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Resolution No. 86214 t 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CITY OF LOS ANGELES REGARDING THE USE OF 2004 URBAN AREAS SECURITY INITIATIVE GRANT FUNDS WHEREAS, the U.S. Department of Homeland Security, through the Office for Domestic Preparedness, awarded a 2004 Urban Areas Security Initiative ("2004 UASI") grant (Grant Number 2004-0014) to the City of Los Angeles in July 2004 for $28,101,720 for use in the Los Angeles Urban Area; and WHEREAS, in order for the Vernon Police and Fire Departments to receive grant funds under the 2004 UASI Grant Program, a list of equipment to purchase was submitted, subject to ratification by the City Council; and WHEREAS, the Office of Domestic Preparedness approved the sum of $70,950.00 for USAR and HazMat equipment for the Vernon Fire Department and the sum of $69,400.00 for Dosimeters and Radios for the Vernon Police Department for a total grant fund allocation of $140,350.00; and WHEREAS, the City of Los Angeles has approved the distribution of 2004 UASI grant funds to the City of Vernon in the total sum of $140,350.00 for both Police and Fire equipment; and WHEREAS, in order to receive the grant funds, the City of Los Angeles is requiring the City to execute an agreement; and WHEREAS, by letter dated December 9, 2004, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that the grant be approved and executed; and t t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the City of Vernon desires to ratify the actions taken by the Vernon Police and Fire Departments in the 2004 UASI grant process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby �Ifinds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and ratifies the actions taken by the Police and Fire Departments to obtain 2004 UASI grant funds for the City of Vernon. SECTION 3: The City Council of the City of Vernon hereby approves the Agreement with the City of Los Angeles, a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator to execute the Agreement with the City of Los Angeles for, and on behalf of, the City of Vernon. The City Administrator, or his designee, is hereby authorized to execute jany and all documents necessary for the purpose of securing the grant funds and to implement and carry out the terms of the Agreement on behalf of the City of Vernon. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send two signed lAgreements, to: Joe Jackson, Director Office of the Mayor, Criminal Justice Planning Office City of Los Angeles 200 N. Spring Street, Third Floor Los Angeles, CA 90012 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 15th day of December, 2004. "-7 LEONIS C. MBURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk - 3 - a f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8621, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, December 15, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk — 4 — EXHIBIT 0 AGREEMENT Contractor: City of Vernon, a municipal corporation Said Agreement is Number of City Contracts r 11 Section Number and Table TABLE OF CONTENTS I INTRODUCTION §101 Parties to the Agreement §102 Representatives of the Parties and Service of Notices §103 Independent Party §104 Conditions Precedent to Execution of this Agreement 11 TERM AND SERVICES TO BE PROVIDED §201 Time of Performance §202 Use of Grant Funds III PAYMENT §301 Payment of Grant Funds and Method of Payment IV STANDARD PROVISIONS §401 Construction of Provisions and Titles Herein §402 Applicable Law, Interpretation and Enforcement §403 Integrated Agreement §404 Excusable Delays §405 Breach §406 Prohibition Against Assignment or Delegation §407 Permits §408 Non -Discrimination and Affirmative Action §409 Los Angeles City Business Tax Registration Certificate UASI/Govt. i 9/15/04 P---_qe 5 5 6 6 rl 9 9 10 10 10 10 10 11 11 1 TABLE OF CONTENTS Section Number and Table Page §410 Bonds 11 §411 Indemnification 12 §412 Conflict of Interest 12 §413 Intentionally Blank 13 §414 Restriction of Disclosures 14 §415 Compliance with Federal Statutes and Regulations 14 §416 Federal, State, and Local Taxes 18 §417 Inventions, Patents and Copyrights 18 §418 Earned Income Tax Credit 19 §419 Equal Benefits Ordinance 19 §420 Contractor Responsibility Ordinance 19 §421 . Slavery Disclosure Ordinance 19 §422 Child Support Assignment Orders 19 V DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS §501 Defaults 19 §502 Intentionally Blank 19 §503 Compliance With Grant Assurances 20 §504 Intentionally Blank 20 §505 Amendments 20 VI ENTIRE AGREEMENT §601 Complete Agreement 20 §602 Number of Pages and Attachments 20 Execution (Signature) Page 21 UAS I/Govt. 2 9/15/04 r Exhibits Exhibit A Intentionally blank Exhibit B Intentionally blank Exhibit C Intentionally blank Exhibit D Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit E Certification Regarding Lobbying Exhibit F Contractors Authorized Expenditures Exhibit G Authorized Equipment Exhibit H Authorized Training and Exercises Exhibit I Form Invoice Exhibit J Equal Employment Opportunity Plan Exhibit K Grant Assurances UASI/Govt. 3 9/15/04 AGREEMENT NUMBER OF CITY CONTRACTS BETWEEN THE CITY AND THE CITY OF (City of Vernon) THIS AGREEMENT is made and entered into by and between the City of Los Angeles, a municipal corporation (hereinafter called the "City,"), and City of (City of Vernon), a municipal corporation (hereinafter called "City of Vernon" or "Contractor"). WITNESSETH WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"), through the Office for Domestic Preparedness (ODP), has provided financial assistance directly to selected jurisdictions through the Fiscal Year (FY) 2004 Urban Areas Security Initiative ("FY 04"); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, the Los Angeles Urban Area ("LAUA") consists of the City of Los Angeles, the unincorporated area of the County of Los Angeles, and 16 cities with contiguous borders, including City of Vernon); and WHEREAS, the ODP awarded a FY 04 Grant of $28,101,720 ("Grant Funds") to the City of Los Angeles, as a Core City, for use in the LAUA; and WHEREAS, the City has designated the Office of the Mayor, Criminal Justice Planning ("Mayor's Office") to provide for Criminal Justice Planning and terrorism preparedness; and WHEREAS, the Mayor's Office now wishes to distribute FY 04 Grant Funds throughout the LAUA, as further detailed in this agreement ("Agreement") to City of Vernon and others; NOW, THEREFORE, the City of Los Angeles and City of Vernon agree as follows: UASI/Govt. 4 9/15/04 INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The City, a municipal corporation, having its principal office at 200 North Main Street, Los Angeles, California 90012; and B. City of Vernon, a municipal corporation, having its principal office at 4305 Santa Fe Ave., Vernon, CA 90058 §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 shall .be given are as follows: The representative of the City of Los Angeles shall be, unless otherwise stated in the Agreement: Joe Jackson, Director Office of the Mayor, Criminal Justice Planning Office City of Los Angeles 200 N. Spring Street, Third Floor Los Angeles, CA 90012 2. The representative of City of Vernon shall be: Bruce Malkenhorst City Administrator 4305 Santa Fe Ave. Vernon, CA 90058 with a copy to: B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or UASI/Gout. 5 9/15/04 communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) working days of said change. §103. Independent Party City of Vernon is acting hereunder as an independent party, and not as an agent or employee of the City of Los Angeles. No employee of City of Vernon, is, or shall be an employee of the City of Los Angeles by virtue of this Agreement, and City of Vernon shall so inform each employee organization and each employee who is hired or retained under this Agreement. City of Vernon shall 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 City of Los Angeles. §104. Conditions Precedent to Execution of This Agreement City of Vernon shall provide copies of the following documents to the City of Los Angeles, unless otherwise exempted.: A. (This section intentionally blank.) B. (This section intentionally blank.) C. (This section intentionally blank.) D. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section §415L of this Agreement and attached hereto as Exhibit D and made a part hereof. E. Certifications and Disclosures Regarding Lobbying in accordance with Section §415C of this Agreement and attached hereto as Exhibit E and made a part hereof. City of Vernon shall 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 Contractor II. TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on August 17, 2004, and end July 31, 2005, or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close-out activities. Said term is subject to the provisions herein. UASI/Govt. 6 9/15/04 §202. Use of Grant Funds A. City of Vernon shall utilize the Grant Amount provided in Section 301 only for the specified purposes authorized by the FY 04 Grant, and for those items set forth in Exhibit F. B. City of Vernon shall provide any reports requested by the City regarding performance of the Agreement. Reports shall be in the form requested by the City, and shall be provided in a timely manner. C. Any equipment acquired pursuant to this Agreement shall be authorized in Appendix A to the FY 04 Grant Application, incorporated by reference, and attached hereto as Exhibit G. City of Vernon must follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY 04 Grant can be found at OMB Circular A-102, Title 28 C.F.R. Part 66.36, and DOJ Financial Guide, Part III, Chapter 10. D. Any training exercise paid pursuant to this Agreement shall have been pre - authorized as provided by Appendix B to the FY 04 Grant Application, incorporated herein by reference, and attached hereto as Exhibit H. E. 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; 2. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, 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. F. Equipment acquired pursuant to this Agreement shall be subject to the requirements of Title 28, C.F.R. 66.32, 66.33 and DOJ Financial Guide, Part III, Chapter 6. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. Items costing less than $5,000, but falling into the following categories are also considered Equipment: (1) electronics communications equipment for stationary or vehicular use, including cellular telephones acquired by lease or purchase, and (2) electronic office equipment, including facsimile machines, copiers, electric typewriters, personal computers (monitors and CPU's), terminals and printers. UAS1/Gout. 7 9/15/04 Equipment shall be used by City of Vernon 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. City of Vernon shall make Equipment available for use on other 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 shall be given to other programs or projects supported by the awarding agency. 3. A record shall be maintained for each item of Equipment acquired for the program. This record must be updated yearly and forwarded to the City. The record shall -include: (a) description of the item of Equipment, (b) manufacturer's model and serial number, (c) Federal Stock number, national stock number, or other identification number; (d) the source of acquisition of the Equipment, including the award number, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) records showing maintenance procedures to keep the Equipment in good running order, and (h) location and condition of Equipment. Records must be retained pursuant to 28 C.F.R. Part 66.42, and DOJ Financial Guide, Part 111, Chapters 6 and 12. 4. All equipment obtained under this Agreement shall have an identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 5. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. III. PAYMENT §301. Payment of Grant Funds and Method of Payment A. The City of Los Angeles shall pay to City of Vernon the grant amount of $140,350 to be used for purchase of equipment and training as described in Section 202 above. The Grant Amount represents the amount allocated to City of Vernon in the USAI grant award notice. B. City of Vernon shall provide to the City invoices requesting payment. Each invoice shall be accompanied by a form statement, attached hereto UASI/Govt. 8 9/15/04 as Exhibit 1, detailing the expenditures made by City of Vernon as authorized by Section 202 above. C. Payment of final invoice shall be withheld by the City of Los Angeles until the City has determined that City of Vernon has completed the requirements of this Agreement. D. It is understood that the City makes no commitment to fund this Agreement beyond the terms set herein. E. This section intentionally blank. F. Funding for all periods of this contract is subject to the continuing availability of federal funds for this program to the City. The Agreement may be terminated immediately upon written notice to City of Vernon of a loss or reduction of federal grant funds. IV. STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of. this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Contractor" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Contractor as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the City. This Agreement shall be enforced and interpreted under the laws of the State of California and the City. If any part, term or provision of this Agreement shall be 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 remaining portions of provisions shall not be affected thereby. UASI/Govt. 9 9/15/04 §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. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation, to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, 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 herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly. compensated. §406. Prohibition Against Assignment or Delegation City of Vernon may not, unless it has first obtained the written permission of the City: 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. §407. Permits City of Vernon and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for City of Vernon's performance hereunder and shall pay any fees required therefore. City of Vernon further certifies to immediately notify the City of any suspension, termination, lapses, non -renewals or restrictions of licenses, certificates, or other documents. UAS I/Govt. 10 9/15/04 §408. Nondiscrimination and Affirmative Action City of Vernon shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the City. In performing this Agreement, City of Vernon shall 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. City of Vernon shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CRF Part 60). City of Vernon shall comply with the provisions of the Los Angeles Administrative Code Sections 10.8 through 10.13, to the extent applicable hereto. If this Agreement contains a consideration in excess of $500 but not more than $5,000, the Equal Employment practices provisions of this Agreement shall be the mandatory contract provisions set forth in Los Angeles- Administrative Code Section 10.8.3, in which event said provisions are incorporated herein by this reference. If this Agreement contains a consideration in excess of $5,000, the Affirmative Action Program of this Agreement shall be the mandatory contract provisions set forth in Los Angeles Administrative Code Section 10.8.4, in which event said provisions are incorporated herein by this reference. City of Vernon shall also comply with all rules, regulations, and policies of the City's Board of Public Works, Office of Contract Compliance relating to nondiscrimination and affirmative action, including the filing of all forms required by City. If required, City of Vernon shall submit an Equal Employment Opportunity Plan ("EEOP") to the DOJ Office of Civil Rights ("OCR") in accordance with the OCR letter dated .July 29, 2002, attached to the FY 04 Grant application as Appendix E, incorporated herein, and attached hereto as Exhibit J. Any subcontract entered into by the Contractor relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Los Angeles City Business Tax Registration Certificate Under the terms of this Agreement, the City's Business Tax Ordinance (Article 1, Chapter 2, Sections 21.00 and following, of the Los Angeles Municipal Code) is not applicable. §410. Bonds Duplicate copies of all bonds which may be required hereunder shall conform to City requirements established by charter, ordinance or policy and shall be filed with the Office of the City Attorney for its review in accordance with Los Angeles Administrative Code Sections 11.47 through 11.56. UASI/Govt. 11 9/15/04 §411. Indemnification Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will 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 Section 895.2 of said Code. To achieve the above - stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2. The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. City of Vernon certifies that it has adequate self insured retention of funds to meet any obligation arising from this Agreement. §412. Conflict of Interest A. The Contractor covenants that none of its directors, officers, employees, or agents shall 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 sub -contractors 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 S87100 et sea., 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" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, 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" includes but is not limited to: UASI/Gout. 12 - 9/15/04 a. Any direct or indirect financial interest in the specific contract, including 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. 3. The Contractor further covenants that no officer, director, employee, or agent shall solicitor accept gratuities, favors, 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). 4. The Contractor shall 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 Contractor. 5. Prior to obtaining the City's approval of any subcontract, the Contractor shall disclose to the City any relationship, financial or otherwise, director indirect, of the Contractor or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. 6. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the City, State of California, and Federal regulations regarding conflict of interest. 7. City of Vernon 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. 8. The Contractor covenants that no member, officer or employee of Contractor shall 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. 9. The Contractor shall incorporate the foregoing subsections of this Section into every agreement that its enters into in connection with this project and shall substitute the term "subcontractor' for the term "Contractor" and "sub -subcontractor" for "Subcontractor". §413. This section intentionally left blank. UAS1/Govt. 13 9/15/04 §414. Restriction on Disclosures Any reports, analysis, 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.). §415. Compliance with Federal Statutes and Regulations City of Vernon, in the performance of this agreement, shall comply with all applicable statutes, rules, regulations and orders of the United States, including, but not limited to: A. General. Public Law (P.L.) 108-11; Office of Management and Budget (OMB) Circulars A- 87, A-102, and A-133; Title 28 Code of Federal Regulations (CFR) Part 66; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, Financial Guide; U.S. Department of Homeland_ Security, Office for Domestic Preparedness, Urban Areas Security Initiative Grant Program ll; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. City of Vernon shall comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. City of Vernon shall comply with federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. City of Vernon shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. B. Americans with Disabilities Act. City of Vernon hereby certifies that it will comply with the Americans with Disabilities Act 42, USC §§ 12101 et seq., and its implementing regulations. City of Vernon 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. City of Vernon 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 the City of Vernon, relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. C. Political and Sectarian Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Neither shall 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 shall be used for any sectarian purpose or to support or benefit any sectarian activity. UASI/Govt. 14 9/15/04 If this Agreement provides for more than $100,000.00 in grant funds or more than $150,000 in loan funds, City of Vernon shall submit to the City a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 USC 1352. A copy of the Certificate is attached hereto as Exhibit E. No funds will be released to City of Vernon until the Certification is filed. City of Vernon shall 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 City of Vernon. City of Vernon shall require that the language of this Certification be included in the award documents for all sub -awards at all tiers and that all subcontractors shall certify and disclose accordingly. D. Records Inspection. At any time during normal business hours and as often as the City, the U.S. Comptroller General and the Auditor General of the State of California may deem necessary, City of Vernon shall make available for examination all of its records with respect to all matters covered by this Agreement. The City, the U.S. Comptroller General and the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including all City of Vernon's invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. E. Records Maintenance. Records, in their original form, shall be maintained in accordance with requirements prescribed by the City with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this agreement. Such records shall be retained for a period of 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 City may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the City. F. Subcontracts. Contractor agrees to comply with the federal and its own standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. Contractor shall comply and assure the compliance of all subcontractors the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC § 3789(d), or the Juvenile Justice and UASI/Govt. 15 9/15/04 Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision 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. G. Labor. City of Vernon shall comply with the following requirements, which include, but are not limited to: the Copeland Anti -Kick Back Act, 40 USC § 276c and 18 USC 874 as supplemented in Department of Labor regulations, 29 CFR Part 3; Davis - Bacon Act, 40 USC 276 a to 276a-7, as supplemented by Department of Labor regulations, 29 CFR Part 5; Sections 103 and 107 Contract Work Hours and Safety Standards Act, 40 USC §§ 327-333, as supplemented by Department of Labor regulations 29 CFR Part 5; the Intergovernmental Personnel Act of 1970 42 USC §§ 4728-4763, Appendix A of OPM's Standards for a Merit System of Personnel Administration 5 CFR 900 Subpart F; the Hatch Act, 5 USC §§ 1501- 1508 and 7324-7328; P.L. 93-348; the Laboratory Animal Welfare Act of 1966, P.L. 89-544, as amended, 7 USC §§ 2131 et seq.; the Federal Fair Labor Standards Act, 29 USC § 201; Executive Orders 12549 and 12689 "Debarment and Suspension". H. Civil Rights. Title VI of the Civil Rights Act of 1964, P.L. 88-352, as amended; Title IX of the Education Amendments of 1972, as amended, 20 USC §§1681-1683 and 1685- 1686; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; the Age Discrimination Act.of 1975, as amended, 42 USC §§ 6101-6107; the Drug Abuse Office and Treatment Act of 1972, P.L. 92-255, as amended; the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-616, as amended; Sections 523 and 527 of the Public Health Service Act of 1912, 42 USC §§ 290 dd-3 and 290 ee-3, as amended; Title Vill of the Civil Rights Act of 1968, 42 USC § 3601 et seg.; Title 28 CFR Part 42, Subparts C, D, E and G; 28 CFR Part 35; 28 CFR 22.23; and 28 C.F.R. 22.23. I. Environmental, Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646; Section 102(a) of the Flood Disaster Protection Act of 1973 P.L. 93-234; Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4801 et sea.; institution of environmental quality control measures under the National Environmental Policy Act of 1969, P.L. 91- 190 and Executive Order (EO) 11514; notification of violating facilities pursuant to EO 11738; protection of wetlands pursuant to EO 11990; evaluation of flood hazards in floodplains in accordance with EO 11988; assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended, 42 USC §§ 7401 et sea.; protection of UASI/Govt. 16 9/15/04 underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, P.L. 93-523; and protection of endangered species under the Endangered Species Act of 1973, as amended P.L. 93-205; the Coastal Barrier Resources Act, P.L. 97-348 dated October 19, 1982,16 USC §§ 3501 et seq; the Wild Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq. City of Vernon shall ensure that the facilities under its ownership, lease or supervision which shall be 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. J. Preservation, Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.SC §470, EO 11593; the Archaeological and Historic Preservation Act of 1974, 16 USC §§ 469a-1 et seg. K. Standardization 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. L. Certification Regarding Debarment City of Vernon shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the City concurrent with the execution of this Agreement and shall certify that neither City of Vernon 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. City of Vernon shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. M. Miscellaneous Provisions of 28 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 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to federal Assistance Programs. UAS I/Govt. 17 9/15/04 N. Noncompliance City of Vernon understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by City of Vernon to City of any unlawful expenditures. §416. Federal. State and Local Taxes Federal, State and local taxes shall be the responsibility of City of Vernon as an independent party and not as a City employee. §417. Inventions, Patents and Copyrights A. Reporting Procedure If any project produces patentable items, patent rights, processes, or inventions in, the course of work under a UASI grant or agreement, City of Vernon shall report the fact promptly and fully to the City. The City shall report the fact to the Grantor. Unless there is a prior agreement between the City and the Grantor and its representative on these matters, the Grantor shall determine whether to seek protection on the invention or discovery. The Grantor and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy 1. Unless otherwise provided in the terms of the grant or Agreement, when copyright -able material is developed in the course of or under the grant or the agreement, the author and the City are free to copyright material or to permit others to do so. The City shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted material. 