Resolution No. 2011-028RESOLUTION NO. 2011-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE CITY'S
PARTICIPATION IN THE 2009 URBAN AREAS SECURITY
INITIATIVE GRANT PROGRAM, APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND THE CITY OF LOS ANGELES, AND
AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY TO
OBTAIN THE GRANT
WHEREAS, the U.S. Department of Homeland Security, through
the Office of Grants and Training, has awarded a 2009 Urban Areas
Security Initiative ("UASI") Grant of $54,632,360.00 to the City of Los
Angeles for equipment, planning, exercises, organizational activities
and training; and
WHEREAS, the Office of Grants and Training has allocated the
sum of $117,834.00 to the Vernon Fire Department to directly fund the
training and backfill costs for chemical, biological, radiological,
nucular and explosive, hazardous materials and Urban Search & Rescue
Training; and
WHEREAS, the City of Los Angeles has approved and awarded
2009 UASI grant funds in the amount of $117,834.00 to the City of
Vernon Fire Department; and
WHEREAS, the City of Los Angeles requires a formal agreement
between the City and the City of Los Angeles setting forth the terms
and conditions governing the disbursement and use of 2009 UASI grant
funds (the "Agreement") prior to disbursing said funds to the City; and
WHEREAS, City staff has recommended that the City participate
in the 2009 UASI Grant Program and that the City Council approve and
authorize the execution of the necessary documents to receive funding
under said Program; and
WHEREAS, the City Council desires to participate in the 2009
UASI Grant Program and approve and authorize the execution of necessary
documents to receive 2009 UASI grant funds in the total sum of
$117,834.00.
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
finds and determines :that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the City's participation in the 2009 UASI Grant Program.
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.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy City
Clerk, is hereby authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute any and
all documents necessary to secure the grant funds and implement and
carry out the terms of the Agreement, including the -Certifications
regarding debarment, lobbying and drug -free requirements attached
hereto and incorporated herein as Exhibits B, C, and D, respectively,
and to take whatever action is deemed necessary or desirable for the
purpose of implementing andcarryingout the purposes specified in the
Agreement for, and on behalf of, the City of Vernon.
2
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send two
copies of the executed Agreement to:
Gabby Jaso, Contracts Specialist
Office of the Mayor, Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 1st day of March, 2011.
ATT T:
P
Willard G. Yam g hi, ty Clerk
Name: Hilario Gonzales
Title: Mayor
- 3 -
STATE OF CALIFORNIA )
)-ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-28, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, March 1, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of March, 2011, at Vernon, California.
W liar G. Ya a uch', City Clerk
(SEAL)
- 4 -
EXHIBIT A
SUBRECIPIENT AGREEMENT
Jurisdiction: City of Vernon
Title: FY 09 Urban Area Security Initiative (UASI) Grant Program
City Contract Number
TABLE OF CONTENTS
Section Description Page
.
INTRODUCTION
§101. Parties to the Agreement................................................................................... 6
§102: Representatives of the Parties and Service of Notices ...................................... 6
§103. Independent Party.............................................................................................. 7
§1-04. Conditions Precedent to Execution of This Agreement ...................................... 7
II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance......................................................................................... 8
§202. Use of Grant Funds............................................................................................ 8
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment...........................................15
IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein...................................................17
§402. Applicable Law, Interpretation and Enforcement.............................................17
§403. Integrated Agreement......................................................................................17
§404. Excusable Delays............................................................................................18
§405. Breach..................................................................................... .....................18
§406. Prohibition Against Assignment or Delegation.................................................18
-§407. Permits.............................................................................................................18
§408. Nondiscrimination and Affirmative Action.........................................................19
§409. Los Angeles City Business Tax Registration Certificate..................................19
§410. Bonds...............................................................................................................19
§411. Indemnification................................................................................................. 20
§412. Conflict of Interest............................................................................................ 20
§413. Insurance......................................................................................................... 22
§414. Restriction on Disclosures............................................................................... 22
§415. Statutes and Regulations Applicable To All Grant Contracts ........................... 22
§416. Federal, State and Local Taxes....................................................................... 31
§417. Inventions, Patents and Copyrights................................................................. 31
§418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage
Policy............................................................................................................... 33
§419. Earned Income Tax Credit...............................................................................33
UASI '09 Subrecipient Agreement i 1/10
§420. Equal Benefits Ordinance................................................................................ 33
§421.Contractor Responsibility Ordinance................................................................. 33
§422. Slavery Disclosure Ordinance.......................................................................... 33
§423. Child Support Assignment Orders.................................................................... 34
§424. Minority, Women, and Other Business Enterprise Outreach Prog.ram............. 34
§425. Publications..................................................................................................... 34
V.
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults............................................................................................................ 35,
§502. (This section intentionally left blank'.)............................................................... 35
§503. (This section intentionally left blank.)............................................................... 35
§504. (This section intentionally left blank.)............................................................... 35
§505. Amendments....................................................................................................35
VI.
ENTIRE AGREEMENT
§601. Complete Agreement....................................................................................... 36
§602. Number of Pages and Attachments................................................................. 36
Execution (Signature) ......................................... 37
UASI '09 Subrecipient Agreement ii 1/10
EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit B- Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Drug Free Requirements
Fxhib.it_E Grant Assurances
Exhibit F Part -IV: Application and Submission Subpart E Funding Restrictions
Exhibit G Part VIII, Other Information - HSGP Allowable Costs, HSGP Allowable
Expenses, Allowable Planning, Training, and Exercise Examples Specific
to Law Enforcement Terrorism Prevention -oriented Activities
Exhibit H Intentionally Omitted
Exhibit I Equipment Ledger
Exhibit J Training Roster
Exhibit K Exercise Roster
Exhibit L Planning Roster
Exhibit M Modification Request Form
Exhibit N Sole Source Request Form
-Exhibit O Intentionally Omitted
Exhibit P Reimbursement Request Form
Exhibit Q Aviation Equipment Request Form
Exhibit R Establish/Enhance EOC Request Form
Exhibit S Establish/Enhance JRIC Request Form
Exhibit T Forma Project Timeline
UASI '09 Subrecipient Agreement iii 1/10
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made and
entered into by and, between the City of Los Angeles, a municipal 'corporation (the
"City,"), and City of Vernon, a municipal corporation (the "Subgrantee" or
"Subrecipient").
WITNESSETH
WHEREAS, the U.S. Department of Homeland Security("DHS" or "Grantor"),
through the Office of Grants and Training ("G&T"), has provided financial assistance to
the Los Angeles/ Long Beach Urban Area ("LA/LBUX) through the Fiscal Year (FY)
2009 Urban Areas Security Initiative Grant Program ("UAS109" or the "Grant") in the
amount of $54,632,360 (" Grant Funds"), such Grant Funds having been awarded by
G&T to the City, as a Core City, for use in the LA/LBUA and such Grant having been
accepted by the City Council (C.F. # 09-1275 and August 3, 2010); and
WHEREAS, the LA/LBUA consists of the City of Los Angeles, the City of Long
Beach, the unincorporated area of the County of Los Angeles, and participating
jurisdictions, including the Subrecipient; and
WHEREAS, this financial assistance is administered by the City of Los Angeles
and is overseen by the California Emergency Management Agency ("CalEMA"); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, organization, 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 City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ("Mayor's Office") to provide for the proper monitoring of the
funding and administration of the Grant; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 09 Grant Funds
allocated to the Subrecipient as a participating jurisdiction in the LA/LBUA as further
detailed in this Agreement;
WHEREAS, the City and Subrecipient are desirous of executing this Agreement
as authorized by the City Council and the Mayor (refer to Council File Number # 09-
1275 dated August 3, 2010) which authorizes the City to prepare and execute this
Agreement.
UASI 09 Subrecipient Agreement 4 1/10
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and the mutual benefits to be derived therefrom, the City and the Subrecipient (each a
"Party" and collectively, the "Parties") agree as follows:
UASI 09 Subrecipient Agreement 5 1/10
1.
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 Spring
Street, Los Angeles, California 9-0012; and
B. City of Vernon, [a municipal corporation], having its principal office at 4305 South
Santa Fe, 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:
1. The representative of the City of Los Angeles shall be, unless otherwise
stated in this Agreement:
Eileen Decker, Deputy Mayor
Office of the Mayor, Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0687
Fax: (213) 978-0718
2. The representative of City of Vernon shall be:
David Lazar, Battalion Chief
Vernon Fire Department
4035 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-8811 Ext.511
Fax: (323) 581-1682
dlazar@ci.vernon.ca.us
UASI 09 Subrecipient Agreement ( 1/10
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
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or
employee of the City. No employee of Subrecipient is, or shall be, an employee
of the City by virtue of this Agreement, and Subrecipient shall so inform each
employee organization and each employee who is hired or retained under this
Agreement. Subrecipient 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.
§104. Conditions Precedent to Execution of This Agreement
Subrecipient shall provide copies of the following documents to the City, unless
otherwise exempted.
A. This Section'is Left Intentionally Blank
B. Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with §415.A.12 of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with §415.A.4
of this Agreement and attached hereto as Exhibit C and made a part hereof.
Subrecipient 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 Subrecipient.
D. Certification Regarding Drug Free Workplace Requirements in accordance with §
415.A.13 of this Agreement and attached hereto as Exhibit D and made a part
hereof.
UASI 09 Subrecipient Agreement 7 1/10
II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on September 30, 2009 and end
March 31, 2012, and any additional period of time as is required to complete any
necessary closeout activities. Said term is subject to the provisions herein.
§202. Use of Grant funds
A. Subrecipient's allocations and use of funds under this Grant shall comply and be
in accordance with, and subject --to, the guidance, regulations and requirements
set forth in the following: (1) DHS FY 2009 Homeland Security Grant Program
Guidance and Application Kit ("DHS 09 Guidance"), (2) DHS Information
Bulletins, (3) CaIEMA's FY 09 Homeland Security Grant Program California
Supplement to Federal Guidance and Application Kit ("CaIEMA 09 Supplement"),
(4) CaIEMA Grant Management Memos ("GMM"), (5) the current editions of the
Office of Justice Programs ("OJP") Financial Guide and the DHS Financial
Management. Guide, (6) DHS/FEMA's Grants Management Common Rule as
codified in Title 44 Code of Federal Regulations (CFR) Part 13, (7) CaIEMA FY
09 Grant Assurances, attached, hereto as Exhibit E and made a part hereof, and
(8) this Agreement. Subrecipient shall use the Grant Funds allocated to it to
support the goals and objectives included in the State and/or Urban Area
Homeland Security Strategies as well as the investments and projects identified
in the Investment Justifications, which were submitted as part of the California FY
2009 Homeland Security Grant Program application. Further, use of the Grant
Funds is limited to those investments and projects included in the California
FY09 Investment Justifications submitted to DHS/FEMA/CaIEMA and evaluated
through the peer review process. Subrecipient shall comply with any cost
sharing commitments included in such FY09 Investment Justifications, where
applicable. Subrecipient agrees that that Grant Funds will be used to
supplement existing funds for program activities, and will not supplant (replace)
non -Federal funds.
Subrecipient hereby certifies that it has the legal authority to apply for the
financial assistance given through the Grant and has the institutional, managerial
and financial capability to ensure proper planning, management and completion
of its projects being funded by the Grant Funds. Subrecipient shall assure that
Grant Funds allocated to it are used for allowable, fair and reasonable costs only
and will not be transferred between programs (State Homeland Security
Program, Urban Area Security Initiative, Citizen Corps Program, and
Metropolitan Medical Response System) or fiscal years. Subrecipient shall notify
City and CaIEMA of any developments that have a significant impact on Grant
Fund supported activities of Subrecipient, including changes to key program
UASI 09 Subrecipient Agreement 8 1/10
staff. Subrecipient shall cooperate with any assessments, national evaluation
efforts, or information or data collection requests, including, but not limited to, the
provision of any information required for the assessment or evaluation of any
activities contemplated by this Agreement.
B. Subrecipient and the City have previously completed a mutually approved
Budget/Expenditure Plan, dated August 3,2010 (the "Budget"). The Budget
contains detailed listings of items and projects for expenditure under the terms of
this Agreement and the Grant, and Subrecipient shall use the funds disbursed'
under this Agreement only for such items. Any request by Subrecipient to modify
the- Budget must be made in writing and must be approved in writing by the
Parties during the term of this Agreement.
1. Any request by Subrecipient to modify the Budget must be made in writing
and accompanied by a completed Modification Request Form, attached
hereto as Exhibit M. All modification requests must be approved in writing
by the City during the term of this Agreement to be effective.
2. Budget modification requests must be submitted to the City no later than
30 days before the end of each fiscal quarter for which the modification is
sought. Submissions made after the deadline will be returned to the
Subrecipient and will not be accepted until the following submission
period. The City will notify the Subrecipient in writing if modification
requests are inaccurate and/or incomplete. Inaccurate and/or incomplete
modification requests shall be returned to the Subrecipient for revision and
shall be accepted by the City when modification requests are accurate and
complete. Subrecipient shall not expend any Grant Funds on modified
budget items until such modification is approved by the City and
CaIEMA/Grantor.
3. Final modification requests must be submitted to the City no later than 30
days prior to the end of the applicable Grant performance period deadline
to provide the City time to meet CalEMA/Grantor requirements. At that
time, any unexpended funds may be re -directed to other needs across the
LA/LBUA. The City will notify Subrecipient, in writing, when unexpended
balances may be re -directed.
C. Subrecipient shall complete a UASI 09 Project Timeline provided by the City to
manage its allocation of the Grant Funds. A UASI 09 Project Timeline is
attached hereto as Exhibit T. Subrecipient shall provide a UASI 09 Project
Timeline and any reports requested by the City regarding performance of this
Agreement by a date specified by the City. Plans and reports shall be in the form
as set forth in Exhibit T and shall be provided in a timely manner. The
completion of each milestone and deliverable referenced in the UASI 09 Project
Timeline is subject to the prior review and written approval of the City. Subject to
prior City approval, Subrecipient may update the UASI 09 Project Timeline
quarterly, if necessary, and provide such updates to the City in order to monitor
UASI 09 Subrecipient Agreement 9 1/10
and evaluate Subrecipients performance. Failure to meet any milestones or
deadlines as set forth in Subrecipient's UASI 09 Project Timeline may result in
the City reducing Grant Funds allocated to the Subrecipient, as more fully set
forth in §301 of this Agreement.
D. Subrecipient shall initiate and complete work on a project within the applicable
time frame after receipt of approval for such project from CaIEMA. CalEMA may
grant extensions to the time of performance for a project at its sole discretion.
Any request by Subrecipient to extend the time of performance for a project must
be made in writing to the Mayor's Office. All extension requests must be
approved by CalEMA in writing during the term of this Agreement to be effective.
E. Project extension requests must be submitted to the City no later than 120 days
before the end of the applicable project time of performance. The City will notify
the Subrecipient in writing if project extension requests are inaccurate and/or
incomplete. Inaccurate and/or incomplete project extension requests shall be
returned to the Subrecipient for revision and shall be accepted by the City when
project extension requests are accurate and complete.
F. Any equipment acquired pursuant to this Agreement shall be authorized subject
to, and in compliance with the CalEMA 09. Supplement, GMMs, UASI Authorized
Equipment List (www.rkb.us), DHS Information Bulletins, and DHS 09 Guidance,
which includes Part V: Application and Submission Subpart E Funding
Restrictions (attached as Exhibit F hereto and made a part hereof), and Part VIII,
Other Information - HSGP Allowable Costs, HSGP Allowable Expenses,
Allowable Planning, Training, Organization, and Exercise Examples Specific to
Law Enforcement Terrorism Prevention -oriented Activities (attached as Exhibit G
hereto and made a part hereof). Subrecipient shall provide the City a copy of its
most current procurement guidelines and follow its own procurement
requirements as long as they meet the minimum federal requirements, which
include, but are not Limited to, those regulations set forth in OMB Circulars A-87,
A-21, A-21, A-102 A-110, A-122, A-133, Executive Order (E.O.) 12372, Title 28
CFR Parts 66 and 70, the current editions of the OJP Financial Guide and the
DHS Financial Management Guide, and Title 44 CFR-Part 13.
Any equipment acquired or obtained with Grant Funds:
Will be made available pursuant to applicable terms of 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 LA/LBUA, 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;
UASI 09 Subrecipient Agreement 10 1/10
2. Shall be consistent with needs as identified in the State Homeland
Security Strategy and will be deployed in conformance with that Strategy.
G. 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 CPUs), terminals and printers.
Equipment shall be used by Subrecipient intheprogram or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. Subrecipient 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. An equipment ledger, attached hereto as Exhibit 1, shall be maintained for
each item of Equipment acquired for the program. This record must be
updated quarterly and forwarded to the City along with completed
reimbursement request forms (Exhibit P), when applicable. Records must
be retained pursuant to 28 CFR Part 66, the current editions of the OJP
Financial Guide and the DHS Financial Management Guide, and Title 44
CFR Part 13. For each piece of equipment, the record shall include:
(a) The line item number and project number as stated in the
Budget
(b) The equipment description as stated in the Budget
(c) The Authorized Equipment Listing number (AEL) found at
hftp://www.rkb.mipt.org
(d) The AEL title
(e) The invoice number
(f) The vendor
UASI 09 Subrecipient Agreement 11 1/10
(g) Total cost (prime vendor)
(h) Total cost (general)
(i) Cash request #
(j) Acquired date
(k), ID Tag #
(1) The condition and disposition of the equipment, indicating
whether it is new or used
(m) The deployed location, including the address and/or
name of the facility where the equipment is located
(n) The name and contact information to whom the
equipment is assigned.
(o) Environmental and Historical Preservation (EHP) Notes
4. All equipment obtained under this Agreement shall have an LA/LBUA
identification decal affixed to it, and, when practical, shall be affixed where
it is readily visible. Subrecipient also agrees that, when practicable, any
equipment purchased with UASI grant funding shall be prominently
marked as follows: "Purchased with funds provided by the U.S.
Department of Homeland Security."
5. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every year.
6. Subrecipient must obtain a performance bond for any equipment item over
$250,000; or any vehicle, aviation or watercraft (regardless of the cost)
financed with UASI grant funds.
7. Requests for aviation equipment must be made in writing and
accompanied by a completed Aviation Equipment Request form, attached
hereto as Exhibit Q.
8. Requests to establish or enhance Emergency Operation Centers (EOCs)
must be made in writing and accompanied by a completed
Establish/Enhance EOC Request form, attached hereto as Exhibit R.
9. Requests to establish or enhance the LA/LBUA Joint Regional Intelligence
Center (JRIC) must be made in writing and accompanied by a completed
Establish/Enhance JRIC Request form, attached hereto as Exhibit S.
UASI 09 Subrecipient Agreement 12 1/10
10. Aviation, EOC and JRIC Request forms must be approved by CaIEMA in
writing during the term of this Agreement. Request forms must be
submitted to the City within 60 days of project commencement date.
Purchases may not be made nor may the project commence until Request
forms are submitted to and approved by the City. The City will notify the
Subrecipient in writing if Request forms are inaccurate and/or incomplete.
Inaccurate and/or incomplete Request forms shall be returned to the
Subrecipient for revision and shall be accepted by the City when Request
forms are accurate and complete.
11. If applicable, Subrecipient must meet the deadline for the any equipment
items. Listed its UASI 09 Project Timeline, as approved by the City.
12. Notwithstanding anything to the contrary in this Agreement, Equipment
must meet all mandatory regulatory and/or DHS-adopted standards to be
eligible for purchase using Grant Funds. In addition, Subrecipient shall be
responsible for obtaining and maintaining all necessary certifications and
licenses for the requested Equipment.
H. Any training paid pursuant to this Agreement shall be authorized subject to, and
in compliance with the CaIEMA 09 Supplement, GMMs, DHS Information
Bulletins, and DHS 09 Guidance, which includes Part V: Appl.ication and
Submission Subpart E Funding Restrictions (attached as Exhibit F hereto and
made a part hereof), and Part VIII, Other Information - HSGP Allowable Costs,
HSGP Allowable Expenses, Allowable Planning, Training, and Exercise
Examples Specific to Law Enforcement Terrorism Prevention -oriented Activities
(attached as Exhibit G hereto and made a part hereof) and must be pre -
authorized by CaIEMA at http://www.ohs.ca.gov/hseep/TrainingHome.html. A
catalogue of Grantor approved and sponsored training courses is available at
http://www.firstrespondertraining.gov/odp webforms.
Any exercise pursuant to this Agreement shall be authorized subject to, and in
compliance with the CaIEMA 09 Supplement, GMMs, DHS Information Bulletins,
and DHS 09 Guidance, which includes Part V: Application and Submission
Subpart E Funding Restrictions (attached as Exhibit F hereto and made a -part
hereof), and Part VIII, Other information -HSGP Allowable Costs, HSGP
Allowable Expenses, Allowable Planning, Training, and Exercise Examples
Specific to Law Enforcement Terrorism Prevention -oriented Activities (attached
as Exhibit G hereto and made a part hereof). Detailed Homeland Security'
Exercise and Evaluation Program Guidance is available at http://hseei).dhs.gov.
J. Any planning paid pursuant to this Agreement shall be authorized subject to, and
in compliance with the CaIEMA 09 Supplement, GMMs, DHS Information
Bulletins, and DHS 09 Guidance, which includes Part V: Application and
Submission Subpart E Funding Restrictions (attached as Exhibit F hereto and
made a part hereof), and Part VIII, Other Information - HSGP Allowable Costs,
HSGP Allowable Expenses, Allowable Planning, Training, and Exercise
UASI 09 Subrecipient Agreement 13 1/10
Examples Specific to Law Enforcement Terrorism Prevention -oriented Activities
(attached as Exhibit G hereto and made a part hereof). Subrecipient must have
a City approved, tangible deliverable for the planning project. Reference
materials and additional details are available at.http://www.homeland.ca.go
K. Funds utilized to establish or enhance state and local fusion centers must
support the development of a statewide fusion process that corresponds with the
Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center
Guidefines and achievement of a baseline level of capability as defined by the
Fusion Capability Planning Tool
L. Any organizational activities paid pursuant to this Agreement shall be authorized
subject to, and in compliance with the CalEMA 09 Supplement, GMMs, DHS
Information Bulletins, and DHS 09 Guidance, which includes Part V: Application
and Submission Subpart E Funding Restrictions (attached as Exhibit F hereto
and made a part hereof), and Part VIII, Other Information - HSGP Allowable
Costs, HSGP Allowable Expenses, Allowable Planning, Training, and Exercise
Examples Specific to Law Enforcement Terrorism Prevention -oriented Activities
(attached as Exhibit G hereto and made a part hereof). Plans and reports shall
be in the form requested by the City, and shall be provided in a timely manner.
M. As- required by CaIEMA, the City shall provide Subrecipient with an electronic,
interactive, Financial Management Forms Workbook, based on the pro forma
template, incorporated herein by reference. Subrecipient shall continuously
maintain the Project Management Workbook to access, complete and update the
following documents:
(1) Reimbursement Checklist
(2) Reimbursement Request Form
(3) Equipment Ledger
(4) Training Roster
(5) Exercise Roster
(6) Planning Roster
N. Any and all requests for Sole Source procurements or contracts must be
Ak approved by the City and CalEMA prior to Subrecipient entering into such
contract. Such request shall be made on a Sole Source Request Form, as attach
hereto as Exhibit N. Any such request may be denied by City and CalEMA in
their sole discretion.
UASI 09 Subrecipient Agreement 14 1/10
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount
of One Hundred Seventeen Thousand Eight Hundred Thirty Four Dollars
($117,834.00) to be used for purchase of equipment, planning, exercises,
organizational activities, and training as described in Section 202 above. The
Grant Amount represents the amount allocated to Subrecipient in the FY 09
UASI grant award notice. The disbursement shall be on a reimbursement basis
only.
Subrecipient shall -maintain procedures to minimize the time elapsing between
the award of Grant Funds and the disbursement of such funds.
B. Subrecipient shall prepare, maintain and provide to the City invoices requesting
payment as well as purchase orders, proof of delivery, proof of payment and
payroll records, timesheets, receipts and any other supporting documentation
necessary to fully and accurately describe the expenditure of funds for which
reimbursement from Grant Funds is sought under this Agreement. All such
supporting- documentation shall satisfy applicable federal, state and City audit
and review standards and requirements. Such documentation shall be prepared
at the sole expense and responsibility of the Subrecipient, and the City will not
reimburse the Subrecipient for any costs incurred for such preparation. The City
may request, in writing, changes to the content and format of such
documentation at any time, and the City reserves the right to request additional
supporting documentation to substantiate costs incurred at any time. In addition,
each reimbursement request shall be accompanied bythe Reimbursement
Request Form (attached hereto as Exhibit P) and Equipment Ledger (Exhibit 1),
Training Roster (Exhibit J), Planning Roster (Exhibit L) and/or Exercise Roster
(Exhibit K), as applicable, detailing the expenditures made by Subrecipient as
authorized by Section 202 above. For equipment for which -Subrecipient is
requesting reimbursement, an equipment ledger (Exhibit-1) and -all -appropriate
back-up documentation must be attached to the reimbursement form,.. including
invoices and supporting documentation, including proof of payment and proof of
delivery. For training and exercise reimbursements, Subrecipient must include a
copy of the class training roster (attached hereto as Exhibit Q or class exercise
roster (attached hereto as Exhibit K) verifying training attendees., -proof that a
CalEMA tracking number has been assigned to the course, and supporting
documentation, including timesheets and payroll registers for all training
attendees.
1. The Grantor seeks to encourage Regional Projects, where two or more
jurisdictions or Urban Areas join together on a given project for the
common good of the region. For regional project reimbursements,
UASI 09 Subrecipient Agreement 15 1/10
Subrecipient must include approval from the lead agency for all submitted
invoices.
2. Reimbursement requests must be submitted to the City monthly. Final
reimbursement requests for the grant period must be submitted to the City
on or before January 31, 2012. The City will notify the Subrecipient in
writing if reimbursement requests are inaccurate and/or incomplete.
Inaccurate and/or incomplete reimbursement requests shall be returned to
the Subrecipient for revision and shall be accepted by the City when
reimbursement requests are accurate and complete.
C. Payment of final invoices shall be withheld by the City until the City has
determined that Subrecipient has turned in all supporting documentation and
satisfied the requirements of this Agreement.
D. Subrecipient must account separately for all interest income earned from the
Grant Funds. In accordance with OJP financial guidelines and 4.4 CFR Part 13,
interest earned on Grant Funds must be reported and returned to the City.
Subrecipient will maintain records of and account for any interest earned on
Grant Funds. Subrecipient shall promptly return to the City all Grant Funds
received which exceed the approved, actual expenditures as accepted by
CalEMA and Grantor. In the even the amount of the Grant Funds allocated to
Subrecipient is reduced, the reimbursement applicable to the amount of such
reduction will be promptly refunded to the City to be returned to CaIEMA and
Grantor.
E. It is understood that the City makes no commitment to fund this -Agreement
beyond the terms set forth herein.
F. This section intentionally blank.
G. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
immediately upon written notice to Subrecipient of a loss or reduction of federal
grant funds.
H. The City reserves the right at any time to modify the amount of Grant Funds
allocated to the Subrecipient in this Agreement in the event that the Subrecipient
does not meet milestone spending deadlines or other project milestones for their
contemplated projects as set forth in Subrecipient's UASI 09 Project Timeline.
The Subrecipient will be notified in writing of such modifications made to its
allocation of Grant Funds for failure to meet milestones or deadlines set forth in
its UASI 09 Project Timeline. Such modifications include, but are not limited to,
suspension, termination or reduction of Grant Funds allocated to the
Subrecipient. In addition, Subrecipient shall promptly repay to City any
unapproved expenditures relating to such modifications or Subrecipient's failure
to meet milestones or deadlines set forth in its UASI 09 Project Timeline.
UASI 09 Subrecipient Agreement 16 1/10
IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement 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 "Subrecipient" 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 Subrecipient 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, including but not
limited to, laws regarding health and safety, labor and employment, wage and
hours and licensing laws which affect employees. This Agreement shall be
enforced and interpreted. -under the laws of the State of California and the City
without regard to conflict of law principles. Subrecipient shall comply with new,
amended, or revised laws, regulations, and/or procedures that apply to the
performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Los Angeles County, California.
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 parts, terms
or provisions of this Agreement shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth al -I 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.
UASI 09 Subrecipient Agreement 17 1/10
§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 faultandnegligence 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 as described in §404 herein, 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
Subrecipient 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
Subrecipient and its directors, officers, agents, employees and
contractors/subcontractors, to the extent allowed hereunder, shall obtain and
maintain all licenses, permits, certifications and other documents necessary for
Subrecipient's performance hereunder and shall pay any fees required therefore.
Subrecipient certifies to immediately notify the City of any suspension,
termination, lapses, non -renewals or restrictions of licenses, permits, certificates,
or other documents.
UASI 09 Subrecipient Agreement 18 1/10
§408. Nondiscrimination and Affirmative Action
A. Subrecipient 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, the Subrecipient 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. The Subrecipient 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 CFR Part 60).
B. Subrecipient 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 $1,000 but not more than
$100,000, 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 $100,000, 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. Subrecipient
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.
C. Any subcontract entered into by the Subrecipient relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of this paragraph.
§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 all federal
requirements regarding the use of Grant Funds and shall be filed with the Office
of the City Administrative _Officer, Risk Management for its review in accordance
with Los Angeles Administrative Code Sections 11.47 through 11.56.
UASI 09 Subrecipient Agreement 19 1/10
§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. Subrecipient certifies
that it has adequate self insured retention of funds to meet any obligation arising
from this Agreement.
A. Pursuant to Government Code Section 895.4 and 895.6, the parties shall
each assume the full liability imposed upon it, or any of its officers, agents
or employees, by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss,
costs, or expenses that may be imposed upon such other party by virtue
of Government Code section 895.2, which imposes joint civil liability upon
public entities solely by reason of such entities being parties to an
agreement, as defined by Government Code section 895.
C. In the event of third -party loss caused by negligence, wrongful act or
omission by both Parties, each party shall bear financial responsibility in
proportion to its percentage of fault as may be mutually agreed or judicially
determined. The -provisions of Civil Code Section 2778 regarding
interpretation of indemnity agreements are, hereby incorporated
§412. Conflict of Interest
A. Subrecipient shall 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.
Subrecipient -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 subcontractors
is or has the appearance of being motivated by a desire for personal gain for
UASI 09 Subrecipient Agreement 20 1/10
themselves or others such as family business, etc.; or where such person knows
or should have known that:
1. A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3 The participation- of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et sea. if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
B. Definitions:
The term "immediate family" 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:
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.
C. (This section intentionally left blank.)
D. The Subrecipient further covenants that no officer, director, employee, or agent
shall solicit or 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).
E. The Subrecipient 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 Subrecipient.
UASI 09 Subrecipient Agreement 21 1/10
F. Prior to obtaining the City's approval of any subcontract, the Subrecipient shall
disclose to the City any relationship, financial or otherwise, direct or indirect, of
the Subrecipient or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. 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 of Los Angeles, State of California, and Federal regulations regarding
conflict of interest.
H. The Subrecipient warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement.
I. The Subrecipient covenants that no member, officer or employee of Subrecipient
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.
J. The Subrecipient shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and "sub
subcontractor" for "Subcontractor".
§413. Insurance
This section is not applicable to this Agreement, and is intentionally left blank.
§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 State and Federal Statutes and Requlations
A. Statutes and Regulations Applicable To All Grant Contracts
Subrecipient shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws, executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. Subrecipient shall comply with state and federal laws and regulations
pertaining to labor, wages, hours, and other conditions of employment.
Subrecipient shall comply with new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These
requirements include, but are not limited to:
Office of Management and Budget (OMB) Circulars
UASI 09 Subrecipient Agreement 22 1/10
Subrecipient shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB
Circular A-87 (Cost Principles for State, Local, and Indian Tribal
Governments); OMB Circular A-102 (Grants and Cooperative
Agreements with State and Local Governments); Common Rule,
Subpart C for public agencies or OMB Circular A-110 (Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations); OMB Circular A-122 (Cost Principles for Non -Profit
Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non -Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
Subrecipient shall adhere to the rules and regulations of the Single
Audit Act, 31 USC Sec. 7501 et seq.; City Council action dated
February 4, 1987 (C.F. No. 84 2259 S1); and any administrative
regulation or field memos implementing such Act.
3. , Americans with Disabilities Act
Subrecipient hereby certifies that it will comply with the Americans
with Disabilities Act 1990 ("ADA"), 42 USC §§ 12101 et seq., and
its implementing regulations, including Subtitle A, Title 11 of the
ADA. Subrecipient will provide reasonable accommodations to
allow qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance
with the provisions of the ADA. Subrecipient will not discriminate
against persons with disabilities nor against persons due to their
relationship to or association with a person with a disability. Any
contract entered into by the Subrecipient (or any subcontract
thereof), relating to this Agreement, to the extent allowed
hereunder, shall be subject to the provisions of this paragraph.
