the California Code of Regulations, are hereby adopted and enacted as the
primary Fire Code of the City of Baldwin Park, and made part of this Code by reference with the
same force and effect as if fully set forth herein and shall be known as the Baldwin Park Fire Code.
(B) One copy of the 2019 California 2022 California Fire Code, Part 9 of Title 24 of the
California Code of Regulations and 2020 Los Angeles County Fire Code has been filed for use
and examination of the public in the Office of the City Clerk of the City of Baldwin Park.
HOUSE MOVING
§ 150.230 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for the
shelter, housing or enclosure of persons, animals, chattels or property of any kind.
DIRECTOR. The Director of Public Works or his authorized representative.
HOUSE MOVING PERMIT. A permit issued upon an application to allow the movement of a
building or structure in, over, or upon any public street or public property within the city.
PERMIT. A permit issued pursuant to the provisions of this chapter allowing a person to have a
building or structure in and along any public or private street in the city.
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RELOCATE or RELOCATION. The temporary or permanent relocation of any building or
structure upon any property located within the city.
STRUCTURE. Anything constructed or erected requiring a fixed location on the ground or is
attached to some object having a fixed location on the ground.
§ 150.231 PERMITS.
(A) Required. No person shall move any building or structure in or along any public or private
street within the city, without first obtaining a permit in the manner set forth in this subchapter.
(B) Application; information required. To obtain a permit, the applicant shall first file an appli-
cation therefor in writing on a form furnished for that purpose by the Director. Every such
application shall contain the following information:
(1) The present location of the building or structure to be moved.
(2) The address and legal description of the land to which the building or structure is to
be moved.
(C) Filing fee. Prior to or at the time of filing an application for a permit, the filing and
processing fee as prescribed by City Council resolution shall be paid by the applicant to cover
the reasonable cost of investigations and other services required by the city pursuant to this
chapter.
§ 150.232 INVESTIGATION OF APPLICATION.
The Director, upon receipt of application for a permit shall make all necessary investigations to
determine whether the building or structure may be moved safely in and along the proposed
route. The application shall also be examined and reviewed by other departments of the city to
ensure that the proposed route is safe.
§ 150.233 APPEAL TO COUNCIL.
Any person dissatisfied with the determination of the Director with reference to a permit shall
have the right of appeal to the City Council, taken in the time and manner set forth in § 30.04 of
this code.
§ 150.234 EXCEPTION.
A permit shall not be required pursuant to this subchapter for the transportation into or the use
within the city, of any temporary building and/or structure if such transport and use is expressly
permitted or required by other applicable laws or regulations, such as for construction offices,
portable sanitation facilities, bleacher seats, construction barricades and the like and for use,
and if used only in connection with a construction project or other temporary activity which can
lawfully be conducted within the city.
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§ 150.235 INSURANCE REQUIRED.
The person named in the application as the person who will move the building or structure to be
moved shall furnish evidence of public liability and property damage insurance in an amount to
be approved by the Director. The city shall be named as co-insured in this policy.
§ 150.236 CONDITIONS OF APPROVAL.
Upon such an application being made and the fee being paid, the Director shall issue a permit if
he finds that compliance with this chapter shall be had, and that the route is feasible and will not
pose a threat to vehicular and/or pedestrian traffic. The Director may, where circumstances
warrant, condition permit approval, so as to ensure compliance with the pro- visions of this
subchapter, including, but not limited to, a good and sufficient surety or a cash deposit in an
amount to be determined by the Director to protect the city against damage to public property.
The permit shall describe the streets along and over which the building shall be moved and the
days and hours for such moving.
§ 150.237 BUILDING RELOCATION.
(A) Prohibition. No person shall relocate a building or structure, or cause or permit the
relocation of a building or structure, from any location without the city's boundaries to a location
within the city's boundaries.
(B) Structures which may be relocated. No person shall relocate a building or structure, or
cause or permit the relocation of a building or structure, from any location within the city's
boundaries to any other location within the city's boundaries unless all of the following
requirements are met.
(1) The structure is a detached single family residential structure (which may include its
associated accessory structures);
(2) The structure is currently existing and located within the city.
(3) The structural integrity of the structure has not been compromised and has been
certified by a City Inspector.
(4) The applicant has demonstrated that there exists an involuntary and external
hardship that necessitates the move of the structure. Economic hardship and financial
speculation do not constitute hardship for this purpose.
(5) The applicant has demonstrated there is an imminent threat of demolition of the
structure.
(6) The relocation of the structure will not cause a non-conforming situation.
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(7) The relocation of the structure will not require any deviations from applicable
development standards.
(C) Process for approval. A structure proposed for relocation shall be treated as a new
structure and all approvals required for new construction shall first be obtained and all
applicable fees paid before a house moving permit may be issued.
(D) Fees. Fees to obtain approval to relocate a building within the city shall be as
established by resolution of the City Council.
§ 150.238 EXCEPTION.
The provisions of this subchapter shall not apply to new modular or prefabricated buildings or
structures.
VACANT AND ABANDONED PROPERTY REGISTRATION
§ 150.250 PURPOSE; SCOPE.
It is the purpose and intent of the City Council, through the adoption of this subchapter, to
establish an abandoned or vacant property registration program as a mechanism to protect
neighborhoods and commercial areas from becoming blighted through the lack of adequate
maintenance and security of abandoned and vacated properties.
§ 150.251 DEFINITIONS.
For the purposes of this subchapter, certain words and phrases used in this subchapter are
defined as follows:
ABANDONED. A property that is:
(1) Vacant;
(2) Under a current notice of default;
(3) Pending a tax assessor’s lien sale;
(4) Under a notice of trustee’s sale;
(5) Has been the subject of a foreclosure sale where the title was retained by the
beneficiary of a deed of trust involved in the foreclosure; or
(6) Has been transferred under a deed in lieu of foreclosure.
ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached
window, gate, fence, wall, etc.
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ACCESSIBLE STRUCTURE. A structure/ building that is unsecured or breached in such a way
as to allow access to the interior space by unauthorized persons.
AGREEMENT. Any agreement or written instrument which provides that title to residential
property shall be transferred or conveyed from one owner to another owner after the sale, trade,
transfer or exchange.
ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of
trust from one lender/entity to another.
BENEFICIARY. A lender or holder of a note secured by a deed of trust.
BENEFICIARY/TRUSTEE. Both the beneficiary and the trustee. When any act is required of
the beneficiary/trustee by this subchapter, both are responsible for performing such act and may
be charged with a violation of this code for failure to act. However, it is sufficient if it is
accomplished by either one. If information is required to be provided, they both must provide
such information.
BUYER. Any person, co-partnership, association, corporation, or fiduciary who agrees to
transfer anything of value in consideration for property described in an agreement of sale, as
defined in this sectionSection.
