Resolution No. 2014-034 (2)RESOLUTION NO. 2014-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF AN
APPLICATION FOR THE 2014/2015 HAZARDOUS MATERIALS
EMERGENCY PREPAREDNESS PLANNING GRANT
WHEREAS, the Federal Hazardous Material Law authorizes the
United States Department of Transportation ("DOT"), through the
Research and Special Programs Administration ("RSPA"), to provide
assistance to public sector employees through training and planning
grants; and
WHEREAS, the purpose of the Hazardous Materials Emergency
Preparedness ("HMEP") grant program is to increase effectiveness in
safely and efficiently handling hazardous materials accidents and
incidents, enhance implementation of the Emergency Planning and
Community Right -to -Know Act of 1986_ ("EPCRA"), and encourage a
comprehensive approach to emergency training and planning by
incorporating the unique challenges of responses to transportation
situations; and
WHEREAS, the City is required to have an emergency
preparedness plan ("Area Plan") to assist the City Departments, along
with the City of.Vernon Fire Department First Responders, in managing
emergencies and is required to maintain the Area Plan annually; and
WHEREAS, the California Office of Emergency Services ("Cal
OES") is now.accepting applications for Hazardous Materials Emergency
Preparedness Planning Grant Funds for FY.2014/2015; and
WHEREAS, in order to meet the grant application deadline,
the Director of Health & Environmental Control executed and submitted
the Hazardous Materials Emergency Preparedness Planning Grant
application materials on behalf of the City of Vernon, subject to
ratification by the City Council; and
WHEREAS, Vernon is expected to receive Ten Thousand Dollars
($10,000) for the fiscal year 2014/2015, and would utilize the funds
to hire a part-time employee to research and facilitate the
implementation and update of the Area Plan for the City; and
WHEREAS, by memorandum dated June 17, 2014, the Director of
Health & Environmental Control has recommended that the City Council
ratify the execution of the applications for Hazardous Materials
Emergency Preparedness Planning Grant Funds for FY 2014/2015.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and ratifies the submittal of the application for the
California Office of Emergency Services Hazardous Materials Emergency
Preparedness; Planning Grant Funds for FY 2014/2015 (the "Application"),
a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
ratifies the execution of the Application by the Director of Health &
Environmental Control on behalf of the City of Vernon and hereby
authorizes the Director of Health & Environmental Control to execute
any and all documents, including but not limited to, applications,
agreements, amendments and requests for payment, necessary for the
purposes of securing funds for, and on behalf of, the City of Vernon
and to take whatever actions are deemed necessary or desirable for the
purpose of implementing and carrying out the purposes of this
Resolution and the actions herein approved or authorized.
- 2 -
SECTION 4: The City Council of the City of Vernon hereby
directs the Director of Health & Environmental Control, or his
designee, to submit electronically a copy of this Resolution to
Cal OES.
SECTION 5: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 17th day of June, 2014.
Name: W. Michael McCormick
Title: Mayor / yor -
ATTEST:
Ana kjsae6lav
k / Deputy City Clerk
APPROVED AS TO FORM:
Moussa, Deputy City Attorney
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Ana Sarcia =� / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2014-34, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, June 17, 2014,,and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this liq day of June, 2014, at Vernon, California.
(SEAL)
- 4 -
Ana Sarci
--e±t7--GA�/ Deputy City Clerk
EXHIBIT A
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
Leonard Grossberg, Director / Health Officer
4305 Santa Pe Avenue, Vernon, California 90058
Telephone (323) 583-8811
June 2, 2014
Cal OES
3650 Schriever Ave.
Mather, CA 95655
Attn: Neverly Shoemake
Hazardous Materials Emergency Preparedness Planning Grant Application Materials
Enclosed please find the City of Vernon documents associated with the Hazardous Materials
Emergency Preparedness Planning Grant. If you have any questions or continents, then please
contact Vernon Health & Environmental Control Department at (323) 826-1420.
Sincerely,
Leonard Grossberg, MPA, REHS
Director / Health Officer
Ecfusivefy Industridf
APPLICATION FORM
Hazardous Materials Emergency Preparedness Planning Grant
Due: June 2, 2014
Applicant: Date:
City of Vernon Health and Environmental Control/City of Vernon Fire Department June 2, 2014
Project Title:
Area plan validation: table top exercise for a crude oil release from rail to the Los Angeles River
Mailing Address: Project Start Date:
City of Vernon: Health and Environmental Control
430S Santa Fe Avenue May 1, 2015
Vernon, California 900S8 Project End Date:
August31,2015
Project Manager Name, Title, Phone Number, E-Mall Address:
David LeDuff, Chief Deputy Director, (323)583-8811 x 256, dleduff@ci.vernon.ca.us
Estimated Budget
Total Budget: 14707 (100%)
HMEP Share: 10000 (80%)
Local Match: 4707 (20%)
CERTIFICATION
I certify that I have read and understand the terms and conditions contained in the HMEP Guide and Application Package,
and that to the best of my knowledge the Information contained In this application and supplemental information Is correct
and complete.