4. Political and Sectarian Activity -Prohibited
a. 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. Subrecipient shall not use any
funds provided under this Agreement be used, directly or
indirectly, to support the enactment, defeat, repeal, -modification
or adoption of any law, regulation, pending legislation, pending
regulation, or policy (pending or otherwise), at any level of
government. None of the funds provided pursuant to this
UASI 09 Subrecipient Agreement 23 1/10
Agreement shall be used for any sectarian purpose or to
support or benefit any sectarian activity.
b. If this Agreement provides for more than $100,000.00 in grant
funds or more than $150,000 in loan funds, Subrecipient shall
submit to the City a Certification Regarding Lobbying and a
Disclosure Form, if required, in accordance with 31 U.S.C.
1352. A copy of the Certificate is attached hereto as Exhibit C
and incorporated herein. No funds will be released to
Subrecipient until the Certification is filed.
c. Subrecipient 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
Subrecipient. Subrecipient 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.
5. Records Inspection
a. At any time during normal business hours and as often as the
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and the State of
California may deem necessary, Subrecipient shall make
available for examination all of its records with respect to all
matters covered by this Agreement. Subrecipient hereby gives
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and the State of
California, through any authorized representative, access to,
and the right to examine, audit and make excerpts or transcripts
of, all paper or electronic records, books, or documents related
to the Grant Funds and all matters covered by this Agreement,
including, but not limited to all Subrecipient's invoices, materials,
payrolls, records of personnel, conditions of employment and
other data.
b. Subrecipient agrees to provide any reports requested by the
City regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form, shall be maintained in accordance
with requirements prescribed by the City and CalEMA/Grantor 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
UASI 09 Subrecipient Agreement 24 1/10
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.
Subrecipient shall establish a proper accounting system in
accordance with generally accepted accounting standards and/or
CaIEMA/Grantor directives.
7. Subcontracts and Procurement
Subrecipient shall comply with the State, Federal and Subrecipient
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.
Subrecipient shall ensure that the terms of this Agreement with the
City are incorporated into all subcontract agreements. Subrecipient
shall submit all Subcontractor Agreements to the City for review
prior to the release of any funds to the subcontractor. Subrecipient
shall withhold funds to any -subcontractor agency that fails to
comply with the terms and conditions of this Agreement and their
respective subcontract agreement.
8. Labor
a. Subrecipient shall comply with the Intergovernmental Personnel
Act of 1970 (42 U.S.C. §§4728-4763) relating to --prescribed
standards for merit systems for programs funded under one of
the 19 statutes or regulations specified in Appendix A of OPM's
'Standards for a Merit System Personnel Administration (5 CFR
900, Subpart F).
b. Subrecipient shall comply, as applicable, with the provisions of
the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the
Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the
Contract Work Hours and Safety Standards Act - 40 U.S.C.
§§327-333), regarding labor standards for federally -assisted
construction subagreements, and the Hatch Act(5U.S.C.
§§1501-1508 and 7324-7328), which limit the political activities
UASI 09 Subrecipient Agreement 25 1110
of employees whose principal employment activities are funded
in whole or in part with Federal funds.
c. Subrecipient shall comply with the Federal Fair Labor Standards
Act (29 U.S.C. § 201) regarding wages and hours of
employment.
d. None of the funds shall be used to promote or deter union/labor
organizing activities in accordance with California Government
Code §16645 et seq.
9. Civil Rights
Subrecipient shall comply with all Federal statutes relating to civil
rights and 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 VIII of the Civil Rights Act of 1968 (42
U.S.C. §§3601 et seq.), as amended, relating to non-discrimination
in the sale, rental or financing of housing; (i) Title 44 Code of
Regulations (CFR) Parts 7, 16, and 1P relating -to
nondiscrimination; (j) the requirements of any other
nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; (k) the
nondiscrimination requirements and all other provisions of the
current edition of the -OJP Financial and Administrative Guide for
Grants, M7100.1; and (1) P.L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
In the event that a Federal or State court or Federal or State
administrative agency makes a finding of discrimination after a due
UASI 09 Subrecipient Agreement 26 1/10
process hearing on the grounds of race, color, religion, national
origin, gender or disability against Subrecipient or any of its
contractors or subcontractors being funded with Grant Funds, the
Subrecipient will forward a copy of the finding to the City and the
Office of Civil Rights, Office of Justice Programs.
10. Environmental
a. Subrecipient shall 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 (42
U.S.C. §4601 et seq. [P.L. 91-646]) which provide for fair and
equitable treatment of persons displaced or whose property is
acquired as a result of Federal or Federally -assisted programs.
These requirements apply to all interests in real property acquired
for project purposes regardless of Federal participation in
purchases. Subrecipient shall also comply with Title 44 CFR, Part
25, Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally -assisted programs.
b. Subrecipient shall comply with, and provide any information
requested by DHS/FEMA/CaIEMA to ensure compliance with, the
following laws: (a) institution of environmental quality control
measures under the National Environmental Policy Act of 1969
(P.L. 91-190) and Executive Orders (EO) 11514 and 12898; (b)
notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance
of project consistency with the approved State management
program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions
to State (Clean Air) Implementation Plans under Section 176(c) of
the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(g) protection of underground sources of drinking water -under the
Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h)
protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93205); and (I) the flood insurance
purchase requirements of the Flood Disaster, Protection Act of 1973
§102(a) (P.L. 93-234) which requires recipients of Federal funds 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 ten thousand dollars ($10,000) or more.
c. Subrecipient shall comply with all applicable Federal, State, and
local environmental and historical preservation (EHP) requirements.
Failure to meet Federal, State, and local EHP requirements and
obtain applicable permits may jeopardize Federal funding.
UASI 09 Subrecipient Agreement 27 1/10
Subrecipient will comply with all conditions placed on any project as
the result of the EHP review, and any change to the scope of work
of a project will require re-evaluation of compliance with these EHP
requirements. Subrecipient agrees not undertake any project
having the potential to impact the EHP resources without prior
written approval of City and DHS/FEMA/CaIEMA, including, but not
limited to, communications towers, physical security
enhancements, new construction and modifications to buildings that
are fifty (50) years old or more. Any construction related activities
initiated prior to full EHP review will result in a noncompliance
finding. If ground -disturbing activities occur during the project
implementation, the Subrecipient must ensure monitoring of the
disturbance. If any potential archaeological resources are
discovered-, the Subrecipient will immediately cease activity in that
area and notify the City and DHS/FEMA/CaIEMA and the
appropriate State Historic Preservation Office.
d. Subrecipient shall 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.
e. Subrecipient shall 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.
f. Subrecipient shall comply with the Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq.) which restores and maintains the
chemical, physical and biological integrity of the Nation's waters.
g. Subrecipient shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment
of Subrecipient's projects are. not on the Environmental Protection
Agency's (EPA) List of Violating Facilities, and it will notify the City
and DHS/FEMA/CaIEMA 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.
h. Subrecipient is, and shall be in compliance with the California
Environmental Quality Act (CEQA), Public Resources Code §21000
et seq. and California Code of Regulations, Title 14, Chapter 3
Section 15000-15007, and is not impacting the environment
negatively.
UASI 09 Subrecipient Agreement 28 1/10
i. Subrecipient shall comply with the Energy Policy and Conservation
Act (P.L. 94-163, 89 Stat. 871).
j. Subrecipient shall comply with applicable provisions of the Coastal
Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16
U.S.C. 3501 et seq.) which prohibits the expenditure of most new
Federal funds within the units of the Coastal Barrier Resources
System.
11. Preservation
Subrecipient shall comply with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1 et seq.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and
Subrecipient shall submit a Certification Regarding Debarment
required by Executive Order 12549 and any amendment thereto
(attached hereto as Exhibit B and made a part hereof). Said
Certification shall be submitted to the City concurrent with the
execution of this Agreement and shall certify that neither
Subrecipient nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department
head or agency. Subrecipient 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.
Subrecipient shall not make any award or permit any award
(subcontract 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."
13. Drm—Free Workplace
Subrecipient shall comply with the Federal Drug -Free Workplace
Act of 1988, 41 U.S.C. §701 et. seq., 28 CFR Part 67, and the
California Drug -Free Workplace Act of 1990, Government Code §§
8350-8357. Subrecipient shall execute and submit to the City
concurrent with the execution of this Agreement the Certification
Regarding Drug Free Workplace Requirements attached hereto as
Exhibit D and made a part hereof.
UASI 09 Subrecipient Agreement 29 1/10
14. Miscellaneous
Subrecipient shall comply, if applicable, with the Laboratory Animal
Welfare Act of 1966, as amended (P.L. 89-544, 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 these Grant Funds. Pursuant to the Consolidated
Appropriations Act of 2008 (P.L. 110-161) grant funds must not be
used in contravention of the federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of Title
V of the National Energy Conservation Policy Act (42 U.S.C. 8251
et seq.) or subtitle A of Title I of the Energy Policy Act of 2005
(including the amendments made thereby), nor shall Grant Funds
be used in contravention of section 303 of the Energy Policy Act of
1992 (42 U.S.C. 13212).
B. Statutes and Regulations Applicable To This Particular Grant
Subrecipient shall comply with all applicable requirements of state and federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular Grant program.
Subrecipient shall comply with -new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These
requirements include, but are not limited to:
Title 28 Code of Federal Regulations (CFR) Parts 66 and 70; EO
12372; Current edition of the OJP Financial Guide (M7100.1);
Current edition of the DHS Financial Management Guide; U.S.
Department of Homeland Security, Office of State and Local
Government Coordination and Preparedness, Office for Domestic
Preparedness, Urban Areas Security Initiative Grant Program ll;
ODP WMD Training Course Catalogue; and DOJ Office for Civil
Rights Regulations; Title 2 CFR Parts 215, 225, 220, and 230; Title
44 CFR, including part 13; Federal Acquisition.-R-egulations (FAR),
Part 31.2 Contract Cost Principles and Procedures, Contracts with
Commercial Organizations; DHS 09 Guidance; CalEMA 09
Supplement; CalEMA 09 Grant Assurances (attached hereto as
Exhibit E); DHS Information Bulletins; and GMMs.
2. 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.
UASI 09 Subrecipient Agreement 30 1/10
C. Travel Expenses
Subrecipient as provided herein shall be compensated for reasonable travel
expenses incurred in the performance of this Agreement, to include travel and
per diem, unless otherwise expressed. Subrecipient's total travel for in -State
and/or out -of -State and per diem costs shall be included in the contract
budget(s). All travel including out -of -State travel not included in the budget(s)
shall. not be reimbursed without prior written authorization from the Mayor's
Office.
Subrecipient's travel and per diem reimbursement costs shall be reimbursed in
accordance with City policy, Subrecipient's policies and procedures, and federal
rules and regulations regarding this Grant.
D. Noncompliance
Subrecipient understands that failure to comply with any of the above assurances
or the Grant Assurances (as hereinafter defined) may result in suspension,
termination or reduction of Grant Funds, and repayment by Subrecipient to City
of any unlawful expenditures.
E. 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 E. By signing these
Grant Assurances, the City became liable to the Grantor for any funds that are
used in violation of the Grant requirements. Subrecipient shall be liable to the
Grantor for any funds the Grantor determines that Subrecipient used in violation
of these Grant Assurances. Subrecipient shall indemnify and hold harmless -the
City for any sums the Grantor determines Subrecipient used in violation of the
Grant Assurances. The provisions of this paragraph shall survive termination of
this Agreement.
§416. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of Subrecipient as an
independent party and not as a City employee.
§417. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project of Subrecipient funded under this Agreement produces any
invention or discovery ("Invention") patentable or otherwise under Title 35 of the
U.S. Code, including, without limitation, processes and business methods made
in the course of work under this Agreement, Subrecipient shall report the fact and
UASI 09 Subrecipient Agreement 31 1/10
disclose the Invention promptly and fully to the City. The City shall report the fact
and disclose the Invention to the Grantor/FEMA/CaIEMA . Unless there is a prior
agreement between the City and Grantor/FEMA/CalEMA , Grantor/FEMA/
CalEMA shall determine whether to seek protection on the Invention.
Grantor/FEMA/CaIEMA shall determine how the rights in the Invention, including
rights under any patent issued thereon, will be allocated and administered in
order to protect the public interest consistent with the policy ("Policy") embodied
in the Federal Acquisition Regulations System, which is based on Ch. 18 of Title
35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, 37 CFR part
401); Presidential Memorandum on Government Patent Policy to the Heads of
the Executive Departments and Agencies, dated 2/18/1983); and Executive
Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended
by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262).
Subrecipient hereby agrees to be bound by the Policy, will contractually require
its personnel to be bound by the Policy, and will consult with
Grantor/FEMA/CalEMA regarding allocation of any patent rights that arise from,
or are purchased with, Grant Funds.
B. Rights to Use Inventions
City and Grantor/FEMA/CaIEMA shall have an unencumbered right, and a non-
exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon,
and allow others to do so for all government purposes, any Invention developed
under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor/FEMA or of
this Agreement, when copyrightable material ("Material") is
developed under this Agreement, the author, the City or
Grantor/FEMA, at Grantor/FEMA and City's discretion, may
copyright the Material. If the Grantor/FEMA and City decline to
copyright the Material, the Grantor/FEMA and City shall have an
unencumbered right, and a non-exclusive, irrevocable, royalty -free
license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this
Agreement.
2. Grantor/FEMA shall have an unencumbered right, and a non-
exclusive, irrevocable, royalty -free License, to manufacture, improve
upon, reproduce, publish, or otherwise use, and authorize others to
use, for Federal government purposes: (a) any Material -developed
16 under this Agreement and (b) any rights of copyright to which
Subrecipient purchases ownership with Grant Funds.
3. Contractor shall comply with 24 CFR 85.34.
UASI 09 Subrecipient Agreement 32 1/10
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. Obligations Binding on Subcontractors
Subrecipient shall require all its contractors and subcontractors funded by Grant
Funds to comply with the obligations of this section by incorporating the terms of
this section into all contracts and subcontracts.
§418. Living Wage Ordinance Service Contractor Worker Retention and Living Wage
Policy
This section is not applicable to this contract, and is intentionally left blank.
§419. 'Earned Income Tax Credit
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§420. Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§421:Contractor Responsibility Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of the Contractor Responsibility Ordinance (CRO), Section 10.40
et seq., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative
Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the Slavery Disclosure Ordinance, Section 10.41 of the Los Angeles
Administrative Code.
UASI 09 Subrecipient Agreement 33 1/10
§423. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the Child Support Assignment Orders Ordinance, Section 10.10 of the Los
Angeles Administrative Code. Subrecipient shall comply with California Family
Code Section 5230 et seq. as applicable.
§424. Minority, Women, and Other Business. Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all Contractor contracts, including
procurement, construction and personal services. Subrecipient agrees that, to
the extent contractors --or- subcontractors are utilized, Subrecipient shall use small,
minority, women -owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
§425. Publications
All publications created or published with funding under this Grant shall
prominently contain the following statement: "This document was prepared
under a grant from FEMA's Grant Programs Directorate, U.S. Department of
Homeland Security. Points of view or opinions expressed in this document are
those of the authors and do not necessarily represent the official position or
policies of FEMA's Grant Programs Directorate or the U.S. Department of
Homeland Security."
UASI 09 Subrecipient Agreement 34 1/10
V.
DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults
Should Subrecipient 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.)
§503. (This section intentionally left blank.)
§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 Subrecipient, and any increase or decrease in the amount of
compensation/allocation which are agreed to by the City .and Subrecipient shall
be incorporated into this Agreement by a written amendment properly executed
and signed by the person authorized to bind the parties thereto.
Subrecipient agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
UASI 09 Subrecipient Agreement 35 1/10
VI.
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither 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 thirty seven (37) pages and
eighteen (18) Exhibits which constitute the entire understanding and agreement
of the parties.
UASI 09 Subrecipient Agreement 36 1/10
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
For:
THE CITY OF LOS ANGELES
CARMEN A. TRUTANICH, City Attorney
ANTONIO R. VILLARAIGOSA, Mayor
By
Deputy City Attorney
By
Antonio R. Villaraigosa, Mayor
Date
Homeland Security and
Date
Public Safety, Mayor's Office
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROVED AS TO FORM:
For:
City of Vernon
a municipal corporation
By
SI#AtOr Willard G. Yamaguchi
By
Interim City Attorney
Date
Date
ATTEST:
[SEAL]
By
City Clerk Willard G. Yamaguchi
Date
City Business License Number:
Internal Revenue Service ID Number:
Council File/OARS File Number:
City Contract Number
Date of Approval
UASI 09 Subrecipient Agreement 37 1/10
Exhibit A
Insurance
(Not applicable to this Agreement)
EXHIBIT B
Exhibit B
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier
Covered Transactions
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.
EXHIBIT B
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, 44 CFR Part 17, Participants' responsibilities.
'(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING)
The prospective recipient (or subrecipient) of Federal assistance funds certifies that it or its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this Agreement been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
I (b) of this certification; and
(d) Have not within a three-year period preceding this Agreement had one or more public
transactions (Federal, State, or local) terminated for cause or default.
I 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
City of Vernon
$IENT4SUBRECIPIENT/r'^NT4i n r�rna �Rnvn nxx»v in rr*7�y
- Y1l 1 Al.(. aV 1 \l1V L♦FS
Mark Whitworth, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
ATTEST:
DATE
Willard G. Yamaguchi, City Clerk
EXHIBIT C
Exhibit C
Certification Regarding Lobbying
EXHIBIT C
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:
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
City of Vernon
Mark Whitworth, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
ATTEST:
Willard G. Yamaguchi, City Clerk
Exhibit D
Certification Regarding Drug Free Requirements
CERTIFICATIONREGARDING DRUG FREE WORKPLACE ACT REQUIREMENTS
(Capitalized terms herein shall have those meanings set forth in the Agreement to which this Certification
is attached as an Exhibit)
The Subrecipient certifies that it will or will continue to provide a drug -free workplace, in accordance with
the federal Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et sec ), 28 CFR Part 67; and the California
Drug -Free Workplace Act of 1990, Government Code §§ 8350-8357, by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Subrecipient's workplace and
specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an on -going drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Subrecipient's policy of maintaining a drug -free workplace;
c. Any available drug counseling, rehabilitation and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
3. Making it a requirement that each employee to be engaged in the performance of the program be given
a copy of the statement required by paragraph 1. above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment
under the Grant program, the employee will:
a. Abide by the terms of the statement, and
b. Notify the Subrecipient in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction.
5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under
subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4.b. with respect to any employee who is so convicted:
a. Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency.
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of
the provisions of this certification.
City of Vernon AGREEMENT #
SUBRECIPIENT
Mark Whitworth, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE DATE
ATTEST:
Willard G. Yamaguchi, City Clerk
Exhibit E
Grant Assurances
California Emergency Management Agency
FY09 Grant Assurances
(All HSGP Applicants)
Name of Applicant: L-o S Ayt.c <4ex lLon3 9-ea� L'rba.n -o-
Address: gtlj o rtn �e n j Si".-4 ) "4ty's 263
City: UoS Pr1td-e"P State: GA' Zip Code: 9 a 01 1'
Telephone Number: 743 _1 _t'? - 0'40�ax Number:
e2i 13— q -�.f - 4 9-) e
E-Mail Address: f S � c A�C4 pYzl
As the duly authorized representative of the applicant, I certify that the applicant named above:
l . 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 grant provided
by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency
(FEMA) and sub -granted through the State of California, California Emergency Management
Agency (Cal EMA).
2. Will assure that -grant funds are used for allowable,'fair, and reasonable costs only and will not
.be transferred between programs (State Homeland Security Program, Urban Area Security
Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years,
3. Will comply with any cost sharing commitments included in the FY09 Investment Justifications
submitted to DHS/FEMA/Cal EMA, where applicable.
4. Will give the Federal government the General Accounting Office, the Comptroller General of
the United States, the State of California, through any authorized representative, access to, and
the right to examine, all paper or electronic records, books, or documents related to the award;
and will establish a proper accounting system in accordance with generally accepted accounting
standards and/or awarding agency directives.
5. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline
level of capability as defined by the Fusion Capability Planning Tool.
G. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ZSIP) within 45 (forty-five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
7. Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
8. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
9. Will comply with all provisions of DHS/FBMA!s codified regulation 44, including Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
10. 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.
11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees
shall use small, minority, women -owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
12. Will notify Cal EMA. of any developments that have a significant impact on award -supported
activities, including changes to key program staff.
13. 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.
14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from DHS/FEMA/Cal EMA.
15. Will comply with all Federal Statues relating to Civil Rights and 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 gender.
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 dde-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Art of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
Page 2 InItialgA
J. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being wade.
k. Will, in the event that 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, gender, 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.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
16. Will comply with the requirements of Titles H and Ill of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [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. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally -assisted programs.
17. 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 ten thousand dollars ($10,000) or more.
18. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require reevaluation of compliance with these EHP requirements.
19. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, communications
towers, physical security enhancements, new construction and modifications to buildings that are
fifty (50) years old or more. Any construction related activities initiated prior to full EHP review
will result in a noncompliance finding. If ground -disturbing activities occur during the project
implementation, the recipient must ensure monitoring of the disturbance. If any potential
archeological resources are discovered, the recipient will immediately cease activity in that area
and notify DHS/FEMA/Cai EMA and the appropriate State Historic Preservation Office.
20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)
List of Violating Facilities, and will notify Cal EMA and the Federal Grantor -agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consideration for listing by the EPA.
Page 3
21. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with
applicable laws, including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
(11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental
Quality (EO11514).
b. Notification of violating facilities pursuant to EO 11738.
c. 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).
d. 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.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93-523).
f. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. 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.
h. Applicable provisions 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.
22. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2,
Section 8607.l(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
23. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from F AM's
Grant Programs Directorate, US. Department of Homeland Security. Points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of FEMA's Grant Programs Directorate or the US Department of
Homeland Security. " The recipient also agrees that, when .practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the U.S. Department of Homeland Security. "
24, Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for Federal government
purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights
of copyright to which a recipient or sub -recipient purchases ownership with Federal support.
25. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation. of any patent
rights that arise from, or are purchased with, this funding.
26. Has requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees 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.
Page 4 Initials
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.
27. 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).
28. 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.
29. Will comply, if applicable, with P.L, 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
30. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as
amended, 7 U.S.C. 2131 et sect.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
31.' 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.
32. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 2760), 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 sub -agreements.
33. Agrees that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe .
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
Page 5 Tniti�ls
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,
34. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of 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, 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.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance witli that Strategy.
35, 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.
36. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with
Title 28, Code of Federal Regulations, Parts 66 and 70, that govern the application, acceptance
and use of Federal funds for Federally assisted projects.
37. Will comply with Subtitle A, Title 11 of the. Americans with Disabilities Act (ADA) 1990.
38. Agrees to cooperate with; any assessments, national evaluation efforts, or information or data
collection requests, including, but not limited to, the provision of any information required for
the assessment or evaluation of any activities within this agreement,
39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB
Circular A-122).
40. Will comply with Federal Acquisition Regulations (FAR), part 3 1.2 -Contract Cost Principles and
Procedures, Contracts with Commercial Organizations.
41, Will comply with the financial and administrative requirements set forth in the current_edition of
the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial
Management Guide.
42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2009 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit,
All allocations and -use of funds under this grant will be in accordance with the Allocations, and
use of grant funding must support the goals and objectives included in the State and/or Urban
Page 6
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2009 Homeland Security Grant
Program application. Further, use of FY09 funds is limited to those investments included in the
California FY09 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated
through the peer review process.
43. 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".
44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a. .The applicant certifies that it and its principals:
i. Are not presently debarred, suspended, proposed for debarment, declared
Ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any Federal department or
agency.
ii. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, -or performing
a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
iii. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
suchprohibition.
b. Establishing an on -going drug -free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The grantee's policy of maintaining a drug -free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs;
and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
Page 7 Initi
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
I. Abide by the terxns of the statement; and
ii. Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction. I.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice ui der
subparagraph (d)(2) from`an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D..C. 20531
Notice shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
I. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcddnent, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
4.6. Wif[ 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.
47. Understands that failure to comply with any of the above assuraboes 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 Age,
Printed Nance of Authorized
Title: �" -poreGI Y Date: Of L oo
R
Exhibit F
Part V: Application and Submission Subpart E
Funding Restrictions
D. Intergovernmental Review
Executive Order 12372 requires applicants from State and local units of government or
other organizations providing services within a State to submit a copy of the application
to the State Single Point of Contact (SPOC), if one exists, and if this program has been
selected for review by the State. Applicants must contact their State SPOC to
determine if the program has been selected for State review. Executive Order 12372
can be referenced at hyp //www archives gov/federal-register/codification/executive-
order/12372.html. The names and addresses of the SPOCs are listed on OMB's home
page available at: http:/1www.whitehouse.gov/omb/prants1spoc.html.
E. Funding Restrictions
The applicable SAAs will be responsible for administration of the FY 2009 HSGP. In
administering the program, the SAA must work with the eligible applicants to comply
with the following general requirements:
1. HSGP Priorities Threshold. As noted before, FY 2009 HSGP will focus on six
objectives as its highest priorities, of which at least 25 percent of HSGP funds must
be dedicated to Strengthening Preparedness Planning.
2. Law Enforcement Terrorism Prevention. Per the 9/11 Act and Consolidated
Security, -Disaster Assistance, and Continuing Appropriations Act of 2009 (Public
Law 110-329), FY 2009 HSGP will not contain a separate line -item Law
Enforcement Terrorism Prevention Program (LETPP). However, States are still
required to ensure that at least 25 percent of their SHSP award funds and 25
percent of their UASI award funds are dedicated towards law enforcement terrorism
prevention -oriented planning, organization, training, exercise, and equipment
activities.
3. Management and Administration (M&A) Limits. A maximum of up to three
percent (3%) of funds awarded may be retained by the State, and any funds retained
are to be used solely for management and administrative purposes associated with
the HSGP award. States may pass through a portion of the State M&A allocation to.
local subgrantees to support local management and administration activities; the
overall subgrantee M&A amount may not equal more than three percent (3%).
4. Allowable Costs. A crosswalk of allowable costs across the HSGP programs can
be found in Part VIII of this Guidance package, along with additional detail on
Planning, Equipment, Training, and Exercises costs. The following pages outline
global allowable costs guidance applicable to all programs included in the HSGP.
Allowable Investments made in support of the HSGP Priorities as well as other
capability -enhancing projects must fall into the categories of Planning, Organization,
Equipment, Training, or Exercises. Additional detail about each of these allowable
expense categories, as well as sections on additional activities including explicitly
unallowable costs is provided. In general, grantees should consult their FEMA
34
Program Analyst prior to making any Investment that does not clearly meet the
allowable expense criteria established by the guidance.
Planning Activities
States and Urban Areas are strongly encouraged to use FY 2009 HSGP funds for
planning efforts that enable them to prioritize needs, build capabilities, update
preparedness strategies, allocate resources, and deliver preparedness programs
across disciplines (e.g., law enforcement, fire, emergency medical service (EMS),
public health, behavioral health; public works, agriculture, and information
technology) and levels of government. Planning activities should focus on the four
homeland security mission areas of prevention, protection, response, and recovery.
All jurisdictions are encouraged to work through Citizen Corps Councils,
nongovernmental entities, and the general public in planning activities?
Organizational Activities (SHSP and UASI only)
Section 2008 of the Homeland Security Act, as amended by the 9/11 Act, includes
the following allowable activities:
Responding to an increase in the threat level under the Homeland Security
Advisory System, or needs resulting from a National Special Security Event
Establishing, enhancing, and staffing State, local, and regional fusion centers
Paying salaries and benefits for personnel to serve as qualified intelligence
analysts
States and Urban Areas must justify proposed expenditures of SHSP or UASI funds
to support organization activities within their Investment Justification submission by
using historical data or other analysis.4 All States are allowed to utilize up to 50
percent of their FY 2009 SHSP funding and all Urban Areas are allowed up to 50
percent of their FY 2009 UASI funding for Organizational activities. At the request
of a recipient of a grant, the Administrator may grant a waiver of the limitation noted
above (50 percent).
Overtime Costs -- Overtime costs are allowable for personnel to participate in
information, investigative, and intelligence sharing activities specifically related to
homeland security and specifically requested by a Federal agency. Allowable
costs are limited to overtime associated with Federally requested participation in
eligible fusion activities including antiterrorism task forces, Joint Terrorism Task
Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime
Transportation Security Act of 2002), DHS Border Enforcement Security Task
3 Nongovernmental entities include the private sector and private nonprofit, faith based, community, volunteer and other
nongovernmental organizations.
4 The effectiveness of a request for the use of funds for allowable organizational costs will be judged on the Investment Justification
to illustrate the need for such resources to effectively achieve a capability that will have a meaningful impact In the reduction of risk.
G Note: Both organizational costs (e.g., Intel analysts, operational overtime) and planning, equipment, training, exercise personnel
costs are applied towards the 50 percent personnel cap.
35
Forces, and Integrated Border Enforcement Teams. Tribes must submit to DHS
a written letter from a Federal agency which explicitly requests tribal staff
participation in an eligible activity or illustrates how the activities support the roles
and responsibilities of fusion centers as noted.in Appendix 1 of the National
Strategy for Information Sharing and provides an estimate of the size of the
request in man-hours. Grant funding can only be used in proportion to the
Federal man-hour estimate, and only after funding for these activities from other
Federal sources (i.e. FBI JTTF payments to State and local agencies) has been
exhausted. Under no circumstances should DHS grant funding be used to pay
for costs already supported by funding from another Federal source.
Intelligence Analysts -- Per the Personnel Reimbursement for Intelligence
Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law
110-412),..SHSP and UASI funds may be used to hire new staff and/or contractor
positions to serve as intelligence analysts to enable information/intelligence
sharing -capabilities, as well as support existing intelligence analysts previously
covered by SHSP or UASI funding. In order to be hired as an intelligence
analyst, staff and/or contractor personnel must meet at least one of the following
criteria:
o Successfully complete training to ensure baseline proficiency in intelligence
analysis and production within six months of being hired; and/or,
o Previously served as an intelligence analyst for a minimum of two years
either in a Federal intelligence agency, the military, or State and/or local law
enforcement intelligence unit
All intelligence analyst training.should be in accordance with Global's Minimum
Criminal Intelligence Training Standards for Law Enforcement and Other Criminal
Justice Agencies in the United States, which outlines the minimum categories of
training needed for intelligence analysts. These include subject -matter expertise,
analytic methodologies, customer -service ethics, information handling and
processing skills, critical thinking skills, computer literacy, and objectivity and
intellectual honesty. A certificate of completion of such training must be on file
with the tribe and must be made available to FEMA Program Analysts upon
request.
Operational Overtime Costs. In support of efforts to enhance capabilities for
detecting, deterring, disrupting, and preventing acts of terrorism, operational
overtime costs are allowable for increased security measures at .critical
infrastructure sites during DHS-declared periods of Orange or Red threat levels.
Subject to these elevated'threat level conditions, FY 2009 SHSP or UASI funds
for organizational costs may be used to support select operational expenses
associated with increased security measures at critical infrastructure sites in the
following authorized categories:
36
• Backfill and overtime expenses (as defined in this guidance) for staffing
State or local fusion centers
• Hiring of contracted security for critical infrastructure sites
• Public safety overtime (as defined in this guidance)
• National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard
deployment package
• Increased border security activities in coordination with US Customs and
Border Protection (CBP), as outlined in Information Bulletin #135
Consumable costs, such as fuel expenses, are not allowed except as part of the
standard National Guard deployment package.
Note: States with UASI jurisdictions can use funds retained at the State level to
reimburse eligible operational overtime expenses incurred by the State (per the
above guidance limitations and up to a maximum of 50 percent of the State share
of the UASI grant). Any UASI funds retained by the State must be used in direct
support of the Urban Area. States must provide documentation to the UAWG
and FEMA upon request demonstrating how any UASI funds retained by the
State would directly support the Urban Area.
Equipment Activities
The 21 allowable prevention, protection, response, and recovery equipment
categories and equipment standards for FY 2009 HSGP are listed on the web -based
version of the Authorized Equipment List (AEL) on the Responder Knowledge Base
(RKB), at https.11www,rkb.us. The Standardized Equipment List (SEL) is located on
this site as well. In some cases, items on the SEL are not allowable under HSGP or
will not be eligible for purchase unless specific conditions are met.
Unless otherwise stated, equipment must meet all mandatory regulatory and/or
QHS-adopted standards to be eligible for purchase using these funds. In addition,
agencies will be responsible for obtaining and maintaining all necessary
certifications and licenses for the requested equipment.