DAYS. Consecutive calendar days.
DEED IN LIEU OF FORECLOSURE/SALE. A recorded document that transfers ownership of a
property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the
deed of trust.
DEED OF TRUST. An instrument by which title to real estate is transferred to a third party
trustee as security for a real estate loan and often used in California instead of a mortgage. This
definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust
deed, etc.
DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional.
DISTRESSED. A property that is under a current notice of default or notice of trustee’s sale
and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been
conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property is vacant and not occupied
by authorized persons. Such conditions include, but are not limited to, overgrown or dead
vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices and/or
disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings
such as curtains, blinds and/or shutters, the absence of furnishings or personal items consistent
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with residential habitation, or statements by neighbors, passersby, delivery agents, government
employees the property is vacant.
FORECLOSURE. The process by which a property, placed as security for a real estate loan, is
sold at auction to satisfy the debt if the trustor (borrower) defaults.
LOCAL. Within 40-road/driving miles distance of the subject property.
NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of
properties within a 300-foot radius of an individual property. A property that is the subject of a
neighborhood standard comparison, or any other abandoned property within the 300-foot
radius, shall not be counted toward the simple majority.
NOTICE OF DEFAULT. A recorded notice that a default has occurred under a deed of trust
and that the beneficiary intends to proceed with a trustee’s sale.
OUT OF AREA. In excess of 40-road/driving miles distance of the subject property.
OWNER. Any person, co-partnership, association, corporation or fiduciary having a legal or
equitable title or any interest in any real property.
OWNER OF RECORD. The person having recorded title to the property at any given point in
time the record is provided by the Los Angeles County Recorder’s Office.
PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city
and includes the buildings or structures located on the property regardless of condition.
RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city,
designed or permitted to be used for dwelling purposes, and shall include the buildings and
structures located on such improved real property. This includes any real property being offered
for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or
zoned for such use.
RESPONSIBLE PERSON. Any person, partnership, association, corporation, or fiduciary
having legal or equitable title to or any interest in any real property and includes trustees and
beneficiaries of a deed of trust on the property and any other lien holder on the property.
SECURING. Such measures as may be directed by the Planning Manager or his or her
designee that assist in rendering the property inaccessible to unauthorized persons, including
but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or
boarding of door, window and/or other openings. Boarding shall be completed to a minimum of
the current HUD securing standards at the time the boarding is completed or required.
TRUSTEE. The person, firm or corporation holding a deed of trust on a property.
TRUSTOR. A borrower under a deed of trust, who deeds property to a trustee as security for
the payment of a debt.
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VACANT. A building/structure that is not legally occupied.
(
§ 150.252 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/ASSIGNMENT OF
RENTS.
Within ten days after the purchase or transfer of a loan/deed of trust secured by residential
property the new beneficiary/trustee shall record, with the Los Angeles County Recorder's
Office, an assignment of rents, or similar document, that lists the name of the corporation,
and/or individual, the mailing address and contact phone number of the new beneficiary/ trustee
responsible for receiving payments associated with the loan/deed of trust.
§ 150.253 REGISTRATION.
Any beneficiary/trustee who holds a deed of trust secured by a property located within the city
which is abandoned shall, within ten days, register the property with the Planning Manager, or
his/her designee, on forms provided by the city.
(A) If the property is occupied but remains in default, then it shall be inspected by the
beneficiary/trustee, or an agent/designee of the
beneficiary/ trustee and shall be deemed abandoned, and the beneficiary/trustee shall, within
ten days register the property with the Planning Manager, or his/her designee, on forms
provided by the city.
(B) The beneficiary/trustee shall also register any property which becomes vacant after a
foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in
the foreclosure and any property which becomes vacant after being transferred under a deed in
lieu of foreclosure/sale.
(C) Such registration shall contain the following information for both the beneficiary and the
trustee: name (corporation or individual); the street/office address (not a P.O. box) and if
different, the mailing address; a direct contact name and phone number for the person handling
the deed of trust and/or foreclosure; and, in the case of a corporation or out-of-area beneficiary
or trustee, the local property manager responsible for the security, marketing and maintenance
of the property.
(D) The annual registration fee established by City Council resolution, shall accompany the
registration form. The fee and registration shall be valid for the calendar year, or remaining
portion of the calendar year, in which the registration was initially required. Subsequent
registrations and fees are due January 1 of each year and must be received no later than
January 31 of the year due.
(E) Persons required to register properties pursuant to this subchapter shall keep such
properties registered and all required information updated, comply with the annual registration
requirement and all of the security and maintenance requirements of this subchapter for the
entire time such properties remain vacant. When such properties become occupied or title is
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transferred, the beneficiary/trustee or prior responsible person shall notify the Planning
Manager, or her or his designee in writing.
(F) Any person, firm or corporation required to register a property pursuant to this subchapter
must report any change of information contained in the registration within ten days after the
change.
§ 150.254 INSPECTION AND REGISTRATION OF PREVIOUSLY ABANDONED
PROPERTIES.
Any beneficiary/trustee who holds a deed of trust on a property located within the city, which
property, on or before May 15, 2009 is: under a current notice of default; under a current notice
of trustee's sale; pending a tax assessor's lien sale; has been the subject of a foreclosure sale
where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or
has been transferred under a deed in lieu of foreclosure/sale, shall, on or before July 14, 2009,
perform an inspection of the property that is the security for the deed of trust. If the property is
found to be vacant or shows evidence of vacancy, then it is, by this subchapter, deemed
abandoned and the beneficiary/trustee shall, within ten days after the inspection, register, on
forms provided by the city, the property with the Planner Manager or her or his designee.
§ 150.255 MAINTENANCE REQUIREMENTS.
Responsible persons, including beneficiaries/ trustees, shall maintain properties subject to
inspection or registration pursuant to this subchapter, and any other applicable provisions of
federal, state or local law, and shall keep such properties free of weeds, dry brush, dead
vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars,
flyers, notices, except those required by federal, state or local law, discarded personal items
including but not limited to furniture, clothing, large and small appliances, or printed material and
shall take any other action necessary to prevent giving the appearance the property is
abandoned, including but not limited to the following:
(A) The property shall be kept free of graffiti, tagging or similar markings by removal or painting
over with an exterior grade paint that matches the color of the exterior of the structure.
(B) Front and side yards visible from the public rights-of-way or neighboring private or public
property shall be landscaped and maintained in accordance with city requirements and the
neighborhood standard applicable at the time registration was required.
(C) Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs,
hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for
residential installation.
(D) Permitted landscaping does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, indoor-outdoor carpet or any similar material.
(E) Required maintenance includes but is not limited to regular watering, irrigation, cutting,
pruning and mowing of required landscape and removal of all trimmings.