Print Name and Signature f ized Agent: Date:
Leonard Grossberg June 2, 2014
ADMINSITRATIVE
Print Name / Signature of LEPC Region Chair: Date:
Print Name / Signature of Cal DES LEPC Support Staff: Date:
Print Name / Signature of Cal OES HMEP Grant Administrator. Date:
Print Name / Signature of Cal DES Hazardous Materials Section Manager: Date:
APTY2019
PROJECT NARRATIVE
Applicant: City of Vernon Health and Environmental Control/Vernon Fire Department
Project Title: Area plan validation: table top exercise for a crude oil release from rail to the LA River
Narrative:
ie proposed project consists of three main elements to foster continuous improvement in the knowledge and
ilities of local hazardous materials responders. The first element is a review and update of the existing area
m which received significant attention in 2004 with limited revisions in the last ten years as the CUPA and fire
encies experienced reductions in staff. The second element of the project seeks to develop an improved
derstanding of crude oil rail deliveries in the City and adjacent areas. The City is bordered on the west by the
ameda Corridor and to the north by Hobart Yard. These areas handle significant volumes of industrial rail
ffic and elevate the likelihood of crude oil deliveries in the jurisdiction. The third and final element of the
eject involves a test of the communications and notifications aspects of the area plan. A table top exercise will
utilized to test the notifications and communications processes associated with a hypothetical release of crude
from a rail car in transit with release impacts to City streets and the Los Angeles River.
Objectives:
ie objectives described below are aligned with the three elements of the project as described above. First, the
date of the area plan is intended to provide an improved resource for first responders in the event of a chemical
ease during transportation activity. The number of amendments to the plan will be tracked to help end users
derstand what sections were changed during the update. The second aspect of the proposal will utilize
erviews with crude oil stake holders in the jurisdiction or region to gain an improved understanding of current
d future rail delivery activity related to crude oil. An improved understanding of crude oil transit activity
)uld benefit first responders and management as they attempt to plan, staff and allocate resources for future
ely incidents within the City. Finally, testing the area plan via a table top exercise should provide insights with
pect to the validity of the updated area plan. The exercise should also test the ability of the responders as they
empt to make timely and correct notifications to the appropriate agencies and departments.
Personnel performing grant activities:
e personnel involved in the administration of the grant will include representatives of the City of Vernon
alth and Environmental Control Department and the City of Vernon Fire Department as well as members of
City Emergency Operations Center team. The Director of Environmental Health and Control will maintain
feral supervision of the project. The project management aspects will be handled by the Chief Deputy Director
Environmental Health and Control. A staff Environmental Specialist will execute project tasks such as editing
; plan, interviewing crude oil transit stakeholders, developing the table top exercise and conducting general
earth to support successful completion of grant tasks. The project time lines will be monitored by updates and
sorting at a monthly staff meeting during the grant period. The hours allocated to grant activities will be
eked with biweekly reports of hours specific to the scope of the project. The Fire Chief and Director of Health
l Environmental Control will be directly involved in the final draft of the updated Area Plan to support the
ation and distribution of an updated and functional resource for first responders.
Overall contribution:
e scope of the project is consistent with the State objectives in the following aspects: 1) it improves an existing
ergency plan (the area plan) with particular attention to incidents involving transportation of hazardous
terials 2) it includes an exercise that is associated with the area plan 3) and it is intended to foster a deeper
lerstanding of the flow and transport of hazardous materials or more specifically crude oil via rail lines in the
ject jurisdiction.
April 2014
PROJECT NARRATIVE
Applicant: City of Vernon Health and Environmental Control/Vernon Fire Department
Project Title: Area plan validation: table top exercise for a crude oil release from rail to the LA River
Narrative:
1
Project management:
ie project will employ various techniques to accomplish core tasks. The editing of the area plan will employ
rious personnel from the City departments with significant input from first responders residing in the Health
d Environmental Control Department and Fire Department. The analysis of crude oil transport patterns will
lize interviews with stakeholders in the City such as but not limited to Exxon Mobil, BNSF and the Alameda
rrridor Transportation Authority. The interviews will take place via telephone or in person to best suit the
mfort level and time constraints of the subjects. The table top exercise will incorporate first responders while
=porating Emergency Operations Center personnel. The pertinent parties have agreed to the plans, strategies
d practices.