Training Activities
States, territories, and Urban Areas are strongly encouraged to use HSGP funds to
develop a State/territory homeland security training program. Allowable training -
related costs under HSGP include the establishment, support, conduct, and
attendance of training specifically identified under the SHSP, UASI, MMRS, and
CCP grant programs. Allowable training topics include, but are not limited.to,
CBRNE terrorism, cyber/agriculture/food security, intelligence gathering and
analysis, NIMS related training, citizen and community preparedness, and training
for volunteers.
Training conducted using HSGP funds should address a performance gap identified
through an After Action Report/Improvement Plan (AAR/iP) or contribute to building
37
a capability that will be evaluated through an exercise. Exercises should be used to
provide the opportunity to demonstrate and validate skills learned in training, as well
as to identify training gaps. Any training or training gaps should be identified in the
AAR/IP and addressed in the State or Urban Area training cycle. All training and
exercises conducted with HSGP funds should support the development and testing
of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where
applicable.
Exercise Activities
Exercises conducted with FEMA support must be managed and executed in
accordance with the Homeland Security Exercise and Evaluation Program (HSEEP).
HSEEP Volumes One, Two, and Three contain guidance for exercise design,
development, conduct, evaluation, and improvement planning. HSEEP Volume Four
provides sample exercise materials, and HSEEP Volume Five: Prevention Exercises
contains guidance and recommendations for designing, developing, conducting, and
evaluating prevention -focused exercises. All volumes can be found at
httA://hseep. dhs. gov.
All exercises using HSGP funding must be NIMS compliant. More information is
available online at the NIMS Integration Center,
htty.11www, fema, qov/emergency/nims/index. shtm.
All Urban Areas are required to develop a Multi -year Training and Exercise Plan and
submit it to FEMA on an annual basis. This plan must tie into the Multi -year Training
and Exercise Plan developed by the State and aligns with the Urban Area Homeland
Security Strategy. Further, Urban Areas are encouraged to develop a Multi -year
Plan and Schedule that takes into consideration anticipated training needs of the
Urban Area for at least the immediate year, with exercises being timed to provide
responders the opportunity to utilize training received. Further guidance concerning
Training and Exercise Plan Workshops can be found in the HSEEP Volumes.
Urban Areas are eligible to apply for exercise direct support, but must do so in
coordination with the SAA. Direct support exercises provided to Urban Areas will
count against the amount of direct support allotted to the State for FY 2009.
Personnel Activities
Personnel hiring, overtime, and backfill expenses are permitted under this grant in
order to perform allowable FY 2009 HSGP planning, training, exercise, and
equipment activities.
A personnel cap of up to 50 percent of total program funds may be used for
personnel and personnel -related activities as directed by the Personnel
Reimbursement for Intelligence Cooperation and Enhancement_('PR10E) of
Homeland Security Act (Public Law 110-412). Grantees who wish to seek a
waiver from the personnel cap must provide documentation explaining why the
cap is unacceptable; waiver requests will be considered only under extreme
circumstances. In general, the use of HSGP grant funding to pay for staff and/or
contractor regular time or overtime/backfill is considered a personnel cost.
Activities that are considered "personnel' and "personnel -related", and therefore
count against the personnel cap of 50 percent include, but are not limited to:
• Operational overtime
• Overtime/backfill to participate in approved training or exercise deliveries
• Salaries and personnel costs of intelligence analysts
• Overtime to- participate in intelligence sharing activities
• Salaries and personnel costs of planners, equipment managers, exercise
coordinators, and/or training coordinators
• Salaries and personnel costs under the M&A category
• Contractor costs associated with performing the above activities
These activities are also subject to the funding and eligibility requirements
detailed under the allowable cost categories. For further details, SAAs should
contact their FEMA GPD Program Analyst,
• Neither MMRS nor CCP have a personnel cap.
• For MMRS, hiring, overtime, backfill and professional development expenses are
allowable only for dedicated MMRS Leadership personnel to perform
programmatic activities and that are deemed allowable under existing guidance.
Supplanting, however, is not allowed.
FY 2009 HSGP funds may not be used to support the hiring of any personnel for the
purposes of fulfilling traditional public health and safety duties or to supplant
traditional public health and safety positions and responsibilities.
The following are definitions for the terms as used in this grant guidance:
Hiring — State and local _entities may use grant funding to cover the salary of
newly hired personnel who are exclusively undertaking allowable FEMA program
activities as specified in this guidance. This may not include new personnel who
are hired to fulfil any non-FEMA program activities under any circumstances.
Hiring will always result in a net increase of FTEs.
Overtime — These expenses are limited to the additional costs which result from
personnel working over and above 40 hours of weekly work time as a direct
result of their performance of FEMA-approved activities specified in this
guidance. Overtime associated with any other activity is not eligible.
Backfill-related Overtime — Also called "Overtime as Backfill," these expenses
are limited to overtime costs which result from personnel who are working
overtime (as identified above) to perform the duties of other personnel who are
temporarily assigned to FEMA-approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the result of an
increase of Full -Time Equivalent (FTE) employees.
39
• Supplanting - Grant funds will be used to supplement existing funds, and will
not replace (supplant) funds that have been appropriated for the same purpose.
Applicants or grantees may be required to supply documentation certifying that a
reduction in non -Federal resources occurred for reasons other than the receipt or
expected receipt of Federal funds.
Construction and Renovation
Use of HSGP funds for construction and renovation is generally prohibited except as
outlined below. Such construction and renovation shall be strictly limited and
allowable only when it is a necessary component of a security system at critical
infrastructure facilities. CCP and MMRS funds may not be used for any type of
construction or renovation.
Project construction --and renovation not exceeding $1,000,000 is allowable, as
deemed necessary. The following types of projects are considered to constitute
construction or renovation, and must be submitted to FEMA for compliance review
under Federal environmental planning and historic preservation (EHP) laws and
requirements prior to initiation of the project:
• Construction and renovation of guard facilities
• Renovation of and modifications, including the installation of security and
communication equipment, to buildings and structures that are 50 years old or
older
• Any other construction or renovation efforts that change or expand the footprint
of a facility or structure, including security enhancements to improve perimeter
security.
• Physical security enhancements, including but not limited to:
o Lighting
o Fencing
o Closed-circuit television (CCTV) systems
o Motion detection systems
o Barriers, doors, gates and related security enhancements
In addition, the erection of communications towers that are Included in a
jurisdiction's interoperable communications plan is allowed, subject to all
applicable laws, regulations, and licensing provisions. Communication tower
projects must be submitted to FEMA for EHP-review. Per the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act of 2009
(Public Law 110-329), communications towers are not subject to the
$1,000,000 construction and renovation cap.
In order to draw down funds for construction and renovation costs under HSGP,
grantees must provide to FEMA:
• A description of the asset or facility, asset location, whether the infrastructure is
publicly or privately owned, and the construction or renovation project
40
• Certification that a facility vulnerability assessment has been conducted
• An outline addressing how the construction or renovation project will address the
identified vulnerabilities from the assessment
• Consequences of not implementing the construction or renovation project
• Any additional information requested by FEMA to ensure compliance with
Federal environmental and historic preservation requirements
Grantees should refer to FEMA's Information Bulletin #271, Environmental and
Planning and Historic Preservation Requirements for Grants. Additional information
may also be found on the FEMA's website located at hfto://www.fema.cgov/plan/ehp/.
Law Enforcement Terrorism Prevention -Oriented Allowable Costs
Section 2006 of the Homeland Security Act, as amended by the 9/11 Act, includes
the following allowable activities:
• Overtime expenses consistent with a State homeland security plan, including
enhanced operations in support of federal agencies, including border security
and border crossing enforcement;
• Establishing, enhancing and staffing State, local and regional fusion renters;
• Paying salaries and benefits for personnel to serve as qualified intelligence
analysts;
• Any other terrorism prevention activity authorized by the Administrator
• Provisions from Section 2008 also apply
The broad parameters of the historical LETPP program are still allowable under
SHSP and UASI. These include the following activities:
• Information sharing and analysis
• Target hardening
• Threat recognition
• Terrorist interdiction
• Subject to the limitations on Organization and Personnel Costs outlined above,
overtime expenses consistent with a State Homeland Security Plan, including for
the provision of enhanced law enforcement operations in support of Federal
agencies, including for increased border security and border crossing
enforcement
• Subject to the limitations on Organization and Personnel Costs outlined above,
establishing, enhancing, and staffing State, local, and regional fusion centers
with appropriately qualified personnel
• Subject to the limitations on Organization and Personnel Costs outlined above,
paying salaries and benefits for personnel, including individuals employed by the
grant recipient on the date of the relevant grant application, to serve as qualified
intelligence analysts
41
Secure Identification
In addition to the expenditures outlined above, SHSP funds may be used to support
the Department's efforts to enhance secure identification. Activities that facilitate
secure identification, including IT enhancements for identification management and
verification systems, are a priority. DHS is currently developing and implementing a
number of high profile screening programs in Which secure identification credentials
figure prominently. These include the REAL. ID program which aims to enhance the
security, integrity and protection of licensing and identification systems across the
country; the Transportation Worker Identification Credential (TWIC) program which
promotes tamper -resistant biometric credentials for workers who require unescorted
access to secure areas of ports, vessels, outer continental shelf facilities and all
credentialed merchant mariners; and the credentialing of First Responders which
entails enhancing real-time electronic authentication of identity and attribute(s)
(qualification, certification, authorization, and/or privilege) of emergency
response/critical government personnel responding to terrorist attacks or other
catastrophic events.
REAL_ ID specific allowable activities include: planning activities related to REAL. ID
compliance, related personal identification verification systems enhancements;
personnel and management costs related to REAL. ID compliance activities; and
acquisitions for hardware and software related to ensuring compatibility with REAL
ID technologies.
As to TWIC, specific allowable activities include: projects that involve new
installations or upgrades to access control and identity management systems that
exhibit compliance with TWIC standards and program specifications.
,As to credentialing of First Responders, specific allowable activities include:
development of standards -based technologies, policies, protocols, and practices for
portable and functional solutions to first responder identification issues.
!Vote: Secure Identification projects requested and funded under SHSP must directly
support SHSP mission goals and cannot supplant projects/activities funded under
the REAL ID Grant Program.
F. Other Submission Requirements
The FY 2009 Investment Justification for HSGP will be web -based. The Investment
Justification will be completed by applicants using the Grants Reporting Tool (GRT).
Once Investment Justifications are marked 'complete' in GRT by applicants, the SAA
will then need to submit the final application through grants.gov.
Please allow enough time before (or no later than 11:59 PM EDT) March 20, 2009
to complete the Investment Justification In GRT and submit the required
application materials in grants.gov.
42
Exhibit G
Part Vlll, Other Information - HSGP Allowable
Costs, HSGP Allowable Expenses, Allowable
Planning, Training, and Exercise Examples
Specific to Law Enforcement Terrorism
Prevention -oriented Activities
PART Vlll.
OTHER INFORMATION - HSGP ALLOWABLE
COSTS
FY 2009 Allowable Cost Matrix
Developing scenario plans that incorporate the range of prevention,
protection, response, and recovery activities for a scenario
Developing and implementing homeland security support programs
and adopting ongoing DHS national initiatives
Developing related terrorism prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full- or part-time staff or contract/consultants to assist with
planning activities (not for the purpose of hiring public safety personnel
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs (IAW operational Cost Guidance)
Other project areas with prior approval from FEMA
Reimbursement for select operational expenses associated with
increased security measures at critical infrastructure sites incurred
during periods of DHS-declared alert (up to 50 percent of the
C�?
64
65
OTHER INFORMATION -- HSGP
,ALLOWABLE EXPENSES
Overview
The following provides guidance on allowable costs within Planning, Equipment,
Training, and Exercise activities.
Planning Activities Information
The FY 2009 HSGP Guidance and Application Kit defines five broad categories of
allowable planning costs. Following are examples for each of the categories.
• Developing scenario plans that incorporate the range of prevention, protection,
response, and recovery activities for a scenario
• Developing and implementing homeland security support programs and adopting
DHS national initiatives including but not limited to the following:
o Implementing the National Preparedness Guidelines
o Enhancing and implementing Statewide Communication Interoperability
Plans (SLIP) and Tactical Interoperable Communications Plans (TICP)
o Aligning' SCIPs and TICPs to the goals and objectives of the National
Emergency Communications Plan (NECP)
o Costs associated with the adoption, implementation and adherence to
NIMS compliance requirements, including implementing the NIMS
National Credentialing Framework.
o Modifying existing incident management and EOPs to ensure proper
alignment with the NRF coordinating structures, processes, and protocols
o Establishing or enhancing mutual aid agreements
o Developing communications and interoperability protocols and solutions
o Conducting local, regional, and Tribal program implementation meetings
o Developing or updating resource inventory assets in accordance to typed
resource definitions issued by the NIMS Integration Center (NIC)
o Designing State and local geospatial data systems
o Conducting public education and outreach campaigns, including
promoting individual, family and business emergency preparedness; alerts
and warnings education; and evacuation plans as well as IED or bombing
prevention awareness
o Preparing materials for the State Preparedness Report (SPR)
• Developing related terrorism prevention activities including:
o Developing law enforcement prevention activities, to include establishing
and/or enhancing a fusion center
o Hiring an IT specialist to plan, develop, and implement the IT applications
necessary for a fusion center
o Developing and planning for information/intelligence sharing groups
o Hiring contractors and consultants to make recommendations on the
development of a fusion center
o Integrating and coordinating public health care and health security data -
gathering (threats to human and animal health) within State and local
fusion centers to achieve early warning and mitigation of health events
o Integrating and coordinating private sector participation with fusion center
activities
o Acquiring systems allowing connectivity to State, local, and Federal data
networks, such as the National, Crime Information Center (NCIC) and
Integrated Automated Fingerprint Identification System (IAFIS), as
appropriate
o Planning to enhance security during heightened alerts, during terrorist
incidents, and/or during mitigation and recovery
o Multi -discipline preparation across first responder community, including
EMS for response to catastrophic events and acts of terrorism
o Public information/education: printed and electronic materials, public
service announcements, seminars/town hall meetings, web postings
coordinated through local Citizen Corps Councils
o Citizen Corps volunteer programs and other activities to strengthen citizen
participation
o Conducting public education campaigns, including promoting individual,
family and business emergency preparedness; promoting the Ready
campaign; and/or creating State, regional or local emergency
preparedness efforts that build upon the Ready campaign
o Evaluating CIP security equipment and/or personnel requirements to
protect and secure sites
o CIP cost assessments, including resources (e.g., financial, personnel)
required for security enhancements/deployments
o Multi -Jurisdiction Bombing Prevention Plans (MJBPP)8
o Underwater Terrorist Protection Plans
a The SAA should examine current bombing prevention and explosive device response capabilities as an import risk reduction
activity. An explosive devise recognition capability analysis can assist In determining their opportunities for increasing the capability
to execute steady state and threat Initiated tasks to prevent and respond to a bombing Incident.
67
• Developing and enhancing plans and protocols, including but not limited to:
o Developing or enhancing EQPs and operating procedures
o Developing or enhancing local, regional, or Statewide strategic or tactical
interoperable emergency communications plans
o Implementing Statewide Communication Interoperabiliy Plans (SCIP) and
Tactical Interoperable Communications Plans (TICP)
o Aligning SCIPs and TICPs to the goals and objectives of the NECP
o Developing protocols or standard operating procedures for specialized
teams to incorporate the use of equipment acquired through this grant
program
o Developing terrorism prevention/deterrence plans
o Developing plans, procedures, and requirements for the management of
infrastructure and resources related to HSGP and implementation of State
or Urban Area Homeland Security Strategies
o Developing or enhancing border security plans
o Developing or enhancing cyber security plans
o Developing or enhancing secondary health screening protocols at major
points of entry (air, rail, port)
o Developing or enhancing cyber risk mitigation plans
o Developing or enhancing agriculture/food security risk mitigation,
response, and recovery plans
o Developing- public/private sector partnership emergency response,
assessment, and resource sharing plans
o Developing or enhancing plans to- engage and interface with, and to
increase the capacity of, private sector/non-governmental entities working
to meet the human service response and recovery needs of victims
o Developing or updating local or regional communications plans
o Developing plans to support and assist jurisdictions, such as port
authorities and rail and mass transit agencies
o Developing or enhancing continuity of operations and continuity of
government plans
o Developing or enhancing existing catastrophic incident response and
recovery plans to include and integrate Federal assets provided under the
NRF
o Developing or enhancing evacuation plans
o Developing or enhancing citizen surge capacity
o Developing or enhancing plans for donations and volunteer management
and the engagement/integration of private sector/non-governmental
entities in preparedness, response, and recovery activities
o Developing or enhancing Bombing Prevention Plans
o Developing school preparedness plans
o Ensuring jurisdiction EOPs adequately address warnings, emergency
public information, evacuation, sheltering, mass care, resource
management from non -governmental sources, unaffiliated volunteer and
donations management, and volunteer resource integration to support
.:
each Emergency Support Function, to include appropriate considerations
for special needs populations
o -Developing and implementing civil rights, civil liberties and privacy
policies, procedures, and protocols
o Designing and developing State and local geospatial data systems
Developing or conducting assessments, including but not limited to:
o Conducting point vulnerability assessments at critical infrastructure
sites/key assets and develop remediation/security plans
o Conducting or updating interoperable emergency communications
capabilities assessments at the local, regional, or Statewide level
o Developing border security operations plans in coordination with CBP
o Developing, implementing, and reviewing Area Maritime Security Plans for
ports, waterways, and coastal areas
o Updating and refining threat matrices
o Conducting cyber risk and vulnerability assessments
o Conducting assessments and exercising existing catastrophic incident
response and recovery plans and capabilities to identify critical gaps that
cannot be met by existing local and State resources
o Conducting Bombing Prevention Capability Analysis
o Activities that directly support the identification of specific catastrophic
incident priority response and recovery projected needs across disciplines
(e.g. law enforcement, fire, EMS, public health, behavioral health, public
works, agriculture, information technology, and citizen preparedness)
o Activities that directly support the identification of pre -designated
temporary housing sites
o Conducting community assessments, surveys, and research of
vulnerabilities and resource needs, and determine citizen education and
participation to meet the needs
o Conducting Citizen Corps program assessments and evaluations, citizen
preparedness surveys, volunteer impact studies, and cost/benefit analysis
o Soft target security planning (public gatherings)
o Participating in the FEMA Gap Analysis Program
MMRS Planning. The MMRS Leadership shall ensure that local strategic goals,
objectives, operational capabilities, and resource requirements align with State and
Urban Area Homeland Security Strategies. Critical factors, in planning are to ensure
that
a. The MMRS Jurisdiction has an applicable and up to date plan for
responding to a mass casualty incident caused by any hazards; and
b. applicable procedures and operational guides to implement the response
actions within the local plan.
CCP Planning. Integrating non -governmental entities into the planning process is
critical to achieve comprehensive community preparedness. To meet this important
objective, HSGP funds may be used to support the following:
we
• Establishing and sustaining bodies to serve as Citizen Corps Councils
• Assuring that State and local government homeland security strategies,
policies, guidance, plans, and evaluations include a greater emphasis on
govern ment/non-governmental collaboration, citizen preparedness, and
volunteer participation
• Developing and implementing a community preparedness strategy for the
State/local jurisdiction
• Developing or reproducing public education and outreach materials to:
increase citizen preparedness and knowledge of protective actions (to include
the national Ready Campaign materials); promote training, exercise, and
volunteer opportunities; and inform the public about emergency plans,
evacuation routes, shelter locations, and public alerts/warnings.
o All public education and outreach materials must include the national or
jurisdiction's Citizen Corps logo, tagline or website or the Ready logo,
tagline, or website and comply with logo standards. For more information
go to htt2s://www.ciYzencorps.aov. In addition, all public education and
outreach materials should incorporate special needs considerations, to
include language, content, and method of communication.
o Allowable expenditures include:
• Media campaigns: PSAs, camera-ready materials, website support,
newsletters
• Outreach activities and public events: booth displays; event backdrops
or signs; displays and demonstrations; and informational materials
such as brochures/flyers
• Promotional materials: pens/pencils, pins, patches, magnets, souvenir
cloth in g/headwea r, etc. Expenditures for promotional items must not
exceed 15 percent of the total Citizen Corps Program allocation (see
CCP Equipment for information on equipment caps.)
• Establishing, enhancing or expanding volunteer programs and volunteer
recruitment efforts.
o Citizen support for emergency responders is critical through year-round
volunteer programs and as surge capacity in disaster response. Citizen
Corps funding may be used to establish, enhance or expand volunteer
programs and volunteer recruitment efforts for Neighborhood
Watch/USAonWatch, Community Emergency Response Teams (CERT),
Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), and
Fire Corps; for the Citizen Corps Affiliate Programs and Organizations;
and for jurisdiction specific volunteer efforts.
o Examples include:
70
• Recruiting, screening, and training volunteers (e.g. background
checks)
• Retaining, recognizing, and motivating volunteers (e.g. volunteer
recognition items, such as certificates or plaques).
• Purchasing, maintaining, or subscribing to a- system to track volunteers
(to include identification and credentialing systems, and to track
volunteer hours) and other available resources in with
applicable privacy laws
• Necessary non-structural accommodations to include persons with
special needs (i.e. sign language interpreters)
• Evaluating volunteers
• Organizational activities supported with CCP funding are limited to 25 percent
of the grantee's CCP funding. Organizational activities include hiring of full -
or part-time staff or contractors for emergency management activities.
Additional Equipment Information
MMRS Equipment. MMRS funds may be used for equipment acquisition from
the MMRS equipment categories listed in the AEL. MMRS grant funds are
intended to ensure an appropriate supply of pharmaceuticals and equipment,
personal protective equipment, as well as detection equipment for chemical,
biological, radiological nuclear and explosive incidents for the first crucial hours
of a response to a mass casualty incident.
MMRS grant funds cannot be used to duplicate supplies already available
through local and State sources, including local/regional public health offices and
hospital associations, or other Federal programs.
Procurements should have a sound threat based justification with an aim to
reduce the consequences of mass casualty incidents during the first crucial hours
of a response.
Prior to procuring pharmaceuticals and equipment with MMRS grant funds,
grantees must have in place an inventory management plan. The inventory
management plan should avoid large periodic variations in supplies due to
coinciding purchase and expiration dates. MMRS grantees are strongly
encouraged to enter into rotational procurement agreements with vendors and
distributors.
Purchases of pharmaceuticals have to include a budget for the disposal of
expired drugs within the Period of Performance of the !~Y 2009.MMRS grant.
The cost .of disposal cannot be carried over to another FEMA grantor grant
period.
CCP Equipment. States and Urban Areas are encouraged to fully leverage all
HSGP resources for equipment to support volunteer personnel in preparedness
71
and response. All allowable equipment costs are listed in the AEL, available at
hgQs://www. rkb. us.
Any equipment purchased with CCP funding must be used for specific
preparedness or volunteer training or by volunteers in carrying out their response
functions. CCP funding is intended only to be used for specific preparedness or
volunteer training or by trained volunteers in carrying out their response
functions. Examples of equipment used to support training and exercises for
citizens include items such as burn pans or sample preparedness kits.
Expenditures for kits used in volunteer response (e.g., CERT or MRC kits /
backpacks) or clothing for official identification must not exceed 30 percent of the
total Citizen Corps Program allocation. Clothing for official identification includes
those items that volunteers are required to wear when engaging in public safety
activities or disaster response (e.g., t-shirts for CERT members, baseball caps
for Neighborhood Watch/USAonWatch Program foot patrol members).
Training Information and Requirements
1. Training Information Reporting System ("Web -Forms"). Web -Forms is an
electronic form/data management system built to assist the SAA and its designated
State/territory TPOC with the reporting of State and Federal sponsored training
supported by HSGP funds. Web -Forms can be accessed through the FEMA Toolkit
located at h*.Ilwww.firstrescondertraining.gov/admin.
2. Types of training. FEMA facilitates a number of different training sources:
• FEMA Provided Training: These courses or programs are developed for and/or
delivered by institutions and organizations funded directly by FEMA. This
includes the Center for Domestic Preparedness (CDP), the National Domestic
Preparedness Consortium (NDPC), the Rural Domestic Preparedness
Consortium (RDPC), National Emergency Training Center (National Fire
Academy and the Emergency Management Institute), and FEMA Training
Partners funded through the Continuing and Demonstration Training grant
programs.
• 'Training Not Provided by FEMA: These courses are either State sponsored or
Federal sponsored, coordinated and approved by the SAA or their designated
Training Point of Contact (TPOC), and fall within the FEMA mission scope to
.prepare State and local personnel to prevent, protect against, respond to, and
recover from acts of terrorism or catastrophic events.
• State Sponsored Courses: These courses are developed for and/or delivered
by institutions or organizations other than Federal entities or FEMA and are
sponsored by the SAA or their designated TPOC.
• Approved State Sponsored Course Catalog: This catalog lists State/territory
sponsored courses that fall within the FEMA mission scope and have been
approved through the FEMA course review and approval process. An updated
72
version of this catalog can be accessed at
hffp IA,vww firstresgondertraining govlodp webforms.
Federal Sponsored Courses: This catalog lists courses developed for and/or
delivered by institutions funded by Federal entities other than FEMA.
Approved Federal Sponsored Course Catalog: ' This catalog lists Federal -
sponsored courses that fall within the FEMA mission scope, and have been
approved through the FEMA course review and approval process. An updated
version of this catalog can be accessed at
htfp://www. firstrespondertraining. govloda webforms.
FEMA Provided Training. FEMA funds the direct delivery of a variety of courses that
States can request to meet training needs. These courses are listed in the FEMA
approved course catalog listed at httollwww.firstrespondertraininq.govlodp webforms.
Each FEMA Training Partner should contact the SAA or designated TPOC for locations
within the State that are appropriate for the training. When the direct delivery funds are
exhausted, the Training Partner can continue to offer the classes to the States through
one of two methods --the Voluntary Training Enhancement Program (VTEP) or the
Excess Delivery Acquisition Program (EDAP).
VTEP is a voluntary program designed to increase flexibility for States and territories
while enhancing FEMA's training delivery capability and complementing the current
training partner pool. Funding from previous fiscal years Ma be used to support a
State, territory, or Urban Area's implementation of this program. Through VTEP, the
SAA has the authority to adopt various TEI/TO provided programs for delivery by
institutions within its State and local jurisdictions, and designate institutions as
recognized providers for the identified standardized curriculum.
EDAP allows a FEMA Training Partner to charge for a course delivery when the Federal
grant that developed the program is completed or more deliveries of a requested class
are needed than the grant funds can accommodate. This cost per class is approved by
FEMA so that States pay for the cost of instruction only, not the curriculum development
costs that were paid by FEMA training grant funds. HSGP funds can be used to pay for
the delivery of these classes within a State at the request of the SAA/TPOC.
Attending Training Not Provided by FEMA (State or Federal Sponsored Courses).
States, territories, and Urban Areas are not required to request approval from FEMA for
personnel to attend_training not provided by FEMA (State or Federal -sponsored
courses) provided that the training is coordinated with and approved by the SAA or
TPOC and fails within the FEMA mission scope and the jurisdiction's EOP and Strategy
of preparing State and local personnel or citizens to prevent, protect against, respond
to, and recover from acts of terrorism or catastrophic events.
States, territories, and Urban Areas are required, within 30 days after attendance, to
submit information through the SAA or TPOC via Web -Forms on all training not
provided by FEMA, but supported with HSGP funds. This information will consist of
73
course title, course description, mission area, level of training, the training provider, the
date of the course, the number and associated disciplines of the individuals, and the
sponsoring jurisdiction. States, territories, and Urban Areas intending to use FEMA
funds to support attendance at training not provided by FEMA must ensure these
courses:
• Fall within the FEMA mission scope to prepare State and local personnel to
prevent, protect against, respond to, and recover from acts of terrorism and
catastrophic events
• Build additional capabilities that a) support a specific training need identified by
the State, territory, and Urban Area, and b) comport with the State, territory, or
Urban Area Homeland Security Strategy
• Address specific tasks and/or competencies articulated in FEMA's Emergency
Responder Guidelines and the Homeland Security Guidelines for Prevention and
Deterrence
• Address specific capabilities and related tasks articulated in the September 2006
version of the TCL, available through LLIS
• Support the specific program training activities identified in the individual HSGP
grant programs (SHSP, UASI, MMRS, CCP) for which the funding will be used
• Comport with all applicable Federal, State, and local regulations, certifications,
guidelines, and policies deemed appropriate for the type and level of training
In support of the continuing efforts to build common catalogs of approved training not
provided by FEMA, the SAA/TPOC will be allowed three -deliveries of the same course
within a State/territory before the course is required to go through the FEMA State
course review and approval..process. Additional course deliveries will be authorized
during the review period. However, if the course is disapproved as part of the process,
no additional FEMA funds can be dedicated to attending the course.
State and Federal -Sponsored Course Catalogs. Courses approved by FEMA will be
added to either the approved State Sponsored Course Catalog or the Federal
Sponsored Course Catalog. Courses identified within these catalogs may be attended
on an unlimited basis within any State/territory as long as the training is coordinated and
approved by the SAA/TPOC. A full description of the FEMA Course Development,
Review, and Approval Process, as well as the approved course. catalogs, can be found
at http,llwww firstrespondertraining.govlodA webforms.
FEMA will respond to the initial request for review within 15 days with one of the
following outcomes:
• Course concept is approved as consistent with the State plan and the State
should submit the full course package for subject matter expert review and
comment.
• Course concept is disapproved as inconsistent with State plan, FEMA guidance,
or is exactly the same as another course in the catalog (no need for another
approval, refer to the curriculum already developed and approved).
74
At any time, the SAA/TPOC (for State -sponsored courses) or the Federal Agency POC
(for Federal sponsored courses) may request the addition of a course to the
corresponding approved catalog by submitting the associated Web -Form (i.e., Request
for Addition to the Approved State -Sponsored Catalog) for review. If a class on the
same subject is already in the catalog, the submitting State should provide
documentation as to.why the course is unique, after contacting the owner(s) of the other
courses to review the curriculum. This step is required to avoid unnecessary duplication
of similar courses in the catalog, allow States to share course development costs,
permit all States to have access to new or unique courses developed by other
providers, and allow States to direct their training dollars to delivery rather than
development. If it is determined that the proposed course meets the above listed
criteria, the providing entity(SAA/TPOC or FederaLAgency POC) will be invited to
submit the Course Review and Approval Request Form along with all supporting
training materials.
For further information on developing courses using the instructional design
methodology and tools that can facilitate the process, SAAs and TPOCs are
encouraged to review the FEMA Strategy for Blended learning and access the
Responder Training Development Center (RTDC) available at
http://www. firstrespondertraininq. govladmin.
FEMA funds must be used to supplement, not supplant, existing funds that have been
appropriated for the same purpose. FEMA will conduct periodic reviews of all State,
territory, and Urban Area training funded by FEMA. These reviews may include ,
requests for all course materials and physical observation of, or participation in, the
funded training. If these reviews determine that courses are outside the scope of this
guidance, grantees will be asked to'repay grant funds expended in support of those
efforts.
States and territories are required to conduct an annual Training and Exercise Plan
Workshop to identify key priorities and major events over a multi -year time frame and to
align training and exercises in support of those priorities. A Multi -year Training and
Exercise Plan will be produced from the Training and Exercise Plan Workshop to
include the State's training and exercise priorities, associated training and exercise
capabilities, and a multi -year training and exercise schedule. Further guidance
concerning the Multi -year Training and Exercise Plan can be found in the Exercises
discussion immediately following..
CCP Training. Training funded through the CCP includes but is not limited to: all -
hazards safety, such as emergency preparedness, basic first aid, life saving skills, crime
prevention and terrorism awareness, school preparedness, public health issues,
mitigation/property damage prevention, safety in the home, light search and rescue
skills, principles of NIMS/ICS, community relations, volunteer management, serving
people with disabilities, pet care preparedness, any training necessary to participate in
volunteer activities, any training necessary to fulfill surge capacity roles, or other training
that promotes individual, family, or community safety and preparedness.
75
There is no cap on the number of deliveries State or local jurisdictions may conduct of
non -responder community -based training workshops, seminars, demonstrations, or
conferences. Examples include: CPR/AED training, identity theft workshops, terrorism
awareness seminars, chain -saw safety demonstrations, and community preparedness
conferences.
Funding for CERT training includes the delivery of the CERT Basic Training Course,
supplemental training for CERT members who have completed the basic training, and
the CERT Train-the-Tralner training. Any CERT Basic training conducted by State or
local entities must: 1) include the topics covered in the FEMA CERT Basic Training
Course; 2) be instructor -led; and 3) and classroom -based, using lecture, demonstration,
and hands-on practice throughout. Note that the Independent Study course,
"Introduction to CERT" (IS 317) must not be substituted for classroom delivery of CERT
basic training. There is no cap on the number of deliveries State or local jurisdictions
may conduct of the CERT Basic Training, the CERT Train -the -Trainer, Campus CERT
Train -the -Trainer, or Teen CERT Train -the -Trainer courses, or supplemental/advanced
training for CERT program participants.