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(F) Pools and spas shall be kept in working order so the water remains clear and free of
pollutants and debris or drained and kept dry. In either case properties with pools and/or spas
must comply with the minimum security fencing requirements of the State of California.
(G) Adherence to this section Section does not relieve the beneficiary/trustee or property
owner of any obligations set forth in any covenants, conditions and restrictions and/or
homeowners' association rules and regulations which may apply to the property.
§ 150.256 SECURITY REQUIREMENTS.
Responsible persons, including beneficiaries/ trustees, shall secure properties subject to
inspection and/or registration pursuant to this subchapter, in a manner to prevent access by
unauthorized persons, including but not limited to the following: the closure and locking of
windows, doors (walk-through, sliding and garage), gates and any other opening of such size
that it may allow a child to access the interior of the property and or structure(s). In the case of
broken windows securing means the re-glazing or boarding of the window. Responsible persons
shall do the following:
(A) If the responsible person is a corporation and/or out-of-area beneficiary/trustee/owner, a
local property manager shall be hired to perform weekly inspections to verify that the
requirements of this subchapter, and any other applicable laws, are being met.
(B) The property shall be posted with the name and 24-hour contact phone number of the local
property manager. The posting shall be no less than 18 inches by 24 inches and shall be of a
font that is legible from a distance of 45 feet and shall contain, along with the name and 24-hour
contact number, the words "THIS PROPERTY MANAGED BY", "TO REPORT PROBLEMS OR
CONCERNS CALL (name and phone number)" and "IF NO RESPONSE WITHIN 48 HOURS,
CONTACT CODE ENFORCEMENT AT (626) 813-5238." The posting shall be placed on the
interior of a window facing the street to the front of the property so it is visible from the street, or
secured to the exterior of the building/ structure facing the street to the front of the property so it
is visible from the street or, if no such area exists, on a stake of sufficient size to support the
posting in a location that is visible from the street to the front of the property but not readily
accessible to vandals. Exterior posting must be constructed of and printed with weather-
resistant materials.
(C) The responsible person or local property manager shall inspect the property on a weekly
basis to determine if the property is in compliance with the requirements of this subchapter.
§ 150.257 ADDITIONAL AUTHORITY.
In addition to the enforcement remedies established in Chapters 10, 15 and 95 of this Code, the
Planner Manager, her or his designee, shall have the authority to require the responsible person
of any property affected by this section Section to implement additional maintenance and
security measures, including, but not limited to, securing each door, window or other opening,
installing additional security lighting, increasing on-site inspection frequency, employment of an
on-site security guard, disconnecting utilities and removing the meter boxes, or other measures
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as may be reasonably required to arrest the decline of the property and prevent unauthorized
entry.
§ 150.258 ENFORCEMENT.
Violations of this subchapter may be enforced as allowed in Chapters 10, 15 and 95 of this
Code or any combination thereof.
§ 150.259 VIOLATION; PENALTY.
Violations of this subchapter shall be treated as a strict liability offense regardless of intent. Any
person, firm or corporation that violates any portion of this subchapter shall be subject to
prosecution and administrative enforcement as provided in Chapters 10 and 15 of this Code and
subject to the penalties set forth therein. It shall constitute a new and separate offense for each
and every day during any portion of which a violation of, or failure to comply with, any provision
or requirement of this subchapter is committed, continued, or permitted by any person, and such
person shall be punished accordingly.
§ 150.260 FEES.
The fee for registering an abandoned residential property shall be set by resolution of the City
Council.
§ 150.261 APPEALS.
Any person aggrieved by any of the requirements of this subchapter may appeal insofar as such
appeal is allowed in Chapter 15 or 95 of this Code.
STAFF REPORT
ITEM NO. ________10_________
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Rose Tam, Finance Director
DATE: November 16, 2022
SUBJECT: Adopt Resolution No. 2022-062 Appointing Best Best &
Krieger, LLP (BBK) as the City’s Permanent City Attorney
and Approving a Legal Services Agreement for Legal
Services
SUMMARY
In appointing BBK as the Interim City Attorney, the City Council directed the Chief Executive Officer
(CEO) to present for City Council consideration the appointment of BBK as the Permanent City
Attorney and negotiation of a legal services agreement.
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. 2022-062 Appointing Best Best & Krieger as the City’s Permanent City
Attorney, effective as of the date of the execution of the Agreement; and
2. Approve the Agreement between the City of Baldwin Park and Best Best and Krieger for
Permanent City Attorney Legal Services and the rates contained therein; and
3. Authorize the Mayor to execute the Agreement; and
4. Declare the Agreement for Interim City Attorney Legal Services between the City of Baldwin
Park and Best Best and Krieger null and void upon the execution of the Permanent
Agreement.
FISCAL IMPACT
Currently, the FY 2022-23 City Attorney Legal Services are budgeted for $269,000 in the General
Fund. This budget was based on the former Robert Tafoya Group’s hourly rate. If BBK is appointed
as the permanent City Attorney, due to the slightly higher negotiated rate there may be a minor
increase in cost for the remainder of the fiscal year. However, given BBK’s economies of scale, it is
expected that the City’s legal work will be done more efficiently and result in mitigating the overall
cost. Thus, no increase in appropriation is requested at this time and will be revisited during the FY
2022-23 mid-year budget.
BACKGROUND
Following the acceptance by the City Council of the resignation and withdrawal as City Attorney of the
Robert Tafoya Law Group, BBK quickly and very responsively stepped in as Acting City Attorney on an
emergency basis, followed by the City Council’s formal appointment at its meeting of November 2,
2022, of BBK as the City’s Interim City Attorney. City Council further directed the CEO to negotiate
terms with BBK for Permanent City Attorney Legal Services and to present it for City Council’s
consideration at its meeting of November 16, 2022.
DISCUSSION
Section 31.16 of the Baldwin Park Municipal Code provides that “[T]he City Council shall appoint a
qualified person to position of City Attorney…” Having a reliable, effective, efficient, and trusted City
Attorney is a fundamental and critical requisite for the City Council functioning as the legislative and
governing body of the City; and it is essential for City Staff to have ready access to legal advice, analysis
and guidance as they carry-out the city’s work. BBK has a well-established reputation for being
responsive, forthright, very capable, removed from any political affiliations and resourced with a
multiplicity of subject matter expert attorneys in-house that enable their staff city attorney to provide
speedy yet thorough legal analysis in a most efficient and cost-effective way for the client.
Staff had had the opportunity to interact with BBK in a number of programs in their role as special
counsel, specifically in the City’s decertification and decommissioning of its Baldwin Park Resident
Owned Utility District (BPROUD) program, and in the many pre-elections cycle preparation activities.