Evaluation:
e short term results will be measured in various ways. The changes to the area plan will be tracked to assist
d users in the differences between the previous plan and any updated information. The insights regarding crude
flows in the City will be shared with first responders and incorporated into the area plan as appropriate.
edback will be monitored over time as first responders utilize the area plan as a functional resource. Finally, at
: conclusion of the table top exercise, Emergency Operations Center members and first responders will be
+en an opportunity to provide input and evaluate the need for additional resources or planning.
Results:
the conclusion of the project the City should maintain an improved understanding of crude oil rail deliveries in
jurisdiction. Additionally, first responders and City Emergency Operations Center personnel should have an
derstanding of the essential communications and notifications associated with a release of crude oil from a rail
to the City streets and Los Angeles River. Finally, an updated area plan should provide the City with a
midable resource to support planning for and responding to hazardous materials transportation incidents. This
31ication is not connected to any previous HMEP grant funding opportunities nor is it intended to address any
3s identified in an After Action Report.
Justification:
e grant is consistent with the Cal OES objective pertaining to improving emergency area plans relating to
mrdous materials transportation incidents. Furthermore, it supports hazardous materials first responder
ining by incorporating a table top exercise. Finally, it seeks to identify hazardous materials transportation
ivity in the jurisdiction. The industrial focus of the City translates into significant rail activity and transport of
:micals. The volumes and frequencies of the crude oil shipments emanating from the Alameda Corridor via
Port of Los Angeles as well as the shipping activities of Hobart Yard are not well understood by hazardous
terials responders. Additionally, the Los Angeles River bisects a major portion of the municipality and
comes a likely receiving water for chemical releases from rail cars. The presence of an updated plan, validated
an exercise, and supported with new information on commodity flows is intended to support proactive
nning for future hazardous materials response incidents in the jurisdiction.
April 2014
WORK SCHEDULE AND DELIVERABLES
Applicant: City of Vernon Health and Environmental Control /Fire Department
Project Title: Area plan validation: tabletop exercise for a crude oil release from rail to the L.A. River
Project Activities, Tasks & Delliverables Major Milestones
MONTHLY PROGRESSSCHEDULE
Mugu UU1100
Area plan revisions pages rArea
■■■■.■■�■■■■
plan revisions pages r r
Area pages r
■■■■■.■■■E■■
Area plan revisions pages 151-184
■■■■■■■■■■N■
Crude oil transport Interviews
Summarize interview/research findings
■■■■■■■■■■■■
Table top exercise development
■■■■■■■■N■■■
Table top exercise activity
Exercise evaluation and conclusion
■■■■■■■■■■■■
Distribution of revisedarea ..
■■■■■.■■■■�.
Grant conclusions/recommendations
■■■■■■■■■■■■
■.■■■■■■■■■■
■■■■■■■■■■■■
■.■■■■■■■■■■
■■■■■■■■■■■■
■■■■■■■.■■■.
■■■■■■■■■■■■
■■■■■■■■■■■■
List significant activities above that will take place during the performance period, along with project tasks and dellverables or
major milestones within each activity. The expected progress of each activity is indicated by placing and "X" in the appropriate
"monthly progress schedule" box, where "1" represents October and 012" represents September. Changes to the activity schedule
as actual progress occurs will be identified In the Quarterly Performance Report.
Augmt1013
BUDGET SHEET
Applicant: City of Vernon Health and Environmental Control/Fire Department
Project Title: Area plan validation: table top exercise for a crude oil release from rail to the L.A. River
PERSONNEL SERVICES t
Salaries and Wages:
OPERATING 2
Travel:
Office Supplies:
Facility Rental:
Communications:
Printing:
Postage:
Other Direct Expenses:
SUBTOTAL:
PROFESSIONAL SERVICES:3
Contractor/
TOTAL:
HMEP SHARE
$10,000.00
LOCAL MATCH
$4,707.00
TOTAL BUDGET
$14,707.00
$10,000.00
$4,707.00
$14,707.00
$10,000.00
$4,707.00
$14,707.00
t On a separate sheet (Budget Narrative), Indicate the personnel who will be working on the project, the estimated amount
of time on each major portion of the project, and their salary rate. Indirect costs are not allowed.
2 On a separate sheet (Budget Narrative), itemize and describe how the dollar amounts were derived and how the Items will
be used for the project.
3 On a separate sheet (Budget Narrative), itemize expenses (Le., travel, equipment, general operating expenses, salaries, and
other costs).