Any training supported with these CCP funds should be delivered with specific
consideration to include all ages, ethnic and cultural groups, persons with disabilities,
and special needs populations at venues throughout the community, to include schools,
neighborhoods, places of worship, the private sector, non -governmental organizations,
and government locations. Expenditures to provide necessary non-structural
accommodations for persons with special needs is allowable (i.e. sign language
interpreters). Jurisdictions are also encouraged to leverage existing training provided
via educational/professional facilities and to incorporate non-traditional methodologies
such as the Internet, distance learning, or home study whenever such delivery supports
training objectives. Pilot courses and innovative approaches to training citizens and
instructors are encouraged.
Instruction for trainers and training to support the Citizen Corps Council members in
their efforts to manage and coordinate the Citizen Corps mission is also an allowable
use of the FY 2009 CCP funding.
Allowable Training Costs
Allowable training -related costs _include, but are not limited to, the following:
• Funds used to develop, deliver, and evaluate training, including -costs related
to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment.
• Overtime and Backfill costs, as defined in this guidance, associated with
attending or teaching FEMA-sponsored and/or approved training courses and
programs are allowed. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the State or unit(s) of local
government and has the approval of the State or the awarding agency,
whichever is applicable. In no case is dual compensation allowable. That is, an
VIR
employee of a unit of government may not receive compensation from both 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.
Further, overtime costs associated with employees who participate in training in a
teaching role for which they are compensated are not allowed. .
Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses
by employees who are on travel status for official business related to approved
training.
Hiring of Full or Part -Time Staff or Contractors/Consultants to support
training -related activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s) of local government and have
the approval of the State or awarding agency, whichever is applicable. Such
costs must be included within the funding allowed for program management
personnel expenses, which must not exceed 15 percent of the total allocation as
specified in section E.6. In no case is dual compensation allowable (see above).
Certification/Recertification of Instructors is an allowable cost. States are
encouraged to follow the FEMA Instructor Quality Assurance Program to ensure
a minimum level of competency and corresponding levels of evaluation of
student learning. This is particularly important for those courses that involve
training of trainers. This information is contained in a Information Bulletin #193,
issued October 20, 2005.
Exercise Requirements
1. Training and Exercise Plan Workshop. States and Urban Areas are required to
conduct an annual Training and Exercise Plan Workshop (T&EPW). A Multi -year
Training and Exercise Plan must be produced from the T&EPW and submitted to the
State's respective Exercise Manager and Program Analyst. This plan must be
updated annually.
The Training and Exercise Plan will include the State's training and exercise
priorities, associated capabilities, and a multi -year training and exercise schedule.
The Plan and the schedule must both be submitted within 60 days of the workshop
and should reflect all exercises that are being conducted throughout the State. All
scheduled exercises must be entered through the National Exercise Schedule
(NEXS) Application, which is locatedonthe HSEEP website. A template of the
Multi -year Training and Exercise Plan can be found in HSEEP Volume guidance and
on the HSEEP website (httas.11hseeA._aov) under the Sample Exercise Documents
section.
States must complete a cycle of exercise activity during the period of this grant.
States and Urban Areas are encouraged to use exercises as an opportunity to meet
the requirements of multiple exercise programs. To this end, grantees are
encouraged to invite representatives/planners involved with other Federally -
mandated or private exercise activities. States and Urban Areas are encouraged to
share, at a minimum, the multi -year training and exercise schedule with those
departments, agencies, and organizations included in the plan. Further guidance
77
concerning Training and Exercise Plan Workshops can be found in the HSEEP
Volumes.
2. Exercise Scenarios. The scenarios used in HSGP-funded exercises must be
based on the State's/Urban Area's Homeland Security Strategy and plans.
Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include:
chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural
or technological disasters. Exercise scenarios must be catastrophic in scope and
size, as defined by the National Response Framework.
The scenarios used in HSGP-funded exercises must focus on validating existing
capabilities and must be large enough in scope and size to exercise multiple tasks
and warrant involvement from multiple jurisdictions and disciplines and non-
governmental organizations. Exercise scenarios should also be based on the Multi-
year Training and Exercise Plan.
3. Models, Simulations and Games (MS&G). Grantees who wish to expend funds on
models, simulations, or games (MS&G) must consult with "Review of Models,
Simulations, and Games for Domestic Preparedness Training and Exercising,
Volume I//,"which provides an overview and analysis of existing models,
simulations, and games. Grantees can also consult with the MS&G Decision
Support System, which automates the aforementioned report into a searchable
database. Both the report and system are available through the HSEEP website.
4. Special Event Planning. if a State or Urban Area will be hosting an upcoming
special event (e.g., Super Bowl, G-8 Summit); they anticipate participating in a Tier 2
National -Level Exercise as defined by the National Exercise Program
implementation Plan (NEP (-Plan); or they anticipate that they will apply to be a
venue for a Tier 1 National -Level Exercise, as defined by the I -Plan, they should
plan to use SHSP or UASI funding to finance training and exercise activities in
preparation for that event. States and Urban Areas should also consider exercises
at major venues (e.g., arenas, convention centers) that focus on evacuations,
communications, and command and control. States should also anticipate
participating in at least one Regional Exercise annually. States must include all
confirmed or planned special events in the Multi -year Training and Exercise Plan.
S. Exercise Evaluation. All exercises will be performance -based and evaluated. An
After -Action Report/Improvement Plan (AAR/IP) will be prepared and submitted to
FEMA within 60 days, following every exercise, regardless of type or scope.
AAR/lPs must conform to the HSEEP format, should capture objective data
pertaining to exercise conduct, and must be developed based on information
gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV.
All applicants are encouraged to use the Lessons Learned Information Sharing
System (LLiS.gov) as a source for lessons learned and to exchange best practices.
78
6. Self -Sustaining Exercise Programs. States are expected to develop a self-
sustaining exercise program. A self-sustaining exercise program is one that is
successfully able to implement, maintain, and oversee the Multi -year Training and
Exercise Plan, including the development and delivery of HSGP-funded exercises.
The program must utilize a multi -disciplinary approach to the development and
delivery of exercises, and build upon existing plans, training, and equipment.
7. Role of Non -Governmental Entities in Exercises. Non -governmental
participation in all levels of exercises is strongly encouraged. Leaders from non-
governmental entities should be included in the planning, conduct, and evaluation of
an exercise. State and local jurisdictions are encouraged to develop exercises that
test the integration and use of non -governmental resources provided by non-
governmental entities, defined as the private sector and private non-profit, faith -
based, community, volunteer and other non -governmental organizations. Non-
governmental participation in exercises should be coordinated with the local Citizen
Corps Council(s).
MMRS Exercises. The scenarios used in MMRS exercises should focus on incidents
that would be catastrophic to the grant implementer's community and/or have national
impact caused by any hazard. Grantees are encouraged to use scenarios with a focus
on medical issues related to preparedness and response. Scenarios should test
appropriate Target Capability that support the MMRS mission.
Citizen participation in exercises is strongly encouraged and should be coordinated with
the local Medical Reserve Corps and Citizen Corps Council. Volunteer roles and
responsibilities include, but are not limited to, backfilling non-professional tasks -for first
responders deployed on exercise planning and implementation, providing simulated
victims, media, and members of the public; supporting surge capacity functions; and
participating in the after -action review.
MMRS jurisdictions, in coordination with regional, Urban Area, and State exercise and
public health officials, are expected to schedule, design, conduct, and evaluate mass
casualty exercises that are in compliance with both FEMA and CDC Public Health
Emergency Preparedness Cooperative Agreement Exercise requirements and
guidance.
CCP Exercises. Exercises specifically designed for or that include participation from
non -governmental entities and the general public are allowable activities and may
include testing public warning systems, evacuation/shelter in -place capabilities,
family/school/business preparedness, and participating in table -top or full scale
emergency responder exercises at the local, State, or national level, to include the Top
Officials Exercise (TOPOFF).
Allowable Exercise Costs
Allowable exercise -related costs include:
W
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise —
Includes costs related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel, and documentation.
• Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-
time staff may be hired to support exercise -related activities. Such costs must be
included within the funding allowed for program management personnel
expenses, which must not exceed 15 percent of the total allocation. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) — whichever is more stringent — must be followed. In no case
is dual compensation allowable.
• Overtime and Backfill — Overtime and backfill costs associated with the design,
development, and conduct of exercises are allowable expenses. These costs
are allowed only to the extent the payment for such services is in accordance
with the policies of the State or unit(s) of local government and has the approval
of the State or the awarding agency, whichever is applicable. In no case is dual
compensation allowable (see above).
• Travel — Travel costs are allowable as expenses by employees who are on travel
status for official business related to the planning and conduct of exercise
project(s).
• 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, non -sterile masks, and disposable protective equipment).
• Other Items — These costs include the rental of space/locations for exercise
planning and conduct, rental of equipment (e.g., portable toilets, tents), food,
gasoline, exercise signs, badges, etc.
Unauthorized Exercise Costs
Unauthorized exercise -related costs include:
Reimbursement for the maintenance and/or wear and tear costs of general use
vehicles (e.g., construction vehicles) and emergency response apparatus (e.g.,
fire trucks, ambulances).
Equipment that is purchased for permanent installation and/or use, beyond the
scope of exercise conduct (e.g., electronic messaging signs).
;: o
OTHER INFORMATION — Allowable
Planning, Training, and Exercise Examples
Specific to Law Enforcement Terrorism
Prevention -oriented Activities
Planning Activity Examples
Establishment / Enhancement of Fusion Centers
• Hiring an IT specialist to plan, develop, and implement the IT applications
necessary for the fusion center
• Developing and planning for information/intelligence sharing groups
• Hiring contractors and consultants to make recommendations on the
development of the fusion center
Other Allowable Planning Activity Examples
• Conducting point vulnerability analyses and assessments
• Soft target security planning (public gatherings)
• Developing border security operations plans in coordination with CBP
• Developing, implementing, and reviewing Area Maritime Security Plans for ports,
waterways, and coastal areas
• Updating and refining threat matrices
• Integrating and coordinating private sector participation with fusion center
activities
• Developing and implementing civil rights, civil liberties and privacy policies,
procedures, and protocols.
• Acquiring systems allowing connectivity to State, local, and Federal data
networks, such as the National Crime Information Center (NCIC) and Integrated
Automated Fingerprint Identification System (IAFIS), as appropriate
• Designing and developing State and local geospatial data systems
• Costs associated with the adoption, implementation and adherence to NIMS
compliance requirements; including implementing the NIMS National
Credentialing Framework.
• Integrating and coordinating private sector participation with fusion center
activities
Training Activity. Examples
Law enforcement terrorism prevention protection -oriented funds may be used for a
range of law enforcement terrorism prevention related training activities to enhance the
capabilities of State and local personnel, including the following:
Establishment / Enhancement of Fusion Centers. Grant funds may be used to
support intelligence analyst training in the following manners:
81
Participation in DHS approved intelligence analyst training: States wishing
to develop or sponsor intelligence analyst courses for a national audience should
submit courses to FEMA for review and approval in accordance with the process
outlined in Parts VI and VIl of this guidance document. The list of approved
courses will be constantly updated and can be accessed in the FEMA catalog at
http://www firs trespondertrainina gov/odp webforms.
• Limited participation in non-FEMA approved intelligence analyst training:
States may send students to attend non -approved intelligence analysis courses
for up to three offerings in accordance with the training process outlined in Parts
VI and VII of this guidance document.
A certificate of completion of all intelligence analyst training must be on file with the SAA
and must be made available to Program Analysts upon request upon the hiring of
personnel
Additional Allowable Training Activities
Allowable costs include training courses that focus on:
• Building information sharing capacities (especially among law enforcement, non -
law enforcement, other government agencies, and the private sector)
• Methods of target hardening
• Facility law enforcement security personnel, to include facilities, vessels and
ports
• CBRNE, agriculture, and cyber threats
• History of terrorism and social environments contributing to threats
• Surveillance and counter -surveillance techniques
• Privacy, civil rights, and civil liberties regulations, policies, procedures, and
protocols
• Critical Infrastructure Protection training, to include identifying/assessing critical
infrastructure assets, vulnerabilities, and threats
• Cyber/agriculture/food security threats recognition and protective measures
training
• Cultural awareness training for community engagement activities and undercover
operations related to terrorist organizations
• Languages, such as Arabic, Urdu, or Farsi, which are spoken by known terrorists
and terrorist organizations
• Joint training with other homeland security entities (e.g., U.S. Secret Service,
CBP)
• Use of interoperable communications equipment
• Collection, analysis, mapping, integration, and dissemination of geospatial data
and imagery
• Geospatial database use, design, development, and management training
• Volunteer participation to support law enforcement and community policing
activities related to increased citizen awareness of terrorism activities, to include
the Volunteers in Police Service and Neighborhood Watch programs
Exercise Activity Examples
Law enforcement terrorism prevention protection -oriented funds may be used to design,
develop, conduct, and evaluate terrorism prevention -related exercises, including the
following:
• Exercises to evaluate the effectiveness of information sharing plans, policies,
procedures, and protocols
• Exercises to evaluate NIMS implementation. This includes costs associated with
exercising components of the NIMS National Credentialing Framework.
• Exercises to evaluate facility and/or vessel security protection
• Exercises to evaluate area maritime security protection
• Exercises to evaluate threat recognition capabilities
• Exercises to evaluate cyber. security capabilities
• Exercises to evaluate agricultural/food security capabilities
• Exercises to evaluate prevention readiness and techniques
• "Red Team" (force on force) exercises
• Interoperable communications exercises
• Critical infrastructure vulnerability, protection, and/or attack exercises
Where practical, these exercises should involve the public sector, non -governmental
partners, trained citizen volunteers, and the general public. State and focal
governments -should work with their Citizen Corps Councils to include volunteers from
programs such as Volunteers in Police Service, Neighborhood Watch, and the general
public.
83
Exhibit H
Intentionally Omitted
Exhibit I
Equipment Ledger
Exhibit J
Training Roster
Exhibit K
Exercise Roster
Exhibit L
Planning Roster
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Exhibit M
Modification Request Form
Exhibit N
Sole Source Request Form
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Homeland Security Grant Program (please check):
0 UASI FY 06, Grant #: 2006-0071, CaIEMA ID #: 037-95050
0 UASI FY 07, Grant #: 2007-0008, CalEMA ID #: 037-95050
0 UASI FY 08, Grant #: 2008-0006, CalEMA ID #: 037-95050
UASI Region: LA/LB Jurisdiction: Agency/Department:
Line #:
REQUEST FOR SOLE SOURCE PROCUREMENT AUTHORIZATION
1. Project name:
Project Budget: $
2. Describe the project and/or activity that will be provided by the proposed sole source
vendor/contractor.
3. Describe your organization's standard procedures when sole source. contracting is considered,
including the conditions under which a sole source contract is allowed, and any other applicable
criteria (i.e. approval requirements, monetary thresholds, etc.)..
4. Indicate which of the following circumstances resulted in your organization's need to enter into a
sole source contract.
a. Item/service is only available from one source (Describe the process used to make that
determination. Please provide details.)
b. A public urgency or emergency will not permit a delay resulting from competitive
solicitation. According to the US Department of Homeland Security/FEMA, "Time
constraints will not be considered a factor if the subgrantee has not sought competitive
bids in a timely manner." (Describe the urgency or emergency. Please provide details)
C. After solicitation of a number of sources, competition was determined inadequate.
(Describe the solicitation process that determined competition was inadequate. Please
provide details, and attach any relevant supporting material, Request for Proposal, etc.)
5. Did your organization confirm that the contractor/vendor is not debarred or suspended?
6. Will your organization be able to complete all activities associated with the sole source contract
by the end of the grant performance period?
7. Describe your organization's cost benefit analysis of the contractor/vendor's bid/proposal.
8. Has your organization determined the costs are reasonable?
Submitted by
(Name) (Signature)
Date:
Ca1FMA SSRF rev 511109
Exhibit O
Intentionally Omitted
Exhibit P
Reimbursement Request Form
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRANT
Reimbursement Request Form
Return Expenditure Requests tos
Grant Specialist
Mayor's Office of Homeland Security and Public Safety
200 N. Spring St., Room #M175
Los Angeles, CA 90012
Fax: 213.978.0718
Jurisdiction:
Agency/Department:
Expenditure Period: to
Project Letter: Prepared By:
UASI FY07 ❑ Master Item #: Phone No.:
UASI FY08 ❑ Sub -Line #: Please mark this box to indicate
final request for reimbursement ❑
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
Title
Signature Date
Phone No. (extension) Fax No.
E-mail Address
Please Remit Payment to:
Agency
Address
City State Zip
Reference No.
.....:...:
•� �To;tie;;coin'-:I.etiedb _HSF?:S.'�:: ccvii: tin .;De..
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DHS/OES Reimbursement Request By: Transaction ID: Date:
DHS/OES Reimbursement Received: Cash Receipt No. JV No.
Transfer to Depart Date: JV No. Invoice No.
HSPS #:
Ex 4 °fit
Aviation Equi0,mm rlti Request: Form
CALIFORNIA E+ 11 EPRGE'NCY MANAGi+ MEN'i' AGENCY
GRANTS DIVISm
AVIATION REQUESTS
Homeland Security Grant Program FY Grant Number OES ID#
Urban Area Security Initiative (UASI) FY Grant Number OES ID#
City/County Name
1. Indicate the type of equipment for this request (choose only one of the following).
Aviation Aviation Related Equipment
2. Please provide a description of the area that will be served by the requested equipment.
3. Please justify the need for the aircraft and how the requested platform best meets that need as compared to
other options. Include the cost, discipline, and funding source.
4. Please certify on signed letterhead that an existing aviation unit is operating and will continue to operate
independent of the requested funding. Describe the active, operating aviation unit and certify that no
expenses will be charged against the grant award for the operation of such aviation unit.
5. Please identify the applicable goals and objectives in your State/Urban Area Homeland Security Strategy
that the requested aircraft addresses.
Revised 8109
CALIFORNIA Em, RGENCY MANAGI,�IMEN'r AGENCY
GRANTS D.ivisION
6. Please explain how the requested aircraft fits into the State/Urban Area's integrated operational plans.
7. Please explain what types of terrorism incident response and prevention equipment with which the
requested aircraft will be outfitted.
8. Please describe how this aircraft will be used operationally and which response assets will be deployed
using the requested aircraft.
9. Please describe how this aircraft will be utilized on a regular, non -emergency basis.
10. Please certify licensing, registration fees, insurance, and all ongoing operational expenses are the
responsibility "of'the grantee or the local units of government and are not allowable under this grant.
11. Attach letters of endorsement, if applicable.
Revised 8109
Exhibit R
Establish/Enhance EOC Request Form
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Homeland Security Grant Program FY Grant Number OES ID#
Urban Area Security Initiative (UASI) FY Grant Number OES ID#
Other Grant Number OES ID#
ESTABLISH/ENHANCE EMERGENCY OPERATIONS CENTER (EOC) REQUEST
1. What type of EOC does your organization plan to establish/enhance? (Choose one of the
following)
Primary EOC Alternate/Back-up/Duplicate EOC
2. Physical address of facility
3. Describe how the establishment/enhancement of an EOC improves your organization's ability to
prevent, plan for, respond to, and recover from a terrorism event (on a separate attachment).
4. Identify all other sources and uses of additional funds assisting the project in any way.
5. Identify anticipated homeland security grant costs to establish/enhance your organization's EOC in
the table below.
Supplies/Equipment AEL # Cost
Computers
Network Servers
Printers
Computer accessories (i.e. surge protectors, battery backups, etc)
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Fax machines
Lighting Systems
LCD projectors
Projection/plasma/flat screens/monitors/televisions
(Explain why a regular television is unsuitable for the particular project,
and explain how this item will enhance your organization's overall ability
to prevent, plan, respond to and recover from a terrorism event.)
GIS plotter and software
Telephone systems
Software development
Commercial off -the -shelf (COTS) software
CaIEMA EOCRF rev 8127109
Installation of EOC items
Miscellaneous connections for EOC items
Standardized mapping software
Standardized emergency management software
Installation of EOC items
Miscellaneous connections for EOC items
Leasing Costs (Indicate starting and ending dates of lease and explain
the circumstances under which the moving or leasing costs will be
incurred.)
Other (must provide list/description of"other" items and costs)
TOTAL - EOC Supplies and Equipment
6. Explanation of "other" items:
7. Has your organization determined the costs are reasonable?
Submitted by
(Name) (Signature)
Date:
CaIt:MA ECCRErev 8127109
Exhibit S
Establish/Enhance JRIC Request Form
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Homeland Security Grant Program FY Grant Number OES ID#
Urban Area Security Initiative (UASI) FY Grant Number OES ID#
Other Grant Number OES ID#
1.
2.
3.
4.
S.
ESTABLISH/ENHANCE JOINT REGIONAL INTELLIGENCE CENTER (JRIC) REQUEST
What type of JRIC does your organization plan to establish/enhance? (Choose one of the
following)
Primary JRIC
Physical address of facility
Alternate/Back-up/Duplicate JRIC
Describe how the establishment/enhancement of an JRIC improves your organization's ability to
prevent, plan for, respond to, and recover from a terrorism event (on a separate attachment).
Identify all other sources and uses of additional funds assisting the project in any way.
Identify anticipated homeland security grant costs to establish/enhance your organization's JRIC in
the table below.
Supplies/Equipment ACost
Computers
Network Servers
Printers
Computer accessories (i.e. surge protectors, battery backups, etc.)
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Fax machines
Lighting Systems
LCD projectors
Projection/plasma/flat screens/monitors/televisions
(Explain why a regular television is unsuitable for the particular project,
and explain how this item will enhance your organization's overall ability
to prevent, plan, respond to and recover from a terrorism event.)
GIS plotter and software
Telephone systems
Software development
Commercial off -the -shelf (COTS) software
CaIEMA JRICRF rev 6/27/09
Installation of JRIC items
Miscellaneous connections for JRIC items
Standardized mapping software
Standardized emergency management software
Installation of JRIC items
Miscellaneous connections for JRIC items
Leasing Costs (Indicate starting and ending dates of lease and explain
the circumstances under which the moving or leasing costs will be
incurred.)
Other (must provide list/description of "other" items and costs)
TOTAL - JRIC Supplies and Equipment
6. Explanation of "other" items:
7. Has your organization determined the costs are reasonable?
Submitted by
(Name) (Signature)
Date:
CalEMA JRICRF rev 8/27/09
Exhibit T
Forma Project Timeline
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,.a,N RECEIVED
FEB 1 3 2011
s�
CITY ADMINISTRATION
STAFF REPORT
Fire Department
DATE: February 23, 2011
TO Honorable Mayor and City Council
FROM: Fire Chief Whitworth
RE: Fiscal Year 2009 Urban Areas Security Initiative
Attached is an agreement between the City of Los Angeles and the City of Vernon in connection
with the Fiscal Year 2009 Urban Security Initiative Grant (FY09 UASI). Through the Office of
Grants and Training, the U.S. Department of Homeland Security will provide financial assistance
directly to the City of Vernon for the Fiscal Year 2009 Urban Areas Security Initiative.
Vernon's portion of the grant is $117,834.00.
Purpose
This grant will directly fund the training and backfill costs for CBRNE (chemical, biological,
radiological, Nucular and explosive), Hazardous Materials, and Urban Search & Rescue
Training. The financial aspects of the grant program will be administered by the City of Los
Angeles and overseen by the California Office of Homeland Security.
Recommendation
It is hereby recommended that the agreement be executed by the City and forwarded to the City
of Los Angeles.
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 7, 2011
Ms. Gaby Jaso, Contracts Specialist
Office of the Mayor, Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Re: Agreement— 2009 Urban Areas Security Initiative Grant Program
Dear Ms. Jaso:
Transmitted herewith are two partially executed agreements, as referenced above, approved by
City Council on March 1, 2011, through Resolution No. 2011-28.
Please return one fully executed original agreement to the undersigned.
If you have any questions regarding this matter, please call Fire Chief Mark Whitworth, at (323)
583-8811 ext. 280.
Ver truly yours,
WILLA G. U
City Clerk
WGY:dj
c: Rory Burnett
Mark Whitworth
Resolution No. 2011-28
Agreement File No. 11-025
EXcfusivefy Industriaf
March 14, 2011 OFFICE OF THE MAYOR
ANTONIO R. VILLARAIGOSA
Mr. Willard Yamaguchi
City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
RE: UASI 09 Subrecipient Agreement between the City of Los Angeles
and the City of Vernon
Dear Mr. Yamaguchi,
Please find enclosed the UASI 09 subrecipient agreement between the City of
Los Angeles and the City of Vernon. We are unable to process the contract, due
to an incomplete signature page. Please provide the Vernon city seal on the
contract signature page and mail back to the office at your earliest convenience.
If you have any questions, please do not hesitate to call or email me at your
leisure.
Please send the original, signed copies of the contracts, along with Vernon City
seal to me at the address below:
Gabriela V. Jasso, Contract Specialist
Office of Mayor Antonio R. Villaraigosa
Homeland Security and Public Safety Team
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Sincerely,
abriela . Jasso
Contract Specialist
Ends./ UASI 09 sub. agmt.
200 NORTH SPRING STREET • Los ANGELES, CALIFORNIA 90012
PHONE: (213) 978-0600 • FAX: (213) 978-0750 BIP
EMAIL: MAYOR@LACITY.ORG
Page 1 of 1
Juarez, Debbie
From: Enomoto, Kristen
Sent: Thursday, March 10, 2011 5:00 PM
To: gabriela.jasso@lacity.org
Cc: Yamaguchi, Willard; Juarez, Debbie
Subject: UASI 2009 Subrecipient Agreement
Hello Gabriela,
I received your message about the.UASI 2009 Subrecipient Agreement that seems to be
missing the City seal. Please return the agreement to Willard Yamaguchi, City Clerk, 4305
Santa Fe Avenue, Vernon, CA 90058.
Please feel free to call or email Willard directly, 323/583-8811 or wyamaguchiRci.vernon.ca.us
if there are additional questions or concerns.
Thank you.
Kristen Enomoto
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811 ext. 398
kenomoto@ci.vernon.ca.us
3/10/2011
TABLE OF CONTENTS
Section Description Page
I.'
INTRODUCTION
§101. Parties to the Agreement.: ............................................... ................................ 6
§102-. Representatives of the Parties and Service of Notices—,— ................................ 6
§103. Independent Party .. ...,.. ..... .............. .. 7
§1-04�." Conditions Precedent to Execution of This Agreement .................................... 7
II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
• .g
§202. Use of Grant Funds..............:.............................................:. ................::........ 8
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment.......:.................................15
IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein ......... .......................... '................ 17
§402. Applicable Law, Interpretation and Enforcement' .................. I ........................ 17
§403. Integrated Agreement .... .......................... ...................... .........................17
§404. Excusable Delays ....... .. 18
§405. Breach .... ... ... ......... .. . 18
§406. Prohibition Against Assignment or Delegation......:.................,.....................18
§407. Permits............................................................... 1 g
§408. Nondiscrimination and Affirmative Action. ... 19
... .......
§409. Los Angeles City Business Tax Registration Certificate ................................. 1-9§410. Bonds.. ... g
§411. Indemnification. .... .., .. . 20
§412• Conflict of Interest. ...... .. 20
§413, Insurance. ..22
§414, Restriction on Disclosures . z2
§415. Statutes and Regulations Applicable To All Grant Contracts .......................... 22>
§416. Federal, State and 'Local Taxes 31
§417, Inventions, Patents and Copyrights ., ... ... 31'
§418. Living. Wage Ordinance Service Contractor Worker Retention and Living Wage
Policy . .. 33
§419. Earned Income Tax Credit. ..... ..... ....... 33
UASI '09 Subrecipient Agreement j 1/10
§420.
Equal Benefits Ordinance ...........
............. ..
§421.Contractor Responsibility Ordinance
33
§422."
.......... .
Slavery Disclosure Ordinance
33
`§423.
..................................
Child Support Assignment Orders.............
§424.
................................
......... .,.............. .. ... ..
.......
Minority, Women, and Other Business Enterprise Outreach Program .............
34
a4
§425:
Publications
34
.........
V.
DEFAULTS, SUSPENSION TERMINATION AND AMENDMENTS
§501.
§502.
Defaults. ...........
(This section intentionally left blank.)
35
§503.
... .. .. ..... ..
(This section intentionally left blank.)
35
35
§504.;
.
(This section intentionally left blank.)
§505.
Amendments.
.. .................................................. ..................35
VI.
ENTIRE AGREEMENT
§601.
Complete Agreement ....................
§602.
Number- of Pages and Attachments.... ...........I.............
Execution (Signature) ........................................
37
UASI '09 Subrecipient Agreement jj 1/10
EXHIBITS
Exhibit A Insurance (Not applicable to this Agreement)
Exhibit D Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C Certification Regarding Lobbying
Exhibit D Certification Regarding Drug Free Requirements
Exhibit,.E Grant Assurances
Exhibit F° Part-11M., Application and Submission Subpart E Funding Restrictions
Exhibit G Part VIII, Other Information - HSGP Allowable Costs, HSGP Allowable
Expenses, Allowable Planning, Training, and Exercise Examples Specific
to Law Enforcement Terrorism Prevention -oriented Activities
Exhibit H Intentionally Omitted
Exhibit I , Equipment Ledger
Exhibit J Training Roster
Exhibit K Exercise Roster
Exhibit L Planning Roster
Exhibit M Modification Request Form
Exhibit N Sole Source Request Form
Exhibit O Intentionally Omitted
Exhibit P Reimbursement Request Form
Exhibit Q Aviation Equipment Request Form
Exhibit R Establish/Enhance EOC Request Form
Exhibit S Establish/Enhance JRIC Request Form
Exhibit T Forma Project Timeline
UASI '09 Subrecipient Agreement jjj 1/10
AGREEMENT NUMBER OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF VERNON
THIS SUBRECIPIENT AGREEMENT ("Agreement" or "Contract") is made and `
entered into by and, between the City of Los Angeles, a municipal corporation (the
"City,"), and City of Vernon, a municipal corporation (the."Subgrantee" or
"Subrecipient")
W!!N' SS'ETH
WHEREAS, the U.S. Department of Homeland Security ("DHS" or "Grantor"),
through the Office of Grants and Training ("G&T"), has provided financial assistance to
the Los Angeles/ Long Beach Urban Area ("LA/LBUA") through the Fiscal Year (FY)
2009 Urban Areas Security Initiative Grant Program ("UASI. 09" or the "Grant") in the
amount of $54,632,360 ("Grant Funds"), such Grant Funds having been awarded by
G&T to the City, as a Core City, for use in the LA/LBUA and such Grant having been
accepted by the City Council (C.F. # 09-1275 and August 3, 2010); and
WHEREAS, the LA/LBUA consists of the City of Los Angeles, the City of Long
Beach, the unincorporated area of the County of Los Angeles, and participating
jurisdictions, including the Subrecipient; and
WHEREAS; this financial assistance is administered by the City of Los Angeles
and is overseen by the California Emergency' Management Agency ("CalEMA"); and
WHEREAS, this financial` assistance is being provided to address the unique
equipment; training, planning, organization, 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 City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ("Mayor's Office") to provide for the proper monitoring of the
funding and administration of the Grant; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 09 Grant Funds
allocated to the Subrecipient as a participating jurisdiction in the LA/LBUA as further
detailed in this Agreement;
WHEREAS, the City and Subrecipient are desirous of executing this Agreement
as authorized by the City Council and the Mayor (refer to Council File Number. # 09-
1275 dated August 3, 2010) which authorizes the City to prepare and execute this
Agreement.
UASI 09 Subrecipient Agreement 4 1/10
NOW, THEREFORE, in consideration of the mutual covenants set forth herein
and the mutual benefits tobederived therefrom, the City and the Subrecipient (each a
"Party" and collectively, the "Parties") agree as follows:
UASI 09 Subrecipient Agreement 5 1110
I .
INTRODUCTION
§101, Parties to the Agreement
The Parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at200 North Spring
Street, Los Angeles, California 9.0012; and
B. City of Vernon, [a municipal corporation], having its principal office at 4305 South
Santa Fe, 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:
1 The representative of the City of Los Angeles shall be, unless otherwise
stated in this Agreement:
EileenBecker, Deputy Mayor
Office of the Mayor, Homeland Security and Public Safety
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Phone: (213) 978-0687
Fax: (213) 978-0718
2. The representative of City of, Vernon shall be:
David Lazar,' Battalion` Chief
Vernon` Fire "Department
4035 Santa Fe Avenue
Vernon, CA 90058
Phone: (323) 583-8811 Ext.511
Fax: (323) 581-1682
dlazar@ci,vernon.ca.us
UASI 09 5ubrecipientAgreement 6 1/10
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
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103.
