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2000 - Los Angeles County Subaward Agreement - Census 2020 Education & Outreach Activities
Of LOS 71A/ 0 :1'11 ii .*- (.) _ 7cl-cc PAr-4 .r rill . ?t, cAiLipook\P- SUBAWARD AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ROSEMEAD FOR CENSUS 2020 EDUCATION AND OUTREACH ACTIVITIES SUBAWARD AGREEMENT FOR CENSUS 2020 EDUCATION AND OUTREACH ACTIVITIES THIS SUBAWARD AGREEMENT ("Agreement") is made and entered into this day of h J r. , 2020. • BY COUNTY OF LOS ANGELES,a body corporate and politic and a political subdivision of the State of California, hereinafter referred to as"County", AND CITY OF ROSEMEAD, a municipal corporation, hereinafter referred to as"City." WITNESSETH WHEREAS, the County was awarded a total of$9,393,090 in funding to conduct 2020 Census-related education and outreach activities, and to initiate targeted outreach strategies(Project); . WHEREAS,on January 29, 2019,the County Board of Supervisors authorized the Chief Executive Officer to execute agreements with public entities, community-based organizations and other entities to carry out the above activities consistent with all State requirements;and: WHEREAS,the Parties have been authorized to execute an Agreement for the not to exceed amount of$28,421 for the Project. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein the parties hereto agree as follows: 1 A. APPROVED FUNDING AND PURPOSE The County hereby grants to the City an amount not to exceed $28,421 (Agreement Funds)which will be used to engage in Census 2020 education and outreach activities that focus on both geographic areas and demographic populations who are "least likely to respond: These areas and populations are commonly referred to as "Hard- to-Count (HTC)." The terms "least likely to respond" and "HTC" are terms of art and are often used interchangeably. HTC or"least likely to respond"areas or populations are areas or populations, which based on multiple demographic, housing and socioeconomic variables factors, have been judged as difficult to enumerate by the California Department of Finance Demographic Research Unit. Activities carried out under the term of this Agreement shall achieve the following objectives: B. OBJECTIVES EDUCATE 1. Inform the public about the census process, purpose and timeline. 2. Inform the public of the importance of the census.The State will receive billions of dollars in federal funds for education, health care,job training,transportation and other vital services based on the census numbers.The federal government also uses census data to determine how to apportion the House of Representatives seats among states. 3. inform the public that the census data is confidential. No one except sworn U.S. Census Bureau ("Census Bureau") employees can see the complete census questionnaire forms or link names to responses. The Census Bureau requires that any individual with access to census materials adhere to strict confidentiality and security guidelines.The law, Section 214 of Title 13 of the United States Code,entitled the"Wrongful Disclosure of Information,"sets forth severe penalties applicable to federal government officials and local government census liaisons if they misuse information they receive•from the census responses. These penalties include fines up to $5,000, 5 years in prison, or both. The Census Bureau's dedication to confidentiality plays an important role in everything it does. All employees must pass a security and employment reference check,swear they are not employed as tax collectors or assessors or law enforcement officials and establish they have no felony convictions as adults. The Census Bureau employs a host of safeguards,such as electronic barriers and secure telephone lines, to block outside access to any confidential information in Census Bureau computers. 4. Identify areas and populations within City's local jurisdiction that are least likely to respond, as identified in Task 1.2 of Exhibit A of the Agreement. 2 • MOTIVATE 5. Alleviate the fear of completing the census questionnaire. Instill trust that the government is not legally permitted to use this data in a negative way. No one outside the Census Bureau is permitted to be given any information to link names to addresses on the census questionnaire. 6. Utilize trusted messengers and sources to encourage members of the public to participate in the census by completing their census questionnaire. 7. Where possible, the City should assess messaging efforts, outreach and tools. ACTIVATE 8. Engage trusted messengers in trusted environments to help the public participate in the census. 9. Conduct and participate in community gatherings and other forums to rally the public to participate in the census. 10.Collaborate with other stakeholders and across sectors to activate the public to participate in the census process by filling out the census questionnaire. C. APPLICABLE DOCUMENTS Exhibits A, B, C, and D are attached to and form a part of this Agreement. EXHIBIT A—STATEMENT OF WORK EXHIBIT B- BUDGET DETAIL AND PAYMENT PROVISIONS EXHIBIT C—CALIFORNIA VOLUNTEER PLAN GUIDANCE LETTER EXHIBIT D - US CENSUS 2020 QUESTIONS AND ANSWERS FOR STAKEHOLDERS SUPPORTING THE 2020 CENSUS D. STRATEGIC OUTREACH DEVELOPMENT AND IMPLEMENTATION The City shall design and implement a multi-faceted, multi-channel, multi-lingual cohesive strategic outreach plan to reach all census audiences within its jurisdiction.The overarching strategic plan should address broad census goals and objectives and specific outreach strategies,as well as integrate with other outreach 3 efforts. The plan shall be submitted to the County Chief Executive Office as described in Exhibit A,Task 1. E. AGREEMENT TERM The Period of Performance ("Term") of this Agreement will commence upon full execution of this Agreement through September 30, 2021. The City shall not receive payment for work performed prior to approval of the Agreement and before receipt of notice to proceed by the County Contract Manager. F. USE OF FUNDS City must obtain written permission from County prior to using Agreement Funds for any activity not expressly included or provided for in this Agreement. Except as indicated in Section G below,goods and services purchased with Agreement Funds shall not have a useful life beyond the scope and time frame of the 2020 Census. Therefore,at no time shall Agreement Funds be used to secure property,computer hardware or software, copy machines, furniture, or any other non-consumable product. City is further prohibited from using Agreement Funds for phone banking or otherwise placing calls (through robo calls or person-to-person calls) to individual households regarding the census. City shall also review and adhere to all State guidelines and rules regarding the establishment and/or operation of CAKs/QACs including but not limited to,attending State training re CAKs/QACs and adhering to State monitoring regarding CAKs/QACs. City shall also review and adhere to all Federal and State guidelines and rules regarding census outreach including but not limited to Federal rules and guidelines included in Exhibit D. Agreement Funds will be disbursed according to the schedule and requirements outlined in Exhibit B. To avoid duplication of efforts and/or misuse of funds,all funds provided by County pursuant to this Agreement, must be used to address existing gaps in census outreach City further agrees that funds from County pursuant to this Agreement shall be used for outreach focused solely on HTC populations in Los Angeles County, and shall be limited to the following approved activities: 1. Outreach activities/community events to educate and/or encourage HTC populations to complete Census questionnaire 2. Purchase of outreach materials(banners,bus wrap-arounds,flyers, etc.) 4 3. Distribution of collateral/flyers 4. Translation/interpretation services 5. Media outreach 6. Canvassing of HTC areas through May 12,2020 7. Form-filling assistance 8. Pledge cards(creation and/or distribution) 9. Workforce development—coordinate with U.S.Census Bureau to promote local hiring of Census enumerators. It is known that hiring locally for these critical jobs is an important factor in establishing trusted messengers that may impact the enumeration positively. Trusted messengers are individuals, groups, and/or organizations that hold an established position of trust in the community and include but are not limited to, ethnic media and community leaders who are positioned to share culturally appropriate messages for the purpose of promoting census engagement within communities. 