NOTE: No Overtime or Bachfill, No Equipment, No Software (except CAMEO)
August2g13
Salary:
Budget Narrative: City of Vernon
HMEP Salary —Total (68%): $10,000
Environmental Specialist: will conduct the tasks of editing the area plan, developing and coordinating
the table top exercise, and researching the commodity flows of crude oil in the jurisdiction. The
individual's hourly wage is $47/hour and will be employed during the four months of the grant. The
total hours for the specialist shall not exceed 216 and will be spread over the four month period with
weekly totals of 10-30 hours per week.
Soft match —Total (32%): $4707.52
Health and Environmental Control Department Director: maintains the role of Financial Officer for this
project, participates in the Emergency Operations Center table top exercise, supports the editing of the
area plan, and reviews findings of the commodity flow assessment. The individual is expected to
contribute approximately two hours per week for 16 weeks at a rate of $93.72/hour. The total soft
match contribution for this individual is $2999.04
Fire Chief: supports the editing and updates to the area plan, participates in the development and
implementation of the Emergency Operations Center table top exercise, reviews the findings of the
commodity flow assessment, supports the distribution of the final area plan. The individual is expected
to contribute approximately one hour per week for 16 weeks at a rate of $106.78/hour. The total soft
match contribution for this individual is $1708.48
Travel, office supplies, facility rental, communications, printing, postage, other direct expenses, or
contractor: these items are not applicable for the proposed scope of work.
PROJECT TOTAL: $14,707.
DESIGNATION STATEMENT
Applicant: City of Vernon Health & Environmental Control/City of Vernon Fire Department
Project Title: Area plan validation: table top exercise for a crude oil release from rail to the L.A. River
Project Manager: David LeDuff
Title: Chief Deputy Director
Financial Officer*: Leonard Grossberg
Title: Director
Phone#: (323)583-8811 x256
E-Mail Address: dleduff@cimernon.ca.us
Phone#: (323)583-8811 x231
E-Mail Address: Grossberg@ci.vernon.ca.us
Total Project Budget: 14707 (100%)
HMEP Share:
10000
(80%)
Local Match: 4707 (20%)
* FINANCIAL OFFICER CANNOT BE THE PROJECT MANAGER
AUTHORIZED AGENT CERTIFICATION
I certify that I have the legal authority to make a commitment to the project on behalf of the applicant and that the project manager
indicated above has the responsibility for the daily implementation of the proposed project.
I certify that I am duly authorized to act on behalf of the sub -recipient organization and the sub -recipient agrees with the
requirements of the "Offer and Acceptance" clause, and that the award is subject to the applicable provisions of 49 CFR 4 at seq., 49
CFR Part 18, and of the provisions of the Cal OES Assistance Agreement.
I certify thatthe financial manager indicated above has the responsibility for the fiscal management of the grant and has the legal
authority to certify all financial status reports, invoices, and requests for payments that will be submitted.
I certifythat the Information In the attached application Is true to the best of my knowledge. By submitting this application, I am
making a commitment to the proposed project, budget, match share, and scope of work. (Project Narrative and Work Schedule and
Deliverables.
Leonard Grossberg Director: Health and Environmental Control
(323) 583-8811 x231 (323) 588-4320 Grossberg@ci.vernon.ca.us
one# Fax# E-Mail Address
4305 S. Santa Fe Avenue, Vernon, CA 90058
MgW2013
California Governor's Office of Emergency Services (Cal OES)
Grant Assurances - Non -Construction Programs
for the
Hazardous Materials Emergency Preparedness (HMEP) Grant Program
Name of Applicant: City of Vernon Health and Environmental Control/Vernon Fire Dept.
Address: 4305 S. Santa Fe Avenue
City. Vernon
Telephone Number: (323)583-8811
State: CA
E-Mail Address: Igrossberg@ci.vernon.ca.us
Zip Code: 90058
Fax Number: (323)588-4320
NOTE: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact the Cal OES HMEP Grant Administrator.
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (Including funds sufficient to pay the non -Federal share of project cost) to
ensure proper planning, management and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate,
the State, through any authorized representative, access to and the right to examine all records,
books, papers, or documents related to the award; and will establish a proper accounting system
in accordance with generally accepted accounting standards or agency directives.
3. 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.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
5. WIII 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 of Personnel
Administration (5 C.F.R. 900, Subpart F).
Initlals:
September2013
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not
limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 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 disability,
d. the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age;
e. the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism;
g. §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
h. Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing;
i. any other nondiscrimination provisions in the specific statute(s) under which application
for Federal assistance is being made; and,
j. the requirements of any other nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
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.
8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§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.
9. Will 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), and the Contract Work Hours and
Safety Standards Act (40 U.S.C. 0327-333), regarding labor standards for federally -assisted
construction subagreements.