BBK attorneys were very responsive, knowledgeable, and thorough, yet very judicious, prudent, and
conscientious with their use of billable time. This has been exactly the same experience for staff in
dealing with BBK in their role as Acting and Interim City Attorney. We have full confidence that the
same will remain true in their role as Permanent City Attorney.
Staff was able to negotiate a further discount on the applicable hourly rates from BBK in consideration
of their potential designation and appointment as Permanent City Attorney. The Rates under the
Permanent City Attorney Agreement are as follow:
Basic Legal Services
Attorneys: $230 per hour (meeting coverage, office hours, travel time)
Paralegals/Clerks/Analysts: $155 per hour
Other Basic Legal Services: $265 per hour
Special Legal Services
Attorneys: $330 per hour
Paralegals/Clerks/Analysts: $165 per hour
For reference, the new legal services agreement proposes rates that are lower than the interim
agreement rates by approximately $15 per hour. For that reason, it would be in the City’s best interest
to have the rates be applied retroactively to November 1st and BBK has agreed to do so.
Section 31.20 of the Baldwin Park Municipal Code requires that compensation paid to the City Attorney
be memorialized in a Resolution. That Resolution is attached and the legal services agreement is an
exhibit to the Resolution.
It is foreseeable that after a period of time of engagement under this agreement, that as a business
engagement model based on a fixed amount monthly retainer and not on an hourly rate basis, may be
best suitable for the City. Such provision is included in the Agreement to allow for both parties to
negotiate the terms, as an option in the future.
The Office of the Chief Executive Officer (CEO) will be the administrator of the proposed contract.
ALTERNATIVES
City Council may choose not to approve this agreement.
LEGAL REVIEW
Counsel has reviewed for form only. No legal advice has been provided to prevent any conflict of
interest.
ATTACHMENTS
1. Resolution No. 2022-062.
2. Agreement for Permanent City Attorney Services between the City of Baldwin Park and Best
Best & Krieger, LLP.
3. List of Existing Legal Services Rate Proposals from Surrounding Cities.
RESOLUTION NO. 2022-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPOINTING BEST BEST & KRIEGER
LLP AS CITY ATTORNEY OF THE CITY OF BALDWIN
PARK AND APPROVING A LEGAL SERVICES
AGREEMENT
WHEREAS, Best Best & Krieger LLP was appointed as Interim City
Attorney by the City Council on October 26, 2022; and
WHEREAS, as part of that appointment, the City Council directed the
Chief Executive Officer to review proposals for legal rates and negotiate a legal services
agreement to for the appointment of BBK as the permanent City Attorney ; and
WHEREAS, Section 31.16 of the Baldwin Park Municipal Code provides
that “[T]he City Council shall appoint a qualified person to the position of City
Attorney…”; and
WHEREAS, BBBK, through its partner – Marco A. Martinez – (“BBK”)
have the demonstrated qualifications and experience to serve as City Attorney of the
City of Baldwin Park; and
WHEREAS, Section 31.20 of the Baldwin Park Municipal Code requires
any compensation paid for the position of City Attorney shall be set forth in a resolution
of the City Council; and
WHEREAS, all other legal prerequisites to the action have been satisfied.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The recitals contained in this Resolution are true and correct
and are hereby adopted as if fully set forth herein.
SECTION 2: The City Council of the City of Baldwin Park hereby:
A. Appoints BBK as the City’s Permanent City Attorney, effective
as of the date of the execution of the agreement; and
B. Approves the Legal Services Agreement between the City of
Baldwin Park and Best Best and Krieger LLP for Permanent
City Attorney Legal Services and the rates contained therein
as shown on the attached Exhibit A; and
C. Authorizes the Mayor to execute the Agreement; and
D. Declare the Agreement for Interim City Attorney Legal
Services between the City of Baldwin Park and Best Best and
Krieger LLP null and void upon the execution of the
Permanent agreement.
Resolution 2022-062
Page 2
PASSED AND APPROVED this 16th day of November 2022.
______________________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, MARLEN GARCIA, City Clerk, of the City of Baldwin Park, do hereby certify
that the foregoing Resolution No. 2022-062 was duly and regularly approved and
adopted by the City Council of the City of Baldwin Park at a regular meeting thereof,
held on the 16th day of November 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_________________________________
MARLEN GARCIA
CITY CLERK
65431.00007\40837438.3
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AGREEMENT FOR
CITY ATTORNEY LEGAL SERVICES
BETWEEN
THE CITY OF BALDWIN PARK &
BEST BEST & KRIEGER LLP
1. Parties and Date.
This Agreement for City Attorney Legal Services is made and entered into as of the 1st
day of December, 2022, by and between the City of Baldwin Park, a California municipal
corporation (“City”), and Best Best & Krieger LLP, a limited liability partnership engaged in the
practice of law (“BB&K”).
2. Recitals.
2.1 City appointed BB&K as Interim City Attorney on October 26, 2022.
2.2 City wishes to continue to engage the services of BB&K as its permanent City
Attorney to perform all necessary legal services for the City on the terms set forth below. For
purposes of this Agreement, the term “City” shall include all other entities where the City
Council serves as the governing board and any other affiliated entities.
3. Terms.
3.1 Term. The term of this Agreement shall commence on November 17, 2022 and
shall continue in full force and effect unless terminated in accordance with Section 3.12.
However, the rates provided in this Agreement shall be retroactive to November 1, 2022. During
the term of this Agreement, City and BBK shall review the services and rates provided to
determine if any changes are required.
3.2 Scope of Services. BB&K shall serve as City Attorney and shall perform legal
services (“Services”) as may be required from time to time by the City as set forth by this
Agreement, unless otherwise agreed to by the City and BB&K. As part of the Services to be
performed hereunder, BB&K shall be responsible for the following:
3.2.1 Preparation for, and attendance at, regular and special meetings of the
City;
3.2.2 Provision of legal counsel at such other meetings as directed by the City,
including the availability of once per week office hours as requested by the Chief Executive
Officer;
3.2.3 Preparation or review of City ordinances and resolutions, together with
such staff reports, orders, agreements, forms, notices, declarations, certificates, deeds, leases and
other documents as requested by the City;
65431.00007\40837438.3
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3.2.4 Rendering to the officers and employees of the City legal advice and
opinions on all legal matters affecting the City, including new legislation and court decisions, as
directed by the City;
3.2.5 Researching and interpreting laws, court decisions and other legal
authorities in order to prepare legal opinions and to advise the City on legal matters pertaining to
City operations, as directed by the City;
3.2.6 Performing legal work pertaining to property acquisition, property
disposal, public improvements, public rights-of-way and easements, as directed by the City;
3.2.7 Responding to inquiries and review for legal sufficiency of ordinances,
resolutions, contracts, and administrative and personnel matters, as directed by the City;
3.2.8 Representing and assisting on litigation matters, as directed by the City.
Such services shall include, but shall not be limited to, the preparation for and making of
appearances, including preparing pleadings and petitions, making oral presentations, and
preparing answers, briefs or other documents on behalf of the City, and any officer or employee
of the City, in all federal and state courts of this State, and before any governmental board or
commission, including reviewing, defending or assisting any insurer of the City or its agents or
attorneys with respect to any lawsuit filed against the City or any officer or employee thereof, for
money or damages.
