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Resolution No. 2011-028 (2)OFFICE OF THE MAYOR ANTONIO R. VILLARAIGOSA September 27, 2011 Chief David Lazar Vernon Fire Department 4305 South Santa Fe Ave Vernon CA 90058 RE: Subrecipient Agreement No. C-1196231 UASI 09 Grant Dear Chief Lazar, Enclosed, please find the executed UASI 09 Subrecipient Agreement No. C-119623 between the City of Los Angeles and the City of Vernon. Should you have any questions or concerns, please do not hesitate to contact Nikki Dibling-Moore at (213) 978-922-9720 or myself at (213) 978-0756. Thank you. Very truly yours, 6*L�� QWbriela V. Jasso Contract Specialist Office of the Mayor Homeland Security and Public Safety Encls. 200 NORTH SPRING STREET • Los ANGELES, CALIFORNIA 90012 sd� PHONE: (213) 978-0600 • FAX: (213) 978-0750 EMAIL: MAYOR®LACITY.ORG SUBRECIPIENT AGREEMENT Jurisdiction: City of Vernon Title: FY 09 Urban Area Security Initiative (UASI) Grant Program City Contract Number C-1196�z3 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 §104. Conditions Precedent to Execution of This Agreement ...................................... 7 li. 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 Program ............. 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'09SubrecipientAgreement ii 1/10 EXHIBITS Exhibit A Insurance (Not applicable to this Agreement) Exhibit & Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit C Certification Regarding Lobbying Exhibit Certification Regarding Drug Free Requirements Exhibit E Grant Assurances Exhibit F ParHV: Application and Submission Subpart E Funding Restrictions Exhibit G Part Vill, 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 C-11I'Q3 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 andbetween 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/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 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 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: 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 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 Partv Subrecipient is actinghereunder 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 It. 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/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 UASI09Subrecipient 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. 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. 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 $Ought. 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 CaIEMA/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 CaIEMA 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 CaIEMA 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 1110 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 programfor 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 hftp://www.rkb.mipt.ora (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 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 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 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) and must be pre - authorized by CaIEMA at htto://www.ohs.ca.aov/hseeo/TrainingHome.html. A catalogue of Grantor approved and sponsored training courses is available at htto://www.firstrespondertrainino.00v/odo webforms. Any exercise 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). Detailed Homeland Security Exercise and Evaluation Program Guidance is available at htto://hseen.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 htto://www.homeland.ca.00v 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 GuideAnes 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 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 approved by the City and CaIEMA 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 Ill. 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 Subrecipient Agreement 1s 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 44 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 CaII=MA 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 CalEMA 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 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. UASI09 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 Itability 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 parry'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. UASI09SubrecipientAgreement 19 1l10 §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, bylaw 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 -parry 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: 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 at sec. 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. 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. 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 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 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 Govemments, 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 wittrDisabilities Act 1990 ("ADA"), 42 USC §§ 12101 et sea., and its implementing regulations, including Subtitle A, Title II 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. 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 CaIEMA/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 (5 U.S.C. §§1501-1508 and 7324-7328), which limit the political activities UASI 09 Subrecipient Agreement 25 1/10 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 at 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 at seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (1) Title 44 Code of Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination; 0) 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 compiled, with the requirements of Titles It and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §4601 at 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. Subrecipient shall comply with, and provide any information requested by DHS/FEMA/CalEMA 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; (a) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 at 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 (1) 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 writterrapproval 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 at 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 at 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/CalEMA 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 at 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. 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 D and made a part hereof. UASI09SubrecipientAgreement 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, exer.:utive 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 //; 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; 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/CalEMA . Unless there is a prior agreement between the City and Grantor/FEMA/CalEMA , Grantor/FEMA/ CaIEMA 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.G. 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 FIR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FIR 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/CaIEMA 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 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. 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 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 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 Subrecipient Agreement 33 1110 §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 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 F LOS ANGELES CARMEN A. TRUTANICH, City Attorney ANTONIO . V LARAI S� r By BY Depu C' y Attorney �? 