September2013
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special Flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following:
(a) institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (ED) 11514; (b) notification of violating
facilities pursuant to EO 11738, (c) protection of wetlands pursuant to EO 11990; (d) evaluation of
flood hazards in floodplains in accordance with EO11988; (e) assurance of project consistency
with the approved State management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
§§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L.93-523); and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. §470), EO11593 (identification and protection of
historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
§§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply 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.
16. Will comply 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.
17. Will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act Amendments of 1996 and Office of Management and Budget (OMB) Circular No.
A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing this program.
19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act
(TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -
recipient from (1) Engaging in severe forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial sex act during the period of time that the
award is in effect or (3) Using forced labor in the performance of the award or subawards under
the award.
Initials: V9
September2013
20. Will provide to the Cal DES HMEP Grant Administrator, upon acceptance of a subaward in the
amount equal to or over $25,000, the executive compensation information as required by the
Federal Funding Accountability and Transparency Actt ('Transparency Act" or "FFATA") and
subsequent OMB guidance, which requires that information on the first -tier subawards related to
Federal contracts and grants and the executive compensation of awardees must be made
publicly available.
The applicant must provide the names and total compensation of the five most highly
compensated officers of their organization if
a. the entity in the preceding fiscal year received 80 percent or more of its annual gross
revenues in Federal awards and
b. $25,000,000 or more in annual gross revenues from Federal awards; and
c. if the public does not have access to this information about the compensation of the senior
executives of the entity through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986,
21. Agrees that, as required by Section 1352, title 31 of the U.S. Code, and implemented by the U.S.
Department of Transportation (US DOT) at 49 CFR 20, New Restrictions on Lobbying:
a. No appropriated funds may be expended by the recipient of a Federal contract, grant, loan,
or cooperative agreement to pay 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 any of the following
covered Federal actions: 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.
b. Each person who requests or receives from an agency a Federal contract, grant, loan, or
cooperative agreement shall file with that agency a certification, set forth in appendix A,
that the person has not made, and will not make, any payment prohibited by paragraph (a)
of this section.
c. Each person who requests or receives from an agency a Federal contract, grant, loan, or a
cooperative agreement shall file with that agency a disclosure form, set forth in appendix B,
if such person has made or has agreed to make any payment using non -appropriated funds
(to include profits from any covered Federal action), which would be prohibited under
paragraph (a) of this section if paid for with appropriated funds.
d. Each person who requests or receives from an agency a commitment providing for the
United States to insure or guarantee a loan shall file with that agency a statement, set forth
in appendix A, whether that person has made or has agreed to make any payment to
influence or attempt 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 that loan insurance or guarantee.
Initials: V '�/(� `✓ I September1013
e. Each person who requests or receives from an agency a commitment providing for the
United States to insure or guarantee a loan shall file with that agency a disclosure form, set
forth in appendix B, if that person has made or has agreed to make any payment to
influence or attempt 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 that loan insurance or guarantee.
f. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under grants
and cooperative agreements, and subcontracts) and that all subrecipients shall certify and
disclose accordingly.
22. Will comply with subpart C of the OMB guidance in 2 CFR 180, OMB Guidelines to Agencies on
Government -wide Debarment and Suspension (Non -Procurement) as supplemented by the US DOT
in 2 CFR 1200, Non -Procurement Suspension and Debarment, and certifies that it and its principles:
a. 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;"
b. 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, as defined at 2 CFR 180.220 and supplemented at 2 CFR
1200.220, by any Federal department or agency;
c. Have not within a three-year period preceding this application been convicted of or had a
civil judgment rendered against them for of any of the offenses listed in 2 CFR 180.800(a);
d. 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 listed in 2 CFR
180.800(a); or
e. Have not had one or more public transactions (Federal, State, or local) terminated within
the preceding three years for cause or default; and
f. Will pass the requirement to comply with subpart C of the OMB guidance in 2 CFR 180, as
supplemented by the US DOT in 2 CFR 1200, to each person with whom the applicant
enters into a covered transaction at the next lower tier; and
g. Will attach an explanation to this application if the applicant is unable to certify to any of
the statements in this certification.
23. Will comply with the Drug -Free Workplace Act of 1988, and implemented by the US DOT at 49
CFR 32, Government Requirements for Drug -Free Workplace (Financial Assistance), which requires,
in part, that the applicant:
Initials: _V September2013
a. Must make a good faith effort, on a continuing basis, to maintain a drug -free workplace.