3.3 Designated City Attorney. Marco A. Martinez shall be designated as City
Attorney, and shall be responsible for the performance of all Services under this Agreement,
including the supervision of Services performed by other members of BB&K. Other attorneys
may, from time to time, also provide services to the City as needed.
3.4 Time of Performance. The Services of BB&K shall be performed expeditiously
in the time frames and as reasonably directed by the City.
3.5 Assistance. The City agrees to provide all information and documents necessary
for the attorneys at BB&K to perform their obligations under this Agreement.
3.6 Independent Contractor. BB&K shall perform all legal services required under
this Agreement as an independent contractor of the City and shall remain, at all times as to the
City, a wholly independent contractor with only such obligations as are required under this
Agreement. Neither the City, nor any of its employees, shall have any control over the manner,
mode or means by which BB&K, its agents or employees, render the legal services required
under this Agreement, except as otherwise set forth. The City shall have no voice in the
selection, discharge, supervision or control of BB&K’s employees, representatives or agents, or
in fixing their number, compensation, or hours of service.
3.7 Fees and Costs. BB&K shall render and bill for legal services in the following
categories and at rates set forth in Exhibit “A” and in accordance with the BB&K Billing Policies
set forth in Exhibit “B”, both of which are attached hereto and incorporated herein by reference.
In addition, the City shall reimburse BB&K for reasonable and necessary expenses incurred by it
in the performance of the Services under this Agreement, including travel time charged at Basic
65431.00007\40837438.3
3
Services rates. Authorized reimbursable expenses shall include, but are not limited to, printing
and copying expenses, mileage expenses at the rate allowed by the Internal Revenue Service, toll
road expenses, long distance telephone and facsimile tolls, computerized research time (e.g.
Lexis or Westlaw), research services performed by BB&K’s library staff, extraordinary mail or
delivery costs (e.g. courier, overnight and express delivery), court fees and similar costs relating
to the Services that are generally chargeable to a City. No separate charge shall be made by
BB&K for secretarial or word processing services.
3.8 Billing. BB&K shall submit monthly to the City a detailed statement of account
for Services. The City shall review BB&K’s monthly statements and pay BB&K for Services
rendered and costs incurred, as provided for in this Agreement, on a monthly basis.
3.9 Annual Reviews. The City and BB&K agree that a review of performance and
the compensation amounts referenced in this Agreement should occur at least annually, at the
discretion of the City Council.
3.10 Insurance. BB&K carries errors and omissions insurance with Lloyd’s of
London. After a standard deductible, this insurance provides coverage beyond what is required
by the State of California. A separate schedule containing BB&K’s insurance policies will be
available for inspection upon City’s request.
3.11 Attorney-Client Privilege. Confidential communication between the City and
BB&K shall be covered by the attorney-client privilege. As used in this article, “confidential
communication” means information transmitted between the City and BB&K in the course of the
relationship covered by this Agreement and in confidence by a means that, so far as the City is
aware, discloses the information to no third persons other than those who are present to further
the interests of the City in the consultation or those to whom disclosure is reasonably necessary
for the transmission of the information or the accomplishment of the purpose for which BB&K is
consulted, and includes any legal opinion formed and advice given by BB&K in the course of
this relationship.
3.12 Termination of Agreement and Legal Services. This Agreement and the Services
rendered under it may be terminated at any time upon thirty (30) days’ prior written notice from
either party, with or without cause in accordance with the City’s Municipal Code and California
law. In the event of such termination, BB&K shall be paid for all Services authorized by the
City and performed up through and including the effective date of termination.
3.13 Entire Agreement. This Agreement contains the entire Agreement of the parties
with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements.
3.14 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.15 Amendment; Modification. No supplement, modification or amendment of this
Agreement shall be binding unless executed in writing and signed by both parties.
65431.00007\40837438.3
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3.16 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a party shall give the other party any contractual rights
by custom, estoppel, or otherwise.
3.17 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.18 Delivery of Notices. All notices permitted or required under this Agreement
notices shall be deemed made when personally delivered or when mailed, forty-eight (48) hours
after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
City: City of Baldwin Park
14403 Pacific Avenue
Baldwin Park, CA 91706
Attention: Chief Executive Officer
BB&K BB&K:
Best Best & Krieger LLP
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attention: Marco A. Martinez, Partner
3.19 Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
65431.00007\40837438.3
5
IN WITNESS WHEREOF, the City and BB&K have executed this AMENDED AND
RESTATED Agreement for City Attorney Legal Services as of the date first written above.
CITY OF BALDWIN PARK
By: ____________________________________ Date:______________
Emmanuel J. Estrada, Mayor
By: ____________________________________ Date:______________
Enrique C. Zaldivar, Chief Executive Officer
BEST BEST & KRIEGER LLP
By: ___________________________________ Date:_____________
Marco A. Martinez
Partner
65431.00007\40837438.3
A-1
EXHIBIT “A”
Basic, Reduced, Special and Reimbursable Legal Service Rates
1. Basic Legal Services – Description and Rates. Basic Legal Services shall include all
services provided to City that are not otherwise specifically identified below as either Enterprise
Fund Legal Services, Special Legal Services, Third Party Reimbursable Legal Services, or
Public Finance Legal Services. The City shall pay for Basic Legal Services at the following
hourly rates:
Attorneys: $230 per hour blended (For Meeting Coverage, Office Hours, Travel Time
only)
Attorneys: $265 per hour blended (For All Other Basic Legal Services)
Paralegals, Clerks & Analysts: $155 per hour blended (For All Matters)
2. Special Legal Services - Description. Special Legal Services shall include the following
types of services:
2.1 Litigation and formal administrative or other adjudicatory hearing matters
2.2 Labor relations and employment matters
2.3 Non-routine real estate matters (e.g. Development Agreements, Disposition &
Development Agreements, CC&R’s, deed or title work)
2.4 Land acquisition and disposal matters (including pre-condemnation)
2.5 Successor Agency and housing matters
2.6 Taxes, fees and charges matters (e.g. Prop. 218 & Mitigation Fee Act)
2.7 Public construction disputes
2.8 Non-routine contract negotiation matters (including non-BB&K model
agreements and franchise agreements)
2.9 Non-routine land use and development matters (including general plan updates,
Williamson Act issues, annexations and development agreements)
2.10 Environmental matters (e.g. CEQA, NEPA, endangered species)
2.11 Water law matters (e.g. water rights & quality)
2.12 Tax and ERISA related matters
2.13 Toxic substances matters (e.g. CERCLA, RCRA)
65431.00007\40837438.3
A-2
2.14 Complex public utility matters (e.g. electric, natural gas, telecommunications,
water, rail or transit that involve state or federal regulatory issues)
2.15 Renewable energy and energy efficiency project contracts and power purchase
agreements
2.16 Intergovernmental Relations and Advocacy efforts (e.g. legislative and regulatory
representation) at the federal and state level.