Independent Party
Subrecipient is acting hereunder as an independent. party, and not as an agent or
employee of the City, No employee of Subrecipient is, or shall be, an employee
of the City by virtue of this Agreement, and Subrecipient shall so inform each"
employee organization and each employee who is hired or retained under this
Agreement. Subrecipient 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.
§104.<
Conditions Precedent to Execution of This Agreement
Subrecipient shall provide copies of the following documents to the City, unless
otherwise exempted`:
A.
This Section is Left Intentionally Blank
B.
Certifications Regarding Ineligibility, Suspension and Debarment as required by
Executive Order 12549 in accordance with §415.A.12 of this Agreement and
attached" hereto as Exhibit B and made a part hereof.
C.
Certifications.and Disclosures Regarding Lobbying in accordance with §415.A.4
of this Agreement and attached hereto as Exhibit C and made a part hereof.
Subrecipient 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 Subrecipient.
D.
Certification Regarding Drug Free Workplace Requirements in accordance with §
415.A.13of this Agreement and attached hereto as Exhibit D and made a part
hereof.
UASI 09 Subrecipient Agreement 7 1/10
LI,
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on September 30, 2009 and end
March 31, 2012, and any additional period of time as is required -to complete any
necessary close out activities. Said term is subject to the provisions herein.
§202. Use of Grant Funds
A. Subrecipient's allocations and use of funds under this Grant shall comply and be
in accordance with, and subject --to, the guidance, regulations and requirements
set forth in the following: (1) DHS FY 2009 Homeland Security Grant Program
Guidance and Application Kit ("DHS 09 Guidance"), (2) DHS Information
Bulletins, (3) CaIEMA's FY 09 Homeland Security Grant Program California
Supplement to Federal Guidance and Application Kit ("CaIEMA 09 Supplement"),
(4) CaIEMA Grant Management Memos ("GMM" ), (5) the current editions of the
Office of Justice Programs ("OJP") Financial Guide and the DHS Financial
Management. Guide, (6) DHS/FEMA's Grants Management Common Rule as
codified in Title 44 Code of Federal Regulations (CFR)Part 13, (7) CaIEMA FY
09 Grant Assurances, attached -hereto as Exhibit E and made a part hereof, and
(8) this Agreement. Subrecipient shall use the Grant Funds allocated to it to
support the goals and objectives included in the State and/or Urban Area
Homeland Security Strategies as well as the investments and projects identified
in the Investment Justifications, which were submitted as part of the California FY
2009 Homeland Security Grant Program. application. Further, use of the Grant
Funds is limited to those investments and projects included in the California
FY09 Investment Justifications submitted to DHS/FEMA/CalEMA and evaluated'
through the peer review process. Subrecipient shall comply with any cost
sharing commitments included in such FY09 Investment Justifications, where
applicable. Subrecipient agrees that that Grant Funds will be used to
supplement existing funds for program activities, and will not supplant (replace)
non -Federal funds.
Subrecipient hereby certifies that it has the legal authority to apply for the
financial assistance given through the Grant and has the institutional, managerial
and financial capability to ensure proper planning, management and completion
of its projects being funded by the Grant Funds. Subrecipient shall assure that
Grant Funds allocated to it are used for allowable, fair and reasonable costs only
and will not be transferred between programs (State Homeland Security
Program, Urban Area Security Initiative, Citizen Corps Program, and
Metropolitan Medical Response System) or fiscal years. Subrecipient shall notify
City and, CaIEMA of any developments that have a significant impact on Grant
Fund supported activities of Subrecipient, including changes to key program
UASI 09 SubreclplentAgreement g 1/10
staff. Subrecipient shall cooperate with any assessments, national evaluation
efforts, or information or data collection requests, including, but not limited to, the
provision of any information required for the assessment or evaluation of any
activities contemplated by this; Agreement.
B. Subrecipient and the City have previously completed a 'mutuatly approved
Budget/Expenditure Plan, dated August 3,2010 '(the "Budget"). The Budget
contains detailed listings of items and projects for expenditure- under the terms of
this Agreement and the Grant, and Subrecipient shall use the funds disbursed
under this Agreement only for such items. Any request by Subrecipient to modify
the Budget must be made in writing and must be approved in writing by the
Parties during the term of this Agreement,
1. Any request by Subrecipient to modify the Budget must be made in writing.
and accompanied by a completed Modification Request Form, attached
hereto as Exhibit M. All; modification requests must be approved in writing
by the City during the term of this Agreement to be effective.
2. Budget modification requests must be submitted to the City no later than
30 days before the end of each fiscal quarter for which the modification is
sought.; Submissions made after the deadline will be returned to the
Subrecipient, and will not be accepted until the following submission
period. The City will notify the Subrecipient in writing if modification
requests are inaccurate and/or incomplete. Inaccurate and/or incomplete
modification requests shall be returned to the Subrecipient for revision and
shall be accepted by the City when modification requests are accurate and
complete. Subrecipient shall not expend any Grant Funds on modified
budget items until such modification is approved by the City and
CaIEMA/Grantor.
3. Final. modification requests must be submitted to the City no later than 30
days prior to the end of the applicable Grant performance period deadline
to provide the City time to meet CalEMA/Grantor requirements. At that
time, any unexpended funds may be re -directed to other needs across the
LA/LBUA. The City will notify Subrecipient, in writing, when unexpended
balances may be re -directed,
C. Subrecipient shall complete a UASI 09 Project Timeline provided by the City to
manage its allocation of the Grant Funds. A UASI09Project Timeline is
attached hereto as Exhibit T. Subrecipient shall provide a UASI 09 Project
Timeline and any reports requested by the City regarding performance of this
Agreement by date specified by the City. Plans and reports.shall be in the form'
asset forth in Exhibit T and shall be provided in a timely manner. The
completion of each milestone and deliverable referenced in the UASI 09 Project
Timeline is subject to the prior review and written approval of the City. Subject to
prior City approval, Subrecipient may update the UASI 09 Project Timeline
quarterly, if necessary, and provide such updates to the City in order to monitor
UASI 09 Subrecipient Agreement 9 1/10
and evaluate Subrecipients performance. Failure to meet any milestones or
deadlines as set forth in Subrecipient's UASI 09 Project Timeline may result in
the City reducing Grant Funds allocated to the Subrecipient, as more fully set
forth in`§301 of this Agreement.
D. Subrecipient shall initiate and complete work on a project within the applicable
time frame after receipt of approval for such project from CalEMA. 'CalEMA may
grant extensions to the time of performance for a project at its sole discretion.
Any request by Subrecipient to extend the time of performance for a project must
be made in writing to the Mayor's Office. All extension requests must be
approved by CalEMA in writing during the term of this Agreement to be effective.
E. Noject extension requests must be submitted to the City no later than 120 days
befere the end of the applicable project time of performance. The City will notify;
the Subrecipient in writing if project extension requests are inaccurate and/or
incomplete. Inaccurate and/or incomplete project extension requests shall be
returned to the Subrecipient for revision and shall be accepted by the City when
project extension requests are accurate and complete.
F. Any equipment acquired pursuant to this Agreement shall be authorized subject
to, and in compliance with the CalEMA 09 Supplement, GMMs, UASI Authorized
Equipment List (www rkb.us), DH,S Information Bulletins, and D.HS 09 Guidance,
which includes Part V: Application and Submission Subpart E Funding
Restrictions (attached as Exhibit F hereto and made a part hereof), and Part VIII,
Other Information - HSGP Allowable Costs,-HSGP Allowable Expenses,
Allowable Planning, Training, Organization, and Exercise Examples Specific to
Law Enforcement Terrorism Prevention -oriented Activities (attached as Exhibit G
hereto and made a part hereof). Subrecipient shall provide the City a copy of its
most current procurement'guidelines and follow its own procurement
requirements' as long as they meet the minimum federal requirements, which
include, but are not limited to, those regulations set forth in OMB Circulars A-87,
A-21, A-21, A-102 A-110, A-122, A-133, Executive Order (E.0) 12372, Title 28
CFR Parts 66 and 70, the current editions of the OJP Financial Guide and the
DHS Financial Management Guide, and Title 44 CFR Part 13:
Any equipment acquired or obtained with Grant Funds:
1. Will be made available pursuant to applicable terms of 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 LA/LBUA, and deployed with personnel trained in the
use of such equipment in manner consistent with the California Law
Enforcement Mutual Aid Plan or the California Fire Services and Rescue
Mutual Aid Plan;
UASI 09 Subrecipient Agreement 10 1/10
2. Shall be consistent with needs as identified in the State Homeland
Security Strategy and will be deployed in conformance with that Strategy.
G. 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.
1. Equipment shall be used by Subrecipient in the program or project for
which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously`` supported by a Federal agency.
2. Subrecipient 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. An equipment ledger, attached hereto as Exhibit I, shall be maintained for
each item of Equipment acquired for the program. This record must be
updated quarterly and forwarded to the City along with completed
reimbursement request forms (Exhibit P), when applicable. Records must
be retained pursuant to 28 CFR Part 66, the current editions of the OJP
Financial Guide and the DHS Financial Management Guide, and Title 44'
CFR Part 13. For each piece of equipment, the record shall include:
(a) The line item number and project number as stated in the
Budget
(b) The equipment description as stated in the Budget
(c) The Authorized Equipment Listing number (AEL) found at
http://www. rkb.mipt.org
(d) The AEL title
(e) The invoice number
(f) The vendor
UASI 09 Subrecipient Agreement 11 1/10
(g) Total cost (prime vendor)
(h) Total cost (general)
(i) Cash request #
0) Acquired date
(k), ID Tag #
(1) The condition and disposition of the equipment, indicating
whether it is new or used
(m) The deployed location, including the address and/or
name of the facility where the equipment is located
(n) The name and contact information to whom the
equipment. is assigned.
(o) Environmental and Historical Preservation (EHP) Notes
4. All equipment obtained under this Agreement shall have an LA/LBUA
identification decal affixed to it, and, when practical, shall be affixed where
it is readily visible.. Subrecipientalso agrees that, when practicable, any
equipment purchased with UASI grant funding shall be prominently
marked as follows: "Purchased with funds provided by the U.S.
Department of Homeland Security:"
5. A physical inventory of the Equipment shall be taken and the results
reconciled with the Equipment records at least once every, year.
6. Subrecipient must obtain a performance bond for any equipment item over
$250,000; or, any vehicle, aviation or watercraft (regardless of the cost)
financed with UASI grant funds.
7. Requests for aviation equipment must be made in writing and
accompanied by a completed Aviation, Equipment Request form, attached
hereto as Exhibit Q
8. Requests to establish or enhance Emergency Operation Centers (EOCs)
must be made in writing and accompanied by a completed
Establish/Enhance_EOC Request form, attached hereto as Exhibit R.
9. Requests to establish or enhance the LA/LBUA Joint Regional Intelligence
Center (JRIC) must be made in writing and accompanied by a completed
Establish/Enhance, JRIC Request form, attached hereto as ExhibitS.
UASI 09 Subrecipient Agreement 12 1/10 .
10. Aviation, EOC and JRIC Request forms must be approved by CalEMA in
writing during the term of this Agreement. Request forms must be
submitted to the City within 60 days of project commencement date.
Purchases may not be made nor may the project commence until Request
forms are submitted to and approved by the City. The City will notify the
Subrecipient`in writing if Request forms are inaccurate and/or- incomplete;
Inaccurate and/or incomplete Request forms shall be returned to the
Subrecipient for revision and shall be accepted by the City when Request
forms are accurate and complete.
11. If applicable,; Subrecipient must meet the deadline for the any equipment.
items listed its UASI 09 Protect Timeline, as approved by the City.
12. Notwithstanding anything to the contrary in this Agreement, Equipment
must meet all mandatory regulatory and/or DHS-adopted standards to be
eligible for purchase using Grant Funds. In addition, Subrecipient shall be
responsible for obtaining and maintaining all necessary certifications and
licenses for the requested Equipment.
H. Any training paid pursuant to this Agreement shall be authorized subject to, and
in compliance with the CalEMA 09 Supplement, GMMs, DHS Information
Bulletins, and OHS 09 Guidance, which includes Part V:. Application and
Submission Subpart E Funding. Restrictions (attached as Exhibit F hereto and
made a part hereof), and Part Vill, Other Information - HSGP Allowable Costs,
HSGP Allowable Expenses, Allowable Planning, Training, and Exercise
Examples Specific to Law Enforcement Terrorism Prevention -oriented Activities
(attached as Exhibit G hereto and made a part hereof) and must be pre -
authorized by CalEMA at http://www.ohs.ca.gov/hseep/TrainingHome,htm1. A
catalogue of Grantor approved and sponsored training courses is available at
http://www.firstrespondertraining.gov/odp webforms.
-1. Any exercise pursuant to this Agreement shall be authorized subjectto, and in
compliance with the CaIEMA 09 Supplement, GMMs, DHS Information Bulletins,
and DHS 09 Guidance, which includes Part V: Application and Submission
Subpart, E Funding Restrictions (attached as Exhibit F hereto and made a part
hereof), and Part Vlll, Other Information - HSGP Allowable Costs, HSGP
Allowable Expenses, Allowable Planning, Training, and Exercise Examples
Specific to Law Enforcement Terrorism Prevention -oriented Activities (attached
as Exhibit G hereto and made a part hereof). Detailed' Homeland Security'
Exercise and Evaluation Program Guidance is available at httg://hseep.dhs.gov.
J. Any planning. paid pursuant to this Agreement shall be authorized subject to, and
in compliance with the CaIEMA 09 Supplement, GMMs, DHS Information
Bulletins, and DHS 09 Guidance, which includes Part V: Application and
Submission Subpart 'E Funding Restrictions (attachedasExhibit -F hereto and
made a part hereof), and Part Vlll, Other Information - HSGP Allowable Costs,
HSGP Allowable Expenses, Allowable Planning, Training, and Exercise
UASI 09 Subrecipient Agreement 13 1/10
Examples Specific to Law Enforcement Terrorism Prevention -oriented Activities
(attached as Exhibit G hereto and made a part hereof). Subrecipient must have
a City approved, tangible deliverable for the planning project. Reference
materials and additional details are available at http://www.homeland.ca.gov
K. Funds utilized to establish or enhance state and local fusion centers must -
support the development of a statewide fusion process that corresponds with the
Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center
GuideRnes and .achievement of a baseline level of capability as defined' by the
Fusion Capability Planning Tool.
L. Any organizational activities paid pursuant to this Agreement shall be authorized
subject to, and in compliance with the CaIEMA 09 Supplement, GMMs, DHS
Information Bulletins, and DHS 09 Guidance, which includes Part V Application
and Submission Subpart E Funding Restrictions (attached as Exhibit F hereto
and made a part hereof), and Part VIII, Other Information - HSGP Allowable
Costs, HSGP Allowable Expenses, Allowable Planning, Training, and Exercise
Examples Specific to Law Enforcement Terrorism Prevention -oriented Activities
(attached as Exhibit hereto and made a part hereof). Plans and reports shall
be in the form requested by the City, and shall be provided in.a timely manner.
Nl. As, required by CaIEViA, the City shall provide Subrecipient with an electronic,
interactive, Financial Management Forms Workbook, based on the pro forma
template, incorporated herein by reference.Subrecipient shall continuously
maintain the Project Management Workbook to access, complete and update the
following documents:
(1) Reimbursement Checklist
(2) Reimbursement Request Form
(3) Equipment Ledger
(4) Training Roster
(5) Exercise Roster
(6) Planning, Roster
N. Any and all requests for Sole Source procurements or contracts must be
approved by the City and CalEMA prior to Subrecipient entering into such
contract. Such request shall be made on a Sole Source Request Form, as attach
hereto as Exhibit N. Any such request may be denied by City and CalEMA in
their sole discretion.
UASI 09 Subrecipient Agreement 14 1/10
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount
of One Hundred Seventeen Thousand Eight Hundred Thirty Four Dollars
($117,834.00) to be used for purchase of equipment, planning, exercises,
organizational activities, and training as described in Section 202 above. The
Grant Amount represents the amount allocated to Subrecipient in the FY 09
UASI grant award notice. The disbursement shall be on a reimbursement basis
only.
Subrecipient.. shall -maintain procedures to minimize the time elapsing between
the award of Grant Funds and the disbursement of such funds.
B. Subrecipient shall prepare, maintain and provide to the City invoices requesting
payment as well as purchase orders, proof of delivery, proof of payment and
payroll records, timesheets, receipts and any other supporting documentation
necessary to fully and accurately describe the expenditure of funds for which
reimbursement from Grant Funds is sought under this Agreement. All such
supporting documentation shall satisfy applicable federal, state and City audit
and review standards and requirements. Such documentation shall be prepared
at the sole expense and responsibility of the Subrecipient, and the City will not
reimburse the Subrecipient for any costs incurred for such preparation. The City
may request, in writing, changes to the content and format of such
documentation at any time, and the City reserves the right to request additional
supporting documentation to substantiate costs incurred at any time. In addition,
each reimbursement request shall be accompanied by the Reimbursement
Request Form(attached hereto as Exhibit P) and Equipment Ledger (Exhibit 1), ,
Training Roster (Exhibit J), Planning Roster (Exhibit L) and/or Exercise Roster
(Exhibit K), as applicable, detailing the expenditures made by Subrecipient as
authorized by Section 202 above. For equipment for which Subrecipient is
requesting reimbursement, an equipment ledger, (Exhibit 1) and all appropriate
back-up documentation must be attached to the reimbursement form, including
invoices and supporting: documentation, including proof of payment and proof of
delivery. For training and exercise reimbursements, Subrecipient must include a
copy of the class training roster (attached hereto as Exhibit L) or class exercise
roster (attached hereto as Exhibit K) verifying training attendees, proof that a
CalEMA'tracking number has been assigned to the course, and supporting
documentation, including timesheets and payroll registers for all training
attendees.
1. The Grantor seeks to encourage Regional Projects, where two or more
jurisdictions or Urban -Areas join together on a given project for the
common good of the region. For regional project reimbursements,
UASI 09 Subreciplent Agreement 15 1/10
Subrecipient must include approval from the lead agency for all submitted
invoices.
2. Reimbursement requests must be submitted to the City monthly. Final
reimbursement requests for the grant period must be submitted to the City
on or before January 31, 2012 The City will notify the Subrecipient in
writing if reimbursement requests are inaccurate and/or incomplete.
Inaccurate and/or incomplete reimbursement requests shallbe returned to
the Subrecipient for revision and shall be accepted by the City when
reimbursement requests are accurate and complete
C. Payment of final invoices shall be withheld by the City until the City has
determined that Subrecipient has turned in all supporting documentation and
satisfied the requirements of this Agreement.
D. Subrecipient must account separately for all interest income earned from the
Grant Funds. In accordance with OJP financial guidelines and 4.4. CFR Part 13,
interest earned on Grant Funds must be reported and returned to the City.
Subrecipient will maintain records of and account for any interest earned on
Grant Funds. Subrecipient shall promptly return to the City all Grant Funds
received, which exceed the approved, actual expenditures as accepted by
CaIEMA and Grantor. In the even the amount of the Grant Funds allocated to
Subrecipient is reduced, the reimbursement'applicable to the amount of such
reduction will be promptly refunded to the City to be returned to CaIEMA`and
Grantor.
E. It is understood that the City makes no commitment to fund this Agreement
beyond the terms set forth herein.
F. This section intentionally blank.
G. Funding for all periods of this Agreement is subject to the continuing availability
to the City of federal funds for this program. The Agreement may be terminated
immediately upon written notice to Subrecipientof_a loss or reduction of federal
grant funds.
H. The City reserves the right at any time to modify the amount of Grant Funds
allocated to the Subrecipient in this Agreement in the event that the Subrecipient
does not meet milestone spending deadlines or other project milestones for their
contemplated projects as set forth in Subrecipient's UASI 09 Project Timeline.
The Subrecipient will be notified in writing of such modifications made to its
allocation of Grant Funds for failure to meet milestones or deadlines 'set forth in
its UASI 09 Project Timeline. Such modifications include, but are not limited to,
suspension, termination or reduction of Grant Funds allocated to the
Subrecipient. In addition, Subrecipient shall promptly repay to City any
unapproved expenditures relating to such modifications or Subrecipient's failure
to meet milestones or deadlines set forth in its UASI 09 Project Timeline,
UASI 09 Subrecipient Agreement 16 1/1Q
IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement 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 "Subrecipient" 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 Subrecipient 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.
§40Z 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, including but not
limited to, laws regarding health and safety, labor and employment, wage, and
hours and licensing laws which affect employees. This Agreement shall be
enforced and interpreted under the laws of the State of California and the City
without regard to conflict of law principles, Subrecipient shall comply with new,
amended, or revised laws, regulations, and/or procedures that apply to the
performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal
jurisdiction, and agrees to bring all such actions, exclusively in state and federal
courts located in Los Angeles County, California.
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 parts, terms
or provisions of this Agreement shall not be affected thereby.
§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:
UASI 09 Subrecipient Agreement 17 1/10
§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
l'rabitity 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 LocalGovernment 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 as described in §404 herein, 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
Subrecipient 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
Subrecipient 'and its directors, officers, agents, employees and
contractors/subcontractors, to the extent allowed hereunder, shall obtain and
maintain all licenses, permits, certifications and other documents necessary for
Subrecipient's performance hereunder and shall pay any fees required therefore,
Subrecipient certifies to immediately notify :the City of any suspension,
termination, lapses, non -renewals or restrictions of licenses, permits, certificates,
or other documents.-
UASI 09 Subrecipient Agreement 18 1/10
§408. Nondiscrimination and Affirmative Action
A. Subrecipient 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.. to performing this Agreement, the Subrecipient shall not
discriminate in its employment- practices against any employee or applicant for ,
employment because of such person's race, religion, nationalorigin, ancestry,
sex, sexual orientation, age, physical handicap; mental disability,' marital status,
domestic partner status, or medical condition. The Subrecipient 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 CFR Part 60),
B. Subrecipient shall comply with the provisions of the Los Angeles Administrative
Code Sections 10.8 through 10.13, to the extent applicable hereto. 1f this
Agreement contains a consideration in excess of$1,000 but not more than
$100,000, 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 $100,000, the
Affirmative Action Program of his 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. Subrecipient
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.
C. Any subcontract entered into by the Subrecipient relating to this Agreement, to
the extent allowed hereunder, shall be subject to the provisions of this paragraph.
§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 all federal
requirements regarding the use of Grant Funds and shall be filed with the Office of the City Administrative.Officer, Risk Management for its review in accordance
with Los Angeles Administrative Code Sections 11.47 through 11.56.
UASI 09 Subrecipient Agreement 19 1/10
§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. Subrecipient certifies
that it has adequate self insured retention of funds to meet any'obligation arising
from this Agreement.
A. Pursuant to Government Code Section 895.4 and 895.6, the parties shall
each assume the full liability imposed upon it, or any of its officers, agents
or employees, by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this.Agreement.
B. Each party indemnifies and holds harmless the other party for any foss,
costs, or expenses that may be imposed upon such other party by virtue
of Government Code section 895.2, which imposes joint civil liability upon
public entities solely by reason of such entities being parties to an
agreement, as defined by Government Code section 895.
C. In the event of third -party loss caused by negligence, wrongful act or
omission by both Parties, each, party shall bear financial responsibility in
proportion to its percentage of fault as may be mutually agreed or judicially
determined. The provisions of Civil Code Section 2778 regarding
interpretation of indemnity agreements are hereby incorporated
§412. Conflict of Interest
A. Subrecipient shall 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.
Subrecipient 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 subcontractors
is or has the appearance of being motivated by a desire for personal gainfor
UASI 09 Subrecipient Agreement 20 1110
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 prohibitedby the
California Political Reform Act, California Government Code
§87100 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`.
a. Any director 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.
C. (This section intentionally left blank.)
D. The Subrecipient further covenants that no officer, director, employee, or agent
shall solicit or 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).
E. The Subrecipient 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 Subrecipient;
UAS1 09'Subrecipient Agreement 21 1/10
F. Prior to obtaining the City's approval of any subcontract, the Subrecipientshall
disclose to the City any relationship, financial or otherwise, direct or indirect, of
the Subrecipient or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
G. 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 of Los Angeles, State of California, and Federal regulations regarding
conflict of interest,
H. The Subrecipient warrants that it has not paid or given and will not pay or give to
any third person any money or other consideration for obtaining this Agreement,
I. The Subrecipient covenants that no member-, officer or employee of Subrecipient
shall have interest, director 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.
J. The Subrecipient shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this project and shall
substitute the term "subcontractor" for the term "Contractor" and "sub
Subcontractor" for "Subcontractor".
§413. Insurance
This section is not applicable to this Agreement, and is intentionally left blank.
§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 State and Federal Statutes and Regulations
A. Statutes and Regulations Applicable To All Grant Contracts
Subrecipient shall comply with all applicable requirements of state, federal,
County and City of Los Angeles laws,' executive orders, regulations, program and
administrative requirements, policies and any other requirements governing this
Agreement. Subrecipient shall comply with state and federal laws s and regulations
pertaining to labor, wages, hours, and other conditions of employment.'
Subrecipient shall comply with new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These'
requirements include, but are not limited to:
1. Office of Management and Budget (OMB) Circulars
UASI 09 Subreciplent Agreement 22 1110 .
Subrecipient shall comply with OMB Circulars, as applicable: OMB
Circular A-21 (Cost Principles for Educational Institutions); OMB
Circular A-8.7 (Cost Principles for State, Local, and Indian Tribal
Governments); OMB Circular A-102 (Grants and Cooperative
Agreements with State and Local Governments); Common Rule,
Subpart C for public agencies or OMB Circular A-110 (Uniform
Administrative Requirementsfor Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations); OMB Circular A-122 (Cost Principles for Non -Profit
Organizations); OMB Circular A-133 (Audits of States, Local
Governments, and Non -Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
Subrecipient shall adhere to the rules and regulations of the Single
Audit Act, 31 USC Sec. 7501 et seq.; City Council action dated
February 4, 1987 (C.F. No. 84'2259'S1); and any administrative
regulation or field memos implementing such Act.
3 Americans with Disabilities Act
Subrecipient hereby certifies that it will comply with the Americans
with- Disabilities Act 1990 ("ADA"), 42 USC §§ 12101 et sea., and
its implementing regulations, including Subtitle A, Title Il of the
ADA. Subrecipient will provide reasonable accommodations to
allow' qualified individuals with disabilities to have access to and to
participate in its programs, services and activities in accordance
with the provisions of the ADA. Subrecipient will not discriminate
against persons with disabilities nor against persons due to their
relationship to or association with a person with a disability. Any
contract entered into by the Subrecipient (or any subcontract
thereof), relating to this Agreement, to the extent allowed
hereunder, shall be subject to the provisions of this paragraph.
4. Political and Sectarian Activity Prohibited
a. 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. Subrecipient shall not use any
funds provided under this Agreement be used, directly or
indirectly, to support the enactment, defeat, repeal, modification
or adoption of any law, regulation, pending legislation, pending
regulation, or policy (pending or otherwise), at any level of
government. None of the funds provided pursuant to this
UASI 09 Subrecipient Agreement 23 1/10
Agreement shall be used for any sectarian purpose or to
support or benefit any sectarian activity.
b. If this Agreement provides for more than $100,000.00 in grant
funds or more than $150,000 in loan funds, Subrecipient shall
submit to the City a Certification Regarding Lobbying and a
Disclosure Form, if required, in accordance with 31 U.S.C.
1352. A copy of the Certificate is attached hereto as Exhibit C
and incorporated herein. No funds will be released to
Subrecipient until the Certification is filed.
c. Subrecipient 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
Subrecipient. Subrecipient 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.
5. Records Inspection
a. At anytime during normal business hours and as often as the
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and the State of
California, may deem necessary, Subrecipient shall make
available for examination all of its records with respect to,all
matters covered by this Agreement.` Subrecipient hereby gives
City, the Federal government, the General Accounting Office,
the Comptroller General of the United States, and the State of
California, through any authorized representative, access to,
and the right to examine, audit and make excerpts or transcripts
of, all paper or electronic records, books, or documents related
to the Grant Funds and all matters covered by this Agreement,
including, but not limited to all Subrecipient's invoices,>materials, '
payrolls, records of personnel, conditions of employment and
other data.
b. Subrecipient agrees to provide any reports requested by the
City regarding performance of the Agreement.
6. Records Maintenance
Records, in their original form,shall be`maintained in accordance
with requirements prescribed by the City and CaIEA/Grantor with
respect to all matters covered on file for all documents specified in
this Agreement. Original formsare to be maintained on file for all
UASI 09 Subrecipient Agreement 24 1/10
documents specified in this Agreement. Such records shall be
retained for period of five (5) years aftertermination 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.
Subrecipient shall establish a proper accounting system in
accordance with generally' accepted accounting standards and/or
CaIEMA/Grantor directives.
7. Subcontracts and Procurement
Subrecipient shall comply with the State, Federal and Subrecipient
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.
Subrecipient shall ensure that the terms of this Agreement with the
City are incorporated into all subcontract agreements:. Subrecipient
shall submit all Subcontractor Agreements to the City for review
prior to the release of any funds to the subcontractor. Subrecipient
shall withhold funds to any subcontractor agency that fails to
comply with the terms and conditions of this Agreement and their
respective subcontract agreement.
8. Labor
a. Subrecipient shall comply with the Intergovernmental Personnel
Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under one of
the 19 statutes or regulations specified in Appendix A of OPM's
Standards for a Merit System Personnel Administration (5 CFR
900, Subpart F).
b. Subrecipient shall comply, as applicable, with -the provisions of
the Davis -Bacon Act (40 U.S.C`. §§276a to 276a-7), the
Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the
Contract Work. Hours and Safety Standards Act (40 U.S.C.
§§327-333), regarding labor standards for federally -assisted
construction subagreements, and the Hatch Act (5 U.S.C.
§§1501-1508-and 7324-7328), which limit the political activities
UASi 09 Subrecipient Agreement 25 1110
of employees whose principal employment activities are funded
in whole or in part with Federal funds.
c. Subrecipient shall comply with the Federal Fair Labor Standards
Act (29 U.S.C. § 201) regarding wages and hours of
employment.
d. None of the funds shall. be used to promote or deter union/labor
organizing activities in accordance with California Government
Code §16645.et seq_
9. Civil Rights
Subrecipient shall comply with all Federal statutes relating to civil
rights and 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 VIII of the Civil Rights Act of 1968 (42
U,S.C. §§3601 et seq.), as amended, relating to non-discrimination
in the sale, rental or financing of housing; (i) Title 44 Code of
Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination; (j) the requirements of any other
nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; (k) the
nondiscrimination requirements and all other provisions of the
current edition of the OJP Financial and Administrative Guide for
Grants, M7100.1; and (1) P.L. 93-348 regarding the. protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
In the event that a Federal or State court or Federal or State
administrative agency makes a finding of discrimination after a due
UASI 09 Subrecipient Agreement 26 1/10
process hearing on the grounds of race, color, religion, national
origin, gender or disability against Subrecipient or any of its
contractors or subcontractors being funded with Grant Funds, the
Subrecipient will forward a copy of the finding to the City and the
Office of Civil Rights, Office of Justice Programs.
10. Environmental
a. Subrecipient shall comply, or has already complied', with the
requirements of Titles (Land III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. §4601 et seq. [P.L.-91-646]) which provide for fair and
equitable treatment of persons displaced or whose property is
acquired as a result of Federal or Federally -assisted programs.
These requirements apply to all interests in real property acquired
for project purposes regardless of Federal participationin
purchases. Subrecipient shall also comply with Title 44 CFR, Part
25, Uniform Relocation Assistance and Real Property Acquisition
for Federal and Federally -assisted programs.
b. Subrecipient shall comply with, and provide any information
requested by DHS/FEMA/CaIEMA to ensure compliance with, the
following laws: (a) institution of environmental quality control
measures under the National Environmental Policy Act of'1969
(P.L. 91-190) and Executive Orders (EO) 11514 and 12898; (b)
notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance
of project consistency with the approved State management
program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f)'conformity of Federal actions
to State (Clean Air) Implementation Plans under Section 176(c) of
the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.)
(g) protection of underground sources of drinking water under the
Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h)
protection of endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93205); and (i) the flood insurance
purchase requirements of the Flood Disaster Protection Act of 1973
§102(a) (P.L. 93-234) which requires recipients of Federal funds 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 ten thousand dollars ($10,000) or more.
c. Subrecipient shall comply with all applicable Federal, State, and
local environmental and historical preservation.(EHP) requirements.
Failure to meet Federal, State, and local`EHP requirements and
obtain applicable permits may jeopardize Federal funding.