You must agree to do so as a condition for receiving any award covered by this part. The
specific measures that you must take in this regard are described in more detail in
subsequent sections of 49 CFR 32. Briefly, those measures are to --
i. Publish a drug -free workplace statement and establish a drug -free awareness
program for your employees (see §§ 32.205 through 32.220); and
H. Take actions concerning employees who are convicted of violating drug statutes in
the workplace (see § 32.225).
b. Must identify all known workplaces under your Federal awards (see § 32.230).
c. Must apply the requirements of Subpart C to recipients who are individuals.
As defined in 49 CFR 32.635, Drug -free workplace means a site for the performance of work
done in connection with a specific award at which employees of the recipient are
prohibited from engaging in the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance.
24. Part I
Agrees that as a condition to receiving any Federal financial assistance from the Department of
Transportation it will comply with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42 U.S.C.
2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the
Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter
referred to as the Regulations) and other pertinent directives, to the end that in accordance with
the Act, Regulations, and other pertinent directives, no person in the United States shall, on the
grounds of race, color, sex or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
the Recipient receives Federal financial assistance from the Department of Transportation, and
hereby gives assurance that it will promptly take any measures necessary to effectuate this
agreement. This assurance is required by subsection 21.7(a) (1) of the Regulations.
More specifically and without limiting the above general assurance, the Applicant hereby gives
the following specific assurance with respect to the project:
a. That the Applicant agrees that each "program" and each "facility" as defined in subsections
21.23(e) and 21.23(b) of the Regulations, will be (with regard to a "program") conducted, or
will be (with regard to "facility") operated in compliance with all requirements imposed by,
or pursuant to, the Regulations.
b. That the Applicant shall insert the following notification in all solicitations forbids for work
or material subject to the Regulations and, in adapted form in all proposals for negotiated
agreements:
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The Applicant, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.252,
42 U.S.C. 2000d-4 and Title 49 Code of federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted Programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in regard to
any contract entered into pursuant to this advertisement, minority business
enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, sex or
national origin in consideration for an award.
c. That the Applicant shall insert the clauses of item 23.g. of this assurance in every contract
subject to the Act and the Regulations.
d. That this assurance obligates the Applicant for the period during which Federal financial
assistance is extended to the project.
e. The Applicant shall provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to whom he delegates specific
authority to give reasonable guarantee that it, other recipients, subgrantees, contractors,
transferees, successors in interest, and other participants of Federal financial assistance
under such program will comply with all requirements imposed or pursuant to the Act, the
Regulations and this assurance.
f. The Applicant agrees that the United States has a right to seekjudicial enforcement with
regard to any matter arising under the Act, and Regulations, and this assurance.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal
grants, loans, contracts, property, discounts or other Federal financial assistance extended after
the date hereof to the Applicant by the California Governor's Office of Emergency Services and is
binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors
in interest and other participants in the Department of Transportation Program.
Part II
g. During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation
(hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein
Incorporated by reference and made a part of this contract.
ii. Nondiscrimination: The contractor, with regard to the work preformed by It during the
contract, shall not discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
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iii. Solicitation for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work
to be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of
the contractor's obligations underthis contract and the Regulations relative to
nondiscrimination on the grounds of race, color, sex, or national origin.
iv. Information and Reports: The contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the State of California orthe Pipeline and Hazardous Materials Safety
Administration (PHMSA) to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the contractor shall so
certify to the State of California or the Pipeline and Hazardous Materials Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
v. Sanctions for Noncompliance: In the event of the contractor's noncompliance with
nondiscrimination provisions of this contract, the State of California shall impose contract
sanctions as it or the Pipeline and Hazardous Materials Safety Administration may
determine to be appropriate, including, but not limited to:
1. Withholding of payments to the contractor under the contract until the contractor
complies; and/or
2. Cancellation, termination, or suspension of the contract, in whole or in part.
A. Incorporation of Provisions: The contractor shall include the provisions of paragraph 23.
Subsections (g)(i) through (g)(vi) of this assurance are in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall take such action with respect to any
subcontract or procurements as the State of California or the Pipeline and Hazardous
Materials Safety Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that in the event a contractor
becomes involved in, or is threatened with, litigation with a subcontract or supplier as a
result of such direction, the contractor may request the State of California to enter into such
litigation to protect the interests of the State of California, and, in addition the contractor
may request the United States to enter into such litigation to protect the interest of the
United States.
25. Will comply with all provisions of US DOT codified regulation 49 CFR 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments, as
appropriate.
26. Will comply with all provisions of US DOT codified regulation 49 CFR 19, Uniform Administrative
Requirements for Grants and Cooperative Agreements to Institutions of Higher Education, Hospitals,
and Other Non -Profit Organizations, as appropriate.