10.Non-Response follow-up (NRFU) activities during May-July 2020 directed at members of the public who have yet to complete the Census questionnaire. G. PROMOTIONAL ITEMS 1. In general, Promotional Items (giveaways,sweepstakes prizes, incentives, etc.) with a value of$5 or less may be purchased for census outreach. Cost for food used as a promotional item shall not exceed$5 per person. 2. If City elects to use Agreement Funds to purchase gift cards and/or travel tokens/passes as promotional items for census outreach, City must possess, and make available to the County for inspection and copying upon County's request,records showing the establishment and implementation of appropriate internal controls of cash operations (including liquid assets such as gift cards and travel tokens/passes)to maintain the integrity of such items. Such internal controls must include but not be limited to, a separation of duties ensuring that one individual does not control all key aspects (receiving, reconciling, and recording, etc.)of such items. 3. City must maintain a written list of all participants who receive Promotional Items including signatures of all such participants. 4.The following are not eligible to receive any promotional items exceeding$5 that is purchased with Agreement funds: 5 a.Officials and employees of City and City-related agencies; b. Persons involved with or participated in the development and execution of any promotions; c. Members of the immediate families (defined as parents, children, siblings spouse and life partners) of those identified in subparagraphs 3(a) and 3(b), of this Section. 5.All federal, state,local and municipal laws and regulations shall apply. • H. FINANCIAL RECORDS 1. The City agrees to maintain satisfactory financial accounts, documents and records of expenditures and to make them available to the County for auditing. The City also agrees to retain such financial accounts,documents and records in compliance with the approved records retention policy of the City and for at least five (5)years following the expiration of this Agreement. 2. The City agrees to use a generally accepted accounting system. The City also agrees to maintain, and make available for County inspection and copying, accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. 3. At any time during the term of this Agreement or at any time within five(5)years of the expiration or prior termination of this Agreement, authorized representatives of the County may conduct an audit of City records for the purpose of verifying the appropriateness and validity of expenditures under the terms of this Agreement. 4. The City, within thirty (30) calendar days of notification from the County of its audit findings, may dispute the audit findings in writing to the County and provide the County with records and/or documentation to support the expenditure claims. The County shall review this documentation and make a final determination as to the,validity of the expenditures. 5. The City will provide the County's Chief Executive Officer within ninety (90) days after the end of the City's fiscal year ending in June 2021, a report itemizing actual expenditures funded by monies received pursuant to this Agreement. 6. It is understood and agreed that any County Funds paid to the City hereunder may only be used for the purposes specified in this Agreement. In furtherance of this understanding, it is agreed that should the County determine that any Funds paid to the City hereunder have been used for purposes other than those authorized by this Agreement,the City is required to refund any such Funds to the County within 30 calendar days. 6 UNUSED OR MISUSED FUNDS OR PROPERTY 1. If there are any unused funds at the expiration or termination of the Agreement, City shall return any such funds to the County within 30 calendar days. 2. City shall not purchase any property that is not authorized by County as part of the Project. The County reserves the right to take possession of any property purchased with misused County funds as determined by the County if City fails to make timely repayment of such County funds. 3. Nothing contained in this Section I shall limit or prevent the County from taking any and all action to seek repayment of unused County funds or County funds that were not used in accordance with the terms of this Agreement. J. TERMINATION 1. The County reserves the right to terminate this Agreement without cause upon sixty(60)days advance written notice to the City. 2. City may submit a written request to terminate this Agreement only if the County should substantially fail to perform its responsibilities as provided herein. 3. The County may terminate the Agreement for cause. The term "for cause"shall mean that the City fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the termination of the Agreement shall be effective as of the date indicated on the County's notification to the City, In the event of such termination,the County may proceed with the work in any manner deemed proper by the County and all costs to the County shall be deducted from any sum due to the City under this Agreement. 4. Other than provided by Section J(2), Notice of termination shall be given, in writing, at least sixty (60) days in advance and shall be complete when delivered to either party. 5. The parties may agree to suspend or cancel the Agreement if the City or the County's premises or equipment are destroyed by fire or other catastrophe,or so substantially damaged that it is impractical to continue service, or in the event the City is unable to render service of any action by any governmental authority. 6. In the event of termination,the City will provide a detailed report of expenditures and the balance of the unexpended amount will be refunded to the County within thirty(30)calendar days of the termination. 7 • K. INDEMNIFICATION The City agrees to indemnify, defend, and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, actions, causes of action,or expense of any kind, Including, but not limited to, defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the City's participation in this Agreement, including any workers' compensation suits, Federal Fair Labor Standards Act, State wage or hour law violations, liability, or expense, arising from or connected with services performed by or on behalf of the City by any person pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. L. CONFLICT OF INTEREST The City covenants that neither the City nor any of its agents, officers, employees, or sub-contractors who presently exercise any function of responsibility in connections with the Agreement has a personal interest, direct or indirect, in the Agreement, except to the extent he or she may receive compensation for his or her performance pursuant to this Agreement. The City, its agents, officers, employees, and sub-contractors shall comply with all applicable federal, State, and County laws and regulations governing conflict of interest. M.- AMENDMENTS 1. Any change in the terms of this Agreement, including the performance period of the Agreement and any increase or decrease in the amount of the • Agreement, which are agreed to by the County and the City shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. 