First 5 LA is a leading early childhood advocate working collaboratively across L.A. County. First 5 LA was created in 1998 to invest L.A. County’s allocation of funds from California’s Proposition 10 tobacco tax. As stewards of public funds, the following Funding Guidelines are intended to provide information about the restrictions on the use of First 5 LA funds. Although these Funding Guidelines are applicable generally, the terms of individual funding agreements will always take precedence over these guidelines.
- First 5 LA has a strict legislative mandate to expend funds only to promote the lives of children age 0-5 and their families in Los Angeles County. (Health & Safety Code §130100)
- Funds appropriated by First 5 LA must focus on the priorities detailed in the Commission’s Strategic Plan. (Health & Safety Code § 130105(d)(2)(A))
- In no event shall First 5 LA Contractors or Grantees or its officials, officers, directors, employees, agents, subcontractors or assignees supplant state, county, local or other governmental general fund money with First 5 LA payments for any purpose. No First 5 LA funds shall be granted or used for any previously existing project or program funded by state or local general funds unless the existing funding has formally been terminated first or the Contractors/Grantees demonstrate to First 5 LA that funds will be used to supplement an existing project or program, and not to supplant existing funding. (Health & Safety Code §130100)
- First 5 LA’s funds may not be used by a grantee for the lobbying of any local, state or federal decision-maker, legislative or administrative body. While education of constituents and legislature regarding a policy issue may be an eligible activity under a specifically approved scope of work, First 5 LA grant funding may not support lobbying for specific policies or legislation. First 5 LA funds also may not be used to engage in “grass roots lobbying” of the public in connection with legislation. (Miller v. Miller, (1978) 87 Cal.App.3d762; Government Code Section 50023)
- First 5 LA funds may not be used to influence voters to support or oppose any candidate, specific legislation, or ballot measure. (Government Code Sections 8314, 54964; Penal Code Section 424)
- First 5 LA funds, resources or agency employees on official time may not be used to attempt to influence the voters for or against a ballot measure in any way. Government Code Sections 8314, 54964; Penal Code Section 424)
- First 5 LA funds cannot provide research or assistance to other organizations or lawmakers who intend to use such information to support or oppose pending ballot measures. Government Code Sections 8314, 54964; Penal Code Section 424)
- First 5 LA and/or First 5 LA funds cannot be used to publicize a position regarding a ballot measure and urge voters to vote for or against the measure. Government Code Sections 8314, 54964; Penal Code Section 424)
- First 5 LA funds may not be used for a sectarian purpose, or to proselytize. Where religion is a significant purpose of an event or proposed program, First 5 LA funds may not be used. California Constitution, Article XVI, Section 5)
- First 5 LA funds may not be used to discriminate or provide preferential treatment on any basis prohibited by applicable law in the operation of public employment, public education, or public contracting. (California Constitution Article 1; various State and Federal statutes)
- First 5 LA funds cannot be granted to entities or groups that have no legal capacity to enter into contracts.
- We are hiring the Contractor to act in the public interest, as defined by State law and our Board. As such, Contractors must view themselves as public officials when they are working for First 5 LA. They have a legal obligation to avoid any situation where their personal or business interests could be in actual conflict with the Commission’s interests, or the public interest, or where it could be perceived that there might be a conflict of interests. In certain cases, the applicable provisions of State law could impose personal liability on recipients of First 5 LA funds who violate conflict of interest laws. (Government Code Sections 1090, 87100)
First 5 LA reserves the right to include other funding restrictions based on the type of project or scope of work. If you have any questions, please contact the Contract Administration and Purchasing Department.