2. The Grantor reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use for Federal government purposes: a. The copyright in any work developed under any grant, subgrant or contract under a grantor subgrant; and b. Any right of copyright to which a grantee, subgrantee or a Contractor purchases ownership with grant support. C. City of Vernon shall comply with 28 CFR 66.36(i)(9) UASI/Govt. 18 9/15/04 C. Rights to Data The Grantor and the City shall have unlimited rights to any data first produced or delivered under this Agreement. §418. Earned Income Tax Credit Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of Section 10.37.4 of the Los Angeles Administrative Code. §419. Equal Benefits Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of the Equal Benefits Ordinance (EBO), Section 10.8.2.1 of the Los Angeles Administrative Code. §420. Contractor Responsibility Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the provisions of the Contractor Responsibility Ordinance (CRO), Section 10.40 et sea., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code. §421. Slavery Disclosure Ordinance Under the terms of this Agreement, City of Vernon is exempt from compliance with the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles Administrative Code. §422. Child Support Assignment Orders. Under the terms of this Agreement, City of Vernon is exempt from compliance with the Child Support Assignment Orders Ordinance, Section 10.10 of the Los Angeles Administrative Code. City of Vernon shall comply with California Family Code Section 5230 et seq. as applicable. V. DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS §501. Defaults Should City of Vernon fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the City reserves the right to terminate the agreement, reserving all rights under state and federal law. §502. (This section intentionally left blank.) UASI/Gout. 19 9/15/04 §503. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the City to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances), attached hereto as Exhibit K. By signing these Grant Assurances, the City became liable to the Grantor for any funds that are used in violation of the grant requirements. City of Vernon shall be liable to the Grantor for any funds the Grantor determines that City of Vernon used in violation of these Grant Assurances. City of Vernon shall indemnify and hold harmless the City for any sums the Grantor determines City of Vernon used in violation of the Grant Assurances. §504. (This section intentionally left blank.) §505. Amendments Any change in the terms of this Agreement, including changes in -the services to be performed by City of Vernon, and any increase or decrease in the amount of compensation which are agreed to by the City and City of Vernon shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. City of Vernon agrees to comply with all future City Directives, or any rules, amendments or requirements promulgated by the City affecting this Contract. VI. ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. No verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty one (21) pages and seven (7) Exhibits which constitute the entire understanding and agreement of the parties. UASI/Govt. 20 9/15/04 IN WITNESS WHEREOF, the City and City of Vernon have caused this Agreement to be executed by their duly authorized representatives. APPROVED AS TO FORM AND LEGALITY: Executed this day of ROCKARD J. DELGADILLO, City Attorney 2004 D puty/Assistant City Attorney ATTEST: J. MICHAEL CAREY, City Clerk By Deputy City Clerk Date APPROVAL AS TO FORM: Eric T. Fresch, City Attorney for City of Vernon ATTEST: In Bruce V. Malkenhorst, City Clerk For: THE CITY JAMES K. HAHN, Mayor Director OFFICE OF CRIMINAL JUSTICE PLANNING Executed this 15 th day of December , 2004 For. City of Vernon, a municipal corporation -A Bruce V. Malkenhorst City Administrator City of Vernon City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: Date of Approval Said Agreement is Number of City Contracts UASI/Govt. 21 9/15/04 EXHIBIT A (This page intentionally left blank) UAS I/Gout. 22 9/15/04 EXHIBIT B (This page intentionally left blank) UASI/Govt. 23 9/15/04 EXHIBIT C (This page intentionally left blank) UAS I/Gout. 24 9/15/04 EXHIBIT D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. AGREEMENT NUMBER CONTRACTOR/BORROWER/AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE UAS I/Govt. 25 9/15/04 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set, out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non -Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. UASI/Gout. 26 9/15/04 EXHIBIT E CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans - and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. 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. 2. 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. 3. 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. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER CONTRACTOR/BORROWER/AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE UASI/Govt. 27 9/15/04 EXHIBIT F CONTRACTORS AUTHORIZED EXPEDITURES UASI/Gout. 28 9/15/04 m 00o_w 3 m C m CD 0 0 0 0 c (A O: O K O 7 Ov Cn0 N D��Co. 3 CL o rfl;maa N m .0 ((D C. p w 3 z o� 3 m m .0(D v o 3� CD CD o 0 a o 3 0 c = 3 O 3 m m ?Oa p-nE gv oo N N N o TS 3."00�."I10 co 0 o0ooc<mQm_a�.vm'ic0(°vQ(a D 3 N. (p n -n . n c N3 bi 3 �' 3 CI- `�'' 7 6 D y N ?_0 W= O N (A C. 3 (D N m 0 3 (Q lD 3 0� j CL e � cp3'�a, o CDa)y0 v<, 3 y C 0 0 p� lD N O 3 Q O N= O= N m (D m m O 0^ C> O (D � ..� 3 � .Ni '77 m � O � -w O 0 O_C0) ifl b9 0)w co 14A OO CCA01a O O O DDD °oioi 70 to m c o.an CD CD n 000 0 3' ((DD = CD = ((DD ? CD N -n-nr r m cnm� Q 0 O 3 3 V� CD A c 4) 3 D W 0 O c - o �y 3 D 3 Ot O < O 0 co G) m x c _n EXHIBIT G AUTHORIZED EQUIPMENT APPENDIX A TO THE FY 04 GRANT APPLICATION UASI/Govt. 29 9/15/04 Exhibit G Appendix A - Authorized Equipment List 1. Personal Protective Equipment - Equipment worn to protect the individual from hazardous materials and contamination. Levels of protection vary and are divided into categories based on the degree of protection afforded. Sub CategoryCateg6ry Description Level A Fully Encapsulated Liquid and Vapor Ensemble, reusable or disposal (tested and certified against CB threats) Level A Fully Encapsulated Training Suits vel A losed-Circuit Rebreather minimum 2-hour supply referred Level A en -circuit SCBA or (when appropriate) Level A are Cylinders/Bottles for rebreathers Level A CBA and Service Repair Kits vel A hemical Resistant Gloves including thermal as appropriate to hazard L4evel A Equipment needed for maintaining body core temperature within acceptable limits: Vest Level A Equipment needed for maintaining body core temperature within acceptable limits: Full Suit Level A Chemical Resistant Boots, Steel or Fiberglass Toe and Shank Level A Hardhat Level A Chemical/Biological Protective Undergarment fire resistant optional) Level A Inner gloves Level A Approved Chemical Resistant Tape Level A Chemical Resistant Outer Booties Level A it -Line System with 15-minute escape SCBA Level B Liquid Splash Resistant Chemical Clothing, encapsulated or non -encapsulated. Level B Chemical Resistant Gloves, including thermal, as appropriate to hazard Level BClosed-Circuit Rebreather (minimum 2-hour supply referred Level B SpareCylinders/Bottles for rebreathers Level B Repair Kit Level B Equipment needed for maintaining body core temperature within acceptable limits: Vest Level B Equipmentneeded for maintaining body core temperature within acceptable limits: Full Suit Level B Chemical Resistant Boots, Steel or Fiberglass Toe and Shank Level B Liquid Splash Resistant Hood Level B Open -circuit SCBA Level B it -Line System with 15-minute escape SCBA Level B Hardhat Level B Chemical/Biological Protective Undergarment (fire resistant optional) Level B Inner gloves Level B Approved Chemical Resistant Tape Level B Chemical Resistant Outer Booties Continued on next page FY04 Urban Areas Security Initiative Page 39 i Appendix A - Authorized Equipment List, Continued 1. Personal Protective Equipment, continued Sub Category Description Level C Liquid Chemical Splash Resistant Clothing (permeable or non -permeable) vel C Chemical Resistant Gloves, including thermal as appropriate to hazard Level C Tight -fitting, full facepiece, negative pressure air purifying respirator with the appropriate cartridge(s) or canister(s) and P100 filter(s) for protection against toxic industrial chemicals, particulates, and military specific agents. Level C Personal Cooling System, vest or full suit with support equipment: Vest Level C Personal Cooling System, vest or full suit with support equipment: Suit Level C Chemical Resistant Boots, Steel or Fiberglass Toe and Shank Level C Liquid Chemical Splash Resistant Hood(permeable or non -permeable) Level C Tight -fitting, full facepiece, powered air purifying respirator (PAPR) or PAPR with chemically resistant hood with appropriate cartridge(s) or canister(s) and high -efficiency filter(s) for protection against toxic industrial chemicals, particulates, and military ecific agents. Level CLithium) Batteries — rechargeable (e.g. NiCAD) or non -rechargeable with extended shelf life (e.g. Level C Hardhat Level C Chemical/Biological Protective Undergarment fire resistant optional) Level C Inner gloves Level C Chemical Resistant Tape Level C Chemical Resistant Outer Booties Level C Circuit Rebreather (minimum 2-hour supply, preferred), open -circuit SCBA, or when appropriate, Air -Line System with 15-minute minimum escape SCBA Level C SCBA Service and repair kits Level C Spare cylinder/bottles for rebreathers or SCBA Level D Escape mask for self -rescue During CBRNE response operations, the incident commander determines the appropriate level of personal protective equipment. As a guide, Levels A, B, and C are applicable for chemical biological/radiological contaminated environments. Personnel entering protective postures must undergo medical monitoring prior to and after entry. All SCBAs must meet standards established by the National Institute for Occupational Safety and Health (1`IIOSH) for occupational use by emergency preparedness and response personnel when exposed to Chemical, Biological, Radiological and Nuclear (CBRN) agents in accordance with Special Tests under NIOSH 42 CFR 84.63(c), procedure number RCT-CBRN-STP-0002, dated December 14, 2001. Grant recipients must purchase: 1) protective ensembles for chemical and biological terrorism incidents that are certified as compliant with Class 1, Class 2, or Class 3 requirements of Continued on next page FY04 Urban Areas Security Initiative Page 40 Appendix A - Authorized Equipment List, Continued National Fire Protection Association (NFPA) 1994, Protective Ensembles for Chemical/Biological Terrorism Incidents; 2) protective ensembles for hazardous materials emergencies that are certified as compliant with NFPA 1991, Standard on Vapor Protective Ensembles for Hazardous Materials Emergencies, including the chemical and biological terrorism protection; 3) protective ensembles for search and rescue or search and recovery operations where there is no exposure to chemical or biological warfare or terrorism agents and where exposure to flame and heat is unlikely or nonexistent that are certified as compliant with NFPA 1951, Standard on Protective Ensemble for USAR Operations; and, 4) protective clothing from blood and body fluid pathogens for persons providing treatment to victims after decontamination that are certified as compliant with NFPA 1999, Standard on Protective Clothing for Emergency Medical Operations. For more information regarding these standards, please refer to the following web sites: The National Fire Protection Association - ht V://www.pba.oriz National Institute for Occupational Safety and Health - http://www.cdc.gov/niosh . 2. Explosive Device Mitigation and Remediation - Equipment providing for the mitigation and remediation of explosive devices in a CBRNE environment Sub Category Description Mitigation and emediation Bomb Search Protective Ensemble for Chemical/Biological Response Mitigation and emediation hemical/Biolo ical Undergarment For Bomb Search Protective Ensemble Mitigation and emediation ooling Garments to manage heat stress Mitigation and emediation Ballistic Threat Body Armor not for riot suppression) Mitigation and emediation Ballistic Threat Helmet not for riot suppression) Mitigation and emediation Blast and Ballistic Threat Eye Protection (not for riot suppression) Mitigation and emediation Blast and Overpressure Threat Ear Protection (not for riot suppression) Mitigation and emediation Fire Resistant Gloves Mitigation and emediation earmer/Disru ter Mitigation and emediation Real Time X-RayUnit Mitigation and emediation Portable X-RayUnit Continued on next page FY04 Urban Areas Security Initiative Page 41 Appendix A - Authorized Equipment List, Continued 2. Explosive Device Mitigation and Remediation, continued Sub Category Description Mitigation and emediation WMD Compatible Total Containment Vessel Mitigation and emediation WMD Upgrades for existing TCV Mitigation and emediation Robot Mitigation and emediation Robot Upgrades Mitigation and emediation Fiber Optic Kit (inspection or viewing) Mitigation and emediation Tents, standard or air inflatable for chem/bio protection Mitigation and emediation Inspection mirrors Mitigation and Remediation Ion Track Explosive Detector itigation and Remediation Blanket, Bomb Suppression Blanket, explosive devices blanket 3. CBRNE Search and Rescue Equipment - Equipment providing a technical search and rescue capability fof a CBRNE environment. Sub Category Description CBRNE Technical Equipment Listening Devices BRNE Technical Equipment Searchcarneras (including thermal imaging) CBRNE Technical Equipment Breaking devices inclu . ding spreaders, saws and hammers) CBRNE Technical Equipment Lifting devices (including air bag systems and hydraulic rams and jacks CBRNE Technical Equipment Hydraulic tools; hydraulic power unit CBRNE Technical Equipment Blocking and bracing materials CBRNE Technical Equipment Evacuation chairs (for evacuation of disabledpersonnel) Continued on next page FY04 Urban Areas Security Initiative Page 42 Appendix A - Authorized Equipment List, continued 3. CBRNE Search and Rescue Equipment, continued Sub Category Description CBRNE Technical