UAS109 Subrecipient Agreement 27 1/10
Subrecipient will comply with all conditions placed on any project as
the result of the EHP review, and any change to the scope of work
of a project will require re-evaluation of compliance with these EHP
requirements. Subrecipient agrees not undertake any project
having the potential to impact the EHP resources without prior
writterrapproval of City and DHSIFEMAICalEMA, including, but not
limited to, communications towers, physical security_
enhancements, new construction and modifications to buildings that
are fifty (50) years old or more. Any construction related activities
initiated prior to full EHP review will result in a noncompliance
finding. If ground' -disturbing activities occur during the project
Implementation, the Subrecipient must ensure monitoring of the
disturbance. If any potential archaeological resources are
discovered-, the Subrecipient will immediately cease activity in that
area and notify the City and DHS/FEMA/CaIEMA and the
appropriate State Historic Preservation Office.
d. Subreci-pient shall 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.
e. Subrecipient shall comply, if applicable, with the Lead -Based Pant
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
f. Subrecipient shall comply with the Federal Water Pollution Control
Act (33 U.S.C. § 1251 et seq.) which restores and maintains the
chemical, physical and biological integrity of the Nation's waters.
g. Subrecipient shall ensure that the facilities under its ownership,
lease or supervision which shall be utilized in the accomplishment
of Subrecipient's projects are not on the Environmental Protection
Agency's (EPA) List of Violating Facilities, and it will notify the City
and DHS/FEMA/CaIEMA 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.
h. Subrecipient is, and shall be in compliance with the California
Environmental Quality Act (CEQA), Public Resources Code §21000
et seq. and California Code of Regulations, Title 14, Chapter 3
Section 15000-15007, and is not impacting' the.environment
negatively.
UASI 09 SubredpientAgreement 28 1/10
Subrecipient shall comply with the Energy Policy and Conservation
Act (P.L. 94-163, 89 Stat. 871).
Subrecipient shall comply with applicable provisions of the Coastal
Barrier Resources Act (P.L. 97-348)dated October 19, 1982 (16
U.S.C. 3501 et seq.) which prohibits the expenditure. of most new
Federal funds within the units of the Coastal Barrier Resources
System.
11. Preservation
Subrecipient shall comply with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the -
Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1 et seq.).
12. Suspension and Debarment
Subrecipient shall comply with Federal Register,' Volume 68
Number 228, regarding Suspension and Debarment, and
Subrecipient shall submit a .Certification Regarding Debarment
required by Executive Order 12549 and any amendment thereto
(attached hereto as Exhibit Band made a part hereof). Said
Certification shall be submitted to the City concurrent with the
execution of this Agreement and shall certify that neither
Subrecipient nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department
head or agency. Subrecipient 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.
Subrecipient shall not make any award or permit any award
(subcontract 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."
13. Drug -Free Workplace
Subrecipient shall comply with the Federal Drug -Free Workplace
Act of 1988, 41 U.S.C. §701 et. seq., 28 CFR Part 67, and the
California Drug -Free Workplace Act of 1990, Government Code §§`.
8350-8357. Subrecipient shall execute and submit to the City
concurrent with the execution of this Agreement the Certification
Regarding Drug Free Workplace Requirements attached hereto as
Exhibit and made a part hereof.
UASI 09"Subrecipient Agreement 29 1/10
14. Miscellaneous
Subrecipient shall comply, if applicable, with the Laboratory Animal
Welfare Act of 1966, as amended (P.L. 89-544, 7 U.S.C. §§2131 et
seq.), pertaining to the care, handling and treatment of warm
blooded animal`sheld for research, teaching, or other activities
supported by these Grant Funds, Pursuant to the Consolidated
Appropriations Act of 2008 (P.L. 110-161) grant funds must not be
used in contravention of -the federal buildings performance and
reporting requirements of Executive Order No. 13123, part 3 of Title
V of the National. Energy Conservation Policy Act (42U.S.C. 8251
et seq.) or subtitle A of Title I`of the Energy Policy Act. of 2005
(including the amendments made thereby), nor shall Grant Funds
be used in contravention of section 303 of the Energy Policy Act, of
1992 (42 U.S.C. 13212).
B. Statutes and Regulations Applicable To This Particular Grant
Subrecipient shall 'comply with all applicable requirements of state and federal
laws, executive orders, regulations, program and administrative requirements,
policies and any other requirements governing this particular Grant program.
Subrecipient shall comply with new, amended, or revised laws, regulations,
and/or procedures that apply to the performance of this Agreement. These
requirements include, but are not limited to:
1. Title 28 Code of Federal Regulations (CFR) Parts 66 and 70; EO
12372; Current edition of the OJR Financial Guide (M7100.1);
Current edition of the DHS Financial Management Guide; U.S.
Department of Homeland Security, Office of State and Local
Government Coordination and Preparedness, Office for Domestic
Preparedness, Urban Areas Security Initiative Grant Program Il;
ODP WMD Training Course Catalogue; and ,DOJ Office for Civil
Rights Regulations; Title 2 CFR-Parts 215,'225; 220, and 230; Title
44 CFR, including part 13; Federal Acquisition` Regulations (FAR),''
Part 31.2 Contract Cost Principles and Procedures, Contracts with
Commercial Organizations; DHS 09 Guidance; CalEMA 09
Supplement; CaIEMA 09 Grant Assurances (attached hereto as
Exhibit E); DHS Information Bulletins; and GMMs.
2. 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.
UASI 09 Subrecipient Agreement 30 1/10
C. Travel Expenses
Subrecipient as provided herein shall be compensated for reasonable travel
expenses incurred in the performance of this Agreement, to include travel and
per diem, unless otherwise expressed. Subrecipient's total travel for in -State
and/or out -of -State and per diem costs shall be included in the contract
budget(s). All travel including out -of -State travel not included in the budget(s)
shall. not be reimbursed without prior written authorization from the Mayor's
Office.
Subrecipient's travel and per diem reimbursement costs shall be reimbursed in
accordance with City policy, Subrecipient's policies and procedures, and federal
rules and regulations regarding this Grant,
D. Noncompliance
Subrecipient understands that failure to comply with any of the above. assurances
or the Grant Assurances (as hereinafter defined) may result in suspension,
termination or reduction of Grant Funds, and repayment by Subrecipient to City
of any unlawful expenditures.
E. 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 E. By signing these
Grant Assurances, the City became liable to the Grantor for any funds that are
used in violation of the Grant requirements. Subrecipient shall be liable to the
Grantor for any funds the Grantor determines that Subrecipient used in violation
of theseGrant Assurances. Subrecipient shall indemnify and hold harmless the
City for any sums the Grantor determines Subrecipient used in violation of the
Grant Assurances. The provisions of this paragraph shall survive termination of
this Agreement.
§416. Federal, State and Local Taxes
Federal, State and local taxes shall be the responsibility of Subrecipient as an
independent party and not as a City employee.
§417. Inventions, Patents and Copyrights
A. Reportinq Procedure for Inventions
If any project of Subrecipient funded under this Agreement produces any
invention or discovery ("Invention") patentable or otherwise' under Title 35 of the
U.S. Code, including, without limitation, 'processes and business methods made
in the course of work under this Agreement, Subrecipient shall report the fact and
UASI 09 Subreciplent Agreement 31 1/10
disclose the Invention promptly and fully to the City. The City shall report the fact
and disclose the Invention to the Grantor/FEMA/CalEMA . Unless there is a prior
agreement between the City and Grantor/FEMA/CaIEMA , Grantor/FEMA/
CalEMA shall determine whether to seek protection on the Invention.
Grantor/FEMA/CaIEMA shall determine how the rights in the Invention, including
rights under any patent issued thereon, will be allocated and administered in
order to protect the public interest consistent with the policy ("Policy") embodied
in the Federal Acquisition Regulations -System, which is based on Ch. 18 of Title
35 U.S.C. Sections 200 et seq. (Pub. L. 95-517, Pub. L. 98-620, 37 C.FR part
401); Presidential Memorandum on Government Patent Policy to the Heads of
the Executive" Departments and Agencies; dated 2/18/1983); and Executive
Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended
by Executive Order 12618, 12/22/87, 52 FIR 48661, 3 CFR, 1987Comp., p. 262).
Subrecipient hereby agrees -to be bound by the Policy, will contractually require
its personnel to be;bound by the Policy, and will consult with
Grantor/FEMA/CalEMA regarding allocation of any patent rights that arise from,
or are purchased with, Grant Funds.'
B. Rights to Use Inventions
City and Grantor/FEMA/CaIEMA shall have an unencumbered right, and a non-
exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon,
and allow others to do so -for all government purposes, any Invention developed
under this Agreement.
C. Copyright Policy
1. Unless otherwise provided by the terms of the Grantor/FEMA or of
this Agreement, whencopyrightable material ("Material") is
developed under this Agreement, the author, the City or
Grantor/FEMA, at Grantor/FEMA and City's discretion, may
copyright the Material. If the Grantor/FEMA and City decline to
copyright the Material, the Grantor/FEMA and City shall have an
unencumbered right, and a non -exclusive, -irrevocable, royalty -free
license, to use, manufacture, improve upon, and allow others to do
so for all government purposes, any Material developed under this
Agreement.
2. Grantor/FEMA shall have an unencumbered right, and a non-
exclusive, irrevocable, royalty -free license, to manufacture, improve
upon, reproduce, publish, or otherwise use, and authorize others to
use, for Federal government purposes: (a) any Material developed
under this Agreement and (b) any rights of copyright to which
Subrecipient purchases ownership with Grant Funds.
3. Contractor shall comply with 24 CFR 85.34.
UASI 09 Subrecipient Agreement 32 1/10
D. Rights to Data
The Grantor and the City shall have unlimited rights or copyright license to any.
data first produced or delivered under this Agreement. "Unlimited rights" means
the right to use, disclose, ;reproduce, prepare derivative works, distribute copies
to the, public, and perform and display publicly, or permit others to do so; as
required by 48 CFR 27.401. Where the data are not first produced under this
Agreement or are published copyrighted data with the notice of 17 U.S.C.
Section 401 or 402, the Grantor acquires the data under a copyright license as
set forth in 48 CFR-27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)).
E. >Obligations Binding on Subcontractors
Subrecipient shall require all its contractors and subcontractors funded by Grant
Funds to comply with the obligations of this section by incorporating the terms of
this section into all contracts and subcontracts,
§418.. Living Wage Ordinance ServiceContractor Worker Retention and Living Wage
Policy
This section is not applicable to this contract, and is intentionally left blank.
§419. Earned Income Tax Credit
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of Section 10.37.4 of the Los Angeles Administrative Code:'
§420. Equal Benefits Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of Section 10.37.4 of the Los Angeles Administrative Code.
§421.Contractor Responsibility Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the provisions of the Contractor Responsibility Ordinance (CRO), Section 10.40
et seg., of Article 14, Chapter 1 of Division 10 of the .Los Angeles Administrative
Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the Slavery Disclosure Ordinance, Section 10,41 of the Los Angeles
Administrative Code.
UASI 09 Subreciplent Agreement 33 1/10
§423. Child Support Assignment Orders
Under the terms of this Agreement, Subrecipient is exempt from compliance with
the Child Support Assignment Orders Ordinance, Section 10.10 of the Los
Angeles Administrative Code. Subrecipient shall comply with California Family
Code Sectiorr 5230 et seq. as applicable.
§424. Minority, Women. and Other Business Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all Contractor contracts, including
procurement, construction and personal services. Subrecipient agrees that, to
the extent contractors -or- subcontractors are utilized; Subrecipient shall use small,
minority, women -owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
§425. Publications
All publications created or published with funding under this Grant shall
prominently contain the following statement! "This document was prepared
under a grant from FEMA's Grant Programs Directorate, U.S. Department of
Homeland Security.. Points of`view or opinions expressed in this document are
those of the authors and do not necessarily represent the official position or
policies of FEMA's Grant Programs Directorate or the U.S. Department of
Homeland Security."
UASI 09 Su brecipient Agreement 34 1/10
V.
DEFAULTS, SUSPENSION, TERMINATION AND AMENDMENTS
§501. Defaults
Should Subrecipient 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.)
§503. (This section intentionally left blank.)
§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 Subrecipient, and any increase or decrease in the amount of
compensation/allocation which are agreed to by the City and Subrecipient shall
be incorporated into this Agreement by a written amendment properly executed
and signed by the person authorized to bind the parties thereto.
Subrecipient agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
UASI 09 Subrecipient Agreement 35 1/10
vi,
ENTIRE AGREEMENT
§601. Complete Agreement
This Agreement contains the full and complete Agreement between the two
parties. Neither 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 thirty seven (37) pages and
eighteen (18) Exhibits which constitute the entire understanding and agreement
of the parties.
UASI 09 Subrecipient Agreement 36 1/10
IN WITNESS WHEREOF, the City and Subrecipient have caused this Agreement to
be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:_
For:
THE CITY OF LOS ANGELES
CARMEN A.'TRUTANICH, City Attorney
-
ANTONIO R. VILLARAIGOSA, Mayor
By
Deputy City Attorney
By
Antonio R. Villaraigosa, Mayor
Date
Homeland Security and
Date
Public Safety, Mayor's Office
ATTEST:
JUNE LAGMAY, City Clerk
By
Deputy City Clerk
Date
APPROV AS TO FORM:
For:
City of Vernon
.
a municipal corporation i
By 6 .
rd Yamaguch
City or
Byc�Interim
Hilario Gonzales', -Mayor
Date .
-
Date
ATTEST:
[SEAL]
By .
Cit Cler Will r G. aguchi
Date 3 - 7 ,Cj
City Business License Number
Internal Revenue Service ID Number:
Council File/OARS File Number: Date of Approval
City Contract Number
UASI 09 Subrecipient Agreement 3 1 /10
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 trransaction," "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,
S, 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 Rinds 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 coveredtransactionsand 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 S 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 pursueavailable
remedies, including suspension and/or debarment.
EXHIBIT B
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, 44 CFR Part 17, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION; BEFORE COMPLETING)
I . The prospective recipient (or subrecipient) of Federal assistance funds certifies that it or its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from
covered transactions by any, Federal department or agency;
(b) Have not within a three-year period preceding this, Agreement been convicted of or had a
civil j udgment rendered against them for commission of fraud or a criminal offense an
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlemient, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph
1(b) of this certification; and
(d) Have not within a three-year period preceding this Agreement had one or more public
transactions (Federal, State, or local) terminated for cause or default.
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.
AGREEMENTNUMBER
City of Vernon
REG1 1-T/SUBRECIPIENT/
Mark Whitworth, City Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGN TURF DATE
ATTE T:
Willard G. Yama uchi i y C e k
EXHIBIT C
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 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 cooperativeagreement.
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 subawardsat 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 penaltyof not
less that $10,000 and not more than $100,000 for each'such failure.
AGREEMENT NUMBER
City of Vernon
SUBRECIPIENV -
Mark Whitworth city Administrator
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIG ATURE DATE
AT ST:
Wi• lard G. a uch , City Clerk
CERTIFICATIONREGARDING DRUG FREE WORKPLACE ACT REQUIREMENT'S
(Capitalized terms herein shall have those meanings set forth in the Agreement to which this Certification
is attached as an Exhibit)
The Subrecipient certifies that it will or will continue to provide a drug -free workplace, in accordance with
the federal Drug -Free Workplace Act of 1988 (41 U.S.C. 701 et seq., 28 CFR Part 67; and the California
Drug -Free Workplace Act of 1990, Government Code §§ 8350-8357, by:
L _ Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Subrecipient's workplace and
specifying the actions that will be taken against employees for violation of such prohibition.
2. Establishing an on -going drug -free awareness program to inform employees about:
a, The dangers of drug abuse in the workplace;
b. The Subrecipient's policy of maintaining a drug-freeworkplace;
c. Any available drug counseling, rehabilitation and employee assistance programs; and
"d. The penalties that may be imposed' upon employees for drug abuse violations occurring in the
workplace,
3. Making it a requirement that each employee to be engaged in the performance of the program be given
a copy, of the statement required by paragraph 1. above.
4. Notifying the employee in the statement required by paragraph 1. that, as a condition of employment
under the Grant program,. the employee will:
a. Abide by the terms of the statement, and
b. Notify the Subrecipient in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction.
5. Notifying the City and Grantor, in writing, within 10 calendar days after receiving notice under
subparagraph 4. b. from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to:
Department of Justice, Office of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C, 20531
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4.b. with respect to any employee who is so convicted:
a. Taking appropriate personnel action ;against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
b. Requiringsuch employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a' Federal, State, or local health,' law enforcement, or
other appropriate agency.
7. Making,a good faith effort to continue to maintain a drug -free workplace through implementation of
She provisions of this certification.
City of Vernori AGREEMENT#
SUBRECIPIENT
Mark Whitworth, City Administrator
NAME AND TITLE OF AU HORIZED PRESENTAATIVE
SIGN4JURE DATE
A T.
Wi lard G. a g chi, C ,t:y Clerk
California Emergency Management Agency
FY09 Grant Assurances
(All HSOP Applicants)
Name of Applicant: Los ftn j::!j-e.r IL-On3. 6—e . bk'Y6'4.f) AYT-°-
Address• 'da b' AJ 0 r11 S Y ,t s tr, :4 , "arn 313
City: l.� s d'�Y1 - f' State: C- Zip Code. 0 01 T
Telephone Number: "Fax Number: " l 7 — 'dl
E-Mail Address: h n 1 a CA • 0
As the duly authorized representative of the applicant, ,I certify that the applicant named above:
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 grant provided
by the U.S. Department of Homeland Security (DIXS)/1~ ederal Emergency Management Agency
(P MA) and sub -granted through the State of California, Califomia Emergency Management
Agency (Cal Etvl'.A.).
2. Will assure that -grant funds are used for allowable,'fair, and reasonable costs only and will not
be transferred between programs (State Homeland Security Program, Urban Area Security
Initiative, Citizen Corps Program:, and Metropolitan Medical Response System) or fiscal years,
3. Will comply with any cost sharing commitments included in the F Y09 Investment Justifications
submitted to DHS/FEMA/Cal BMA, where applicable.
4. Will give the Federal government, the General .Accounting Office, the Comptroller General of
the United States, the State of California, through any authorized representative, access to, and
the right to examine, all paper or electronic records, books, or documents related to the'award;
and will establish a proper accounting system In accordance with generally accepted accounting
standards and/or awarding agency directives.'
S. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of baseline
level of capability as def nod'by the Fusion Capability Planning Tool,
G. Will provide progress report's, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -Five) days of
the award, and update via the Grant Reporting Tool (GRT) twice each year.
7, Will initiate and complete the work within the applicable time frame after receipt of approval
from Cal EMA.
Page 1 Initials
8. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
9. Will comply with all provisions of UHS/1a13MA!s codified regulation 44, including Part 13,
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, including the payment of interest earned on advances.
10. 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
personalgain for themselves or others, particularly those with whom: they have family, business,
or other ties.
11. Agrees that, to the extent contractors or subcontractors are utilized, grantees and subgrantees
shall use small, minority, women -owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
12, Will notify Cal EMA of any developments that have a significant impact on award -supported
activities, including changes to ley program staff.
13. Will comply; if applicable, with the tread. -Based Paint Poisoning Prevention Act (42 C.S.C. §§
4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
rosidence structures.
14. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of
government, without the express prior written approval from UH5/FEMA/Cal EMA.'
15. Will comply with all Federal Statues relating to Civil Rights and 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 lX of the Education Amendments of I972, as amended (20 U.S.C, §§ 1681-1683
and 1685-1696), which prohibits discrimination on the basis of gender,
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.G. § 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 Offico and Treatment Act of 1972 (PI. 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 0£ the Public Health Service Act of 1912 (42 U.S.C. 290 dd 3 and 290
eew3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42' U.S.C. § 3601 et seq), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
1. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to
nondiscrimination.
Page 2 Initiai
j. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application for Federal assistance is being made,
k. Will, in the event that 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, gender, 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.
1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
in. Will comply, and assure the compliance of all Its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Once of Justice Prog'rams Financial and Administrative Guide for Grants, M7100.1.
1.6, Will comply with the requirements -of Titles Hand 111 of the Uniform Relocation. Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. .[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. Will
also connply with Title 44 CFR, Part 25 Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally -assisted programs.
17. 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
Hood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
18. Will comply with all applicable Federal, State, and Local environmental and historical
preservation (9HP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize federal funding. Will comply with all conditions
placed on any project as the result of the EI.1P review; any change the scope of work of a
project will require reevaluation' of compliance with these E14P requirements.
19. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval ofDDS/FEMA /Cal BMA, including, but not limited to, communications
towers, physical security enhancements, new construction and modifications to buildings that are
fifty (50) years old or more. Any construction related activities initiated prior to full EHP'review
will result in a noncompliance` finding. If ground -disturbing activities occur during the project
implementation, the recipient must ensure monitoring of the disturbance. If any potential
archeological resources are discovered, the recipient will immediately cease activity in that area
and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation' Office.
20. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized In
the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs)
List oaf Violating Facilities, and will notify Cal EMA and the federal Grantor.agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating if a facility to be used in the project is under consideration for listing by the EPA.
21. Will provide any information requested by DHS/FE:MA/Cal EMA to ensure compliance with
applicable laws, Including the following:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered. Species Act, and Executive Orders on=Floodplains
(11988), Wetlands.(I 1990) and Environmental Justice (EO12898) and Environmental
Quality (EO11514).
b. Notification of violating facilities pursuant to E011738.
c. 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 $eq.).
d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c)-ofthe Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.)
e. Protection of underground sources of drinking water -under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93»523).
f California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. 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,
h. Applicable provisions of the Coastal Barrier Resources Act (1'I. 97-348) dated October
�9 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most now Federal
funds within the units of the Coastal Barrier Resources System,
22. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2,
Section 8607.1(e) "and CCR Title 19, Sections 2445, 2446, 2447, and 2448. "
23. Agrees that all publications created or published with funding under this grant shall prominently
contain the following statement: "This document was prepared under a grant from FEMA's
Grant Program .Directorate, U.S, Department of Homeland Security. Points of view or opinions
expressed in this document are those of the authors and do not necessarily represent the official
position or policies of li'EMA's Grant Programs Directorate or the U..S Depariment of
Homeland Security. The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as follows: "Purchased with funds provided by
the US Department ofHomelandSecurity.,
24. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, for federal government
purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights
of copyright to which a recipient or sub -recipient purchases ownership with Federal support.
25. The recipient agrees to consult with DHS/FEMAJCal EMA regarding the allocation of any patent
rights that arise from, or are purchased with, this funding.
26, Has requested through the State of California, Federal financial assistance to be used to perform
eligible work approved in the submitted application for Federal assistance and after the receipt of
Federal financial assistance, through the State of California, agrees 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.
Page 4 Initials.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reductioa 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.
27. 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).
28, Will comply with provisions ofthe 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.
29• Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved
in research, development, and related activities supported by this award of assistance.
30. 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.
31. 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.
32. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a
to 276a4), 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 sub -agreements.
33. 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, 1f 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 Forth 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
Page 5 Tniti is
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.
34. Agrees that g equipment acquired or obtained with grout funds:.
a, Will be made available pursuant to applicable terms of 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, 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'.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy,
35. Agrees that binds awarded under this grant will be used to supplement existing funds for
program activities, and will not supplant (replace) non -Federal funds.
36. Will comply with, all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements. Will also comply with
Title 28, Code of Federal Regulations, Parts 66 and 70,.that govern the application, acceptance
and use of Pederal funds for Federally assisted projects.
37. Will comply with Subtitle A, Title Ii of the Americans• with Disabilities Act (ADA)1990.
38. Agrees to cooperate with any assessments, national evaluation efforts, or information or data
collection requests, Including, but not limited to, the provision of any Information required for
the assessment or evaluation of any activities within this agreement.
39. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations (OMB Circular A-1`10); Part 225 Cost Principles for State, Local
and Indian Tribal Governments (OMB" Circular A-87);_Pm t 220 Cost principles for Educational
Institutions (OMB Circular A-21); Fart 230 Cost Principles for Non -Profit Organizations (OMB
Circular A-122).
40. Will comply with Federal Acquisition Regulations (PAR), part 31.2 Contract Cost Princlples and
Procedures, Contracts with Commercial Organizations,
41. Will comply with the i;inaneial and administrative requirements set forth in the current edition of
the Office of Justice Programs (OJP) Financial Guide and the current DHS Financial
Management Guide.
42. Agrees that all allocations and use of funds under this grant will be in accordance with the FY
2009 Homeland' Security Grant Program. Guidance and Application Kit, and the California
Supplement to the FY 2009 Homeland Security Grant Program Guidance and Application Kit,
All allocations and,use of funds under this grant will be in accordance with the Allocations, and
use of.grant binding must support the goals and objectives included in the State and/or Urban
Page 6' Initl
Area Homeland Security Strategies as well as the investments identified in the Investment
Justifications which were submitted as part of the California FY2009 Homeland Security Grant
Program application. Further, use of PY09 funds is limited to those investments included in the
California 1+Y09 Investment Justifications submitted to DHS/FE"Caf EM,A and. evaluated
through the peer review process.
.43. 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".
44. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR'
Part 17, for prospective participants in primary covered transactions,
a. .The applicant certifies that it and its prinoipals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of Federal benefits by a State or Foderal court, or
voluntarily excluded from covered transactions by any Federal department or
agency;
ii. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining; attempting to obtain, -or performing
a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or Stale antitrust statutes or commission of
embezzlement, ,theft, forgery, bribery, falsification or destruction of records
making false statements, or receiving stolen property.
iii. Are not presently indicted for or otherwise criminally or civilly charged .by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1)(b) of this certification; and have not within
a three-year period preceding this application had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
b. Where the applicant is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
45. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will
continue to provide a drug -free workplace by;
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition.
b. Establishing an on -going drug -free awareness program to inform employees about:
I. The dangers of drug abuse In the workplace;
ii. The grantee's policy of maintaining a drug-frde workplace;
iii. Any available drug Counseling, rehabilitation,. and employee assistance programs;
and
lv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the Performance of the
grant be given a copy of the statement required by paragraph (a).
Page 7 Xntit
d. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
i. Abide by the terms of the statement; and
ii. Notify the employer in writing of his or her conviction for violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction.
e. Notifying the agency, in writing, within 10 calendar days after receiving notice under
subparagraph (d)(2), from an employee or otherwise receiving actualnotice of such
conviction. Employers of convicted employees must provide notice, including position
title, to
Department of Justice, Office of Justice Programs
ATTN: Control ?desk'
633 Indiana Avenue, N.W.
Washington, D:C., 20531
Notice shall Include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
I. Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purpo4os by a Federal, State, or local
health, law enforcement, or other appropriate agency.
g. Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (a), (d), (a), and (0,
46, 'Wift 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,
47. Understands that failure to comply with any of the above assurahces 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 Agent:
Printed Name of Authorized Ag nt: ofVK4 �
Title: ifs t�4 �,�/ Date: LlY
If
Page 8 [nitial'
D. Intergovernmental Review
Executive Order 12372 requires; applicants from State and local units of government or
other organizations providing services within a State to submit_a copy of the application
to the State Single Point of Contact (SPOC) if one exists, and if this program has been
selected for 'review 'by the State. Applicants must contact their State SPOC to
determine if the program has been selected for State review. Executive Order 12372
can be referenced at httallwww.archives, Qy/federal-register/codificationlexecutive-
orderlf23T2,html: The names and addresses of the SPOCs are listed on OA4B's.home
page available at; hftp://www.whitehouse.govlomblarants/spoc.html.
E. Funding Restrictions
The applicable SAAs will be responsible for administration of the FY 2009 HSGP. In
administering the program, the SAA must work with the eligible applicants to comply
with the following general requirements;
1. HSGP Priorities Threshold. As noted before, FY 2009 HSGP will focus on six
objectives as its highest priorities, of which at least 25 percent of HSGP funds must_
be dedicated to Strengthening Preparedness Planning.
2. Law Enforcement Terrorism Prevention, Per the 9/11 Act and Consolidated
Security., Disaster Assistance, and Continuing Appropriations Act of 2009 (Public
Law 110-329), FY 2009 HSGP will not contain a separate line -item Law
Enforcement Terrorism Prevention Program (LETPP), However, States are still
required to ensure that at least 25 percent of their SHSP award funds and 25
percent of their UASI award funds are dedicated towards law enforcement terrorism
prevention -oriented planning, organization, training, exercise, and equipment
activities
- 3. Management and Administration (M&A) Limits. A maximum of up to three
percent (3%) of funds awarded may be retained by State, and any funds retained
are to be used solely for management and administrative purposes associated with
the HSGP award. States may pass through a portion of the State M&A allocation to.
local subgrantees to support local management and administration activities; the
overall subgrantee M&A amount may not equal more than three percent (3%).
4. Allowable Costs, A crosswalk of allowable costs across the HSGP programs can
be found in Part VIII of this Guidance package, along with additional detail on
Planning, Equipment, Training, and Exercises costs, The following pages outline.
global allowable costs guidance applicable to all programs included in the HSGP,
Allowable Investments made in support of the HSGP Priorities as well as other
capability -enhancing projects must fall into the categories of Planning, Organization,
Equipment, Training, or Exercises, Additional detail about each of these allowable
expense categories, as well as sections on additional activities including explicitly
unallowable costs is provided. In general, granteesshould consult their FEMA
34
Program Analyst prior to making any Investment that does not clearly meet the
allowable expense criteria established by the guidance.
Planning Activities
States and Urban Areas are strongly encouraged to use FY 2009 HSGP funds for
planning efforts that enable them to prioritize needs, build capabilities, update
preparedness strategies, allocate resources, and deliver preparedness programs
across disciplines (e.g., law enforcement, fire, emergency medical service (EMS),
public health, behavioral health; public works, agriculture, and Information
technology) and levels of government. Planning activities should focus on the four
homeland security mission areas of prevention, protection, response, and recovery.
All jurisdictions are encouraged to work through Citizen Corps Councils,
nongovernmental entities, and the general public in planning activities.3
Organizational Activities (SHSP and UASi only)
Section 2008 of the Homeland Security Act, as amended by the 9111 Act, includes
the following allowable activities:
• Responding to an increase in the threat level under the Homeland Security
Advisory System, or needs resulting from a National Special Security Event
• Establishing, enhancing, and staffing State, local, and regional fusion centers
• Paying salaries and benefits for personnel to serve as qualified intelligence
analysts
States and Urban Areas must justify proposed expenditures of SHSP or UASI funds
to support organization activities within their Investment Justification submission by
using historical data or other 'analysis .4 All States -are allowed to utilize up to 50.
percent of their FY 2009 SHSP funding and all Urban Areas are allowed up to 50
percent of their FY 2009 UAS1 funding for Organizational activities. At the request
of a recipient of a grant, the Administrator may grant a waiver of the limitation noted
above (50 percent).`
• Overtime Costs -- Overtime costs are allowable for personnel td participate in
Information, investigative, and intelligence sharing activities specifically related to
homeland security and specifically requested by a Federal agency. Allowable
costs are limited to overtime associated with Federally requested participation In
eligible fusion activities including anti -terrorism task forces, Joint Terrorism Task
Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime'
Transportation Security Act of 2002), DHS Border Enforcement Security Task
3 Nongovernmental entitles Include the private sector and private nonprofit, faith based, community, volunteer and other
nongovernmental organizations,
4 The effectiveness of a request for the use of funds for allowable organizational costs will be judged on the Investment Justification
to illustrate the need for such resources to effectively achieve a capability that will have a meaningful Impact In the reduction of Oak.
Note: Both organizational' costs (e.g., Intel analysts, operational overtime) Md planning, equipment, training, exercise personnel
costs are applied towards the 50 percent personnel cap.
35
Forces, and Integrated Barden Enforcement Teams. Tribes must submit to DHS
a written letter from a Federal agency which explicitly requests tribal staff
participation in an eligible activity or illustrates how the activities support the roles
and responsibilities of fusion centers as noted.in Appendix 1 of the National
Strategy for Information Sharing and provides an estimate of the size of the
request in man-hours. Grant funding can only be used in proportion to the
Federal man-hour estimate, and only after funding for these activities from other
Federal sources (i.e. FBI.JTTF payments to State and local agencies) has been
exhausted. Under no circumstances should DHS grant funding be used to pay
for costs already supported by funding from another Federal source.
• Intelligence Analysts — Per the Personnel Reimbursement for Intelligence
Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law
110-412)1:.SHS.P and UASI funds may be used to hire new staff and/or contractor
positions to serve as intelligence analysts to enable information/intelligence
sharing -capabilities, as well as support existing intelligence analysts previously
covered by SHSP.or UASI funding. In order to be hired as an intelligence
analyst, staff and/or contractor personnel must meet at least one of the following
criteria:
o Successfully complete training to ensure baseline proficiency in intelligence
analysis and production within six months of being hired; and/or,
o Previously. served as an intelligence` analyst for a minimum of two years
either in a Federal intelligence agency, the military, or State and/or local law
enforcement intelligence unit
All intelligence analyst training should be in accordance with Global's Minimum
Criminal intelligence Training Standards for Law Enforcement and Other Criminal
Justice Agencies in the United States, which outlines the minimum categories of
training needed for intelligence analysts. These include subject -matter expertise,
analytic methodologies, customer -service ethics, information handling and
processing skills, critical thinking skills, computer literacy, and objectivity and
Intellectual honesty. A certificate of completion of such training must be on file
with the tribe and must be made available to FEMA Program Analysts upon
request.