2. Such amendments shall be authorized subject to the approval of County Counsel as to form. N. NOTICES AND APPROVALS All notices, reports and approvals shall be directed to and made by the following representatives(collectively Agreement Managers) of the parties: 1. To the County: Chief Executive Office Attn: Naftali Sampson Service Integration Branch 222 South Hill Street, 51h Floor 8 Los Angeles, CA 90012 2.To the City: Rosemead City Hall Aftn: Ericka Hernandez 8838 E.Valley Boulevard Rosemead, CA 91770 O. NONDISCRIMINATION The City shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of the Funds paid to the City pursuant to this Agreement. P. COMPLIANCE WITH THE LAW The City shall comply with all applicable Federal, State, and County laws, regulations and policies in connection with its activities pursuant to this Agreement. Q. SEVERABILITY If any provision of this Agreement, or the applicable thereof, is held to be invalid, that invalidity shall not affect other provisions or applications of the Agreement that can be given effect without invalid provision or application, and to this end the provisions of the Agreement are severable. R. RIGHTS AND REMEDIES NOT EXCLUSIVE The rights and remedies of the County provided in any given paragraph,as well as throughout the Agreement, are not exclusive and are cumulative with any and all other rights and remedies under the Agreement, at law,or equity. S. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties hereto,and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both County and City. T. EFFECTIVE DATE The effective date of this Agreement shall be on the date this Agreement is executed by the County's Chief Executive Officer. City is prohibited from using Agreement Funds for any outreach efforts or activities that occur prior to the effective date of this Agreement. 9 U. ASSIGNMENTS AND SUBCONTRACTS City shall not assign its rights or delegate its duties under this Agreement, or both, whether in whole or in part, without the prior written consent of the County, in its discretion,and any attempted assignment or delegation without such consent shall be null and void. Any assumption, assignment, delegation, or takeover of any of City's duties, responsibilities, obligations or performance of same by any entity other than City, whether through assignment, subcontract, delegations, merger, buyout, or any other mechanism, with or without consideration for any reason requires the County's prior written approval. Failure to obtain such written approval shall be a material breach of this Agreement. In the event City assign,delegates,or subcontracts its duties under this Agreement to an organization receiving, or scheduled to receive census outreach funds from County, City must demonstrate how the duties and/or obligations considered are separate and distinct and that such assignment or subcontract will serve to fill an existing gap in Census outreach. V. COMPLIANCE WITH FAIR CHANCE EMPLOYMENT PRACTICES City shall comply with fair chance employment hiring practices set forth in California Government Code Section 12952, Employment Discrimination: Conviction History. City's violation of this paragraph of the Contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract. W. COMPLIANCE WITH THE COUNTY POLICY OF EQUITY City acknowledges that the County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in the Count Policy of Equity (CPOE)t .,�4,Jy •f� m t ga 1 1'= The City further acknowledges that the County strives to provide a workplace free from discrimination, harassment, retaliation and inappropriate conduct based on a protected characteristic,and which may violate the CPOE. The City, its employees and subcontractors acknowledge and certify receipt and understanding of the CPOE. Failure of the City, its employees or its subcontractors to uphold the County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject the City to termination of contractual agreements as well as civil liability. 10 IN WITNESS WHEREOF, the City has executed this Agreement, or caused it to be duly executed by its authorized representative, and the County of Los Angeles by order of its Board of Supervisors,has delegated to its Chief Executive Officer the authority to execute this Agreement on its behalf on the date and year written below. CITY OF ROSEMEAD _ �t2E31 202_0 - to•- Molleda Date City Manager - ATTEST: EriCha Fernandez City ClerI� a By: i/28/2-®id Date APPROVED AS TO FORM FOR THE CITY: Rachel Richman City Attorney By: ,•, _ • 2 7124 2 Dat COUN Y OF LOS ANGELES >_� B•�� . .. tU c�.cSachi A. Ham.i ' Date Chief Executive Officer APPROVED AS TO FORM FOR THE COUNTY: Mary C.Wickham County Counsel By: 1- V 1Tirc1 -15-at ( /2-62-0 Dat Principal Deputy County Counsel 11 EXHIBIT A RESPONSIBILITIES & REQUIREMENTS A Council resolution, order, motion, ordinance or similar document shall be received by the County before the parties can enter into a valid subaward Agreement. A list of all tasks and deliverables are set forth below. Administrative Requirement- Board Resolution The City is required to have a legally binding resolution, order, motion or ordinance or similar document from the City Council authorizing execution of the agreement. Task 1 -- Strategic Implementation Plan In order for City to directly receive its census funding allocation, the City must provide the County with the City's Strategic Implementation Plan, which shall address subtasks 1.1 through 1.8. The County's Chief Executive Office must approve(in writing)the Strategic Implementation Plan. 1.1 Outreach Plan —City shall provide a plan that includes a local, grassroots approach to reaching the least likely to respond (HTC)with specific strategies, tactics and timeline(s), as well as description of specific collaboration(s), partnership(s), and leveraging of resources to achieve the highest self-response rate on the census 2020 questionnaire. Further components are listed below: 1.2 Approach —City shall describe its approach to outreach, including: U Identification of least likely to respond areas and populations vis-a-vis census blocks within the local jurisdiction (to locate the census blocks within your City that qualify as HTC based on the CA-HTC Index and/or the U.S. Census Bureau's Low Response Score (LRS) please refer to the following link: http://arco.is/1 PVCTz). • Identification of specific strategies, tactics and timelines to educate motivate and activate City's HTC areas/populations ® How will the City utilize partnerships and leverage resources via approved activities/expenditures to achieve the highest self-response rate on the 2020 Census Questionnaire. 1.3 Partnership Coordination -- City shall provide a plan showing its integrated and coordinated approach working with the US Census Bureau, the California Complete Count Committee, the County Complete Count Committee, schools, community-based organizations, and other civil society organizations to avoid duplication and to identify methodology to address gaps. 1.4 Language Access Plan —There are over 200 non-English languages spoken across the County. City shall provide a plan that includes strategies, tactics and resources, including partnerships, to address language access in the local jurisdiction. City's plan must be consistent with the requirements of the California Complete Count's Language and Communications Access 12 Plan, as further delineated at '0i).rotalTN:6211 1.5 Budget—City shall provide a budget proposal for the City's allocated funding provided by the County including, but not limited to: • Administrative costs (not to exceed 5% of total allocation) • Outreach (e.g. events, meetings, materials, etc.) • Media 1.6 Volunteers— City agrees that if City intends to utilize volunteers pursuant to this Agreement, such use of volunteers must abide by State requirements as indicated in Exhibit C, regarding the use of volunteers during 2020 Census outreach. 1.7 Timeline of activities during the term of this contract. 