Equipment Ventilation fans CBRNE Technical ui ment Confined Space Kits such as MSA Watchman BRNE Technical ui ment Rescue ropes and ladders (including rescue pulley systems) BRNE Technical SCUBA equipment including: exposure and pressurized suits, face masks, regulators, air ui ment tanks, and pony bottles. Underwater equipment including: lights, metal detectors, communication and video units, CBRNE Technical lift bags, water rescue helmets, ice hooks, buoyancy compensator, and underwater Equipment cooter/DPV 4. Interoperable Communications Equipment - Equipment and systems providing connectivity and electrical interoperability between local and interagency organizations to coordinate CBRNE response operations. When utilizing ODP program funds in the category of Interoperable Communications Equipment to build, upgrade, enhance, or replace communications systems, core cities and transit agencies should develop a comprehensive interoperable communications plan before procurement decisions are made. Guidance for development of interoperable communications plans is provided in Appendix C. Sub Category Description Interoperable Communications Personnel Alert Safety System (PASS) - (location and physiological monitoring systems Equipmentoptional) Interoperable ommunications Portable Meteorological Station (monitors temperature, wind speed, wind direction and Equipment barometric pressure at a minimum Interoperable Communications Equipment Commercially available crisis management software Interoperable ommunications [Equipment Antenna and towers stems Continued on next page FY04 Urban Areas Security Initiative Page 43 Appendix A Authorized Equipment List, Continued 4. Interoperable Communications Equipment, continued Sub Category Description nteroperable Communications Equipment Computer aided dispatch system teroperable Communications Equipment Mobile Display Terminals nteroperable Communications Individuallportable radios, software radios, portable repeaters, radio interconnect Equipment systems, satellite phones, batteries, chargers and batt ery conditioni ng systems. nteroperable Communications Land Mobile, Two -Way In -Suit Communications (secure, hands -free, fully duplex, Equipmentoptional) nteroperable Computer systems designated for use in an integrated system to assist with detection and Communications communication efforts (must be linked with integrated software packages designed Equipment specifically for chemical and/or biological agent detection and communication purpose teroperable Communications Equipment Personnel Accountability Systems teroperable Communications Equipment Aviation and maritime security voice and data transmission equipment nteroperable lCommunications ui ment ....... . [Leasing and rental of towers ace In an effort to improve emergency preparedness and response interoperability, all new or upgraded radio systems and new radio equipment should be compatible with a suite of standards called ANSI/TIA/EIAA-102 Phase I (Project 25). These standards have been developed to allow for backward compatibility with existing digital and analog systems and provide for interoperability in future systems. The FCC has chosen the Project 25 suite of standards for voice and low -moderate speed data interoperability in the new nationwide 700 MHZ frequency band. The Integrated Wireless Network (IWN) of the U.S. Justice and Treasury Departments has also chosen the Project 25 suite of standards for their new radio equipment. In an effort to realize improved interoperability, all radios purchased under this grant should be APCO 25 compliant. Continued on next page FY04 Urban Areas Security Initiative Page 44 Appendix A - Authorized Equipment List, Continued 5. Detection Equipment - Equipment to sample, detect, identify, quantify and monitor for chemical, biological, radiological/nuclear and explosive agents throughout designated areas or at specific points, including equipment necessary to enhance laboratory detection capabilities Sub Cat o Description Biological Point Detection Systems/Kits (Immunoassay or other technology) Chemical M4 Detection Paper for Chemical agent identification Chemical -9 Detectionpaper r roll for chemical agent (mill de) detection hemical 56 Detection Kit for Chemical Agent (weapons grade -blister: CX/HD/L blood: C/CK; and nerve: GBN detection hemical -256 Training Kit hemical Hazard Categorizing HAZCA Kits hemicalStand-off Chemical Detector hemical Colorimetric Tube/Chip Kitspecific for TICs and WMD applications emical Multi -Ras Meter with minimum of 02 and LEL hemical hoto-Ionization Detector (PID Chemical Flame Ionization Detector ID Chemical Gas Chromato h/Mass Spectrometer GC/MS 02/Nitro en or Nitrogen Only Chemical -18 Series Chemical Agent Detector Kit for surface/or chemical agent analysis Chemical Surface Acoustic Wave Detector Chemical Ion Mobility Spectrometry Chemical -272 Chemical Agent Water Test Kit Chemical Leak Detectors (soap solution, ammonium hydroxide, etc) Chemical PH Paper/pH Meter Chemical Waste Water Classifier Kit Chemical Oxidizing Pa er Chemical Protective cases for sensitive detection equipment storage & transport Explosive Canines (initial acquisition, initial operational capability only) Radiological Radiation detection equipment (electronic or other technology that detects alpha, beta, gamma and high intensity gamma) Radiological Personal Dosimeter Radiological Scintillation Fluid radiological re- acka ed diolo ical diction monitors Continued on next page FY04 Urban Areas Security Initiative Page 45 f Appendix A - Authorized Equipment List, Continued 6. Decontamination Equipment - Equipment and material used to clean, remediate, remove or mitigate chemical and biological contamination. Sub Catee-ory Description Biological HEPA (High Efficiency Particulate Air Vacuum for dry decontamination Chemical Runoff Containment Bladder(s) Chemical Decon litters/roller systems Chemical Extraction Litters, rollable Chemical Non -transparent Cadaver Bags CDC standard Chemical Overpak Drums Chemical_ Decontamination system for individual and mass application with environmental controls, water heating system, showers, lighting, and trap rtatian trailer Chemical Spill Containment Devices Chemical Hand Carts Chemical Waste water classification kits/strips 7. Physical Security Enhancement Equipment - Equipment to enhance the physical security of critical infrastructure. Sub Category . Description x losion Protection Blast/Shock/Impact Resistant Systems Explosion Protection Protective Clothing Explosion Protection Column and Surface Wraps; Breakage Shatter Resistant Glass; Window Wraps x losion Protection Robotic Disarm/Disable Systems round Motion Detector Systems: Acoustic; Infrared; Seismic; Ma etometers round Barriers; Fences; JerseyWalls round impact Resistant Doors and Gates round Portal Systems round Alarm Systems round Video Assessment/Cameras: Standard Low Light, IR, Automated Detection round Personnel Identification: Visual; Electronic; Acoustic; Laser; Scanners; Ciphers/Codes round X-Ray Units round Magnetometers Ground Vehicle Identification: Visual;. Electronic; Acoustic; Laser; Radar Inspection/Detection Sysiems Vehicle & Caro Inspection System -Gamma Ray Inspection/Detection Mobile Search & Inspection System -X-ray Estems spection/Detection Systems on -Invasive Radiolo ical/Chem/Bio Explosives System -Pulsed Neutron Activation Continued on next page FY04 Urban Areas Security Initiative Page 46 Appendix A - Authorized Equipment List, Continued 7. Physical Security Enhancement Equipment, continued Sub Category Description ensors - gent/Exp losives DetectionChemical: Active/Passive; Mobile/Fixed; Handheld Sensors - gent/Explosives Detection Biological: Active/Passive; Mobile/Fixed; Handheld Sensors - gent/Explosives Detection diolo ical Sensors - Agent/Explosives Detection Nuclear Sensors - gent/Explosives Detection round/Wall Penetrating Radar Support Equipment Back-up operating computer hardware and programming software Support Equipment Fuel stor a containers Support Equipment Large fixed generators Support Equipment Self -monitoring sensors and alarms Waterfront Radar Systems Waterfront Video Assessment System/Cameras: Standard, Low Light, IR, Automated Detection WaterfrontDiver/Swimmer Detection Systems; Sonar Waterfront Impact Resistant Doors and Gates Waterfront Portal Systems Waterfront Hull Scanning Equipment [Waterfront Vessel Barriers Continued on next page FY04 Urban Areas Security Initiative Page 47 Appendix A - Authorized Equipment List, Continued 8. Terrorism Incident Prevention Equipment (Terrorism Early Warning, Prevention and Deterrence Equipment and Technologies) - State and local emergency preparedness, prevention and response agencies will increasingly rely on the integration of emerging technologies and equipment to improve jurisdictional capabilities to deter and prevent terrorist incidents. This includes, but is not limited to, equipment and associated components that enhance a jurisdiction's ability to disseminate advanced warning information to prevent a terrorist incident or disrupt a terrorist's ability to carry out the event, including information sharing, threat recognition and public/private sector collaboration. Sub Category Description Equipment and Technologies Data collection/information gathering software Equipment and Technologies Data synthesis software(Hazard prediction, assessment, and threat modeling software) Equipment and Technologies Geographic Information System information technology and software Equipment and Technologies Law enforcement surveillance equipment Equipment and Technologies Alert Notification Systems Equipment and Technologies , Facial recognition hardware and software Equipment and Technologies Fees for use of databases containing terrorist threat information Equipment and Technologies GIS plotter software and printers Equipment and Hardware, software and internet-based systems that allow for information exchange and Technologies dissemination Equipment and echnolo ies Voint Regional Information Exchange System (JRIES Continued on next page FY04 Urban Areas Security Initiative Page 48 Appendix A - Authorized Equipment List, Continued 9. CBRNE Logistical Support Equipment - Logistical support gear used to store and transport the equipment to the CBRNE incident site and handle it once onsite. This category also includes small support equipment including intrinsically safe (non -sparking) hand tools required to support a variety of tasks and to maintain equipment purchased under the grant, as well as general support equipment intended to support the CBRNE incident response. The State should also consider procurement of software to assist in tracking and maintaining statewide equipment assets. Sub Category Description RNE Equipment Trailers ERNE in tents andportable shelter units ERNE Weather -tight containers for equipment storage RNE Software for equipment trackingand inventory RNE Handheld computers for Emergency Res nse applications RNE [BRNE mall Hand tools inoculars, head lam s, ran a finders ands ttin sco not for w ns usefight RNE and heavy duty generators to operate search and rescue equipment, light sets, water pumps for decontamination sets BRNE Light sets for nighttime operations/security BRNE Electrical Current detectors RNE Equipment harnesses, belts, and vests RNE Isolation containers for suspected chemical/biological samples ERNE Bull horns RNE Water pumps for decontamination systems RNE Bar code scanner/reader for equipment inventory control BRNE Badging system equipment and supplies BRNE SCBA fit test equipment and software to conduct flow testing RNE esting Equipment for fully encapsulated suits - BRNE lin eatin entilation Fans(personnel and decontamination tent use) BRNE HAZMAT Gear Bag/Box RNE Cascade system for refilling SCBA oxygen bottles RNE Night vision goggles BRNE raffic and crowd control devices (traffic and reflective cones, arrow and zone signs, �Ortable barriers) Continued on next page FY04 Urban Areas Security Initiative Page 49 I Appendix A - Authorized Equipment List, Continued 10. CBRNE Incident Response Vehicles - This category includes special-purpose vehicles for the transport of CBRNE response equipment and personnel to the incident site. Licensing and registration fees are the responsibility of the jurisdiction and are not allowable under this grant. In addition, general-purpose vehicles (squad cars, executive transportation, etc.), fire apparatus and non-CBRNE tactical/armored assault vehicles are not allowable. Sub CategoryDescription Vehicles Mobile command post vehicles Vehicles Hazardous materials HazMat response vehicles Vehicles Bomb response vehicles ehicles Prime movers for equipment trailers Vehicles -wheel personal transport vehicles for transporting fully suited bomb technicians, Level suited technicians to the Hot Zone Vehicles Multi -wheeled all terrain vehicles for transporting personnel and equipment to and from a Hot Zone Vehicles Mobile Command Unit Vehicles Mobile Morgue Unit Vehicles Response vehicles to deploy special weapons personnel, equipped to detect chemical, biological and radiological materials; these vehicles may be armored to protect these personnel from explosions and projectiles when required to enter hot zones. Continued on next page FY04 Urban Areas Security Initiative Page 50 Appendix A - Authorized Equipment List, Continued 11. Medical Supplies and Pharmaceuticals - Medical supplies and pharmaceuticals required for response to a CBRNE incident at the advanced life support level. Core cities and transit agencies are responsible for replenishing items after shelf -life expiration date(-). Sub Category Description Medical Supplies Automatic Bi hasic External Defibrillators Medical Supplies Equipment/supplies for establishing and maintaining a patient airway at the advanced life support level (includes OP and NG airways; ET tubes, styletes, blades, and