3 I tonio R: Villaraigosa, Mayor Date I Homeland Security and Public Safety, Mayor's Office SEP 23 2011 ATTEST: Date JUNE LAGMAY, City Clerk �'--- By epu City Clerk ',�• Date � �f APPROV AS TO FORM: For: City of Vernon a municipal corporation By eY Ti d amaguch By Int r �n C ty orney Hilario Gonzales, Mayor Date �//9/ Date ATTEST: [SEAL] By CI Cl"k W lla d Ya uchi Date City Business License Number: Internal Revenue Service ID Number: Council File/OARS File Number: aq- /2 Date of Approval 0£� 0 3 le City Contract Number UASI09SubrecipientAgreement 37 1/10 Exhibit A Insurance (Not applicable to this Agreement) 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. 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 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 Pro rg ams. 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) 1. 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 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. AGREEMENT NUMBER City of Vernon Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE .TURF DATE Willard G. Yam chi, City Clerk 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: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite .for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER City of Vernon Mark Whitworth, City Administrator NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SpTURE DATE A ST• Willard G. Y tg chi, C ty Clerk Exhibit D Certification Regarding Drug Free Requirements CERTIFICATION REGARDING DRUG FREE WORKPLACE ACT REpUIREMENTS (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: 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 Subrecipieut 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. Citv of Vernon AGREEMENT# SUBRECIPIENT Mark Whitworth, City Administrator Exhibit E Grant Assurances California Emergency Management Agency Name of Applicant: La SS FY09 Grant Assurances (All HSGP Applicants) Ier /i on q D-e4" Ukrba n Aiv-&- Address: g�oo o� rtn 5 nj si��' , warn 3 a 3 �/M CIty: L05 lfY\iTd " State: C-A Zip Code: 9 0©) 2 Telephone Number: 3 — ¢ — "Yax Number: %i 11' 01 if &Mail Address: I &L". s h 6 (a 1 aC-1 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 (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 govemmen4 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. 6. Will provide progress reports, 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. 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/FEMA'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 gubgranthes 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 nondiscriminatiodon 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 at 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. 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 fiords, 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 subgran ees 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 M of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-6461) 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 (BHP) 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 BHP resources without the prior written approval of D14S/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/Cal BMA 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. 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 (P1. 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 8607.1(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 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 ofcial position or policies ofFEMA's Grant Programs Directorate or the U.S. 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. 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 prescribers 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 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 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted -construction 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. 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.snstructions. G. 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 subcontraot(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 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. Ts consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with 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 29, 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 CM 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 31.2 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 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 DHWEMA/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: 1. 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 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 -free workplace; Ill. 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). X/ Page 7 Init 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 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 under 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. 1. 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 enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug-ftee workplace through implementation of paragraphs (a), (b), (o), (d), (e), and (1). 46. Wifl 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 assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Printed Name of Authori COy%-%N 'P Pefl sy Date: O f M W 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 http //www archives goov/federal-reaister/codihcaflon/executive- order/12372.htmh The names and addresses of the SPOCs are listed on OMB's home page available at: http•//www whitehouse.aovlomb/arantslsooc.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,.DisasterAssistance, 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 Vill 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 3 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 activities5. 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 tti 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 a 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 Wil have a meaningful Impact In the reductlon of risk 5 Note: Both organizational costs (e.g.. Intel analysts, operational overtime) od 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: • 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 hftos.1Avww.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 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 http://hseep. dhs. aov. All exercises using HSGP funding must be NIMS compliant. More information is available online at the NIMS Integration Center, ht.Ilwww.fema.,ciovfemeroencv/nimsrndex.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 (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 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 m • 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 http✓/www.fema.aov/plan/ehp/, Law Enforcement Terrorism Prevention -Oriented Allowable Costs Section 2006 of the Homeland Security Act, as amended by the 9111 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 centers; • 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. DNS 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 (TWIG) 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. 