1.8 City shall describe its intention to measure results throughout the contract. City shall include specific details in its Strategic Implementation Plan such as: ® Accountability Measures • Data to be collected —Type and Quantity ® Evaluation Methodology/Approach Task 2—Activities Report 2.0 Immediately upon contract execution, City shall submit on a monthly basis, an Activities Tracking Sheet documenting any events held and/or expenditures made using Agreement Funds. Task 3 -Written Progress Report 3.0 No later than February 14, 2020, City shall submit a written report to County which must include: • Completed Activities Tracking Sheets so that information is prepared for SwORD data uploads, © Language access plan updates • Calendar and event updates • Budget Update • Other criteria to be determined by the County (e.g. Activity Summary, Deliverable Status, Concerns/Issues) Task 4- Final Report 4.0 A final report is due on August 31, 2020. At a minimum, the final report shall include: • Local response outcome including specific self-response rate 13 • Detailed report on strategies, tactics and timeline(s)used throughout the outreach campaign • Lessons learned and best practices that may inform subsequent census outreach efforts in the focal jurisdiction • Evaluations, criteria used and further recommendations for 2030 Task 5—Final Expenditure Report 5.0 A final expenditure report is due on within ninety(90)days after the end of the City's fiscal year ending in June 2021. The final report shall itemize actual expenditures funded by monies received pursuant to this Agreement. 14 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. INVOICING AND PAYMENT Cities with allocations greater than $10,000,00 will receive funds in increments. 'Following satisfactory completion of the milestones outlined below,and upon receipt and approval of the appropriate invoice, the County agrees to compensate the City in accordance with the rates/costs specified herein. BREAKDOWN OF PAYMENT Total Allocation: Milestone Payment Payment Anticipated Payment Percentage Amount Date Strategic 1 Implementation 50% $14,210.50 Upon County Approval Plan 2 Progress Report 40% $11,368.40 Upon County Approval 3 Final Report 10% $2,842.10 Upon County Approval Total Contract: $28,421.00 The City will become eligible for the funds described above following the satisfactory completion of each milestone outlined above. Prior to disbursement,the City must submit an invoice pursuant to Exhibit B, Section 1A. In no event shall the City request or be entitled to reimbursement from the County for obligations entered into or for cost(s) incurred prior to the effective date or after this Agreement terminates. A. The City shall submit invoices, in accordance with the payment schedule above. Each line item listed on invoice must represent an allowable or approved expenditure. Invoices must include the following: 1) Agreement number; • 2) Invoice number; 3) Invoice date; 4) Invoice total; • 5) City's remittal address; 6) Billing and/or performance period covered by invoice; B. Invoices shall be submitted physically to the address fisted below: County of Los Angeles—Chief Executive Office 222 South Hill Street,5th Floor Los Angeles, CA 90012 Attn: Naftali Sampson 15 2. BUDGET CONTINGENCY A. it is mutually agreed that if the State's Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program,this Agreement shall be of no further force and effect. In this event, the County shall have no liability to pay any funds whatsoever to the City or to furnish any other consideration under this Agreement,and the City shall not be obligated to perform any provisions of this Agreement B. If funding for any fiscal year is reduced or deleted by the State's Budget Act for purposes of this program,the County shall have the option to either cancel this Agreement with no liability occurring to the County or offer an agreement to the City to reflect a reduction in the amount. 3. TIMELY SUBMISSION OF FINAL INVOICE A. A final undisputed invoice that is clearly marked "Final Invoice" shall be submitted for payment no more than thirty (30) calendar days following the expiration or termination date of this Agreement. B. if the County disputes the Final Invoice or any item in the Final invoice, the County shall provide written notice to the City describing the reason or reasons • the County's disputes the Final Invoice, and the City shall be required to submit a corrected Final Invoice to the County no later than ten (10) calendar days after the date the City received the County's written notice. C. If the City fails to submit a corrected Final Invoice within the time required,or if the City's corrected Final Invoice fails to correct the disputed item, the County shall have the right to elect to deny payment of the disputed item and pay only the undisputed amounts under the Final Invoice. D. The County may, at its discretion, choose not to honor any final invoice submitted after the deadline specified in Exhibit B, above if the City fails to obtain prior written County approval of an alternate Final Invoice submission deadline. • Id Exhibit C STATE OF CALIFORNIA Gavin N?tvcom,Governor CA CALIFORNIA COMPLETE COUNT CENSU5 400 R Street. Suite 350 Di as Katague ?0:71,1Sac.am-to,;'•1 95)r r ct;: ,_; ;'II52 v2e Dear Contractor: As you are completing your Strategic Plans. t wanted TO provide oddit-oral information to you regarding your Voluifeer Plans should you choose to use volunteers. The use of volunteers in your census outreach efforts is optional, if you opt not to use volunteers, your plan can be simply a letter stating that your organization wil not be using volunteers. Should your organization choose to use volunteers in your census outreach activities, your organization must adhere to standards and guidelines set forth below. VALUE OF VOLUNTEERS Volunteers bring needed cost efficiencies. energy, enthusiasm, and willingness to help further the CCC's mission. By engaging volunteers, the California Complete Count Census 2020 effort can develop ci strong group of supporters who are passionate about their 'Stole and the importance of achiev'ug a complete count in the 2020 Census. Trained volunteers can bring community connections and personal networks to educate, motivate and activate Californians to participate in the 2020 Census. A diverse Group of volunteers provides opportunities to involve representative;; of HIC populations and communities. In addition, volunteers con contribute tangible economic value not in the form of financial donations, hut in time cud service. STANDARDS AND GUIDELINES A. Should your organization choose to utilize volunteers for census outreach efforts, your Volunteer Plan must include the following: I. Use of Volunteers, Your Volunteer Plan must describe how your organization plans to use volunteers to perform census outreach activities, including the services they will be performing and how they will be trained and supervised. Volunteers should be representofi-.,e of California's diverse population 2. Insurance. Prior to Inc utilization of volunteers to perform outreach ser/irec under an approved Volunteer Eton, the Contractor must fake reasonable steps necessary to extend insurance coverage for volunteers who ore perfcrn'rir;'7 2020 census outreach se:vi=es, Coverage limits must be per LETTER TO CONTRACTOR RE:VOLUNTEER PLANS occurrence as set in the Special Terms and Conditions applicable to the contract between the CCC Office and Contractor for commercial general liability,auto,and worker's compensation (see California Labor Code section 3363.6). a. Release and Waiver of Liability—in the event that the Contractor's insurance plan does not extend Workers' Compensation Insurance and Automobile Liability Insurance Coverage to volunteers, the Contractor shall require all volunteers to complete a Release and Waiver of Liability(see attachment A). 