• Operational Overtime Costs, In support of efforts to enhance capabilities for
detecting, deterring, disrupting, and preventing acts of terrorism, operational
overtime costs are allowable for increased security measures at critical
infrastructure sites during DHS-declared periods of Orange or Red threat levels.
Subject to these eievated'threat level conditions, FY 2009 SHSP or UASI funds
for organizational costs maybe used to support select operational expenses
associated with increased security measures at critical infrastructure sites in the
following authorized categories:
36
• Backfill and: overtime expenses (as definedin this guidance) for staffing
State or local fusion centers
• Hiring of contracted security for critical infrastructure sites
• Public safety overtime (as defined in this guidance)
National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard
deployment package
• Increased border security activities in coordination with US Customs and
Border Protection' (CBP), as outlined in Information Bulletin #135
Consumable costs, such as fuel expenses, are not allowed except as part of the
standard National Guard deployment package.
Note: States with UASI jurisdictions can use funds retained at the State level to
reimburse eligible operational overtime expenses incurred by the State (per the
above guidance limitations and up to a maximum of 50 percent of the State share
of the UASI grant) Any UASI funds retained by the State must be used in direct'
support of the Urban Area. States must provide documentation to the UAWG
and FEMA upon request demonstrating how any UASI funds retained by the
State would directly support the Urban Area.
Equipment Activities
The 21 allowable prevention, protection, response, and recovery equipment
categories and equipment standards for FY 2009 HSGP are listed on the web -based
version of the Authorized Equipment List (AEL) on the Responder Knowledge Base
(RKB), at htt s�.1Www.rkb;us. The Standardized Equipment list (SEL) is located on
this site as well In some cases, items on the SEL are not allowable under HSGP or
will not be eligible for purchase unless specific conditions are met.
Unless otherwise stated, equipment must meet all mandatory regulatory and/or
DHS-adopted standards to be eligible for purchase using these funds. .In addition,
agencies will be responsible for obtaining and maintaining all necessary
certifications and licenses for the requested equipment.
Training Activities
States, territories, and Urban Areas are strongly encouraged to use HSGP funds to
develop a State/territory homeland security training program. Allowable training -
related costs under HSGP include the establishment, support, conduct, and
attendance of training specifically identified under the SHSP, UASI, MMRS, and
CCP grant programs. Allowable training topics include, but are not limited to,
CBRNE terrorism, cyber/agriculture/food 'security, intelligence gathering and
analysis, NIMS related training, citizen and community preparedness, and training
for volunteers.
Training conducted using HSGP funds should address a performance gap identified
through an After Action Repo rttlmprovement Plan (AARIIP) or contribute to building
37
a capability that will be evaluated through an exercise. Exercisesshould be used to
provide the opportunity to demonstrate and validate skills learned in training, as well
as to identify training gaps. Any training or training gaps should be identified in the
AAR/IP and addressed in the State or Urban Area training cycle.: All training and
exercises conducted with HSGP funds should support the development' and testing
of the jurisdiction's Emergency Operations Plan (EOP) or specific annexes, where
applicable.
Exercise Activities
Exercises conducted with FEMA support must be managed and executed in
accordance with the Homeland Security' Exercise and Evaluation Program (HSEEP).
HSEEP Volumes One, Two, and Three contain guidance for exercisie design,
development, conduct, evaluation, and improvement planning. HSEEP Volume Four
provides sample exercise materials, and HSEEP Volume Five: Prevention Exercises
containsguidance and recommendations for designing, developing, conducting, and
evaluating prevention focused exercises. All volumes can be found at
htta://hseep, dhs.gov.
All exercises using HSGP funding must be NIMS compliant. More information is
available online at the NIMS Integration Canter,
http://www fema gov/emorgency/rrims/index shun
All Urban Areas,are required to develop a Multi -year Training and Exercise Plan and
submit it to FEMA on an annual basis. This plan must tie into the Multi -year Training
and Exercise Plan developed by the State and aligns with the Urban Area Homeland
Security Strategy. Further, Urban Areas are encouraged to develop a Multi -year
Plan and Schedule that takes into consideration anticipated training needs of the
Urban Area for at least the immediate year, with exercises being timed to provide
responders the opportunity to utilize training received. Further guidance concerning
Training and Exercise Plan Workshops can be found in the HSEEP Volumes.
Urban Areas are eligible to.'apply for exercise direct support, but must do so in
coordination with the SAA. Direct support exercises' provided to Urban Areas will
count against the amount of direct support allotted to the State for FY 2009.
Personnel Activities
Personnel hiring, overtime, and backfill expenses are permitted under this grant in
order to perform allowable.FY 2009 HSGP planning, training, exercise, and
equipment activities.
• A personnel cap of up to 50 percent of total program funds may be used for
personnel and personnel -related activities as directed by the Personnel
Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of
Homeland Security Act (Public Law 110-412). Grantees who wish to seek a
waiver from the personnel cap must provide documentation explaining why the
cap is unacceptable; waiver requests will be considered only under extreme
38
circumstances. In general, the use of HSGP grant funding to pay for staff and/or
contractor regular time or overtime/backfill is considered a personnel cost.
Activities that are considered "personnel" and "personnel -related", and therefore
count against the personnel cap of 50 percent include, but are not limited to:
Operational overtime
• Overtime/backfill to participate in approved training or exercise deliveries
Salaries and personnel costs of intelligence analysts
• Overtime to -participate in intelligence sharing activities
• -Salaries and personnel costs of planners, equipment managers, exercise
coordinators, and/or training coordinators
• Salaries and personnel costs under the M&A_ category
• Contractor costs associated with performing the above activities
These activities are also subject to the funding and eligibility requirements
detailed under the allowable cost categories. For further details, SAAs should
contact their FEMA GPD Program Analyst.
• Neither MMRS nor CCP have a personnel cap.
For MMRS, hiring, overtime, backfill and professional development expenses are
allowable only for dedicated MMRS Leadership personnel to perform
programmatic activities and that are deemed allowable under existing guidance.
Supplanting, however, is not allowed.
FY 2009 HSGP funds may not be used to support the hiring of any personnel for the
purposes of fulfilling traditional public health and safety duties or to supplant
traditional public health and safety positions and responsibilities.
The following are definitions for the terms as used in this grant guidance:
• Hiring — State and local entities may use grant funding to cover the salary of
newly hired personnel who are exclusively undertaking allowable FEMA program
activities as specified in this guidance. This may not include new personnel who
are hired to fulfill any non-FEMA program activities under any circumstances.
Hiring will always result in a net increase of FTEs.
• Overtime -- These expenses are limited to the' additional costs which result from
personnel working over and above 40 hours of weekly work time as a direct
result of their performance of FEMA-approved activities specified in this
guidance. Overtime associated with any other activity is not eligible.
• Backfill-related Overtime — Also called "Overtime as backfill," these expenses
are limited to overtime costs which result from personnel who are working
overtime'(as identified above), to perform the duties of other personnel who are
temporarily assigned to FEMA-approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the result of an
increase of Full -Time Equivalent (FTE) employees.
39
• Supplanting — Grant funds will be used to supplement existing funds, and will
not replace (supplant) funds that have been appropriated for the same purpose.
Applicants or grantees may be required to supply documentation certifying that a
reduction in non -Federal resources occurred for reasons other than the receipt or
expected receipt of Federal funds.
Construction and Renovation
Use of HSGP funds for construction and renovation is generally prohibited except as
outlinedbelow, Such construction and renovation shall be strictly limited and
allowable only when it is a necessary component of a security system at critical
infrastructure facilities. CCP and MMRS funds may not be used for any type of
construction or renovation.
Project construction -and renovation not exceeding $1,000,000 is allowable, as
deemed necessary. The following types of projects' are considered to constitute
construction or renovation, and must be submitted to FEMA for compliance review
under Federal environmental planning and historic preservation (EHP) laws and
requirements prior to initiation of the project;
Construction and renovation -of guard facilities
Renovation of and modifications, including the installation of security and
communication equipment, to buildings and structures that are'50 years old or
older
• Any.other construction or renovation efforts that change or expand the footprint
of a facility or structure, including security enhancements to improve perimeter
secu rity.
• Physical security enhancements, including but not limited to:
o lighting
o' Fencing
o Closed-circuit television (CCTV) systems
o Motion detection systems
o Barriers, doors, gates and related security enhancements
In addition, the erection of communications towers that are included in a
jurisdiction's interoperable communications plan is allowed, subject to all
applicable laws, regulations, and licensing provisions. Communication tower
projects must be submitted to FEMA for EHP review. Per the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act of 2009
(Public Law 110-329), communications towers are not subject to the
$1,000,600 construction and renovation cap.
In order to draw down funds for construction and renovation costs under HSGP,
grantees must provide to FEMA:
• A description of the asset or facility, asset location, whether the infrastructure is
publicly or privately owned, and the construction or renovation project
40
A Certification that a facility vulnerability assessment has been conducted
• An outline addressing how the construction or renovation project will address the
identified vulnerabilities from the assessment
• Consequences of not implementing .the construction or renovation project
• Any additional information requested by FEMA to ensure compliance with
Federal environmental and historic preservation requirements
Grantees should refer to FEMA's Information Bulletin #271, Environmental and
Planning and Historic Preservation Requirements for Grants, Additional information
may also be found on the FEMA`s website located at WPM
�Wwwfema. oq ar/plan/eh 1.
Law Enforcement Terrorism Prevention -Oriented Allowable Costs
Section 2006 of the Homeland Security Act, as amended by the 9/11 Act, includes
the following allowable activities:
Overtime expenses consistent with a:' Statehomeland security plan, Including
_enhanced operations in support of federal agencies, including border security
and border crossing enforcement;
• ' Establishing, enhancing and staffing State, local and regional fusion renters;
Paying salaries and benefits for personnel to serve as qualified intelligence
analysts;
Any other terrorism prevention activity authorized by the Administrator
• Provisions from Section '2008 also, apply
The broad parameters of the historical LETPP program are still allowable under
SHSP and UASI. These include the following activities:
• 'Information sharing and analysis
Target hardening
Threat recognition
e Terrorist interdiction
v Subject to the limitations on Organization and Personnel Costs outlined above,
overtime expenses consistent with a State Homeland Security Plan, including for
the provision of enhanced law enforcement operations in support of Federal
agencies, including for increased border security and border crossing;
enforcement
• Subject,to the limitations on Organization and Personnel Costs outlined above,
establishing, enhancing, and staffing State, local, and regional fusion centers
with appropriately qualified personnel
• Subject to the limitations on Organization and Personnel Costs outlined above,
paying salaries and benefits for personnel, including individuals employed by the
grant recipient on the date of the relevant grant application, to serve as qualified
intelligence analysts
41
Secure Identification
In addition to the expenditures outlined above, SHSP funds may be used to support
the Department's efforts to enhance secure identification. Activities that facilitate
secure identification, including IT enhancements for identification management and
verification systems, are a priority.: DHS is currently developing and implementing a
number -of high profile screening programs in which secureidentification credentials
figure prominently. These include the REAL, ID program which aims to enhance the
security, integrity and protection of licensing and identification systems across the
country; the Transportation Worker Identification Credential (TWIG) program which
promotes tamper -resistant biometric credentials for workers who require unescorted
access to secure areas of ports, vessels, outercontinental shelf facilities and all
credentialed merchant mariners; and the credentialing of First Responders which
entails enhancing real-time electronic authentication of identity and attribute(s)
(qualification,. certification, authorization, and/or privilege) of emergency
response/critical government personnel responding to terrorist attacks or other
catastrophic events.
REAL ID specific allowable activities include: planning activities related to REAL. ID
compliance, related' personal identification verification systems enhancements;
personnel and management costs related to REAL. ID compliance activities; and
acquisitions for hardware and software related to ensuring compatibility with REAL~
ID technologies.
As to TUNIC, specific allowable activities include; projects that involve new
installations or upgrades to access control and identity management systems that
exhibit compliance with TWIG standards and program specifications.
As to credentialing of First Responders, specific allowable activities Include:
development of standards -based technologies, policies, protocols, and practices for
portable and functional solutions to first responder' identification issues,
Note: Secure Identification projects requested and funded under SHSP must directly
support SHSP mission goals and cannot supplant projects/activities funded under
the REAL iD Grant Program.
F. Other Submission Requirements
The FY 2009 Investment Justification for HSGP will be web -based.' The Investment
Justification will be completed by applicants using the Grants Reporting Tool (GRT).
Once investment Justifications are marked `complete' in GRT by applicants, the SAA
will then need to submit the final application through grants.gov.
Please allow enough time before (or no later than 11:69 PM EDT) March 20, 2009
to complete the Investment Justification In ORT and submit the required
application materials in grants.gov.
42
!-N
OTHER INFORMATION HSGP
ALLOWABLE EXPENSES
Overview
The following provides guidance on allowable costs within Planning, Equipment,
Training, ,and Exercise activities.
Planning Activities Information
The FY 2009 HSGP Guidance and Application Kit defines five broad categories of
allowable planning costs. Following are examples for each of the categories.
• Developing scenario plans that incorporate the range of prevention, protection,
response, and recovery; activities fora scenario
+ Developing and Implementing homeland security support programs and adopting
DMS'national initiatives including but not limited to the following:
o Implementing the National Preparedness Guidelines
o Enhancing and implementing Statewide Communication Interoperabiilty
Plans (SCiP) and Tactical Interoperable Communications Plans (TiCP)
o Aligning SCiPs and TICPs to the goals and objectives of the National
Emergency Communications Plan (NECP) ;
o Costsassociated with the adoption, implementation and adherence to
NIMS compliance requirements, Including implementing the NIMS
National Credentialing Framework.
o Modifying existing incident management and EOPs to ensure proper
alignment with the NRF coordinating structures, processes, and protocols
o Establishing or enhancing mutual aid agreements
o Developing communications and interoperability protocols and solutions
o Conducting local, regional, and Tribal program implementation meetings
o Developing or updating resource inventory assets in accordance to typed
resource definitions issued by the NIMS integration Center (NIC)
o Designing State and local geospatial data systems
o ,Conducting public education and outreach campaigns, including
promoting individual, family and business emergency preparedness; alerts
and warnings education; and evacuation plans as well as IED or bombing
prevention awareness
o Preparing materials for the State Preparedness Report (SPR)
66
• Developing related terrorism prevention activities including:
o Developing law enforcement prevention activities, to include establishing
and/or enhancing a fusion center
o Hiring an IT specialist to plan,' develop, and implement the iT applications
necessary for a fusion center
o Developing and planning for information/intelligence sharing groups
o Hiring contractors and consultants to make recommendations on the
development of a fusion center
o Integrating and coordinating public healthcare and" health security date -
gathering (threats to human and animal health) within State and local
fusion centers to achieve early warning and mitigation of health events
o Integrating and coordinating private sector participationwith fusion center
activities
o Acquiring systems allowing connectivity to State, local, and Federal data
networks, such as the National Crime Information Center (NCIC) and
Integrated Automated Fingerprint Identification System (IAFIS), as
appropriate
o Planning to enhance security during;,heightenect alerts, during terrorist
incidents, and/or during mitigation and recovery
o Multi -discipline preparation across first responder community, including
EMS for response to catastrophic events and acts of terrorism
o Public InformatioWed ucation: printed and electronic materials, public
service announcements, seminars/town hall meetings, web postings
coordinated through local Citizen Corps Councils
o Citizen Corps volunteer programs and other activities to strengthen citizen
participation
o Conducting public education campaigns, including promoting' individual,
family and business emergency preparedness; promoting the Ready
campaign; and/or creating State, regional or local. emergency
preparedness efforts that build upon the Ready campaign
o Evaluating CiP security equipment and/or personnel requirements to
protect and secure sites
o CIP cost assessments, including resources (e.g.,. financial, personnel)
required for security enhancements/deployments
o Multi -Jurisdiction Bombing Prevention Plans (MJBPP)8
o Underwater Terrorist Protection Plans
s The SAA should examine: current bombing prevention and explosive device response capabilities as an import risk reduction
activity. An explosive devise recognition capability analysis can assist in determining their opportunities For increasing the capability
to execute steady state and threat Initiated tasks to prevent and respond to a bombing incident.
67
Developing and enhancing plans and protocols, including but not limited to:
o Developing or enhancing EQPs and operating procedures
o Developing or enhancing local, regional, or Statewide strategic or tactical
interoperable emergency communications plans
o . Implementing Statewide Communication interoperabiliy Plans (SCIP) and
Tactical interoperable Communications Plans (TICP)
o Aligning SCIPs and TICPs to the goals and objectives of the NECP
o Developing protocols or standard operating proceduresfor specialized
teams to incorporate the use of equipment acquired through this grant
program
o Developing_ terrorism prevention/deterrence plans
o Developing plans, procedures, and requirements for the management of
infrastructure and resources related to HSGP and implementation of State
or Urban Area Homeland Security Strategies
o ` Developing or enhancing border security plans
o Developing or enhancing cyber security plans
o Developing or enhancing secondary health screening protocols at major
points of entry (air, rail, port) ,
o _ Developing or enhancing cyber risk mitigation plans
o Developingor enhancing agriculture/food security risk mitigation,
response, and recovery plans
o Developing- p.ublic/prlvate sector partnership emergency response,
assessment, and resource sharing plans
o Developing or enhancing plans to engage and interface with, and to
increase the capacity of, private sector/non-governmental entities working
to meet the human service response and recovery needs of victims
o Developing or updating locator regional communications plans
o Developing plans to support: and assist jurisdictions, such as port
authorities and. rail and mass transit agencies
o Developing or enhancing continuity of operations and continuity of
government plans
o Developing or enhancing existing catastrophic incident response and
recovery plans to include and integrate Federal assets provided under the
NRF
d Developing or enhancing evacuation plans
o _Developing or enhancing citizen surge capacity
o Developing or enhancing plans for donations and volunteer management
.and the engagement/Integration of private sector/nongovernmental
entities in preparedness, response, and recovery activities
o Developing or enhancing Bombing Prevention Plans
o Developing school preparedness plans
o Ensuring jurisdiction EOPs adequately address warnings, emergency
public information, evacuation, sheltering, mass care, resource
management from non -governmental sources, unaffiliated volunteer and
donations management, and volunteer resource integration to support
-68
each Emergency Support Function, to include appropriate considerations
for special needs populations
o Developing and implementing civil rights, civil liberties and privacy
policies, procedures, and protocols
o Designing and developing State and local geospatial data systems'
• Developing or conducting assessments, including but not limited to;
o- Conducting point vulnerability assessments at critical infrastructure
sites/key assets and develop remediation/security plans
o Conducting or updating interoperable emergency communications
capabilities assessments at the local, %regional, or Statewide level
o Developing border security operations plans in coordination with CBP
U Developing, implementing, and reviewing Area Maritime Security flans for
ports, waterways; and coastal areas
o Updating and refining threat matrices
o Conducting cyber risk and vulnerability assessments
o Conducting assessments and exercising existing catastrophic incident
response and recovery plans and capabilities to identify critical gaps that
cannot be met by existing local and State resources
o Conducting Bombing Prevention Capability Analysis
o Activities that directly. support the identification of specific catastrophic
incident priority response and recovery projected needs across disciplines
(e.g. law enforcement, fire, EMS, public health, behavioral health, public
works, agriculture, information technology, and citizen preparedness)
o Activities that directly support the identification of pre --designated
temporary housing sites
o Conducting community assessments, surveys, and research of
vulnerabilities and resource needs, and determine citizen education and
participation to meet the needs
o Conducting Citizen Corps program assessments and evaluations, citizen
preparedness surveys, volunteer impact studies and cost/benefitanalysis
o Soft target security planning (public gatherings)
o Participating in the FEMA Gap Analysis Program
MMRS Planning. The MMRS Leadership shall ensure that local strategic goals,
objectives, operational capabilities, and resource requirements align with State and
Urban Area Homeland Security Strategies. Critical factors in plan;ning.are to ensure
that
a.' The MMRS Jurisdiction has an applicable and up to date plan for
responding to a mass casualty incident caused by any hazards; and
b.' applicable procedures and operational guides to implement the response
actions within the local plan.
CCP Planning. Integrating non -governmental entities into the planning process is
critical to achieve comprehensive community preparedness. To meet this important
objective, HSGP funds may be used to support the following;
69
• Establishing and sustaining; bodies to serve as Citizen Corps Councils
• Assuring that State and local government homeland security strategies,
policies, guidance, plans, and evaluations include a greater emphasis on
govern ment/non-governmental collaboration, citizen preparedness, and
volunteer participation
• Developing and implementing a community preparednessstrategy for the
StateAocai jurisdiction
Developing or reproducing publiceducation and outreach materials to.
increase citizen preparedness and knowledge of protective actions (to include
the national. Ready Campaign materials); promote training, exercise, and
volunteer opportunities; and inform the public about emergency plans,
evacuation routes, shelter locations, and public alerts/warnings.
o All public education and outreach materials must include the national or
jurisdiction's Citizen Corps logo, tagline or website or the Ready logo,
tagline, or website and comply with logo standards. For more information
go to https;/Avww ci zencorp,9&1ov, In addition, all public education and
outreach materials should incorporate special needs considerations, to
include language, content, and method of communication.
o' Allowable expenditures include:
• Media campaigns: PSAs, camera-ready materials, website support,
newsletters
• Outreach activities and public events: Booth displays; event backdrops
or signs; displays and demonstrations; and informational materials
such as brochures/flyers
+ Promotional materials: pens/pencils, pins, patches, magnets, souvenir
clothing/headwear, etc. Expenditures for promotional items must not
exceed 15 percent of the total Citizen Corps Program allocation (see
CCP Equipment for information on equipment caps.)
• Establishing, enhancing or expanding volunteer programs and volunteer
recruitment efforts.
o Citizen support for emergency responders is critical through year-round
volunteer programs and as surge capacity in disaster response. Citizen
Corps funding may be used to establish, enhance or expand volunteer
programs and volunteer recruitment efforts for Neighborhood
Watch/USAonWatch, Community Emergency Response Teams (CERT),
Volunteers in Police Service (VIPS), Medical Reserve Corps (MRC), and
Fire Corps; for the Citizen Corps Affiliate Programs and Organizations;
and for jurisdiction specific volunteer efforts.
o Examples include:
70
• Recruiting, screening, and training volunteers (e.g. background,
checks)
Retaining, recognizing, and motivating volunteers (e.g. volunteer
recognition items, such as certificates or plaques).
• Purchasing, maintaining, or subscribing to a -system, to track volunteers
(to include Identification and credentialing systems, and to track
volunteer hours) and other available resources in compliance with
applicable privacy laws
Necessary non--structurat accommodations to include persons with
special needs (i.e. sign language interpreters)
• Evaluating volunteers
• Organizational activities supported with CCP funding are limited to 25 percent
of the grantee's CCP funding. Organizational activities Include hiring of full
or part-time staff or contractors for emergency management activities.
Additional Equipment Information
MMRS Equipment. MMRS funds may be used for equipment acquisition from
the MMRS equipment categories listed in the AEL. MMRS grant funds are
intended to ensure an appropriate supply of pharmaceuticals and equipment,
personal protective equipment, as well as detection equipment for chemical,
biological, radiological nuclear and explosive incidents for the first crucial hours
of a response to a mass casualty incident.
MMRS grant funds cannot be used to duplicate supplies already available
through local and State sources, including local/regional public health offices and
hospital associations, or other Federal programs.
Procurements should have a sound threat based justification with an aim to
reduce the consequences of mass casualty incidents during the first crucial hours
of a response.
Prior to procuring pharmaceuticals and equipment with MMRS grant funds,
grantees must have in place an inventory management plan. The Inventory
management plan should avoid large periodic variations In supplies due to
coinciding purchase and expiration dates. MMRS grantees are strongly
encouraged to enter into rotational procurement agreements with vendors and
distributors.
Purchases of pharmaceuticals have to include a budget for the disposal of
expired drugs within the Period of Performance of the FY 2009 MMRS grant.
The cost of disposal cannot be carried over to another PEMA grant or grant
period.
CCP Equipment. States and Urban Areas are encouraged to fully leverage all
HSOP resources for equipment to support volunteer personnel in preparedness
71
and response. All. allowable equipment costs are listed in the AEL, available at
h ffas /lvwww.rkb .rs.
Any equipment purchased with CCP funding must be used for specific
preparedness or volunteer training. or by volunteers in carrying out their response
functions. CCP funding is Intended only to be used for specific preparedness or
volunteer training or by trained volunteers in carrying out their response
functions, Examples of equipment used to support training and exercises for
citizens include items such as burn pans or sample preparedness kits.
Expenditures for kits used in volunteer response (e.g., CERT or MRC kits /
backpacks) or clothing for official identification must not exceed 30 percent of the
total Citizen, Corps Program. allocation. Clothing for official identification includes
those items that volunteers are required to wear when engaging in public safety
activities or disaster response (e,g., t-shirts for CERT members, baseball caps,_
for Neighborhood Watch/USAohWatch Program foot patrol members).
Training information and Requirements
1. Training information Reporting System ("Web -Forms"). Web -Forms is an
electronic form/data management system built to assist the SAA and its designated
State/territory TPO.0 with the reporting of State and Federal sponsored training
supported by MSGP funds. Web -Forms can be accessed through the FEMA Toolkit
located at http:/lwww firstrespondertrainin, ov/admin.
2. Typos of training. FEMA facilitates a number of different training sources:
• FEMA Provided Training: These courses or' programs are developed for and/or
delivered by Institutions and organizations funded directly by FEMA. This
includes the Center for Domestic Preparedness (CDP),;the National Domestic
Preparedness Consortium (NDPC), the Rural Domestic Preparedness
Consortium (RDPC), National Emergency Training Center (National Fire
Academy and the Emergency Management Institute), and FEMA Training
Partners funded throughthe Continuing and Demonstration Training grant
programs.
• Training Not Provided by FEMA: These courses are either State sponsored or
Federal sponsored, coordinated and approved by the SAA or their Aesignated
Training Point of Contact (TPOC), and fall within the FEMA mission. scope to
prepare State and local personnel to prevent, protect against, respond to, and
recover from acts of terrorism or catastrophic events.
• State Sponsored Courses: These courses are developed for and/or delivered
by institutions or organizations other than Federal entities or FEMA and are
sponsored by the SAA or their designated'TPOC.
Approved State Sponsored Course Catalog: This catalog lists State/territory
sponsored courses that fall within the FEMA mission scope and have been
approved through the FEMA course review and approval process. An updated
72
version of this catalog can be accessed at
htfn://www, firstrespondertraining qpv/adp wabforms,
• Federal Sponsored Courses: This catalog lists courses developed for and/or
delivered by institutionsfunded by Federal entities other than FEMA.
• Approved Federal Sponsored Course Catalog': ' This;catalog lists Federal,
sponsored courses that fall within the FEMA mission scope, and have been
approved throughrthe- FEMA course review and approval process. An updated
version of this catalog can be accessed at
http//www.firstresaondertrainina.goy/ocip webforms.
FEMA Provide d;Training. FEMA funds the direct delivery of a variety of courses that
States can request to meet training needs. These courses are listed in the FEMA
approved course catalog listed at htta://www firstrespondertralning.aov/odA webforms.
Each FEMA Training Partner should contact the SAA or designated TPOC for locations
within the State that are appropriate for the training. When the direct delivery funds are
exhausted, the Training Partner can continue to offer the classes to the States through'
one of two methods —the Voluntary Training Enhancement Program (VTEP) or the
Excess Delivery Acquisition Program ,(EDAP).
VTEP is a voluntary program designed to increase flexibility for States and territories
while enhancing FEMNs training delivery capability and complementing the current
training partner pool. Funding from previous fiscal years Ma be used to support
State, territory, or Urban Area's implementation of this program. Through VTEP, the
SAA has the authority to adopt various TEI/TO provided programs for delivery by
institutions' within its State and local jurisdictions, and designate institutions as
recognized providers for the identified standardized curriculum:
EDAP allows a FEMA Training Partner to charge for a course delivery when the Federal
grant that developed the program is completed or more deliveries of a requested class
are needed than the grant funds can accommodate. This cost per class is approved by
FEMA so that States pay for the cost of instruction only, not the curriculum development
costs that were paid by FEMA training grant funds, HSGP funds can be used to pay for
the delivery of these classes within a state at the request of the SAAiTPOC.
Attending Training Not Provided by FEMA (State or Federal Sponsored Courses).
States, territories, and Urban Areas are not required to request approval from FEMA for
personnel to attend training not provided by FEMA (State or Federal -sponsored
courses) provided that the training is coordinated with and approved by the SAA or
TPOC and falls within the FEMA mission scope and the jurisdiction's EOP and Strategy
of preparing State and local personnel or citizens to prevent, protect against, respond
to, and recover from acts of terrorism or catastrophic events.
States, territories, and Urban; Areas are required, within 30 days after attendance, to
submit Information through the SAA or TPOC via Web -Forms on all training not
provided by FEMA, but supported with HSGP funds, This information will consist of
73
course title, course description, mission area, level of training, the training provider, the
date of the course, the number and associated disciplines of the Individuals, and the
sponsoring jurisdiction. States, territories, and Urban Areas intending to use FEMA
funds to support attendance at training not provided by FEMA must ensure these
courses:
• Fall within the FEMA mission scope to prepare State and local personnel to
prevent, protect against, respond to, and recover from acts of terrorism and
catastrophic events
+ Build additional capabilities that a) support a specific training need identified by
the State, territory, and Urban Area, and b) comport with the State, territory, or
Urban Area Homeland Security Strategy
a Address specific tasks, and/or competencies articulated in FEMA's Emergency
Responder Guidelines and the Homeland Security Guidelines for Prevention and
Deterrence
• Address specific capabilities and related tasks articulated in the September 2006
version of the TCL, available through LLIS
• Support the specific program training activities identified in the individual HSGP
grant programs (SHSP, UASi MMRS, CCP) for which the funding will be used
• Comport with all applicable Federal, State, and local regulations, certifications,
guidelines, and- policies deemed appropriate for the type and level of training .
In support of the- continuing efforts to build common catalogs of approved training not
provided by FEMA, the SAA/TPOC will be allowed three deliveries of the same course
within a State/territory before the course is required to go through the FEMA State
course review and approval process. Additional course deliveries will be authorized
during the review period. However, if the course Is disapproved as part of the process,
no additional FEMA funds can be dedicated to attending the course.
State and federal -Sponsored Course Catalogs. Courses approved by FEMAwill be
added. to either the approved State Sponsored Course Catalog or the Federal
Sponsored Course Catalog. Courses Identified within these catalogsmay be attended
on an unlimited basis within any State/territory as long as the training is coordinated and
approved by the SAA/TPOC. A full description of the FEMA Course Development,
Review, and Approval Process, as well as the approved course catalogs, can be found
at hU ;//www.firstreg2onderfrainmg aov/oda webforms.
FEMA, will respond to the initial request for review within 15 days with one of the
following outcomes:
Course concept is approved as consistent with the State plan and the State
should submit the full course package for subject matter expert review and
comment.
Course concept is disapproved as inconsistent with State plan, FEMA guidance,
or is exactly the same as another course in the catalog (no need for another
approval, refer to the curriculum already developed and approved).
74
At any time, the SAA/TPOC (for State -sponsored courses) or the Federal Agency POC
(for Federal sponsored courses) may request the addition of a course to the
corresponding approved catalog by submitting the associated Web -Form (i.e., Request
for Addition to the Approved State -Sponsored Catalog) for review. if a class on the
same subject is already In the catalog, the submitting State should provide'
documentation as to.why the course is unique, after contacting the owner(s) of the other
courses to review the curriculum. This step is required to avoid unnecessary duplication
of similar courses in the catalog, allow States to share course. development costs,
permit all States to have access to new or unique courses developed by other
providers, and allow States to direct their training dollars to delivery rather than
development. If it is determined that the proposed course meets the above listed
criteria, the providing entity (SAA/TPOC or Federal. Agency POC) will be invited to
submit the Course Review and Approval Request Form along: with all supporting
training materials:
For further information on developing courses using the instructional design
methodology and tools that can facilitate the process, SAAs and TPQCs are
encouraged to review the FEMA Strategy for Blended Learning and access the
Responder Training Development Center (RTDC) available at
http:/Iwww.firsfresponderiraininp gov/admin.
FEMA funds must be. used to supplement, not supplant, existing funds that have been
appropriated for the same purpose. FEMA will conductperiodic reviews of all State,
territory, and Urban Area training funded' by FEMA. These reviews may include
requests for all course materials and physical observation of, or participation in, the
funded training. If these reviews determine that courses are outside the scope of this
guidance, grantees will be asked to'repay grant funds expended in SUD12oa of those
efforts.