2.17 Non-routine election law matters, including election law litigation.
2.18 PRA Policy drafting including reviewing, assessing, and updating records-related
policies to reflect current legal standards and best practices.
2.19 Other matters mutually agreed upon between BBK and the City Manager /
General Manager.
The City shall pay for Special Legal Services at the following blended hourly rates
Attorneys: $330 per hour
Paralegals, Clerks & Analysts: $165 per hour
If a matter falls within the list above, BBK shall submit a letter/email to City’s Chief Executive
Officer informing him/her of the general nature of the matter, the scope of BBK’s representation
and the attorney(s) that will be assigned.
3. Specialized Attorney & Third Party Reimbursable Legal Services - Description. Third
Party Reimbursable Legal Services shall include legal services provided to the City for which the
City receives reimbursement from a developer or other third party. These reimbursable legal
services typically include litigation for which the City is indemnified by a project applicant,
CEQA and land use planning review, review of CC&Rs; establishment of financing districts
(i.e., Community Facilities Districts; Assessment Districts; Landscape and Lighting Maintenance
Districts); and land use/environmental projects for which the City is entitled to reimbursement.
In addition, any matters handled by attorneys with specialized legal expertise shall also be billed
at the Third Party Reimbursable Rates. Currently, these include the following BB&K attorneys
and their specialties: Eric Garner (Water Law), Jeffrey Chang & Isabel Safie (PERS &
Employee Benefits).
The City shall pay for Specialized Attorneys & Third Party Reimbursable Legal Services at the
following hourly rates: Private rates for each attorney/paralegal assigned, minus ten percent
(10%) as discount.
4. Public Finance Legal Services – Description & Rates. BB&K will provide bond counsel,
special counsel or disclosure counsel services at the request of the Client. Such bond counsel and
special counsel services include the preparation of all legislative approvals and legal
documentation relating to the appropriate sale and delivery of the bonds, notes or other
obligations. BB&K will also prepare such closing certificates and legal opinions necessary for
65431.00007\40837438.3
A-3
the delivery of the bonds. As disclosure counsel, we will prepare the disclosure documents for
the Client and conduct the necessary due diligence related to the transaction. Our fees will be
determined based upon the type of financing and the expected involvement of the attorneys
involved. We will provide the Client with a detailed description of our services and our fees and
reimbursable costs upon the Client’s request. Notwithstanding the foregoing, in those cases
where the fees are reimbursable by a third party, at BB&K’s option it may proceed on an hourly
basis and utilize the Third Party Reimbursable Legal Services category provided for in this
Amendment, including with respect to services rendered for the formation of, or annexation to, a
CFD (of either the City or other local public agency of which the City Council acts as governing
board), as well as the negotiation and preparation of funding agreements and joint financing
agreements. Legal services related to the Client’s compliance with its continuing disclosure
covenants and provide such necessary advice on the Client’s compliance shall be billed as
Special Legal Services, above.
5. Agreement Regarding Rate Categories. If BB&K believes that a matter falls within the
Special Legal Services, Complex Legal Services, Third Party Reimbursable Legal Services, or
Public Finance Legal Services rate categories, BB&K shall seek inform the Chief Executive
Officer or his/her designee. The Chief Executive Officer’s or her designee's approval of such a
request from BB&K shall not be unreasonably withheld.
6. Annual Adjustments; Other Mutual Adjustments. The rates or amounts provided for in
Sections 1 through 4 shall be automatically increased beginning on July 1, 2024 and every July
1st thereafter during the term of this Agreement, they shall be increased for the change in the
cost of living for prior twelve (12) month period published for the month of May, as shown by
the U.S. Department of Labor in its All Urban Consumers Index set forth for the Los Angeles-
Long Beach area; provided, however, that such adjustment shall never be lower than zero percent
(0%) nor higher than four percent (4%). In addition to the automatic rate increases, either
BB&K or the City may initiate consideration of a rate increase at any time.
65431.00007\40837438.3
B-1
EXHIBIT “B”
BB&K BILLING POLICIES
Our century of experience has shown that the attorney-client relationship works best
when there is mutual understanding about fees, expenses, billing and payment terms. Therefore,
this statement is intended to explain our billing policies and procedures. Clients are encouraged
to discuss with us any questions they have about these policies and procedures. Clients may
direct specific questions about a bill to the attorney with whom the client works or to our
Accounts Receivable Department (accounts.receivable@bbklaw.com). Any specific billing
arrangements different from those set forth below will be confirmed in a separate written
agreement between the client and the firm.
Invoice and Payment Options
Best Best & Krieger strives to meet our clients’ needs in terms of providing a wide
variety of invoice types, delivery and payment options. Please indicate those needs including the
preferred method of invoice delivery (Invoice via Email; or USPS). In addition,
accounts.receivable@bbklaw.com can provide a W-9 upon request and discuss various accepted
payment methods.
Fees For Electronically Stored Information (“ESI”) Support and Storage
BBK provides Electronically Stored Information (“ESI”) services for matters requiring
ESI support – typically litigation or threatened litigation matters. BBK provides services for
basic ESI processing and storage at the following rates per month based on the number of
gigabytes of data (“GB”) processed and stored:
1GB -250GB: $10 per GB
251GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and storage of ESI allows BBK to recover
the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it
charges for processing and storage are lower than comparable services available from third party
vendors in the market. If you wish to contract separately with a third party vendor for processing
and storage costs, please notify BBK in writing. [OPTIONAL BBK also provides advanced ESI
processing services at hourly rates for personnel in its Litigation Support Group. A copy of
BBK’s current rates for such services will be provided upon request.] BBK shall not incur costs
for ESI support on a particular matter without first confirming by email or written
correspondence with the client that the client agrees such services are necessary for the matter at
hand.
Fees for Professional Services
Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal
work we will undertake will be based in substantial part on time spent by personnel in our office
on that client’s behalf. In special circumstances which will be discussed with the client and
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agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time
or other special limitations imposed by the client.