3. Background checks. As stated in your contract with our office, Contractors must have non-discriminatory history background check policies and procedures in place, and adhere to them for hiring and retention of community outreach. Background investigations promote public safety and may minimize liability exposure. It is Contractor's responsibility to determine the appropriate level of background check,including criminal and health,if any,for each type of volunteer.In some instances it may be determined that the appropriate level is"none."Consultation with local legal counsel may assist in making its decision. It is also prudent to verify professional licenses or certificates, when these documents are pertinent to the duties of the volunteer. • We are not being prescriptive as to your approach to background checks. However,if you decide to perform a background investigation, some considerations may include the: • scope of volunteer service duties required • interaction of the outreach volunteer with the community,especially with respect to children and the elderly • who will pay for this service • who will update records • discovery of potential findings and what criteria to use to make decision For volunteers who will have regular or direct contact with minors (i.e., going door-to-door,volunteering alongside minors,attending outreach events where minors are present),Contractors must verify if applicants have been included in any state or federal sexual offender registry. Contractors may access records from the Megan's Law website (http://www.meganslaw.ca.gov/) to conduct a California state sexual offender registry check.For a national sexual offender registry search, Contractors may access the U.S.Department of Justice's website Page 2 of 3 LETTER TO CONTRACTOR RE:VOLUNTEER PLANS - (www.nsopr.gov) and/or the Federal Bureau of Investigation's website (www.fbi.gov/scams-safety/registry). 4. Contractor's Volunteers. Contractor shall make clear in writing to its volunteers that they are performing volunteer services on behalf of Contractor's organization and not the State of California or the CCC Office. 5. Confidentiality of Personnel Information. a. Confidentiality of Volunteer information. Please be aware that any personal information relating to volunteers collected by the Contractor's volunteer manager is subject to the confidentiality protections afforded by the Information Practices Act of I977 (IPA). In addition, b. Confidentiality of Information Gained by Volunteers. Contractor shall ensure that the contractual confidentiality provisions applying to Contractor and its affiliates are applied to Contractor's volunteers. Contractor's volunteers shall not use or disclose any personal Information belonging to any individual gained by virtue of doing census-related outreach work. Sincerely, Ditas Katague " Director • • Page 3 of 3 ki 1 Exhibit D . . . . . ...... ,,,„ . . . . . . . . . , . Questions and Answers for Stakeholders . . %...-. Supporting the 2020 Census. • — • . ' . 1 . . . . . . . . .. . . . . . . . . . ... . . . I i..! .r1:.i,S' '...I T.',I...“T,LI t.'in ,'S,,0,Iq C.''' t.n I'. S r..',['7.., r.'',::'..!i '1;".I i LK 11 k.jc :iiir ii,ii ;iii.ii; iiiii i,i,„-:li ziiii, ti-, js7ir015 !:ase:)or,:ianizai.mns, (,,i,,11:-.,,--i, vii,i riiiiiiiiiriiti,-,:i ri-,11, ,,vis stii ,,,ii-iii,)ii-,iiii.iiis. vinil f,,.ib! :.i.ize tiiiiii, 2020 ii2eiiisLii, nod encourage 1hi-2 public r„Li: rescioiiici:. i,iis-:-in tiiiat the 220 '...ensiiiis .....iii! anci fpni-,11,-_, iii,isporise options., sTakehold2ts can supoort this :"..,?h!,,..i, ,I1 I .:,,'i ,V,"ry'S. ih,:lt.:Ciiiic1 h',./rinaii..nig iiiilectrorin:cicn. Cefi aVgiiiDbie to the publiiz ror respcnse in riiiispi:in.,,e to wilesprid stati.pholciri recir-iiisls, Il-ci Ce-,sLis Bi,ite.,liii . orriiiiidincy the foll.i:iwiricrii, inii-oi- rhati.Dri thi vdo seers support tlii,.., 2020 Ci.i:ti‘Ais While,:-.E CII.ipret..!12j.e iliQ CiE,:liCated &lois . • of sli-Yr,iiiriiholclrs lo support a ciamplte and acittra(rri: ::our:, only the Censiis F.Skiriali is -,,,ithc.,1•17,,?..irl to COlieCi dilt71 from the public, and only the Census BLCa.t can offii:f ccolifticoi-ialiry protected by l ,,..,. For those reasi7ms. the Census Bureau is providing the following rri.sponscYs to stakeholder iadestions. How can you support 2020 Census response? . • En:ouracye peopio to respond tin the census onlint,:i, by 0hC.11i,. ---.r.by mail. Perrundthiiiinn to , , • count ci,,:i.rijorile hoop ir thi,Nr hncine even n'they ii::rc.-.. not related . . .• Let peopl0 kricii,v that there are.lo:ral, fle4iit.:,le. -..e.-ripor or y lobs a i.,....fillai,:i1,3, at the Census Bi real: . to ii,iork on tiii.i 202r) census. •)--,12-F •%, enci.Dui age them to aprily t,.-_,..iiiiili, F)i,, . , • ty,“--ilaii toil fi-,,i2 •iiipriii,:i Ii-.inn in :1=aii..hhouse.hold in7.1i_i,ii..iino iiie...\-boims oldi wiciivrcji, is. ..70,,iii iii,iecipiti, WhO ..-1,D.P. (Wit tern ly in,,..Nnit.),-,..rs, si iouv.,1 be cipurited oni tire 10,-,,..se.hsiii_i's 2020 t_ •21,sip., • if cieople express to ,IC,..i that i3)":2y are unsiiiri,it oil'ors cc- tic-;i h-i7in-iia-ii 0O' pi the 202'; ISO/c IriC1,..cied thir.ini. you snii-)i.ild advise: Liiii.,,iin cc ceii riolete ii.ii.:. -„,iiiiii20 c- ,,iiitii-, on 7.,h.:,..-r cw,iiI Fin-.l iniii,,,I.zi r.,,,,erychie liyin;_j In thei,hoi.,e1,,,,?hikl ',•--,h0(,!ri.2ri r'I);1 relaLR,,es, Find :Driler in/n,- hro's) :.,J,-.--,,r1 if hey think otiors mai; 1""1%,.."! ,i1r.jCidy ii-c,iii-i.noimed rho: Cc- os Bureak. has bro,ciiy.;,:i, ic Place cc reisokie ciuplicate si.iiiiii•iissioiis. • riiiiiiiiii cc oeicq.:.iiii, i.0 cooperate with i.iiiei•.,:itis coke's if th.:..,i,,, ii,iii,, i, th..1.,r • Eiiiiii;ii-iaS,iiii 711,3,. the 2021) Census is S.i,iiIC) FID: 5.'f Can you make devices available to the public for response? , . • if ,:,,I.: .,.•.:9ke ii.ii.i,:viceii: iiiipii,..iri:li h., in.? pool'-: re alli--,w Livi,iiii.i•di.,--iiiii, I ...,oov-iii., for Co; iiiii,ispoii,,,i,,,,i,s iJii, Jiiir„. ,.,020 LeriSmi, then :hosis, ciii,:ii, ;_,-,i2; Si;); ):; 0;.- iiiiiiriiiii, cc,/.:Iiir;t:.:h2- at El 1 o'../&'q- CH. (01-0Sl il;i:31lnl li:ii:•E.tlIl'I'' 111.- .7i n..Orll'nlinli/,' Sot' s Pl,'il:e •:jf y'..r.,IS:llp C., E„.. .......-I. ,..... . , .. 'l , n . Shape Efrifted$thIps .. your future Census , . START HERE> 202.0 , ;,.. . . _ . . . _ . ... .. . ._ . .. . . . . . . . . . . _... . , . . . .. . . . _ . . . _ . . ..... . • . . • recressn: t Cr••••••sps Bur How do you make a device available to the public for response? inC ons . Bdr,z2au hic h•uilt SySlc-.?u, (2,.:11!Cd...A.• Frncr (1'011-lent resner cc suOrni:te-1. theycc Ymrtrd t11; rne,nsures that meet federal cover!)rent cvbc -c. d: ire Census Bureau cannot end docs notprotect any ciesrcr that y'OU cIV,t;c?. t.11G: oubtc for respoose. Em Bureau )il•s to croq!ter! ;tce rir SeCtolt y any such device or any sytonas. or networks s.,ledort,rig 0 clevir.d. The Census Rgread is ;Igt resporlsible for provlding devic.e. systems Or 1 v,arm sur,t3•.-wt. ad It ,lot re,.;ponsible for divy faiLirs those devices, systems, or herwhr' s therefore any entity iraking devices avallaple to tee p,fh- hc should (_)ifc.,-,•./ host practices For seCuriilcicle% cot anct hetvlorks. The DcIpartmert of Horny-lend Cybqrr,-,,er..urity an:1 iniu:structurf,: Sec,.irr;-y s Web site tirovid,.n steps is tenure deviccs. • • Software updates. Frisur,7.• ihe latty•--.r a••••• • Internet Browsers. Please ;rake sure yu.jr •..1CV [cosi rocenr. of the r:)(lowingInternet UruxserS or- vii .1111,s: 2022 Cairns s-re F.,•.<ptaror. Eck-j?. enrd•rne. 'Ls,;;Ic,ts...111:1) Nato: b;r-p,,,,cr. • Link to 2020census.gov. Pieii do nor. Cr-ante 1,•terTiCe at'to 2020 site. i•-lstcr.-ria co.ir ;..10'1;• (.] 2t)2,;ce•yi,,,.rip. This tincli.3nstan;:i Lhnr tire 2020 • Do not collect response information from outside the Census Bureau's online form. tot pc)!Ie.c.t- !nformedp•ri f y013 ntend to IrY.(73, to tha Census 2020 re5r)p.•, c; e•arnp;e. tic-.) not datrier •• f•-:gr-I- i1 ,.)C1 paper and late, try S • Password for wireless connection. If Ih;er•tlr,t a please c recpores ar., tsr - • Multiple responses from a single location. b•:- a Bureau it ther,:, ere r• rcsr,or(! Wf: S,IPH-rt • Shape United State-5 your future Census • START HERE> 2020 • . . Can you assist people with their response? • : I; L • :r-,,,,i,-,c1u<1;•5 If a merebe, atft,,,? r..--c-1.„?sts „.-fDrriple.tinq than di'u- i :lr'rn Ian response notion traii/PaPE:q. cc sans tnkae Vitot to I1Or11 !) rocir ner?cl,,„ For example, if an in respUncing online :iml ess:s!an:-.e„ Or if a person who is 1:Thrici rect,.:e,..ts help with the anti no response Web eta. rilonae eocourdga„ thr?rn to 1.,,,soorld through Ole phone response option. instead of the ole oonann. IF they Still request your ass none ,a-[I'ori-)u rospc,,rise, you Can provide tnis assistance but please inform them Olaf. you are ;1,-A- a C.1"-nsus Bureau employee and therefore their answers are rot protected by law With you. [her response is only protected by the Census Areail once their response is rQcoived. Should you visit homes to encourage response? the Cens,,is Bureau a;).,,,:reclates, tie v.orts i.at ri-a pobi : , 20'30 C:,:.?c1:-.US I5 imoor-taut a-d to emcoomwnia r.fiern res;,mhci. +No i•e:„orjr;!zi, that nay c.neo'te an: accrcrnplish tHs eLlur.: ,.;• cnr2,-.,,.;a1,:on be -pa; chicv-to-f:oor While the Census Bune:':u encour:ic.ms st.