States and territories are required to conduct an annual Training and Exercise Plan
Workshop to identify key priorities and major events over a multi -year time frame and to
align training and exercises in support of those priorities. A Multi -year Training and
Exercise Plan will be produced from the Training and Exercise Plan Workshop to
include the State's training and exercise priorities, associated training and exercise
capabilities, and a multi -year training and exercise schedule. Further guidance
concerning the Multi -year Training and Exercise Plan can be found in the Exercises
discussion immediately following.
CCP Training. Training funded through the CCP includes but is not limited to: ail -
hazards safety, such as emergency preparedness, basic first aid, life saving skills, crime
prevention and terrorism awareness, school preparedness, public health issues,
mitigation/property damage prevention, safety in the home, light search and rescue
skills, principles of'NIMS/ICS, community relations, volunteer management, serving
people with disabilities, pet care preparedness, any training necessary to participate in
volunteer activities, any training necessary to fulfill surgecapacityroles, or other training
that promotes individual, family, or community safety and preparedness.
75
There is no cap on the number of deliveries State or local jurisdictions may conduct of
non:responder community -based training workshops, seminars, demonstrations, or
conferences. Examples include: CPR/AEC) training, identity theft workshops, terrorism
awareness seminars, chain -saw safety demonstrations, and community preparedness
conferences.
Funding for CERT training includes the delivery of the CERT Basic Training Course,
supplemental training for CERT members who have completed the basic training, and
the CERT Train -the -Trainer training. Any CERT Basic training conducted by State or
local entities must: 1) include the topics covered in the FEMA CERT Basic Training
Course; 2) be instructor -led; and 3) and classroom -based, using lecture, demonstration,
and hands-on practice throughout. Note that the Independent Study course,
"Introduction to CERT" (IS 317) must not be substituted for classroom delivery of CERT
basic training. There is no cap on the number of deliveries State or local jurisdictions
may conduct of the CERT Basic Training, the CERT Train -the -Trainer, Campus CERT
Train -the -Trainer, or Teen CERT Train -the -Trainer courses, or supplemental/advanced
training for CERT program participants.
Any training supported with these CCP funds should be delivered with specific
consideration to Include all ages, ethnic and cultural groups, persons with disabilities,
and. special needs populations at venues throughout the community, to include schools;
neighborhoods, places of worship, the private sector, non -governmental organizations,
and government locations. Expenditures to provide necessary non-structural
accommodations for personswithspecial needs is allowable (i.e. sign language
Interpreters). Jurisdictions are also encouraged to leverage existing training provided
via educational/professional facilities and to incorporate non-traditional methodologies
such as the Internet, distance learning, or home study whenever such delivery supports
training objectives. Pilot courses and innovative approaches to training citizens and
instructors are encouraged.
Instruction for trainers and training to support the Citizen Corps Council members in
their efforts to manage and coordinate the Citizen Corps mission is also an allowable
use of the FY 2009 CCP funding.
Allowable Tralning Costs
Allowable training -related costs include, but are not limited to, the following:
+ Funds used to develop, deliver, and evaluate training, including costs. related
to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment.
Overtime and Backfill costs, as defined in this guidance, associated with
attending or teaching FEMA-sponsored and/or approved training courses and
programs are allowed. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the State or'unit(s) of local
government and has the approval of the State or the awarding agency,
whichever is applicable. In no case is dual compensation allowable. That is, an
76
employee of a Unit of government may not receive compensation from both 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.
Further, overtime costs associated with employees who participate in training in a
teaching role for which they are compensated are not allowed.
• Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses
by employees who are on travel status for official business related to approved
training.
• Hiring of Full or Part -Time Staff or Contractors/Consultants to support
training -related activities. Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s) of local government and have
the approval of the State or awarding agency, whichever is applicable. Such
costs must be included within the funding allowed for program management
personnel expenses, which must not exceed 15 percent of the total allocation as
.specified in section E.6. In no case is dual compensation allowable (see above,
�► CertificationlRecortification of Instructors is an allowable cost. States are
encouraged to follow the FEMA Instructor Quality Assurance Program to ensure
a minimum level of competency and corresponding levels of evaluation of
student learning. This Is particularly important for those courses that involve
training of trainers. This information is contained In a Information Bulletin #193,
issued October 20, 2005.
Exercise Requirements
1. Training and Exercise Plan Workshop. States and Urban Areas are required to
conduct an annual Training and Exercise Plan' Workshop(T&EPW). A Multi -year
Training and Exercise Plan must. be produced' from the T&EPW and submitted to the
State's respective Exercise ManagerandProgram Analyst. This plan must be
updated annually.
The Training and Exercise Plan will include the State's training and exercise
priorities, associated capabilities, and a;multi-year training and exercise schedule.
The Plan and the schedule must both.be submitted. within 60 days of the workshop
and should reflect all exercises that are being conducted throughout the State. All
scheduled exercises must be entered through the National Exercise Schedule
(NEXS) Application, which is located on the HSEEP website. A template of the
Multi -year Training and Exercise Plan can be found in HSEEP Volume guidance and
on the HSEEP website (htrps://hseep.gov) under the Sample Exercise Documents
section,
States must complete a cycle of exercise activity during the period of this grant.
States and Urban Areas are encouraged to use exercises as an opportunity to meet
the requirements of multiple exercise programs. To this end, grantees' are
encouraged to invite representatives/planners involved with other Federally -
mandated or private exercise activities. States and Urban Areas are encouraged to
share, at a minimum, the multi -year training and exercise schedule with those
departments, agencies, and organizations included in the plan. 'Further guidance
77
concerning Training and Exercise Plan Workshops can be found in the HSEEP
Volumes,
2. Exercise Scenarios. The scenarios used in HSGP-funded exercises must be
based on the State's/Urban Area's Homeland Security Strategy and plans.
Acceptable scenarios for SHSP, UASI, MMRS, and GCP exercises include:
chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural.
or technological disasters, Exercise scenarios must be catastrophic in scope and
size, as defined by the National Response Framework.
The scenarios used in HSGP,funded exercises must focus on validating existing
capabilities- and must be large enough in scope and size to exercise multiple tasks
and warrant.involvement from multiple jurisdictions and disciplines and non-
governmental organizations. Exercise scenarios should also be based on the Multi-
year Training and Exercise Plan.
3. Models, Simulations and Games (MS&G). Grantees who wish to expend funds on
models, simulations, or games (MS&G) must consult with "Review of Models,
Simulations, and Games for Domestic Preparedness Training and Exerclsing,
Volume lll,"which provides an overview and analysis of existing models,
simulations, and games. Grantees can also consult with the MS&G Decision
Support System, which automates the aforementioned report into a searchable
database. Both -the report and system are available through the HSEEP website.
4. Special Event Planning. If a State or Urban Area will be hosting an upcoming
special event (e.g., Soper Bowl, G-8 Summit); they anticipate participating in a Tier 2
Nationai-Level Exercise as defined by the National Exercise Program
Implementation Plan'(NEP 1-Plan); or they anticipate that they will apply to be a
venue for a Tier 1 National-LevelExercise, as defined by the I -Plan, they should
plan to use SHSP or UASI funding to finance training and exercise activities in
preparation for that event, States and Urban Areas should also consider exercises
at major venues (e.g:, arenas, convention centers) that focus on evacuations,
communications, and command and control. States should also anticipate
participating in at least one Regional Exercise annually. States must include all
confirmed or planned special events in the Multi -year Training and Exercise Plan.
5. Exercise Evaluation. All exercises will be performance -based and evaluated. An
After Action Report/Improvement Plan (AAR/IP) will be prepared and submitted to
FEMA within 60 days, following every exercise, regardless of type or scope:
AAR/IPs must conform to the HSEEP format, should capture objective data
pertaining to exercise conduct, and must be developed based on information
gathered through Exercise Evaluation Guides (EEGs) found in HSEEP Volume IV.
All applicants are encouraged to use the Lessons Learned Information Sharing
System (LLiS.gov) as a source for lessons learned and to exchange best practices.
78
G. Seif-Sustaining Exercise Programs. States are expected to develop a self-
sustaining exercise program. A self-sustaining exercise program is one that is
successfully able to implement, maintain, and oversee the Multi -year Training and
Exercise Plan, including the development and delivery of HSGP-funded exercises.
The program must utilize a multi -disciplinary approach to the development and
delivery of exercises, and build upon existing plans, training, and equipment.
7. Role of Non -Governmental Entities in Exercises. Non -governmental
participation in all levels of exercises is strongly encouraged. Leaders from non-
governmental entities should be included in the planning, conduct, and evaluation of
an exercise. State and local jurisdictions are encouraged to develop exercises that
test the integration and use of non -governmental resources provided by non-
governmental entities, defined as the private sector and private non-profit, faith -
based, community, volunteer and other non -governmental organizations. Non-
governmental participation in exercises should be coordinated with the local Citizen
Carps Council(s).
MMRS Exercises. The scenarios used in MMRS exercises should focus on incidents
that would be catastrophic to the grant implementer's community and/or have national
impact caused by any hazard. Grantees are encouraged to use scenarios with a focus
on medical issues related to preparedness and response. Scenarios should test
appropriate TargetCapability that support the MMRS mission;
Citizen participation in exercises is strongly encouraged and should be coordinated with
the local Medical Reserve Corps and Citizen Corps Council. Volunteer roles and
responsibilities include,' but are not limited to, backfilling non-professional tasks for first
responders deployed on exercise planning and implementation, providing simulated
victims, media, and members of the public; supporting surge capacity functions; and
participating in the after -action review.
MMRS jurisdictions, in coordination with regional, Urban Area, and State exercise and
public health officials, are expected to schedule, design, conduct, and evaluate mass
casualty exercises. that are in compliance with both F'EMA and CDC Public Health
Emergency Preparedness Cooperative Agreement Exercise requirements and
guidance.
CCP Exercises. Exercises specifically designed for or that include participation' from
non -governmental entities and the general' public are allowable activities and may
include testing public warning systems, evacuation/shelter in -place capabilities,
family/school/business preparedness, and participating in table -top or full scale
emergency responder exercises at the local, State, or national level, to include the Top'
Officials Exercise (TOPOFF).
Allowable Exercise Costs
Allowable exercise -related costs include:
79
• Funds Used to Design, Developp Conduct and Evaluate an Exercise —
Includes costs related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel, and documentation.
« Hiring of Full or Part -Time Staff or Contractors/Consultants — Full or part-
time staff may be hired to support exercise -related ,activities. Such costs must be
included within the funding allowed for program management personnel
expenses, which must not exceed 15 percent of the total allocation. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) — whichever is more stringent-- must be followed. In no case
is dual compensation allowable -
• Overtime and Backfill — Overtime and backfill costs associated with the design,
development, and conduct of.exercises are allowable expenses. These costs
are allowed only to the extent the payment for such services is in accordance
with the policies- of the State orunit(s) of local government and has the approval
of the State or the awarding agency, whichever is applicable. In no case is dual
compensationallowable (see above)
• Travel — Travel costs are allowable as expenses by employees who are on travel
status for official business related to the planning and conduct of exercise
project(s).
• 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,. non -sterile masks, and disposable protective equipment).
« Other Items-- These costs include the rental of space/locations for exercise
planning and conduct, rental of equipment: (e.g., portable toilets, tents), food,
gasoline, exercise signs, badges, etc.
Unauthorized Exercise Costs
Unauthorized exercise -related costs include:
Reimbursement for the maintenance and/or wear and tear costs of general use
vehicles (e.g., construction vehicles) and emergency response apparatus (e.g.,
fire trucks, ambulances).
Equipment that is purchased for permanent installation and/or use, beyond the
scope of exercise conduct (e.g., electronic messaging signs).
80
OTHER IINFIORMATION Allowable
Planning, Training, and Exercise Examples
Specific to Law w Enforcement Terrorism
Prevention -oriented .Activities
Planning Activity Examples
Establishment / Enhancement of Fusion Centers
• Hiring an IT specialist to plan 'develop, and,implement the IT applications
necessary for the fusion center
• Developing ,and planning for information/intelligence sharing groups
• _ Hiring contractors and consultants to make recommendations on the
development of the fusion center
Other Allowable Planning Activity Examples'
• Conducting point vulnerability analyses and assessments
• Soft target security planning (public gatherings)
• Developing border security operations plans In coordination with CBP
• Developing, implementing, and reviewing Area Maritime Security Plans for ports,
waterways, and coastal areas
• Updating and refining threat matrices
• Integrating and coordinating private sector participation with fusion center
activities ,
• Developing and implementing civil rights, civil liberties and privacy policies,
procedures, and protocols.
• Acquiring systems allowing connectivity to State, local, and Federal data
networks, such as the National Crime Information Center (NCIC) and Integrated
AutomatedFingerprint Identification System (IAFIS), as appropriate
• Designing and developing State and local geospatial data systems
• Costs associated with the adoption, implementation and adherence to NIMS
compliance requirements; including implementing the NIMS National
Credentialing Framework,
• Integrating and coordinating private sector participation with fusion center
activities
Training Activity Examples
Law enforcement terrorism prevention protection -oriented funds may used for a
range of law enforcement terrorism prevention related training activities to enhance the
capabilities of State and local personnel, including the following:
Establishment / Enhancement of Fusion Centers. Grant funds may be used to
support intelligence analyst training in the following manners:
81
• Participation in DHS approved Intelligence analyst training: States wishing
to develop'or sponsor intelligence analyst courses for a national audience should
submit courses to FEMA for review and approval in accordance with the process
outlined in Parts V1 and Vi1 of this guidance document. The list of approved
courses will be constantly updated and can be accessed in the FEMA catalog at
httpZlwww.firstrespondertrainma.aovlode webforms.
« Limited participation in non-FEMA approved intelligence analyst training:
States may send students to attend non -approved intelligence analysis courses
for up to three offerings in accordance with the training process outlined in Parts
VI and Vll of this guidance document.
A certificate. of completion of all intelligence analyst training must be on file with .the SAA
and must be made available to Program Analysts upon request upon the hiring of
personnel.
Additional Allowable Training Activities -
Allowable -costs include'training courses that focus on:
+ Building Information sharing' capacities (especially among law enforcement, non
law enforcement, other government agencies, and the private sector)
Methods of target hardening
• Facility law enforcement security personnel, to include facilities, vessels and
ports
• CBRNE, agriculture, and cyber threats
• History of terrorism and social environments contributing to threats
• Surveillance and counter -surveillance techniques
• Privacy, civil rights, and civil liberties regulations, policies, procedures, and
protocols
« Critical Infrastructure Protection training, to include Identifying/assessing critical
infrastructure assets, vulnerabilities, and threats
« Cyber/agriculturelfood security threats recognition and protective measures
training
• Cultural awareness training for community engagement activities and undercover
operations related to terrorist organizations
Languages, such as Arabic, Urdu, or Fars!, which are spoken by known terrorists
and terrorist organizations
+ Joint training. with other homeland. security. entities (e.g., U.S. Secret,Service,
CBP)
• Use; of interoperable communications equipment
Collection, analysis, mapping, integration, and dissemination of geospatial data
and imagery
Geospatial database use, design, development, and management training
« Volunteer participation to support law enforcement and community policing
activities related to increased citizen awareness of terrorism activities, to include
the Volunteers in PoliceService and Neighborhood Watch programs
' 82
Exercise Activity Examples
Law enforcement terrorism prevention protection -oriented funds maybe used to design,
develop, conduct, and evaluate terrorism prevention -related exercises, including the
following:
• Exercises to evaluate the effectiveness of information sharing plans, policies,
procedures, and protocols
• Exercises to evaluate NIMS implementation. This includes costs associated with
exercising components of the NIMS National Credentialing Framework.
• Exercises to evaluate facility and/or vesselsecurity-protection
• Exercises to evaluate area maritime security protection
• Exercises to evaluate threat recognition capabilities
• Exercises to evaluate cyber. security capabilities
• Exercises to evaluate agricultural/food security capabilities
• Exercises to evaluate prevention readiness and techniques
« "Red Team" (force on force) exercises
• Interoperable,communications exercises
• Critical infrastructure vulnerability, protection, and/or attack exercises
Where practical, these exercises should involve the public sector, non -governmental
partners, trained citizen volunteers, and the general public. State and local
governments -should work with their Citizen Corps Councils to include volunteers from
programs such as Volunteers in Police Service, Neighborhood Watch, and the general
public.
83
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CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Homeland Security Grant Program (please check):
0 UASI l~Y 06, Grant #: 2006-0071, CalEMA ID #: 037-95050
0 UASI F Y 07, Grant #: 2007-0008., CaIEMA ID #: 037-95050
❑ UASI F'St 08, Grant #: 2008-0006, CalEMA ID #: 037-95050
UASI Region: LAJLB Jurisdiction! Agency/Department:
Line #:
REQUEST FOR SOLE SOURCE PROCUREMENT AUTHORIZATION
1. Project name: Project Budget: $
2. Describe the project anal/or activity that will be provided by the proposed sole source
vendor/contractor.
3. Describe your organization's standard procedures when sole source. contracting is considered,
including the conditions under which a sole source contract is allowed, and any other applicable
criteria (i.e, approval requirements, monetary thresholds, etc.)..
4. Indicate which of the following circumstances resulted in your organization's need to enter into a
sole source contract.
a. Item/service is only available from one source (Describe the process used to make that
determination. Please provide details.)
b. A public urgency or emergency will not permit a delay resulting from competitive
solicitation. According to the US Department of Homeland Security/PEMA, "Time
constraints will not be considered a factor if the subgrantee has not sought competitive
bids in a timely manner." (Describe the urgency or emergency. Please provide details)
C. After solicitation of a number of sources, competition was determined inadequate.
(Describe the solicitation process that determined competition was inadequate. Please
provide details, and attach any relevant supporting material, Request for Proposal, etc.)
5. Did your organization confirm that the contractor/vendor is not debarred or suspended?
6. Will your organization be able to complete all activities associated with the sole source contract
by the end of the grant performance period?
7. Describe your organization's cost benefit analysis of the contractor/vendor's bid/proposal.
8. Has your organization determined the costs are reasonable?
Submitted by Date:
(Namc} (Signature)
CalEMA SSRF rev 5/1/09
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRANT
Reimbursement Request Form
Return Expenditure RegUeg to:
Grant Specialist
Jurisdiction:
Mayor's Office of Homeland Security and Public Safety
200 N. Spring St., Room #M175
Agency/Department;
Los Angeles, CA 90012
i=ax: 2$3.978;0718
Expenditure Period:. to
Project Letter:
Prepared By:
UASI FY07 ❑ Master Item #:
Phone No.
UASI FY08 d Sub -Line #:
Please mark this box to indicate
final request for reimbursement Q ;
Authorized
Previously
Current
Cumulative
Type of Expenditure
Total. Amount
Request
Request
Request
Balance
Equipment
Exercise
Training
Planningi
Operational Activities
Management & Admin
Total
This reimbursement claim is in all respects true, correct, and ail 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:
Please Remit Payment to:
Print Name
Agency
Title
Address
Signature Date
City State Zip
Phone No, (extension) Fox No,
Reference No.
E-mail Address
j:.. t ,.�,. i' .,. Ta be,rroin (@tee b ..WSP:S Accottntin ;Db ,ar{rrient7 7'
DHS/OES Reimbursement Request By:
Transaction ID: Date:
DHSlOES Reimbursement Received:
Cash Receipt No. JV No.
Transfer to Depart Date:
JV No. Invoice No.
HSPS #:
CAL IT?Ol2:l IA U"MFRGENCY MANAG•f,,MENT A6� NC;
AVIATION REQUESTS
Homeland Security Grant Program FY` Grant Number OES IN
Urban Area Security Initiative (UASI) FY Grant Number OES ID#
City/County Name
1. Indicate the type of equipment for this request (choose only one of the following).
2. Please provide a description of the area that will be served by the requested equipment.
3. Please justify the need for the aircraft and how the requested platform best meets that need as compared to
other options. Include the cost, discipline, and funding source.
4. Pleasecertify on signed, letterhead that an existing aviation unit is operating and will continue to operate
independent of the requested funding. Describe the active, operating aviation unit and certify that no
expenses will be charged againstthe grant award for the operation of such aviation unit.
5. Please identify the applicable goals and objectives in your State/Urban Area Homeland Security Strategy
that the requested aircraft addresses.
Revised;8109
CALi1.4`(. 'RNiA E MERGE NC.Y MANAGE MMmr AGENCY
G'RANTs D.w-uK ON
6. Please explain how the requested aircraft fits into the State/Urban Area's integrated operational plans.
7, Please explain what types of terrorism incident response and prevention equipment with which the
requested aircraft will be outfitted.
8. Please describe how this aircraft will be used operationally and which response assets will be deployed
using the requested aircraft.
9. Please describe how this aircraft will be utilized on a regular, non -emergency basis.
10. Please certify- licensing, registration fees, insurance, and all ongoing operational .expenses are the
responsibility of the grantee or the local units of government and are not allowable under this grant.
11. Attach letters of endorsement, if applicable.
Revised 6109
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Homeland Security Grant Program Ia Y Grant Number OES ID#
Urban Area Security Initiative (UASI) FY Grant Number OES ID#
Other Grant Number OES ID#
ESTABLICSII/EN ANCE EMERGE CY OPERATIQPjS CENTER EOC REQUEST
l . What type of EOC does your organization plan to establish/enhance? (Choose one of the
following)
Primary EOC Alternate/Back-up/Duplicate EOC
2. Physical address of facility
3.Describe hove the establishment/enhancement of an EOC improves your organization's ability to
prevent, plan for, respond to, and recover from a terrorism event (on a separate attachment).
4: Identify all other sources and uses of additional funds assisting the project in any way.
S. Identify anticipated homeland security grant costs to establish/enhance your organization's EOC in
the table below.
Supplies/Equipment AEL # Cost
Computers
Network Servers
Printers
Computer accessories (i.e. surge protectors, battery backups, etc.)
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Fax machines
Lighting Systems
LCD projectors
Projection/plasma/flat screens/monitors/televisions
(Explain why a regular television is unsuitable for the particular project,
and explain bow this item will enhance your organization's overall ability
to prevent; plan, respond to and recover from a terrorism event.)
GIS plotter and software
Telephone systems
Software development
Convnercial off -the -shelf (COTS) software
CaIEMA EOCRP rev 8127109
Installation of EOC items
Miscellaneous connections for EOC items
Standardized mapping software
Standardized emergency management software
Installation of EOC items
Miscellaneous connections for EOC items
Leasing Costs (Indicate starting and ending dates of lease and explain
the circumstances under which the moving or leasing costs will be
incurred) `
Other (must provide list/description of "other" items and costs)
TOTAL - EOC Supplies and Equipment
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Homeland Security Grant Program FY Grant Number OES ID#
Urban Area Security Initiative (UA.SI) FY Grant Number OES ID#
Other Grant Number OES ID# _
ESTABLISH/ENHA E JOINT REGION L INTELLIGENCE CENTER JRIC RE UEST
1, What type of JRIC does your organization plan to establish/enhance? (Choose one of the
following)
Primary JRIC Alternate/Back-up/Duplicate JRIC
2. Physical address of facility
3. Describe how the establishment/enhancement of an JRIC improves your organization's ability to
prevent, plan for, respond to, and recover from a terrorism event (on a separate attachment).
4, Identify all other sources and uses of additional funds assisting the project in any way.
5. Identify anticipated homeland security grant costs to establish/enhance your organization"s JRIC in
the table below.
Supplies/Equip AEL # C anent ost
Computers
NetworkServers
Printers
Computer accessories (i.e. surge protectors, battery backups, etc.)
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Fax machines
Lighting Systems
LCD projectors
Projection/plasma/flat screens/monitors/televisions
(Explain why a regular television is unsuitable for the particular project,
and explain how this item will enhance your organization's overall ability
to prevent, plan, respond to and recover from a terrorism event.)
GIS plotter and software
Telephone systems
Software development
Commercial off -the -shelf (COTS) software
CeIEMA JRICRF rev Y127109
Installation of JRIC items
Miscellaneous connections for JRIC items
Standardized mapping software
Standardized emergency management software
Installation of JRIC items
Miscellaneous. connections for JRIC items
Leasing Costs (Indicate starting and ending dates of lease and explain
the circumstances under which the moving or leasing costs will be
incurred.)
Other (trust provide list/description of "other" items and costs)'
TOTAL - JRIC Supplies and Equipment
6. Explanation of "other" items:
7. Has your organization determined the costs are reasonable?
Submitted by Date:
(Name) (Signature)
Ca1EMA JRJCRF rev 8127109
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Juarez, Debbie
From: Lazar, David BC
Sent: Wednesday, June 01, 2011 9:39 AM
To: Juarez, Debbie
Subject: RE: 2009 UASI Agreement - Transmittal Letter 03-17-11
Hi Debbi,
No, I have not had any correspondence back from Gabriela Jasso. If I do I will let you
know and if you would do the same I would appreciate it. Thanks for following up, we will
keep in touch.
Thank You
Dave
-----Original Message -----
From: Juarez, Debbie
Sent: Wednesday, June 01, 2011 7:59 AM
To: Lazar, David BC
Subject: FW: 2009 UASI Agreement - Transmittal Letter 03-17-11
Good morning, David. I'm just following up on this agreement and wanted to find out if
you have received it from Gabriela Jasso. If so, then please send me the original for the
file. Thanks and have a great day.
---------------------------------------------------------
Deborah Juarez
Records Management Assistant
City of Vernon - City Clerk's Office
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
-----Original Message -----
From: Juarez, Debbie
Sent: Thursday, April 28, 2011 8:59 AM
To: Lazar, David BC
Subject: 2009 UASI Agreement - Transmittal Letter 03-17-11
For Your Reference
1
E
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 17, 2011
Ms. Gabriela Jasso, Contracts Specialist
Office of Mayor Antonio R. Villaraigosa
Homeland Security and Public Safety Team
200 N. Spring Street, Room 303
Los Angeles, CA 90012
Re: Agreement — 2009 Urban Areas Security Initiative Grant Program
Dear Ms. Jasso:
Transmitted herewith are two partially executed agreements with the city seal, as referenced
above, approved by City Council on March 1, 2011, through Resolution No. 2011-28.
Please return one fully executed original agreement to the undersigned.
If you have any questions regarding this matter, please call Fire Chief Mark Whitworth, at (323)
583-8811 ext. 280.
Very ruly yours
WILLARD G. N
City Clerk
WGY:dj
c: Resolution No. 2011-28
Agreement File No. 11-025
E#fusivei5 Industriaf
RESOLUTION NO. 2011--76
A RESOLUTION OF .-THE CITY•COUNCIL OF THE; CITY OF
VERNON APPOINTING WILLARIJ G. . YAMAGUCHI TO SERVE AS .
THE INTERIM CITY ATTORNEY -OF THE. CITY OF VERNON
WHEREAS, on July 13, 2009, the City Council of.the,City of
...Vernon adopted.Resolution No, 9990 approving an agreement with.,.
Richards, Watson & Gershon ("RWG") to provide City Attorney services
to the City.; aril
WHEREAS, RWG. resigned effective November 1, 207.0; and
WHEREAS, on November-1, 2010; by minute order, the City
Council of the City of Vernon appointed Willard G. Yamaguchi as
Interim City Attorney; and
WHEREAS, the City Council of the City of Vernon desire'8 to
memorialize the appointment of. Willard G. Yamaguchi to serve as Interim
City Attorney of the City of Vernon, while retaining his title and
duties as Risk Manager and City Clerk,
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
finds and. -determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City.. of Vernon hereby
appoints Willard G. Yamaguchi to serve as the Interim City Attorney, of
the City of Vernon effective November 1, 2010, and he .shall serve
until such.time as the City Council approves his removal or appoints
another person to the position of City Attorney. Such appointment is
made with no additional compensation and is in addition to his title
and duties as Rislc Manager and City Clerk.
SECTION 3: The City Clerk of the City of Vernon shall
certify to the passage, approval and .adoption of this resolution, and
the City Clerk of the City of, Vernon shall cause, this resolution and
the City Clerk's -certification to be entered in the File of
Resolutions of the Council of this City,
APPROVED AND ADOPTED this 3Id day of May, 2011.
Name: Hilari6 Gonzales
Title: Mayor
AT ST : .
Wi Lard G. Yam hi, `.ty Clerk
—2_
STATE. OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES )
T; Willard G. Yamaguchi, City Clerk of the City'of Vernon -,.do
hereby certify that the foregoing .Resolution,. being .Resolution
No. 2.011-76,'was duly passed,.approved and adopted by.the;City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, May 3, 2011, and thereafter was duly signed by the
Mayor'or Mayor'Pro-Tem of.the City of Vernon...
Executed this day of May, 2011, at Vernon, California.
illa d G, m guc City Clerk
( SEAL)
3
Page 1 of 1
Juarez, Debbie
From: Juarez, Debbie
Sent: Tuesday, June 14, 2011 2:22 PM.
To: Whitworth, Mark; Lazar, David BC; Martinez, Luz; 'Gabriela.jasso@lacity.org';
'Alisa.finsten@lacity.org'; Yamaguchi, Willard
Subject: PARTIALLY EXECUTED UASI 2009 SUBRECIPIENTAGREEMENT
Attachments: UASI 2009 SUBRECIPIENTAGREEMENT.PDF
6/14/2011
Page 1 of 2
Juarez, Debbie
From: Lazar, David BC
Sent: Tuesday, June 14, 2011 7:50 AM
To: Enomoto, Kristen
Cc: Juarez, Debbie
Subject: FW: Status Check for UASI 09 Subrecipient Agreement
Hi Kristen,
This is my latest correspondence from LA City. What we need to do is have Willard sign a copy
of the UASI 09 contract with the embossed city seal and forward this to LA City. We should also
send a copy of the resolution which gives Willard the authority to sign, If you could, would you
please let me know when this has been done. I will follow up today with Gabriela Jasso with our
plan to have this contract executed.
Thank You
Dave
David Lazar, Battalion Chief
Vernon Fire Department
4305 S. Santa Fe Ave.
Vernon, CA 90058
(323) 583-4821 Ext. 510
(323) 353-1061 Cell
dlazar@ci. vernon. ca. us
From: Gabriela Jasso [mailto:gabriela.jasso@lacity.org]
Sent: Friday, June 10, 2011 2:32 PM
To: Phelps, Tom; WELLIK, LISA; Kevin. McGowan@smgov.net; Cindy Tomlinson; Lazar, David BC
Cc: Alisa Finsten
Subject: Status Check for UASI 09 Subrecipient Agreement
f li,
On April 27, 2011, Alisa Finsten emailed you regarding the status of the UASI 09 Subrecipient
Agreement. She asked that you communicate a detailed plan for obtaining the necessary
signatures on the part of your jurisdiction and returning the signed document to our office by
COB, Friday, April 29th. We received updates from your jurisdiction with your intent to
executed immediately. ,
Nonetheless, it has been a little over one month and we have not yet received your executed
contract. Please advise me of the current status of the subrecipient agreement and cc' Alisa.
If you have any questions, feel free to contact me at your earliest -convenience,
Thank you,
Gabby
6/14/2011
Page 2 of 2
Gabriela V. Jasso
Contract Specialist
Office of Mayor Antonio R. Villaraigosa
I4omeland Security and Public Safety Team
200 N. Spring Street, Room 303
Los Angeles, CA 90012
p. 213.978.0756
f. 213.978.0718
abg riela.jassonlacity.org
What you. can do for your City!
6/14/2011
Juarez, Debbie
.From: Lazar, David BC
Sent: Tuesday, August 23, 2011 11:28 AM
To: Juarez, Debbie
Subject: Re: PARTIALLY EXECUTED UASI 2009 SUBRECIPIENT AGREEMENT
Hi Debbie,
LA City is not going to sign the contract until the disincorporation is resolved. Chief
Whitworth is aware of this.
If you have any questions I will be back on tomorrow.
Sent from my iPhone
On Aug 23, 2011, at 11:17 AM, "Juarez, Debbie" <DJuarez@ci.vernon.ca.us> wrote:
> Hello. Please let me know the status of this agreement. Thank you.
> ---------------------------------------------------------
> Deborah Juarez
> Records Management Assistant
> City of Vernon - City Clerk's Office
> 4305 Santa Fe Avenue
> Vernon, CA 90058
> (323) 583-8811<mailto:DMedina@ci.vernon.ca.us>
> From: Juarez, Debbie
> Sent: Tuesday, June 14, 2011 2:22. PM
> To: Whitworth, Mark; Lazar, David BC; Martinez, Luz;
> 'Gabriela.jasso@lacity.org'; 'Al.isa.finsten@lacity.org'; Yamaguchi,
> Willard
> Subject: PARTIALLY EXECUTED UASI 2009 SUBRECIPIENT AGREEMENT
> <UASI 2009 SUBRECIPIENT AGREEMENT,PDF>
1