handles; portable suction devices and catheters; and stethoscopes for monitoring breath sounds Medical Supplies IV Administration Sets(Macro and Micro) Medical Supplies IV Catheters 14, 16, 18, 20, and 22 gauge) Medical Supplies IV Catheters(Butterfly 22, 24, and 26 gauge) Medical Supplies Manual Bi hasic Defibrillators Medical Supplies ye Lens for Lavage or Continuous Medication Medical Supplies Nasogastric Tubes Medical Suppliesdevices) Oxygen administration equipment and supplies (including bag valve masks: rebreather and non-rebreather masks and nasal cannulas; oxygen cylinders, regulators, tubing and manifold distribution systems; and pulse oximetry, Capnography and CO2 detection Medical Supplies Syringes 3cc and IOcc Medical Supplies 26 ga. %:" needles for syringes) Medical Supplies 1 a. 1-1/2" needles forsyringes) Medical Supplies Blood Pressure Cuffs Medical Supplies Morgan Eye Shields Medical Supplies Triage Tags and Tarps Medical Su lies Sterile and Non -Sterile dressings, all forms and sizes Medical Supplies Sterile and Non -Sterile dressings, all forms and sizes Medical Supplies Gauze, all sizes Medical Supplies Pulmonary Fit Tester Medical Supplies Portable Ventilators Medical Supplies Bum kits Pharmaceuticals Adenosine Pharmaceuticals Albuterol Sulfate .083% Pharmaceuticals Albuterol MDI 3 ml Pharmaceuticals Atropine Pharmaceuticals Benadryl Pharmaceuticals Calcium Chloride Pharmaceuticals Calcium Gluconate —10% Pharmaceuticals Cyanide Antidote Kits Pharmaceuticals Dopamine Pharmaceuticals fGlucagon Continued on next page FY04 Urban Areas Security Initiative Page 51 Appendix A - Authorized Equipment List, Continued 11. Medical Supplies and Pharmaceuticals, continued Sub Category Description Pharmaceuticals Lasix Pharmaceuticals Lidocaine Pharmaceuticals Lo eramide Pharmaceuticals Magnesium Sulfate. Pharmaceuticals Methylprednisolone Pharmaceuticals Narcan Pharmaceuticals Nubain Pharmaceuticals Nitroglycerin Pharmaceuticals Silver Sulfadiazine Pharmaceuticals Sodium Bicarbonate Pharmaceuticals Sterile Water Pharmaceuticals Tetracaine Pharmaceuticals Thiamine Pharmaceuticals Valium Pharmaceuticals Potassium Iodide Pharmaceuticals Ciprofloxin PO Pharmaceuticals Dextrose Pharmaceuticals Doxycycline'PO Pharmaceuticals ElAinephrine Pharmaceuticals INormal Saline 500 and 1000 ml bags) Pharmaceuticals 2Pam Chloride Pharmaceuticals Atropine Auto Injectors Pharmaceuticals CANA Auto Injectors 12. CBRNE Reference Materials - Reference materials and software designed to assist emergency preparedness and response personnel in preparing for and responding to a CBRNE incident. This includes but is not limited to the following: Sub CategoryDescription BRNE NFPA Guide to hazardous materials RNE NIOSH Hazardous Materials Pocket Guide RNE North American Emergency Response Guide BRNE ane's Chem-Bio Handbook BRNE irst Responder Job Aids 'Continued on next page FY04 Urban Areas Security Initiative Page 52 i Appendix A - Authorized Equipment List, Continued 13. Agricultural Terrorism Prevention, Response and Mitigation Equipment Equipment used for agricultural terrorism prevention, response and/or mitigation. DHS ODP expanded the scope of its programs based on feedback from its constituency. To that end, an agricultural section has been incorporated into the State Homeland Security Assessment and Strategy and grant programs to assist with preventing, responding to and recovering from agro- terrorism events. In addition to the following categories, any of the equipment items from the authorized equipment list may be used for agricultural homeland security efforts. Sub Cate Description .gory Animal Restraint Electic prods Animal Restraint Halters Animal Restraint Hog paddles Animal Restraint Hog snare Animal Restraint Knee boards Animal Restraint Lariat Animal Restraint Leashes Animal Restraint Nose leads Animal Restraint Panels Animal Restraint Portable cattle and hog chutes Animal* Restraint Portable pens, crates kennels Animal Restraint Probangs Animal Restraint Swine mouthspeculum Burning and Incinerating Supplies Clean fuel oil and other incineration materials Burning and Incinerating Supplies Portable incinerators Cleaning, Disinfection, and Fumigation Bleach Cleaning, Disinfection, -and Fumigation Other surface and topical disinfectants Cleaning, Disinfection, and Fumigation Potassium bromide Cleaning, Disinfection, and umi ation Soda ash Cleaning, Disinfection, and Fumigation Sodium hydroxide and vinegar Depopulation a tive bolt pistol (appropriate gauge) Depopulation Euthanasia solution Diagnostic Equipment nimal identification supplies(back tags, marker crayons, waterproof tape and ens Diagnostic Equipment Biohazard bags and containers pDjiagnostic Equipment Biohazard ackin container IDiagnostic Equipment lood sampling supplies needles, syringes, blood tubes Continued on next page FY04 Urban Areas Security Initiative Page 53 i Appendix A - Authorized. Equipment List, Continued 13. Agricultural Terrorism Prevention, Response and Mitigation Equipment, continued Sub Category Description Diagnostic Equipment Ice packs for shipping and access to freezer Diagnostic Equipment Sharps containers Diagnostic Equipment Specimen containers Disposal Equipment and Supplies Draglines . Disposal Equipment and Supplies ea lastic liners General Animal handling guidelines neral hisel neral is sable scal els/blades neral uthanasia idelines neral orce s neral je dentification stem for animals neral lastic file boxes or filin cabinets neral liers neral uarantine forms neral Reference materials forspecific animal management in disasterstagroterrorism eneral Surgical scissors 14. CBRNE Prevention & Response Watercraft — This category allows for the purchase of surface boats and vessels for port homeland security purposes, including prevention and response. Allowable costs also include the purchase of customary and specialized navigational, communications, safety and operational equipment necessary to enable such watercraft to carry out.their homeland security mission. Licensing, registration fees, insurance, and all ongoing operational expenses are the responsibility of the core cities and transit agencies and are not allowable under this grant. Sub Category Description CBRNE Prevention & Surface boats and vessels for port homeland security purposes including customary and Response Watercraft specialized navigational, communications, safety, and operational eg6ipment. Continued on next page FY04 Urban Areas Security Initiative Page 54 Appendix A - Authorized Equipment List, Continued 15. CBRNE Aviation Equipment — This category allows for the purchase of special purpose aviation equipment where such equipment will be utilized primarily for homeland security objectives and permissible program activities, and provides that the local units of government certify that it has an operating aviation unit and that the costs for operation and maintenance of such equipment will be paid from non -grant funds. Aviation equipment is defined as fixed -wing aircraft, helicopters, and air -safety containers for CBRNE prevention, response, mitigation and/or remediation. Allowable costs include the purchase of customary and specialized navigational, communications, safety and operational equipment necessary for CBRNE prevention, response and/or recovery. Prior to obligating funds for this category of equipment, grant recipients must submit a written request to the state. The state will seek a written waiver from the Secretary of the Department of Homeland Security Secretary through ODP. The state will consult with the ODP Preparedness Officer and provide a detailed justification for obligating funds in this category. No funds can be used for this category of equipment until the grant recipient receives written approval from the state and ODP to obligate funds. Licensing, registration fees, insurance and all ongoing operational expenses are the responsibility of the local units of government and are not allowable under this grant. In addition, the purchases of general-purpose public safety aircraft such as, but not limited to, firefighting planes or police helicopters are not allowable. Furthermore, grant recipients must certify that they have an operating aviation unit and that no expenses will be charged against the grant award for the operation of such aviation unit. Also prohibited is aviation equipment acquisition that is inconsistent with the State's updated homeland security assessment and strategy. sub Category Description Customary and specialized navigational, communications, safety, and operational CBRNE Aviation equipment necessary for CBRNE prevention, response and/or recovery including fixed - Equipment wing aircraft, helicopters, and air -safety containers. Continued on nextpage FY04 Urban Areas Security Initiative Page 55 I Appendix A - Authorized Equipment List, Continued 16. Cyber Security Enhancement Equipment Sub Category Description ber Security Enhancement Equipment onfi uration management and patch dissemination tools Cyber Security Enhancement Equipment nc tion systems Cyber Security Enhancement Equipment irewall and authentication technologies er Security Enhancement Equipment eo hic informations stems Klyber Security Enhancement Equipment Intrusion detection devices and systems er Security Enhancement Equipment Network traffic monitoring and analysis systems r Security Enhancement Equipment Scanning and penetration tools er Security Enhancement Equipment ecurity hardware and software countermeasures to protect against er attacks 17. Intervention Equipment — this category allows for the purchase of specialized law enforcement equipment that is necessary to further enhance their capabilities to prevent domestic terrorism incidents. Core cities and transit agencies are reminded that they must comply with 28 CFR, Parts 66 and 70. In addition, when procuring any Title III equipment, core cities and transit agencies must strictly adhere to requirements of 18 U.S.C., Part I, Chapter 119, Section 2512, pertaining to the manufacture, distribution, possession and advertising of wire, oral, or electronic communications interception devices. This category includes but is not limited to the following: Sub Category Description Intervention Equipment Specialized response vehicles and vessels Intervention Equipment actical entry equipment (not including Weapons) Intervention Equipment itle III Equipment in registers) 18.Other Authorized Equipment and Related Costs Sub Category Description Authorized Equipment and Related Costs Installation costs for authorized equipment purchased through ODP grants Authorized Equipment and Related Costs Maintenance contracts for authorized equipment purchased through ODP grants and acquired through DHS-ODPs Homeland Defense equipment Reuse (HDER) Program Authorized Equipment and Related Costs Multiple Integrated Laser Engagement System (MILES) Authorized Equipment and Related Costs Training on CBRNE and c ber.security equipment by vendors or local & state entities Miscellaneous Maintenance - General Miscellaneous Shipping and Handling Miscellaneous rraxes FY04 Urban Areas Security Initiative Page 56 Appendix B - Training Classes and Approval Process Recommended Grant recipients are encouraged to use FY04 UASI funds to.adopt the current Training ODP awareness and performance level courses noted below: Classes • Campus Law Enforcement Awareness Training on WMD • AWR-100 Emergency Response to Terrorism: Basic Concepts • AWR-101 Emergency Response to Terrorism: Basic Concepts (Train - the -Trainer)' • AWR-102 Emergency Response to Terrorism: Basic Concepts (Self - Study) • AWR 103 WMD Crime Scene Management for Emergency Responders • AWR-110 Terrorism Awareness for Emergency Responders (Internet) • AWR-I I I Emergency Medical Services (EMS): Basic Concepts for WMD Incidents (Internet) • AWR-112 Public Works: Basic Concepts for WMD Incidents (Internet) • AWR-120 Law Enforcement Response to WMD — Awareness • AWR-121 Law Enforcement Response to WMD — Awareness (Train -the - Trainer) • AWR-130 Incident Response to Terrorist Bombings — Awareness • AWR-140 WMD Radiological/Nuclear Awareness • AWR-141 WMD Radiological/Nuclear Awareness (Train -the -Trainer) • PER-200 Managing Civil Actions in Threat Incidents (MCATI): Basic Course (Train -the -Trainer) • PER-225 Law Enforcement Response to WMD — Operations Level (Train -the -Trainer) • PER-251 Emergency Response to Terrorism: Operations Course (Frain - the -Trainer) Note: In order to deliver these courses, state and local instructors must have been certified to deliver the course by successfully completing ODP's Train - the -Trainer course delivery. Continued on next page FY04 Urban Areas Security Initiative Page 57 Appendix B - Training Classes and Approval Process, Continued Approval The process for requesting ODP approval of non-ODP course development Process for and attendance is as follows: Nan-ODP Course l . Grant recipient requests for review of awareness and performance level Development courses should be made on letterhead addressed to Lt. Col. William and Attendance Hipsley, California Military Department. Lt. Col. Hipsley will collect all requests and forward to the appropriate DHS-ODP Preparedness Officer. This letter should be sent to: Governor's Office of Emergency Services Grant Management Section ATTN: Lt. Col. Hipsley Post Office Box 419023 Rancho Cordova, CA 95741-9023 Do not send course materials at this time. 2. The DHS-ODP Preparedness Officer will forward the request to the ODP Training Division. 3. Upon receipt of the request, the ODP Training Division will respond as follows: A. Send a letter of acknowledgment and conditional approval to CMD, accompanied by the following: (1) ODP Training Approval Template and instructions for use. (2) ODP Training Doctrine which includes the following 4 documents: — ODP Training Strategy — Emergency Responder Guidelines — Prevention Guidelines — Training Approval Guidelines B. Notify the DHS-ODP Preparedness Officer that funding may be conditionally approved pending further review by the DHS-ODP, Center for Domestic Preparedness (CDP). The grant recipient may begin obligating funds at this time. C. Ensure that the request has been entered in the ODP Training Approval . Tracking System. 