-iv.ehT;I'i•ers to rake deviceF availaole at p.t.r..),I:c events ii rulalic clones. (has low 1::—Q,Jents torn. coIlo;tiana census Oa.? SO you roa,,, 2u2t1; nun-sus any If you choose to go door-to-door: • yo„ shr,..dd 1.11,11',,Tr clear as o' the that y1-J ere not j,.1cf.:•ist,,, en-0,,Dloyeo en-,i that you arc: Caries f.:.;;ICE.',31.1 'r! •your'apt t'Irs.. home. [lease itnuT :3ri'vrtles th,ruj.;),A talkinc; a•:-.c; of HI,. 2620 0-1a- (1,".,C.,r-t..(.1,-Cie.):::•. 5, V:SiLl way not -nol,.(2 ruin-p.c'ism-',mhla is snpr,00-sa Please stop visiting homes by mid-May. ',/v. rant do rw„It ccilitis!c),z 3t):3.,11. :It)C)Ur. rq-C)SIC;r:-.., ;fin ;•),Joh.:- ide-ris-nSeedo.;:r If thers ::Er!,,L,, fte ',.-,r Shape ulxitedstote4, your future -Census. START HERE> : • • . . • Should you call the public to encourage response? Should you conduct a survey during the 2020 Census? • ;fn. •nd`i Coot 10 L1I.IOo '.11(.•r I ft,:o;.,, r0jhon. 1 .1 -t• f fjnrv ,s ritIelric) thr': 220 OCnç, .50 yn;,1 hr 0011-,10 ir:o.comoFi conf,:•seti r.,-:s!-:,nr.deci to the cc:nsos. r-ay roFraw, from r9sr.--inciPlg CO [noir 000 or roc...1):2r=stinCi ",',Itr)0 census loser ono v,sit,, Yoo Tf rhlr 'OUSt f-t-Juct a Sur,..-?V. t1,_E; E- do so 01-, r I. 7,1 7020. v-11:.,1 ce-Isus m-c, out oj rho Should you distribute outreach materials? Vie encouraoo vo..1 to ci,strt;ut.:,? cor't !!)t ahair. 2020 Cer sos on your a003unis. :0 ‘.,--)tir 'Nob 2070 Census cflici,-ilragl,r,e. nod • °f-:cis c Asi: thm Web site In rc,(1..10,..,1 ;,sc: fInci hr mntoro0. yon can usn to prom 2020 Th•-,sus 'Fou con cIsc hod f?.ft,zSOUL toand nSA cf.-riptf, t:.;o0.1ts :.):.1,c.r Lin • cr on- —ed,a =,h,rve our c,-;n1.71' no i- fi !,r , n- ronIr) ,Itr5,rnatyil on : 11 ,.n)fc.,r•o,:r.1:-: rumors a census.gov • • Shape ..ormetistate4. your future Uensus START HERE> 2020 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if applicable) STD 213(Rev.03/2019) 19-PGP-13284 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTORS NAME City of Rosemead 2. The term of this Agreement is: --------- –---- START DATE Upon HCD Approval THROUGH END DATE 12/31/2022 3.The maximum amount of this Agreement is: 6160,000.00 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Authority,Purpose and Scope of Work 1 2 Exhibit B ; Budget Detail and Payment Provisions j 5 Exhibit C'j State of California General Terms and Conditions GTC-04/2017 Exhibit D'PGP Terms and Conditions 8 Exhibit E Special Conditions _— 0 —_ TOTAL NUMBER OF PAGES ATTACHED 15 pages Items shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed athtlps://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Rosemead CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 8838 E.Valley Boulevard Rosemead CA 91770 PRINTED NAME OF PERSON SIGNING TITLE GLO1(j\ i1DLL€D.A CITE M�4NIt�E2. CONT CTOR AUTHORIZED SIGNATURE DATE SIG ED 1 23 I r (� STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE 'ZIP 2020 W.El Camino Ave.,Suite 130 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING j TITLE Synthia Rhinehart j Contracts Manager, i Business&Contract Services Branch CON CTING A E CYA THO -ZEDSIGNATURE DATE SIG ED 20 - - — 1 - - California Department of General Services Approval(or exemption,if apillicabl ) Exempt per;SCM Vol.1 4.04.A.3(DGS memo dated 6/12/1981) • • City of Rosemead 19-PGP-13284 • • Page 1 of 2 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK- • 1. Authority Pursuant to Health and Safety Code section 50470, subdivision (b)(1)(A), the State of California Department of Housing and Community Development (the "Department" or "State")has established the Planning Grants Program ("PGP,"or the"Program"as defined in Section 102 of the Guidelines) for Local Governments and Localities. This Standard Agreement, along with all its exhibits(the"Agreement"), is entered into under the authority of, and in furtherance of,the purpose of the Program. Pursuant to Health and Safety Code Section 50470, subdivision (d), the Department has issued the Senate Bill 2 Planning Grants Program Year 1 Guidelines(the"Guidelines")dated December 2018 governing the Program, and a Notice of Funding Availability("NOFA")dated March 28, 2019. 2. Purpose • • In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant to provide financial assistance for the preparation, adoption and implementation of a plan for Accelerating Housing Production and Streamlined Housing Production (as defined in Section 102 of the Guidelines) pursuant to the terms of the Guidelines, the NOFA, and this Agreement. By entering into this Agreement and thereby accepting the • award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, the NOFA, this Agreement, .the representations contained in the . application, and the requirements of the authority. cited above. Based on the representations made by the Grantee,the State shall provide a grant in the amount shown in Exhibit B, Section 2: • 3. . Definitions • Terms herein shall have the same meaning as definitions.in Section 102 of the Guidelines. 4. Scope of Work • Update planning documents, entitlement processes or zoning ordinances in accordance with the Grantee's Schedule F: Project Timeline and Budget,.as provided by the Grantee . in the SB 2 Planning Grant Program application used for subsequent approval by the Department. 5. Department Contract Coordinator The Contract Coordinator of this Agreement for the Department is the Housing Policy . Development Manager, or the Manager's designee. Unless otherwise informed, any Planning Grants Program (PGP) NOFA Date: March 28,2019 Approved Date: October 17, 2019 Prep. Date: November 21,2019 •• • • City of Rosemead 19-PGP-13284 Page 2 of 2 EXHIBIT A notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address: Department of Housing and Community Development Housing Policy Development Land Use Planning Unit Attention: PGP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 • P. 0. Box 952050 • Sacramento, CA 94252-2050 • • • • • • • • • • Planning Grants Program(PGP) • NOFA Date: March 28,2019 Approved Date: October 17,2019 Prep. Date: November 21, 2019 • City of Rosemead 19-PGP-13284 Page 1 of 5 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Application for Funds A. The Department is entering into this Agreement on the basis of, and in reliance on facts, information, assertions and representations contained in the Application and any subsequent modifications or additions thereto approved by the Department. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. The Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 2. Grant and Reimbursement Limit The maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement shall not exceed$160,000. 3. Grant Timelines A. This Agreement is effective upon approval by all parties and the Department,which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213(the"Effective Date"). B. All Grant funds must be expended by June 30, 2022. C. The Grantee shall deliver to the Department all final invoices for reimbursement on or before February 28, 2022, to ensure meeting the June 30, 2022 deadline. Under special circumstances, as determined by the Department, the Department may modify the February 28, 2022 deadline. D. It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates. Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date:October 17,2019 Prep. Date: November21,2019 City of Rosemead 19-PGP-13284 Page 2 of 5 EXHIBIT B 4. Allowable Uses of Grant Funds A. The Department shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Guidelines, the NOFA, and this Agreement. B. Grant funds shall only be used by the Grantee for project activities approved by the State that involve the preparation and adoption of project activities as stated in the scope of work, project description, project timeline and other parts of the application, and eligible activities and uses pursuant to Article Ill of the Guidelines. C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity. D. The Grantee shall use no more than 5 percent of the total grant amount for costs related to administration of the project. E. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program. F. After the contract.has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with Schedule F: Project Timeline and Budget and the Statement of Work and subject to the terms and conditions of this Agreement. G. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term will be reimbursable. H. Approved and eligible costs incurred odor to the NOFA date are ineligible. 5. Performance The Grantee shall take such actions, pay such expenses, and do all things necessary to complete the scope of work specified in Exhibit A and as incorporated by the SB 2 Program application in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date:October 17,2019 Prep. Date: November 21,2019 City of Rosemead 19-PGP-13284 Page 3 of 5 EXHIBIT B 6. Fiscal Administration A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the PGP grant. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to PGP grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate,the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of • the allowability of any expense shall be final,absent fraud, mistake or arbitrariness. B. Work must be completed prior to requesting reimbursement.The Department may make exceptions to this provision on a case by case basis. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work. C. Prior to receiving reimbursement, the Grantee shall submit the following documentation: 1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form); 2) A Request for Funds on a form provided by the Department; and 3) Any and all documentation requested by the Department in the form and manner as outlined in the following subsection D. D. Grantee shall submit all required reimbursement documentation to the following address: Department of Housing and Community Development Housing Policy Development Land Use Planning Unit Attention: PGP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 P. 0. Box 952050 Sacramento, CA 94252-2050 E. The Grantee shall submit invoices for reimbursement to the Department according • to the following schedule: Planning Grants Program(PGP) NOFA Date: March 28, 2019 Approved Date: October 17,2019 Prep. Date: November 21,2019 City of Rosemead 19-PGP-13284 Page 4 of 5 EXHIBIT B 1) At maximum, once per quarter; or 2) Upon completion of a deliverable, subject to the Department's approval; and 3) At minimum, one invoice for reimbursement annually. The Department will use the 2019 calendar year beginning with January,with first requests for reimbursement accepted on or after September 30, 2019. F. The request for reimbursement must be for a minimum of 15 percent of the maximum grant amount awarded.The Department may consider exceptions to the minimum amount requested on a case-by-case basis. All invoices shall reference the contract number and shall be signed and submitted to the Department's Program Manager at the address provided above in Section 6, item D of Exhibit B. invoices shall include at a minimum the following information: 1) Names of the Grantee's personnel performing work; 2) Dates and times of project work; • 3) Itemized costs in accordance with the Schedule F: Project Timeline and Budget and Statement of Work, including identification of each employee, contractor,subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-recipient(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor,sub-recipient and subcontractor invoices; and 4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds. G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures permit upon receipt of an itemized signed invoice. H. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the Grantee. Grant funds cannot be disbursed until this Standard Agreement has been fully executed. Planning Grants Program(PGP) NOFA Date: March 28, 2019 Approved Date: October 17,2019 Prep. Date: November 21, 2019 City of Rosemead 19-PGP-13284 Page5of5 EXHIBIT B J. Grant fund payments will be made on a reimbursement basis; advance payments are not allowed. The Grantee, its subcontractors and all partners, must have adequate cash flow to pay all grant-related expenses prior to requesting reimbursement from the Department. The Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work pursuant to Section 601(f) of the Guidelines. K. The Grantee will be responsible for compiling and submitting all invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. 1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor invoices, timecards, or any other documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenditures incurred. L. The Grantee will submit for reimbursements to the Department based on actual costs incurred, and must bill the State based on clear and completed objectives and deliverables as outlined in the application, in Schedule F: Project Timeline and Budget, the Statement of Work, and/or any and all documentation incorporated into this Standard Agreement and made a part thereof. M. The Department may withhold 10 percent of the grant until grant terms have been fulfilled to the satisfaction of the.Department. Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date: October 17,2019 Prep. Date: November 21,2019 City of Rosemead 19-PGP-13284 Page 1 of 8 EXHIBIT D PGP TERMS AND CONDITIONS 1. Reporting A. During the term of the Standard Agreement the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Standard Agreement. B. Upon completion of all objectives and deliverables required to fulfill this contract pursuant to Schedule F: Project Timeline and Budget and the Scope of Work, Exhibit A, Section 4, and as referred to in Exhibit B, Section 6, subsection K. within this Standard Agreement, the Grantee shall submit a final close out report in accordance with Section 604, subsection (b), and as instructed in Attachment 3 of the December 2018 Planning Grants Program Guidelines. The close out report shall be submitted with the final invoice by the end of the grant term as listed in Exhibit B, Section 3, subsection C. 2. Accounting Records A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required. C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP. D. The Grantee agrees that the state or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement. E. Subcontractors employed by the Grantee and paid with moneys under the terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above. 3. Audits A. At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award.At the Planning Grants Program (PGP) NOFA Date: March 28,2019 Approved Date:October 17,2019 Prep. Date: November 21,2019 City of Rosemead 19-PGP-13284 Page 2 of 8 EXHIBIT D Department's request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life. 1) The Grantee agrees that the Department or the Department's designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. 2) The Grantee agrees to provide the Department or the Department's designee,with any relevant information requested. 3) The Grantee agrees to permit the Department or the Department's designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, Program guidelines, and this Agreement. B. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of this Standard Agreement. 1) The Grantee shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Grantee is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings,the Grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report. C. The Grantee agrees to maintain such records for possible audit after final payment pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records retention is stipulated. 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee, contractors and sub-contractors until completion of the action and resolution of all issues which arise from it. The Grantee shall include in any contract that it enters into in an amount exceeding $10,000,the Department's right to audit the contractor's records and interview their employees. Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date: October 17,2019 Prep. Date: November21, 2019 City of Rosemead 19-PGP-13284 Page 3 of 8 EXHIBIT D 2) The Grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of(3)three years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. 4. Remedies of Non-performance A. Any dispute concerning a question of fact arising under this Standard Agreement that is not disposed of by agreement shall be decided by the Department's Housing Policy Development Manager, or the Manager's designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department's Housing Policy Development Manager or Designee shall be the Department's final decision regarding the dispute. B. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Standard Agreement. C. In the event that it is determined, at the sole discretion of the Department,that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement.The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement. D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within 30 days of the early termination notice. E. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning document. Localities that do not formally adopt the funded activity could be subject to repayment of the grant. F. The following shall each constitute a breach of this Agreement: 1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date: October 17,2019 Prep. Date: November21,2019 City of Rosemead 19-PGP-13284 Page 4 of 8 EXHIBIT D ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager. G. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies: 1) Disqualify the Grantee from applying for future PGP Funds or other Department administered grant programs; 2) Revoke existing PGP award(s)to the Grantee; 3) Require the return of unexpended PGP funds disbursed under this Agreement; 4) Require repayment of PGP Funds disbursed and expended under this agreement; 5) Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the PGP Program requirements; and 6) Other remedies available at law, or by and through this agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 5. Indemnification Neither the Department nor any officer or employee thereof is responsible for any injury, damage ' or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Standard Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department's staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to,tortuous,contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub- recipients, or subcontractors under this Standard Agreement. 6. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be Planning Grants Program (PGP) NOFA Date: March 28,2019 Approved Date:October 17,2019 Prep. Date: November21,2019 • City of Rosemead 19-PGP-13284 Page 5 of 8 EXHIBIT D construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 7. Relationship of Parties It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to,and shall not be construed to, create the relationship of agent, servant, employee, partnership,joint venture or association, or any other relationship whatsoever other than that of an independent party. 8. Third-Party Contracts A. All state-government funded procurements must be conducted using a fair and competitive procurement process.The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law. B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in the Agreement to be applicable to the Grantee's sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contracts, and subcontractors must be submitted to the Department's program manager. C. The Department does not have a contractual relationship with the Grantee's sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work performed by its sub-recipients, contractors, or subcontractors. D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort between the Grantee and other jurisdictions who are grantees of the SB 2 Planning Grants Program, the Grantee acknowledges that each partner and/or all entities forming the SB 2 Planning Grants Program collaborative are in mutual written agreement with each other but are contractually bound to the Department under separate, enforceable contracts. E. . In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort with other entities that are not grantees of the SB 2 Planning Grants Program, the Department shall defer to the provisions as noted in subsections 8(B)and 8(C)of this part. 9. Compliance with State and Federal Laws. Rules,Guidelines and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity. B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall,be excluded from participation or employment, denied program Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date: October 17,_2019 Prep. Date: November 21,2019 City of Rosemead 19-PGP-13284 Page 6 of 8 EXHIBIT D benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations. C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients,contractors, and subcontractors,and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the PGP. D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act(ADA)of 1990,which prohibits discrimination on the basis of disability,as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the PGP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351. 10. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 11. Chances in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of both parties. 12. State-Owned Data A. Definitions Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date: October 17,2019 • Prep. Date: November 21,2019 City of Rosemead 19-PGP-13284 Page 7 of 8 EXHIBIT D 1) Work: The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this Agreement. 2) Work Product: All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverable conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof,which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee's contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright; trademark, trade secret or other legal protection. 3) Inventions: Any ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee's contractor, subcontractor and/or sub-recipient and/or Grantee's contractor, subcontractor, and/or sub-recipient's employees with one or more employees of the Department during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. B. Ownership of Work Product and Rights 1) All work Product derived by the Work performed by the Grantee, its employees or by and of the Grantee's contractor's, subcontractor's and/or sub-recipient's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee's contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product. 2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and sub- recipient's employees agree to perpetually assign,and upon creation of each Work Product automatically assigns, to the Department, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee's contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department's request, the Grantee's contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date:October 17,2019 Prep. Date: November 21, 2019 City of Rosemead 19-PGP-13284 Page 8 of 8 EXHIBIT D assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work. 3) Grantee, its employees and all Grantee's contractors, subcontractors and sub- recipients hereby agrees to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department's property regardless of whether such protection is sought. The Grantee, its employees and Grantee's contractor, subcontractor and /or subrecipient shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically noting features or concepts that the Grantee, its employees and/or Grantee's contractor, subcontractor and/or subrecipient believes to be new or different. 4) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement will automatically be vested in Department and no further agreement will be necessary to transfer ownership to Department. 13. Special Conditions The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy andgoals of the Program are achieved. Planning Grants Program(PGP) NOFA Date: March 28,2019 Approved Date: October 17,2019 Prep. Date: November 21, 2019