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27. As appropriate, will comply with 49 CFR 18.36, Procurement, which requires that State and Local
Government Sub -grantees will follow paragraphs (b) through (i) in this section, which include:
b. Procurement standards.
c. Competition.
d. Methods of procurement to be followed --
e. Contracting with small and minority firms, women's business enterprise and labor surplus
area firms.
f. Contract cost and price.
g. Awarding agency review.
h. Bonding requirements.
I. Contract provisions. A subgrantee's contracts must contain provisions in paragraph (i) of
this section. Federal agencies are permitted to require changes, remedies, changed
conditions, access and records retention, suspension of work, and other clauses approved
by the Office of Federal Procurement Policy.
L Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts more than the simplified acquisition threshold)
li. Termination for cause and for convenience by the grantee or subgrantee including
the manner bywhich it will be effected and the basis for settlement. (All contracts in
excess of $10,000)
III. Compliance with Executive Order 11246 of September 24,1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).
(All construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees)
iv. Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for
construction or repair)
v. Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of
$2000 awarded by grantees and subgrantees when required by Federal grant
program legislation)
vi. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which
involve the employment of mechanics or laborers)
Initlais: V��
September2013
vii. Notice of awarding agency requirements and regulations pertaining to reporting.
viii. Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
ix. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
x. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
xi. Retention of all required records for three years after grantees or subgrantees make
final payments and all other pending matters are closed.
xii. Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C.1857(h)), section 508 of the Clean Water Act
(33 U.S.C.1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000)
xiii. Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
28, As appropriate, will comply with 49 CFR 19.40-19.48, Procurement Standards, which requires
that Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations Sub -
grantees will follow the requirements in this section, which include:
a. Purpose of procurement standards.
b. Recipient responsibilities.
c. Codes of conduct.
d. Competition.
e. Procurement procedures.
f. Cost and price analysis.
g. Procurement records.
h. Contract administration.
Contract provisions.
September2013
The recipient shall include, in addition to provisions to define a sound and complete agreement,
the following provisions in all contracts. The following provisions shall also be applied to
subcontracts.
I. Contracts in excess of the small purchase threshold shall contain contractual provisions or
conditions that allow for administrative, contractual, or legal remedies in instances in which
a contractor violates or breaches the contract terms, and provide for such remedial actions
as may be appropriate.
ii. All contracts in excess of the small purchase threshold shall contain suitable provisions for
termination by the recipient, including the manner by which termination shall be effected
and the basis for settlement. In addition, such contracts shall describe conditions under
which the contract may be terminated for default as well as conditions where the contract
may be terminated because of circumstances beyond the control of the contractor.
iii. Except as otherwise required by statute, an award that requires the contracting (or
subcontracting) for construction orfacility improvements shall provide for the recipient to
follow its own requirements relating to bid guarantees, performance bonds, and payment
bonds unless the construction contract or subcontract exceeds $100,000. For those
contracts or subcontracts exceeding $100,000, the Federal awarding agency may accept
the bonding policy and requirements of the recipient, provided the Federal awarding
agency has made a determination that the Federal Government's interest is adequately
protected. If such a determination has not been made, the minimum requirements shall be
as follows:
A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid
guarantee" shall consist of a firm commitment such as a bid bond, certified check, or
other negotiable instrument accompanying a bid as assurance that the bidder shall,
upon acceptance of his bid, execute such contractual documents as may be required
within the time specified.
2. A performance bond on the part of the contractor for 100 percent of the contract
price. A "performance bond" is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
3. A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment as
required by statute of all persons supplying labor and material in the execution of the
work provided for in the contract.
4. Where bonds are required in the situations described herein, the bonds shall be
obtained from companies holding certificates of authority as acceptable sureties
pursuant to 31 CFR Part 223, "Surety Companies Doing Business with the United
States.
iv. All negotiated contracts (except those for less than the small purchase threshold) awarded
by recipients shall include a provision to the effect that the recipient, the Federal awarding
agency, the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers and records of the
contractor which are directly pertinent to a specific program for the purpose of making
au its, examinations, excerpts and transcriptions.
Initials: September1013
v. All contracts, including small purchases, awarded by recipients and their contractors shall
contain the procurement provisions of appendix A to this part, as applicable.
29. Will assure that grant funds are used for allowable, fair, and reasonable costs only, as detailed in
2 CFR 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87), 2 CFR
220, Cost Principles for Educational Institutions (OMB Circular A-21), or 2 CFR 230, Cost Principles for
Non -Profit Organizations (OMB Circular A-122), as applicable.
30. Will comply with all provisions of 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts
with Commercial Organizations, as applicable.
31. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2,
Section 8607.1(e) and CCR Title 19 Sections 2445, 2446, 2447, and 2448.
The undersigned represents that he/she is authorized by the above named applicant to enter into
this agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent: Leonard Grossberg
Title: Director of Environmental Health and Control Date: June 2, 2014
Wan.
September2013
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 25, 2014
TO: Leonard Grossberg, Director of Health & Environmental Control
FROM: Deborah Juarez, Records Management Assistant qCcil
RE: Resolution No. 20,14-34 — A Resolution of the Ciof the City of Vernon
Approving and Ratifying the Execution of an Application for the 2014/2015
Hazardous Materials Emergency Preparedness Planning Grant
Transmitted herewith is a copy of Resolution No. 2014-34, referenced above, which was
approved by City Council on June 17, 2014.
Thank you.
Attachment
c: William Fox
Resolution No. 2014-34
STAFF REPORT
RECEIVED
JUN 11 2014
IN CITY ADMINISTRATION
JUN 1 1 2014
CITY CLERK'S OFFICE STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
(?
DATE: June 17, 2014
TO: Honorable Mayor and City Council
FROM: -*Leonard Grossberg, Director / Health Officer
RE: Approval and Ratification of the execution of an Application to the California Office of
Emergency Services (Cal OES) to receive, and spend Grant Funds for the 2014/2015
Hazardous Materials Emergency Preparedness Planning Grant.
It is recommended that the City Council:
1. Find that granting authority to submit and administer the funding application and related documents
at issue in this staff report constitute administrative activities that do not constitute a "project", and is
exempt under the California Environmental Quality Act (CEQA) in accordance with section 15061
(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the
environment.
2. By the attached resolution, ratify and approve the action of the Director of Health & Environmental
Control in executing and filing an Application to the California Office of Emergency Services (Cal
OES) for the 2014/2015 Hazardous Materials Emergency Preparedness Planning Grant and authorizing the
Director of Health & Environmental Control to (1) execute any and all documents, including but not
limited to, applications and agreements necessary for the purposes of securing funds and (2) to
receive and spend the funds for the Hazardous Materials Emergency Preparedness Planning Grant.
BACKGROUND:
The City of Vernon is required to have an emergency preparedness plan (also known as an Area Plan) and is
also required to maintain the plan annually. The plan is used to assist the City Departments, along with the City
of Vernon Fire Department First Responders, in managing emergencies. The current status of the Area Plan is
incomplete, and is slow in being updated due to critical staffing levels and work volume in each department.
Recently, our staff learned of a funding opportunity which would allow us to apply and receive State funds to
hire a part-time employee to research, and facilitate the implementation and update of the Area Plan for the
City. The Grant is offered by the California Office of Emergency Services (Cal OES) for Hazardous Materials
Emergency Preparedness (HMEP) Planning Grant Funds for FY 2014/2015.
Because staff learned of the funding for the grant late in the process, the application and certification were
submitted by the deadline of June 2, 2014, prior to requesting authority from the City Council. Staff now
requests that Council ratify and approve the action of the Director of Health & Environmental Control in filing
the grant application on behalf of the City of Vernon for Hazardous Materials Emergency Preparedness Grant
Funds, and authorize the Director of Health & Environmental Control to take all actions necessary in
connection with the acceptance and administration of the grant funds.
The grant requested is for a $10,000.00 (HMEP) share, a local match of $4,707.00 for a total of $14,707.00.
The local match provision requires the City to match a minimum of 20% (consideration of time/hours spent
reviewing and overseeing the project is seen as appropriate and meets/exceeds that requirement). No other
financial consideration is needed by the City.
Upon receiving the HMEP grant for FY 2014-2015,
updating the existing plan and bringing it up-to-date.
part-time employment.
FISCAL IMPACT:
it is planned to hire a part—time employee to work on
The grant funding would pay 100% of the cost of the
If approved, the City expects to receive approximately $10,000.00 in grant funds. There is a minor fiscal
impact that is expected for administrative oversight of the grant activities. However, considering the benefits
the City will receive by the grant funds contributing to outreach and educational programs, the HMEP grant is
worthwhile.
Please note that the application deadline for electronic submittal was Monday. June 2.2014. Our staff
completed the application forms and submitted them before the deadline in order to meet the application
requirements. Following City Council approval, our department will submit the remaining required
documents to Cal OES (attached documents i.e.: the Resolution is due no later than July 31, 2014) in
order to be eligible for consideration.
Thank you.
Attachment
Xc:
Linda Smith, Administrative Secretary
9cL 3:K/I.eonard/HazMaUHAEP/request to apply dou