Hourly rates are set to reflect the skill and experience of the attorney or other legal
personnel rendering services on the client’s behalf. All legal services are billed in one-tenth of
an hour (0.10/hour) or six-minute increments. Our attorneys are currently billed at rates from
$235 to $850 per hour, and our administrative assistants, research assistants, municipal analysts,
litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to
$295 per hour for new work. These rates reflect the ranges in both our public and our private
rates. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect
changes in attorney status as lawyers attain new levels of legal experience. Any increases
resulting from such reviews will be instituted automatically and will apply to each affected
client, after advance notice.
Non-Attorney Personnel: BBK may employ the services of non-attorney personnel under
the supervision of a BBK attorney in order to perform services called for in the legal services
agreement. The most common non-attorney personnel utilized are paralegals. Other types of
non-attorney personnel include, but are not limited to, case clerks, litigation analysts, and
specialty consultants. The client agrees that BBK may use such non-attorney personnel to
perform its services when it is reasonably necessary in the judgment of the responsible BBK
attorney. Hourly fees for non-attorney personnel will be charged at the rate then in effect for
such personnel. A copy of BBK’s current rates and titles for non-attorney personnel will be
provided upon request.
Fees For Other Services, Costs and Expenses
We attempt to serve all our clients with the most effective support systems available.
Therefore, in addition to fees for professional legal services, we also charge separately for some
other services and expenses to the extent of their use by individual clients. These charges
include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary
telephone and document delivery charges, copying charges, computerized research, court filing
fees and other court-related expenditures including court reporter and transcription fees. No
separate charge is made for secretarial or word processing services; those costs are included
within the above hourly rates.
We may need to advance costs and incur expenses on your behalf on an ongoing basis.
These items are separate and apart from attorneys’ fees and, as they are out-of-pocket charges,
we need to have sufficient funds on hand from you to pay them when due. We will advise the
client from time to time when we expect items of significant cost to be incurred, and it is
required that the client send us advances to cover those costs before they are due.
Advance Deposit Toward Fees And Costs
Because new client matters involve both a substantial undertaking by our firm and the
establishment of client credit with our accounting office, we require an advance payment from
clients. The amount of this advance deposit is determined on a case-by-case basis discussed first
with the client, and is specified in our engagement letter.
65431.00007\40837438.3
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Upon receipt, the advance deposit will be deposited into the firm’s client trust account.
Our monthly billings will reflect such applications of the advance deposit to costs and not to
attorney’s fees (unless otherwise noted in our accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to costs and then to fees. We also reserve
the right to require increases or renewals of these advanced deposits.
By signing the initial engagement letter, each client is agreeing that trust account
balances may be withdrawn and applied to costs as they are incurred and to our billings, when
we issue our invoice to the client. If we succeed in resolving your matter before the amounts
deposited are used, any balance will be promptly refunded.
Monthly Invoices and Payment
Best Best & Krieger LLP provides our clients with monthly invoices for legal services
performed and expenses incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and other fees for services rendered
through the end of the prior month, as well as expenses incurred on the client’s behalf that have
been processed by the end of the prior month. Processing of some expenses is delayed until the
next month and billed thereafter.
Our fees are not contingent upon any aspect of the matter and are due upon receipt. All
billings are due and payable within ten days of presentation unless the full amount is covered by
the balance of an advance held in our trust account.
It is our policy to treat every question about a bill promptly and fairly. It is also our
policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is,
for whatever reason, refusing to pay. We reserve the right to terminate our engagement and
withdraw as attorney of record whenever our invoices are not paid. If an invoice is 60 days late,
however, we may advise the client by letter that the client must pay the invoice within 14 days or
the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a
problem in the invoice, we must rely upon the client to raise that with us during the 14-day
period. This same policy applies to fee arrangements which require the client to replenish fee
deposits or make deposits for anticipated costs.
From time to time clients have questions about the format of the bill or description of
work performed. If you have any such questions, please ask them when you receive the bill so
we may address them on a current basis.
Changes in Fee Arrangements and Budgets
It may be necessary under certain circumstances for a client to increase the size of
required advances for fees after the commencement of our engagement and depending upon the
scope of the work. For example, prior to a protracted trial or hearing, the firm may require a
further advance payment to the firm’s trust account sufficient to cover expected fees. Any such
changes in fee arrangements will be discussed with the client and mutually agreed in writing.
65431.00007\40837438.3
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Because of the uncertainties involved, any estimates of anticipated fees that we provide at
the request of a client for budgeting purposes, or otherwise, can only be an approximation of
potential fees.
BEST BEST & KRIEGER LLP
65431.00007\40843521.1
List of Existing Legal Service Rates from Surrounding Cities
City
Law Firm
Rates
LSA Date
City of Azusa BBK Retainer
$23,900 per month
Non-Retainer Special Services &
Enterprise Funds
$301 for partners and $264 for
associates and $183 for paralegals
March 2012
Annual CPI
City of La Palma Rutan & Tucker Retainer
$8,800 per month
Non-Retainer/Litigation
$265
Project Reimbursement
$400
August 2022
City of Whittier Jones & Mayer Retainer
$30,000 per month
Litigation & Special Projects
$230 blended
July 2022
City of Duarte Rutan & Tucker General Services
$220 blended
Litigation
$250 blended
Eminent Domain
$255 per hour blended
March 2022
City of Monrovia Richards Watson Retainer / General Services
$20,500 per month
Litigation
Standard hourly rate discounted by
10% not to exceed $335/hr
Employment
$235 blended
Major Projects & Special Services
$235 Shareholders
$220 Associates
November
2021
Beginning
January 1,
2023 and
annually
after, CPI
for previous
year not to
exceed 4%
City of Bell Gardens Atkinson Andelson Special Counsel – Labor Relations &
Employment
$316-$350 Partner
$300 Of Counsel
$240-$285 Associates
June 2020
City of Bell Gardens Liebert Cassidy Special Counsel – Labor & Employment
$380 Partner
$325 Sr. Counsel
$210-$305 Associates
June 2020
65431.00007\40843521.1
List of Existing Legal Service Rates from Surrounding Cities
City of Vernon Rutan & Tucker Special Services Litigation
$370 Partner
$295 Associate
Special Services Advisory
$350 Partner
$275 Associate
May 2020
City of Lynwood Alvarez-Glasman Partners
$220
Associates
$195
Special Matters
$250
September
2019
Source:
City of Bell
Garden’s
benchmark
City of South Gate Alvarado Smith Public, Closed & Special Session
$225
Weekly Department Meetings
$250
All Other Time
$275
September
2019
Source:
City of Bell
Garden’s
benchmark
City of Glendora Aleshire & Wynder Retainer
$18,000 per month
Matters/projects over six hours
$240 Partners
$220 Associates
March 2018
STAFF REPORT
ITEM NO. ______SA-1__________
TO: Honorable Chair and Board Members of the Successor Agency
to the Dissolved Community Development Commission of The
City of Baldwin Park
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Successor Agency To The Dissolved Community
Development Commission of The City of Baldwin
Park Warrants and Demands
SUMMARY
Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community
Development Commission of the City of Baldwin Park to be ratified by the City Council.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was
$928.13.