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 GRT and submit the required application materials in grants.gov. 42 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 PART Vill. OTHER INFORMATION - HSGP ALLOWABLE COSTS FY 2009 Allowable Cost Matrix 63 64 Allowable Program Activities Current as of IFY 00•Programs* See the respective program guidance for ad.ditiona requirements Overtime and backflll expenses for part-time and volui response personnel participating in FEMA training Training workshops and conferences Full- or part-time staff or contractors/consuitants Travel Supplies Tuition for higher education Other items A116i�'�61e Exercise Related Costs Design, Develop, Conduct and Evaluate an Exercise Exercise planning workshop Full- or part-time staff or contractors/consultants Overtime and back costs, Including expenses for p! volunteer emergency response personnel participatin exercises Implementation of HSEEP Travel Supplies Other items Allowable Management & Administrative Costs Hiring of full- or part-time staff or contractors/consults the management of the respective grant program, ap requirements, compliance with reporting and data co -requirements Development of operating plans for information colle processing necessary to respond to FEMA data call: Overtime and backflll costs Travel Meeting related expenses Authorized office equipment Recurring expenses such as those associated with c faxes during the period of performance of the grant l Leasing or renting of space for newly hired personnc of performance of the grant program 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 (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 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 preventionl activities including: a 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)e 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 EOPs 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: .• • 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 government/non-governmental collaboration, citizen preparedness, and volunteer participation • Developing and Implementing a community preparedness strategy for the State/localljurisdiction • 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 httos•//www.citizencoras.00v. 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-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 FY 2009 MMRS grant. The cost of disposal cannot be carried over to another FEMA grant or 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 h(tns://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 httn'f/www iirstrespondertraininmaov/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 http•//www tirstrespondertrainina.aov/odp 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 http //www flrstrespondertrainina aov/od 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 http.lAvww.firstwoondertrainina.aov/odp 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 may 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 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 • 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 SAAlTPOC. A full description of the FEMA Course Development, Review, and Approval Process, as well as the approved course catalogs, can be found at http:/lwww.firstrespondertraininp.gov/odn 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 TPOCs are encouraged to review the FEMA Strategy for Blended Learning and access the Responder Training Development Center (RTDC) available at ham://www. firsfresnondertraining. ao v/admin. 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: 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 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 -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 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 Backflll 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 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 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 (https://hseep.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 and, 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 III,"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 I -Plan); or they anticipate that they will apply to be a venue for a Tier t 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. 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 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: 79 • 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 applicants 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 Backfili — 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). M 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 VII of this guidance document. The list of approved courses will be constantly updated and can be accessed in the FEMA catalog at htta://www.firstresnondertraininp.crov/oda 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 IN 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 cybex 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 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 Basic Information: Use Exhibit N Sole Source Request Form CALIFORNIA EMERGENCY MANAGEMENT AGENCY Homeland Security Grant Program (please check): ❑ UASI FY 06, Grant #: 2006-0071, CalEMA ID #: 037-95050 ❑ UASI FY 07, Grant #: 2007-0008, CalEMA ID #: 037-95050 ❑ UASI FY 08, Grant #i 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 Date: (Name) (Signature) CelEMA SSRF rev T1109 Exhibit O Intentionally Omitted Exhibit P Reimbursement Request Form CITY OF LOS ANGELES URBAN AREA SECURITY INITIATIVE GRANT Reimbursement Request Form Return Expenditure Reouests 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 Fax: 213.978.0718 Expenditure Period: to Project Letter. Prepared By: UASI FY07 ❑ Master Item #: Phone No.: UASI FYOS ❑ 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 Dale Phone No. (extension) Fax No. E-mail Address Please Remit Payment to: Agency Address City State Zip Reference No. .:............._....::.::.::::._:::,:,,::.,;colRtpisltid.kf �.,,$PS'figcoutldfi9:D.tlp�rfmbrlt;�•,::. , :::....,. , : DHSIOES Reimbursement Request By: Transaction ID: Date: DHS(OES Reimbursement Received: Cash Receipt No. JV No. Transfer to Depart Date: JV No. Invoice No. HSPS #: Exhibit Q Aviation Equipment Request Form CALI 4ORNU EMERGENCY MANAGE Im, NT AGENCY GRANTS DIVISION AVIATION REQUESTS Homeland Security GrantTrogram 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 EMERGENCY MANAGE, MENf AGENCY GRANTS DIVISION 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. S. 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 (EOQ REQUEST What type of EOC does your organization plan to establish/enhance? (Choose one of the following) Primary EOC 2. Physical address of facility Altemate/Back-up/Duplicate EOC 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). 2 5. 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 EOC in the table below. Supplies/Equipment AEL # Uost 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 190C 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: Has your organization determined the costs are reasonable? Submitted by Date: (Name) (Signature) CalEMAEOCRFrev &27/09 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# ESTABLISH/ENHANCE JOINT REGIONAL INTELLIGENCE CENTER (MCI REQUEST 1. What type of JRIC does your organization plan to establish/enhance? (Choose one of the following) Primary JRIC Altemate/Back-up/Duplicate JRIC 2. Physical address of facility 3. Describe how the establishmentlenhancement 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/Equipment ALL rf ��sa s LNetworkervers 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 CalEMA,IRICRF rev 8127A79 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 (Name) (Signature) Date: CeIEMA JRICRF rev 8/27109 Exhibit T Forma Project Timeline