4. Upon receipt of the conditional approval, the Template and the Training Doctrine, CMD will work with grant recipients to document a comparison between the objectives of the course in question and the ODP Training Doctrine, using the template provided. The completed template and course materials must be returned to the ODP Training Division Designee within 30 days. Continued on next page FY04 Urban Areas Security Initiative Page 58 Appendix B - Training Classes and Approval Process, Continued Approval 5. The ODP CDP will execute a review of course materials based on the Process for completed template and issue a report to the ODP Training Division. Non-ODP Course 6. The CDP will conduct this review within 45 days from receipt of the Development course materials and template. For performance level courses, the review and period will be extended to 90 days if the ODP CDP determines that a site Attendance, visit is necessary adequately to ade uatel assess the course. continued 7. Upon completion of CDP review and issuance of a recommendation memo, the ODP Training Division will initiate a final notification process that will include the DHS-ODP Preparedness Officer and the CMD. FY04 Urban Areas Security Initiative Page 59 EXHIBIT H AUTHORIZED TRAINING AND EXERCISES APPENDIX B TO THE FY 04 GRANT APPLICATION UAS I/Gout. 30 9/15/04 EXHIBIT H Appendix B - Allowable Exercise Costs .j Overview Funds from FY03 UASI II grant may be used to plan for, design, develop, conduct, and evaluate exercises that train emergency responders and assess the readiness of urban areas to prevent and respond to a terrorist attack. Exercises must be threat and performance -based, in accordance with ODP's Homeland Security Exercise and Evaluation Program (HSEEP) manuals. These manuals will provide explicit direction on the design, conduct and evaluation of terrorism exercises. - Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in accordance with the HSEEP. Exercise Grant funds may be used to plan and conduct an Exercise Planning Workshop Planning to include costs related to planning, meeting space and other meeting costs, Workshop facilitation costs, materials and supplies, travel and exercise plan development. Full or Part- Full or part-time staff may be hired to support exercise -related activities. Time Staff or Payment of salaries and fringe benefits must be in accordance with the Contractors, policies of the unit(s) of local government. The services of Consultants contractors/consultants may also be procured by the urban area in the design, development, conduct and evaluation of CBRNE exercises. Overtime Payment of overtime expenses will be for work performed by employees in excess of the established work week (usually 40 hours). Further, overtime payments are allowed only to the extent the payment for such services is in accordance with the policies of the unit(s) of local government. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award, for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to FICA, Worker's Compensation and Unemployment Compensation. Travel Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with either the federal or an organizationally -approved travel policy. F Continued on next page FY03 Urban Area Security Initiative H page 44 Appendix B — Allowable Exercise Costs, Continued Supplies Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, and non -sterile masks). Implementation Costs related to setting up and maintaining a system to track the completion of the HSEEP and submission of After Action Reports (AARs) and the implementation of Corrective Action Plans (CAPs) from exercises, which may include costs associated with meeting with local jurisdictions to define procedures. Note: ODP is developing a national information system for the scheduling of exercises and the tracking of AAR/CAPs to reduce the burden on the localities and to facilitate national assessments of preparedness. Other Items These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. FY03 Urban Area Security Initiative II Page 45 California National Guard:: Directorate of Homeland Security:: Training Home Page 1 of 2 California Home Friday, September 24, Caiguard Home Homeland Security Home Training Home Homeland Security & Exercise & Evaluation Program (HSEEP) Homeland Security Directorate How Do I...? Advancec Homeland Security Training: ODP Internet Trainina Office for Domestic Preparedness (ODP) CA WMD Approved Courses Office of Domestic Preparedness Training Strategy (ad!) P AST". Emergency Management Agency Tasks Emergency Medical ""`t�awaraa_�r Commission on Peace Officer Standards and Training (POST) Service Tasks Approved Courses: Fire Tasks Advanced Explosives Bomb Investigation (CDF/State Fire Marshal) Anti -Terrorism Concepts for Patrol Personnel Law Enforcement Tasks Anti -Terrorism Concepts for Patrol Personnel (Training -for -Trainers) Communication Response/Terrorist WMD Event Hazardous Material Domestic Terrorism Tasks Emergency Response to Terrorism Incidents Course Public safety Tasks Explosives Recognition - 1 st Responder Fundamentals of Terrorism Government Hazardous Materials - 1st Responder/Nuclear Administrator Tasks Hazardous Materials for Bomb Technicians - Course is taught/offered by POST & CSTI Global Tasks Hazardous Materials Specialist: Law Enforcement Tactical Engagement -Course is taught/o5ered by POST & CSTI ss County office of Hazardous Materials, First Responder Operations: Law Enforcement Field Support Emergency Services (OES) Links Hazardous Materials, First Responder Operations: Law Enforcement Field Support -(Training-for-Trainers) Training Links Investigation of Terrorism Investigator's Response to Terrorism ODP Consortium info . Law Enforcement Response to WMD - Incident Command System Local Law Enforcement's Role in Responding to Terrorism (SB 1350 Content Compliant Local Law Enforcement's Role in Responding to Terrorism: Interdiction and Response -(SB 1350 Content Compliant T-T-T) Preparing the Public Safety Dispatcher for the Next TerrorisVWMD Event Recognizing, Reporting & Preventing Terrorism - CPTN Telecourse/DVD Training (Broadcast 03) Terrorism - Emergency Response Terrorism Among Us Seminar (CA DOS Terrorism Concepts for Patrol Terrorism Course (Terrorism 1) -ttP://Www.calguard.ca.gov/cajs-hs/Post.htrn 9/24/2004 California National Guard:: Directorate of Homeland Security:: Training Home Page 2 of 2 Terrorism Course (Terrorism 2) Terrorism I - CPTN Telecourse/DVD Training (Broadcast 2001) Terrorism 11- CPTN Telecourse/DVD Training (Broadcast 2003) Terrorism Liaison Officer (TLO) Course Terrorism Overview (Agency Specific) Terrorism: First Response for Law Enforcement Supervisors and Managers Terrorism: First Response for Law Enforcement Supervisors and Managers (Training-fo: Trainers) Weapons of Mass Destruction (WMD) - 1 st Responder for Agency Specific Curriculum Weapons of Mass Destruction (WMD) - Operations & Planning Weapons of Mass Destruction for Public Safety Dispatchers Campus Law Enforcement Response to Weapons of Mass Destruction (Training-for-Tra (LSU/ODP) Chemical/Biological Sampling Methods/Public Safety Response (HAZMAT Technician Level) (LSU/ODP) Emergency Response to Domestic Biological Incidents (LSU/ODP) Law Enforcement Protective Measures Law Enforcement Response to Weapons of Mass Destruction (LSU/ODP) Law Enforcement Response to Weapons of Mass Destruction (Training -for -Trainers) (LSU/ODP) Radiological Training for First Responders (Training -for -Trainers) (DOT) Risk and Threat Assessment for Weapons of Mass Destruction (Local Jurisdiction) (Tex, A&M) Tactical Operations in a WMD Environment (LSU/ODP) For information regarding these courses please contact: Ken Whitman Phone # 916-227-2820 e-mail ken.whitmgn@Wst ca ov website: www.ppst.ca.gov Conditions of Use I Privacy Policy j E-mail Webmaster ® 2003 State of Califomia I ittp://Www.calguard.ca.gov/cajs-hs/post.httn 9/24/2004 California National Guard:: Directorate of Homeland Security:: Training Home Page 1 of 2 California Home Friday, September 24, 2004 Homeland Security Home Homeland Security & Exercise & Evaluation Program (HSEEP) Emergency Management Agency Tasks Emergency Medical Service Tasks. Fire Tasks Law Enforcement Tasks Hazardous Material Tasks Public Safety Tasks Government Administrator Tasks Global Tasks 58 County Office of Emergency Services (OES) Links Training Links ODP Consortium info. Homeland Security Directorate Homeland Security Training: Office for Domestic Preparedness (ODP) CA WMD Approved Courses How Do I...? Advanced Search Office of Emergency Services -California Specialized Training Institute (CSTI) Courses Approved Courses: Crisis Communications and the Media Course Deployment and Tactics for Civil Support Teams Emergency Management: Terrorism Consequences Management Emergency Medical Response to Hazardous Material Incidents* Emergency Medical Response to WMD Explosives Awareness First Responder Awareness: Nuclear, Bio., Chem., Explosive Agents* First Responder Operations: Nuclear, Bio., Chem., Explosive Agents* Hazardous Materials Weapons of Mass Destruction First Responder Operations Law Enforcement Field Support course* Hazardous Materials First Responder Operations Decontamination* Hazardous Materials First Responder Operations* Hazardous Materials Instructor Cert for Trainers Hazardous Materials Instructor Certification Hazardous Materials Radiation Emergency Response Hazardous Materials Technician lA-1D Hazardous Materials Specialist 1F-1G Hazardous Materials Tech/Spec. Refresher Hazardous Materials for Bomb Technicians -Course is taught/offered by POST & CSTI Hazardous Materials Specialist: Law Enforcement Tactical Engagement -Course is taught/offered by POST & CSTI HAZMAT Incident Commander Incident Commander: Nuclear, Bio, Chem, Explosives Agents* Law Enforcement Response to Terrorism I rtp://www.calguard.ca.gov/cajs-hs/Csti.htm 9/24/2004 California National Guard :: Directorate of Homeland Security:: Training Home Page 2 of 2 Law Enforcement Response to Terrorism T-T-T* Mass Casualty Decontamination* Standard Emergency Management System (SEMS) Introductory Course Standard Emergency Management System (SEMS) Field Course Standard Emergency Management System (SEMS) Emergency Operations Center (EOC) Technical Specialist Hazardous Materials Refresher Course Terrorism I: Understanding the Threat Terrorism II: Meeting the Threat Terrorism Liaison Officer Terrorism: WMD WMD: Public Health Response and Recovery * Indicates course is an outreach course or can be taught in a Train the Trainer format For information regarding these courses please contact: Michael Brady Phone # 805-549-3549 e-mail: michael.bmdy@oes.ca.gov website: www.oes.ca.gov Conditions of Use I Privacy Policy I E-mail Webmaster ® 2003 State of Califomia iV://www.calguard.ca.gov/cajs-hs/csti.htm 9/24/2004 California National Guard :: Directorate of Homeland Security:: Training Home Page 1 of 2 California Home Homeland Security & Exercise & Evaluation Program (HSEEP) Homeland Security Training: Homeland Security Directorate ODP Internet Training Office for Domestic Preparedness (ODP) CA WMD Approved Courses Office of Domestic Preparedness Training S—tratagy (tldfl Emergency Management Agency Tasks Emergency Medical Service Tasks State Fire Marshal (SFWCDF) Fire Tasks Approved Courses: Friday, September 24, 2004 II How Do I...? Advanced Search Law Enforcement Tasks Hazardous Materials First Responders -Awareness Hazardous Materials First Responders -Operations Hazardous Material Hazardous Materials First Responders -Decontamination Tasks Emergency Response to Terrorism: Considerations for Command Officer's (NFA) Public Safety Tasks Emergency Response to Terrorism: Tactical Considerations: Company Officer's (NFA) Emergency Response to Terrorism: Tactical Considerations: Emergency Medical Services Government FA Administrator Tasks Emergency Response to Terrorism: Basic Concepts (Self -Study) (NFA) Global Tasks 58 County Office of Urban Search & Rescue (US&R) ency Ems) Link Services Rescue Systems I Basic Heavy Rescue (OESj Links Y � vy Rescue Systems lI, Advanced Rescue Skill Training Links Confined Space Rescue Emergency Trench and Excavation Rescue ODP Consortium info For information regarding these courses please contact: Department of Forestry & Fire Protection Office of the State Fire Marshal Art Cota P.O. Box 944246 Phone # 916-445-8575 Fax # 916-445-8128 I"://www.calguard.ca.gov/cajs-hs/sfin.htin 9/24/2004 California National Guard :: Directorate of Homeland Security:: Training Home Page 2 of 2 e-mail art cota@fire.ca_gov Conditions of Use I Privacy Policy I E-mail Webmaster . ® 2003 State of Califomia I Lttp://www.calguard.ca.gov/cajs-hs/sfm.htm 9/24/2004 California National Guard:: Directorate of Homeland Security:: Training Home Page i of 2 California Home Homeland Security Home ODP Internet Training_ Office of Domestic . . Preparedness Training S-tralgy (pdfi Emergency Management Agency Tasks Emergency Medical Service Tasks Homeland Security Directorate Homeland Security Training: Friday, September 24, 2004 How Do I...? Advanced Search Office for Domestic Preparedness (ODP) CA WMD Approved Courses California Firefighter Joint Apprenticeship Committee (CFFJAC) Fire Tasks Approved Courses: Law Enforcement Tasks Terrorism Consequence Management-2003 Hazardous Material For information regarding this course please contact: Tasks Public Safety Tasks Yvonne De La Pena Phone # 916-648-1717 Government e-mail ydelapena@cpf org Administrator Tasks - Global Tasks Mary Jennings Phone # 916-684-1717 58 County Office of Emergency Services e-mail mjennings(&cpf org (OES) Links website: CFFJAC Home age Training Links ODP Consortium info I .ttp://www.calguard.ca.gov/caj s-hs/cffjjac.htm 9/24/2004 California National Guard :: Directorate of Homeland Security:: Training Home Page 1 of 2 California Home Calguard Home Homeland Security Home Training Home Homeland Security & Exercise & Evaluation Program (HSEEP) ODP Internet Training Office of Domestic Preparedness Training Strategy (pdf) Emergency Management Agency Tasks Emergency Medical Service Tasks Fire Tasks Law Enforcement Tasks Hazardous Material Tasks Public Safety Tasks Government Administrator Tasks Global Tasks 58 County Office of Emergency Services (OES) Links Training Links ODP Consortium info. Homeland Security Directorate Homeland Security Training: Friday, September 24, 2004 How Do I...? Advanced Search Office for Domestic Preparedness (ODP) CA WMD Approved Courses M Emergency Medical Services Authority (EMSA) Approved Courses: American College of Medicine-HAZMAT Injuries CBRNE: Emergency Preparedness for Medical Care (CD-ROM) WMD Public Health Response and Recovery For information regarding these courses please contact: Norma Schroeder (916) 322-4334 ext. 467 norma.schroedernemsa.ca goy website: www.emsa.ca.gov ittp://www.calguard.ca.gov/cajs-hs/emsa.htrn 9/24/2004 EXHIBIT I FORM INVOICE UASI/Govt. 31 9/15/04 CITY OF LOS ANGELES EXHIBIT I Retum Reimbursement Reauests to. Arlitha Harmon Mayor's Criminal Justice Planning Office 200 N. Spring St., Room #M-175H Los Angeles, CA 90012 Phone: 213.978.0705 Fax 213.978.0718 aharmon@mayor.lacity.org UASI Grant Part it Reimbursement Request Form Core City: City of Los Angeles Requesting Agency: County of Los Angeles Reimbursement Period: 5/1/2004 to 5/31/2004 d Phone No.: This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim is for cost incurred within the Grant Performance Period. Also, all supporting documentation related to these expenditures will be retained in accordance with grant guidelines. Authorized Department Approval: Print Name Tft Signature Date Phone No. (extension) Fax No. E-mail Address Please Remit Payment to: Name Address city State zip Reference No. DHS/OES Reimbursement Request By: Transaction ID: Date: DHS/OES Reimbursement Received: Cash Receipt No. JV No. Transfer to Depart Date: JV No. EXHIBIT J EQUAL EMPLOYMENT OPPORTUNITY PLAN OCR LETTER DATED JULY 29, 2002 , ATTACHED TO THE FY 04 GRANT APPLICATION AS APPENDIX E UAS I/Govt. 32 9/15/04 US. Department of Justice Office of Justice Programs Office for Civil Rights Waddoefto., n c 1053r July 29, 2002 Mr. Dana Jones Ca1nomia Office of Emergency Services P. O. Box 419047 Rladoo Cordova, CA 95741-9047 Dear Mr. )am: Congratulations on your recent award. Because you have sabmined Certified Assurance; drat your agency is in compliancewith appllicable civil rights laws. this oflice has detandned dot you lave met this eft in the Department , A apicc ba orecipients of Federal financial a ssidence (see 29 C.F.R. section pplicaW Obligations). As Director of the Office for Civil Rights (OCRj oirm ofhta m Programs, I would litre to ofhxyer my assivanpp per complains the conditions of tbese Ass maces, specifcaly Non. 13, 14. mad 15, as doe scant goes forward. As yor know, equal oPPoFUmiq' for due Pltichwtiarn of women and minority individuals is employalcm and Tbaefom, if dace has been a federal or �nanciagenc assistance nee d scri idt by hut. olina your thy, t?� forward a Copy ofsueh order er eonsrnt dam, a red by ' �> OCR at the U.S. Deportment orAntia, Office of Justice 's 6y Assoraaoe No. ve to Sacet, N.W., Room $136, Washington, D.C. 20531. � or Civil Rights,810 Seventh AAW^vMJlnstrrdlons AwGrantem Rmehft S5#4om Or flow. 1. In accordance with Assurance No.15, each gramee that raises SSW,000 or more (or $1,000,000 in an I& month period), and ha SO or mote employees mat submit an Equal Eooploymeut Opporluuity Plan (EEOP)within 60 days from the daft of this letter to OCR at the above address.t 2 Alternatively. the grantee may choose to complete an ESOP Short Fans, in lien of sanding its own oomprebensive EEOP, and return it to OCR within 60 days of the date ofthis letter. This eay4o4bilow, ESOP Short Form rcdtaas Paperwork and prepamuiou time considerably and will easre a quidoer OCR review and approval. The SovpaSlep tide to the Design and Development of= EEOP win assist you in colleting this requitanem. The Seven -Step Goleta and ESOP Short Form may be downloaded front OCRs home page an the i nemet (brp:#www.ojp.asdoj.90v/0cr0. 3. Please be -UbK ed that the above mquitranaus apply to primary grantees Ind to each of&*=hgiw*= Or ooatraactors that mat the amnia outlined m this ktta. Tbemfwr, all primary granuxs sad Short Fatm directly a responsibilities ndt>� meeting the criteria should mad 1h* EEOPs or EFL the Rights days of the daft of tba r award, t lfym have already submitted an EEOP as part ofanother award from the Office of Justice Programs (OJP) or the Office ZCommunity Oriented Policing Services (COPS) within the pat two years, or if you have ratified t9 an ESOP is trod, it is not noccssary for you to submit anothar at this tithe. Simply sad a copy tree jewyou received hells OCR Showing that your EEOP or certification is acceptable along with a cover (rater eat references der new giant sward. EXHIBIT J 0� QatW' r Y03 lhban Area Seetmty Inihahve II Page 69 NOTE: If agency has under 50 anpioyees, regmdkn of amowN of award; no EEOP is tequirod: Iwwovp grantce must return applicable portion of Certification Form to OCR within 60 days OCR4lame Page an the humtet This Certification Form may also be downloaded kern PURSUANT TO THE SPECIAL CONDITION REGARDING EEON GOVERNING THIS AWARD. RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE ESOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Orawees Receiving S23,000 Or Moro; But Under SSOQ000: 4. Par—st to Dep-guest of jmdco mguhttloas, each grantee that receives $25,000 or mac ad has So or mac tanPloyees is required so amimain an Equal Employment Opportunity Plan (EEOP) on fik for —law by OCR upon mquesa. (However. if One grantee is awarded S1,000,000In an eighteen (Ig) mouth Period. "it must submit me w"Ph" EEOP to OCR.) Plean cenylow the applicable section of the Certification Form and rchnn it 40 OCR within 60 days of tine date of this Ictkr. NOTE: If agarcy has mMa SO employees, regerdlex of amountof awaed, no EEOP is required however, grantee st murddm appfieable Portion of t' OM11catiow Foms to OCR within 60 days Additional Instructions For Grantees Receiving Under 523.000: S. A recW m of wader S25,000 is wet rcpukW see mahumin orsubmit an Equal Employmem Oppaumity . Plus (EEOP) in accordance with Assurance No.15. No Ce tifipukn is required. Instructions for All Grantees: 6. In additkn, an recipieats, tegardlem of their type, the monetay amount awarded, or de nu inim ofanployees in Heir wokface. are subject to the prohibitions against disaiaaumtian in my funded Progatso►activity. Therefore, OCR inveafgatescommissars byindividuals; orgratesalleging discrimination by a recipient of OJP funding; mad may require ail ",*COI, tlmugl selected co opliaaoe reviews, to subunit data to easu m their services ace deUve ed in an egaihbk arouse to all segments of td dwk employs— taac ices are In complimnoe with equal employment "'You have any questions, Pkm WI OCR at (202) 307-0690. Additional iafonr atio n and technical assistanee on the civil rights obWons of gmntm can be fared at: IOpzf, w .ojp.usdojgov/ocd. Sitncaely ink a �,�--- Micbul L. Alines Acting Direct Office for Civil Rights cc: Grant Manager Financial Analyst =The eu'PlOYmrnt Practices of certain Man tribes are net covemd by Tittle Vif of the Cavil Rights Act of 1 %4, 42 U.S.C. section 2000o FY03 Urban Area Security Initiative II Page 70 EXHIBIT K GRANT ASSURANCES UASI/Gout. 33 9/15/04 I CITY HALL LOS ANGELES. CALIFORNIA 90012 JAMES K. HAHN MAYOR Office of Homeland Security Grant Assurances for Urban Area Security Initiative Name of Core City: City of Los Angeles Address: 200 North Spring Street, M-175H City: Los Angeles State: California Zip Code: 90012 Telephone Number: (213) 978-0710 Fax Number: (213) 978-0718 E-Mail Address: jjacksonCamayor.lacity.org As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the Urban Area Security Initiative errant. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3.: 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; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. ®++> AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 00-1 Page 2 of 7 August 20, 2004 4. Will provide progress reports and such other information as may be required by the Office of Homeland Security, Office of Emergency Services and/or the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, 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. 8. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, 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.G. §§ 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 handicaps; d.The Age 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 Vill of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k.Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and I. The requirements on any other nondiscrimination statute(s) which may apply to the application. Page 3 of 7 August 20, 2004 9. Will 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 provides 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 interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients 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. 11. Will 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); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will 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. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and.the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 14. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 10, Sections 2445, 2446, 2447 and 2448. Page 4 of 7 August 20, 2004 15. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government: b.In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. - 16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research; development, and related activities supported by this award of assistance. 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of . institutions of higher education, hospitals, and other non-profit organizations. 21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagreements. Page 5 of 7 August 20, 2004 22. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 23. Agrees 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds 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 an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.. 24. Agrees that equipment acquired or obtained with grant funds: a.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. b.Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. Page 6 of 7 August 20, 2004 c. 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. 25. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 26. Will comply with all applicable Federal statutes, regulations; policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govem the application, acceptance and use of Federal funds for this federally -assisted project. 27. Will comply, and assure the compliance of all its subgrantees and contractors, with the 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 provision 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. 28. Will comply with provisions of 28 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 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 29. Will ensure that the facilities under its ownership, lease or supervision which shall be 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 fisting by the EPA. 30. Will -comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA)- 1990. Page 7 of 7 August 20, 2004 31. Will, in the event a Federal or State court or Federal or State administrative.. agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable, with the provision of the Coastai-Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 35. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 36. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that -he/she is authori d by the above named applicant to enter into this agreement for and on behalf of theAaid applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Joe JackIn Title: Director, Criminal Justice Planning Office —Date:. CITY WALL LOS ANGELES, CALIFORNIA 90012 JAMES K. HAHN MAYOR Office of Homeland Security Grant Assurances for Urban Area Securifylnitiat(ve Name of Core City: City of Los Angeles Address: 200 North Spring Street, M-176H City: Los Angeles State: California Zip Code: 90012 Telephone Number: f213) 978-0710 Fax Number: f 21.3) 978-0718 E-Mail Address: pcanfielCa2cao.lacity.org As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the Urban Area Security Initiative grant. 2. Will assure that.grant funds are only used for allowable, fair, and reasonable costs. 3. 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; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4901a.1 AN EQUAL EMPLOYMENT OPPORTUNITY— AFFIRMATIVE ACTION EMPLOYER —4DA. Page 2 of 7 August 20, 2004 4. Will provide progress reports and such other information as may be required by the Office of Homeland Security, Office of Emergency Services and/or the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family; business or other ties. 7. Will comply, if applicable, 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. 8. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a.Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, 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 handicaps; d.The Age 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 drag abuse patient records; h.Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §- 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j.. Title 28, CFR, Part 35; k.Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and I. The requirements on any other nondiscrimination statute(s) which may apply to the application. Page 3 of 7 August 20, 2004 9. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides 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 interested in real property acquired for project purposes regardless of federal participation -in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients 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. 11. Will 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); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will 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. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 14. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. Page 4 of 7 August 20, 2004 15. Has requested through the State of California, federal financial assistance to be: used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b.In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. - 16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specked in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit. organizations. 21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.&C. Sections 327-333), regarding labor standards for federally assisted construction subagreements. Page 5 of 7 August 20, 2004 22. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 23. Agrees 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds 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 an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 24. Agrees that equipment acquired or obtained with grant funds: a.W+ll 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. b.Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. Page 6 of 7 August 20, 2004 c. 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. 25. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govern the application, acceptance and use of Federal funds for this federally -assisted project. 27. Will comply, and assure the compliance of all its subgrantees and contractors, with the 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 provision 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. 28. Will comply with provisions of 28 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 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 29. Will ensure that the facilities under its ownership, lease or supervision which shall be 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. 30. Will comply with Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) 1990. Page 7 of 7 August 20, 2004 31. III, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 35. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 36. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized A Printed Name of Authorized Agent: Pat Canfield~ Title: Chief Admin Analyst Chief Administrative Office Date: CK��6-0�. CITY HALL LOS ANGELES. CALIFORNIA 90012 JAMES K. HAHN MAYOR Office of Homeland Security Grant Assurances for Urban Area Security Initiative Name of Core City: City of Los Angeles Address: 200 North Spring Street, M-175H City: Los Angeles State: California Zip Code: 90012 Telephone Number: (213) 978-0710 Fax Number: (213) 978-0718 E-Mail Address: aharmon0mayor.lacity.org As the duly authorized representative of the applicant, 1 certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the Urban Area Security Initiative grant. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. 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; and will establish a proper accounting system in accordance with generally accepted accounting standdrds or awarding agency directives. ®"' AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Page 2 of 7 August 20, 2004 4. Will provide progress reports and such other information as may be required by the Office of Homeland Security, Office of Emergency Services and/or the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal .gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, 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. 8. Will comply with all federal statues relating to nondiscrimination, These include but are not limited to: a.Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, 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 handicaps; d.The Age 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 Vill of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; j. Title 28, CFR, Part 35; k.Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and I. The requirements on any other nondiscrimination statute(s) which may apply to the application. Page 3 of 7 August 20, 2004 9. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides 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 interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients 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. 11. Will 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) Implementatiom 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); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will 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. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq). 14. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. Page 4 of 7 August 20, 2004 15. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the applicant's application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government, b.ln the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. . 16. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 17. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 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. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,, development, and related activities supported by this award of assistance. 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 21. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and.18 U.S.C.-Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction subagreements.' Page 5 of 7 August 20, 2004 22. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 23. Agrees 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. if any other funds 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 an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities,* in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for'making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 24. Agrees that equipment acquired or obtained with grant funds: . a. 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. b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in conformance with that plan. ♦ , 1 0. Page 6 of 7 August 20, 2004 c. 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. 25. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govem the application, acceptance and use of Federal funds for this federally -assisted project. 27. Will comply, and assure the compliance of all its subgrantees and contractors, with the 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 provision 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. 28. Will comply with provisions of 28 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 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 29. Will ensure that the facilities under its ownership, lease or supervision which shall be 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. 30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. i Page 7 of 7 August 20, 2004 31. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financlal and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 35. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 36. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds: The undersigned represents that he/she is authorized, by the above named applicant.to enter into this agreement for and on behalfAtthe saWAPPlicant: Signature of Authorized Printed Name of Authorized Agent: Arlitha Harmon Title: Accountant. Criminal Justice Planning Office Date:/%q� CITY ADMINISTRATOR/CITY CLERK'S INTER -OFFICE MEMORANDUM DATE: December 20, 2004 TO: hief S. Benudiz F Nelly Giron, Deputy City Clerk RE: Agreement Nos. 04-135 & 04-136 - 2003 & 2004 Urban Areas Securitv Initiative Grants Transmitted herewith are four original agreements executed by the City that were approved by City Council on December 15, 2004 through Resolution Nos. 8620 and 8621. Please forward to the City of Los Angles for processing and ensure that a duplicate original of the fully executed Agreement No. 04-0135 and 04-136 are returned to this office. NG:rcm SUPPORTING DOCUMENTS VERNON POLICE DEPARTMENT OFFICE MEMORANDUM October 20 2004 TO: Eric Fresch, City Attorney FROM: Acting Chief S. Benudiz SUBJECT: 2004 Urban Areas Security Initiative Grant Program (FY04 UASI) I am requesting that your staff review the attached City of Los Angeles FY04 Urban Security Initiative Personal Services Agreement. As detailed in the included memorandums from Lt. Calleros, this agreement will allow the City of Vernon Police and Fire Departments to receive a total of $140,350.00 in grants for the purchase of personal protective equipment, hazardous material equipment and communication equipment. If approved, I will recommend that the City Administrator considered the grant and forward myrequest to the City Council. Thank you. OC I 1 2Cj04 Y, n Police Department City of Vernon October 12, 2004 TO: Chief Benudiz FROM: Lt. Calleros SUBJECT: Fiscal Year 2004 Urban Areas Security Initiative Grant Program (FY04 UASI) The federal Department of Homeland Security (DHS) has provided funding to California's Office of Homeland Security (OHS) through the Fiscal Year 2004 Urban Areas Security Initiative Grant Program (FY04 UASI). This grant provides funding for the following: ■ Address the unique planning. Equipment, training, and exercise needs of large urban areas; Assist urban areas in building an enhanced and sustainable capacity to prevent, respond to and recover from threats or acts of terrorism; and, Assist identified mass transit authorities in the protection of critical infrastructure and emergency preparedness activities. Eligible grant recipients under this grant are 10 urban areas (core cities) and six transit agencies. The City of Los Angeles is one of the eligible recipients and is identified as the "core city" for this urban area. The City of Vernon is one of the fifteen cities eligible to receive grant funds under the "core city" of Los Angeles because it has been identified as having potential terrorism targets. This grant process is very similar to last year's FY03 UASI Grant Program. Since the City of Los Angeles is the "core city," they are required to process the grant with the Office of Homeland Security. The City of Los Angles will distribute the appropriate funds to eligible agencies in this urban area. The FY04 UASI grant performance period is November 30, 2005. This means that all purchases under this grant must be processed to the City of Los Angeles before the end of the performance period. Under this grant there are no cost -share or match requirements. The City of Los Angeles will reimburse the City of Vernon for equipment purchased under this grant. The method of payment for purchased equipment will require the City of Vernon to submit an invoice to the City of Los Angeles detailing the expenditures made by the City of Vernon. Captain Towles attended several meetings pertaining to the grant process and eligible activities. Captain Towles also submitted to the UASI Working Group a list of equipment to purchase under this grant for both the Police Department and the Fire Department. The Police Department requested interoperable communications and dosimeter equipment. The Fire Department requested Hazmat and USAR equipment. Upon finalization of the budget process, the UASI Working Group approved the FY04 UASI budget and included $69,400.00 to the Vernon Police Department and $70,950.00 for the Vernon Fire Department. This amount will cover the equipment requested for this grant. In April 2004, the City of Los Angeles submitted the Fiscal Year, 2004 Urban Areas Security Initiative Grant application to the federal government. The Office of Homeland Security approved the grant in July 2004 in the amount of $28,101,720.00. On August 17, 2004 we received notification that the City of Los Angeles Council had approved the FY04 UASI grant award. However, finalization of the Memorandum of Understanding/Contract between the City of Los Angeles and eligible cities for this grant was not finalized. On September 29, 2004 we received notification from the City of Los Angeles that the FY04 Urban Area Security Initiative Personal Services Agreement was finalized by the City of Los Angeles. I am requesting that the City consider participation in this grant process. This grant will allow the Police and Fire Department to purchase equipment to better prepare personnel for incidents involving acts of terrorism. Attached is a copy of the FY04 Urban Areas Security Initiative Grant Guide for Local Governments. This guide explains all the conditions of the grant. I have also attached a copy of the spreadsheet that shows what equipment the City of Vernon may be able to receive if our participation is approved by the City of Vernon. If the City approves participation for this grant, I have included the City of Los Angeles FY04 Urban Area Security Initiative Personal Services Agreement for the City Administrator to review. LL. ¥ � k w \ E E / �IL-E j && 0 CD R 0-0 ■ 2 \ cc cc / � � 2¢¢. 0 0000 Done 0 0 q / co comoco ® ©co o 7 e 00$ 7\ §� > «LLB\/08£ k0U)eo ■ e 10 2 e e—& >eO0ca ®@—©©f @ 0 e a c c��_o0:3 c ak2k/�\�E$ �Ef2§22LL0) IL =2o«ak�gSki®22k\k=©rj — <�=�— ■ o e® o$§ _ne o—ao�� m o e#� a@ o © o© �$0x D0-0O 6-0e-oa#-E��£© k_ .. � . § k _ . 2 U E\ $� LU 7 r CL CL E 2 g CL aorta LLJ_ 0 f o@e0 a 2 oDle � � / 2 2 2 @ > > >�> a 7 2G/ E � 2 & a-