.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the
California Government Code. Staff has reviewed the requests for expenditures for the appropriate
budgetary approval and for the authorization from the department head or its designee. Pursuant to
Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does
hereby certify to the accuracy of the demands hereinafter referred. Payments released since the
previous meeting and the following is a summary of the payment released:
1. The October 6 to November 3, 2022, Successor Agency Warrant with check number 13593 in total
amount of $928.13 was made on behalf of Successor Agency of the City of Baldwin Park constituting
of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith
presented to the City Council as required by law, and hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Check Register
STAFF REPORT
ITEM NO. ________SA-2_________
TO: Honorable Chair and Board Members of the Successor Agency
to the Dissolved Community Development Commission of the
City of Baldwin Park
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all
cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and
City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report
AGENDA
BALDWIN PARK FINANCE AUTHORITY
REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
November 16, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber
http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10
Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
FINANCE AUTHORITY
Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila - Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member
PUBLIC COMMENTS
The public is encouraged to address the
City Council or any of its Agencies listed
on this agenda on any matter posted on
the agenda or on any other matter within
its jurisdiction. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.
COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public
viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For
further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at
lmorales@baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to
make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
REGULAR MEETING – 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez,
Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist.
The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to
investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o
circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas
por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno
§54954.2]
If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you
will be available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to comments@baldwinpark.com. You will be contacted
by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you are a non-English Speaker and
require translation services in another language other than Spanish, please indicate your request in your communication up to 48
hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for
each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can
be conducted, after which time, communications can resume.
CONSENT CALENDAR
1. Treasurer’s Report – September 2022
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
ADJOURNMENT
CERTIFICATION
I, Marlen Garcia, Secretary of the Finance Authority hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin
board not less than 72 hours prior to the meeting. Dated this 10th day of November, 2022.
Marlen Garcia,
City Clerk
STAFF REPORT
ITEM NO. ________1_________
TO: Honorable Chair and Board Members of the Financing
Authority
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all
cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and
City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report
AGENDA
BALDWIN PARK HOUSING AUTHORITY
REGULAR MEETING
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
November 16, 2022
7:00 PM
Audio Streaming will be available at:
https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber
http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10
Audio Streaming Simultaneously in Spanish will be available at:
https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA
Emmanuel J. Estrada - Chair
Daniel Damian - Vice Chair
Alejandra Avila Board Member
Monica Garcia - Board Member
Paul C. Hernandez - Board Member
PUBLIC COMMENTS
The public is encouraged to address the
City Council or any of its Agencies listed
on this agenda on any matter posted on
the agenda or on any other matter within
its jurisdiction. In accordance with
Chapter 39 of the Baldwin Park Municipal
Code, Speakers must address the
Council as a whole and refrain from
making impertinent, slanderous, or
profane remarks or disrupt the peace of
the meeting.
COMENTARIOS DEL PÚBLICO
Se invita al público a dirigirse al Concilio o
cualquiera otra de sus Agencias nombradas en
esta agenda, para hablar sobre cualquier asunto
publicado en la agenda o cualquier tema que
esté bajo su jurisdicción. De acuerdo con el
capítulo 39 del Código Municipal de la Ciudad
de Baldwin Park, los comentaros deben se
dirigidos al Concilio como una sola entidad, y no
ser impertinentes, difamatorios, o profanos, o
interrumpir la paz de la reunión.
HOUSING AUTHORITY
REGULAR MEETING – 7:00 PM
CALL TO ORDER
ROLL CALL
Board Members: Alejandra Avila, Monica Garcia, Paul C. Hernandez,
Vice Chair Daniel Damian, and Chair Emmanuel J. Estrada
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos será el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by
persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government
Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideración en juntas proximas. [Codigo de Gobierno §54954.2]
If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number
where you will be available between the hours of 7:00 PM to 8:00 PM on October 19, 2022 to comments@baldwinpark.com.
You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. If you
are a non-English Speaker and require translation services in another language other than Spanish, please indicate
your request in your communication up to 48 hours prior to the meeting. If large numbers of persons wishing to speak
are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be
placed on the time for public communications so that City business can be conducted, after which time, communications
can resume.
CONSENT CALENDAR
1. Baldwin Park Housing Authority’s Warrants and Demands
Staff recommends that the Board ratify the attached Warrants and Demands Register.
2. Treasurer’s Report – September 2022
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
ADJOURNMENT
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public
viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For
further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at
lmorales@baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the
Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make
reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II)
CERTIFICATION
I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin
board not less than 72 hours prior to the meeting. Dated this 10th day of November, 2022.
Marlen Garcia,
City Clerk
STAFF REPORT
ITEM NO. _______1__________
TO: Honorable Chair and Board Members of the Housing
Authority
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands
SUMMARY
Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to
be ratified by the Board.
RECOMMENDATION
Staff recommends that the Board ratify the attached Warrants and Demands Register.
FISCAL IMPACT
The total of the Warrants and Demands for Housing Authority was $ 547,858.14.
BACKGROUND
The attached Claims and Demands report format meets the required information as set out in the
California Government Code. Staff has reviewed the requests for expenditures for the appropriate
budgetary approval and for the authorization from the department head or its designee. Pursuant to
Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does
hereby certify to the accuracy of the demands hereinafter referred. Payments released since the
previous meeting and the following is a summary of the payment released:
1. The October 6 to November 3,2022 Warant check numbers 72642 through 72650 in the amount of
$3,344.00 and Automated Clearing House (ACH) In the amount of $544,514.14 were made on
behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith
presented to the Board as required by law, and hereby ratified.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Happy Check Register
2. Happy Check Register ACH
STAFF REPORT
ITEM NO. _________________
TO: Honorable Chair and Board Members of the Housing Authority
FROM: Rose Tam, Director of Finance
DATE: November 16, 2022
SUBJECT: Treasurer’s Report – September 2022
SUMMARY
Attached is the Treasurer’s Report for the month of September 2022. The Treasurer’s Report lists all
cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the
Successor Agency to the Community Development Commission (CDC). All investments are in
compliance with the City’s Investment Policy and the California Government Code.
RECOMMENDATION
Staff recommends that the Board receive and file the Treasurer’s Report for September 2022.
FISCAL IMPACT
None
BACKGROUND
City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and
City Council on a monthly basis.
LEGAL REVIEW
Not Applicable
ATTACHMENT
1. Exhibit “A”, Treasurer’s Report