CONTRACT 4001 Other4001 ,-711
AGREEMENT
Contractor: City of El Segundo
City Contract Number C' \ \ (ol 3q
4001 . -x-i
TABLE OF CONTENTS
Section Description P- awe
1.
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
II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance .......................................................... ............................... 8
§202. Use of Grant Funds ............................................................. ............................... 8
III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment ............ ............................... 14
IV.
STANDARD PROVISIONS
§401.
Construction of Provisions and Titles Herein ...................... .............................16
§402.
Applicable Law, Interpretation and Enforcement ................ .............................16
§403.
Integrated Agreement ......................................................... .............................16
§404.
Excusable Delays ............................................................... .............................16
§405.
Breach ................................................................................ .............................17
§406.
Prohibition Against Assignment or Delegation .................... .............................17
§407.
Permits ................................................................................ .............................17
§408.
Nondiscrimination and Affirmative Action ............................ .............................17
§409.
Los Angeles City Business Tax Registration Certificate ..... .............................18
§410.
Bonds .................................................................................. .............................18
§411.
Indemnification .................................................................... .............................18
§412.
Conflict of Interest ............................................................... .............................19
§413.
Insurance .......................................................................... ...............................
21
§414.
Restriction on Disclosures ................................................ ...............................
21
§415.
Statutes and Regulations Applicable To All Grant Contracts ...........................
21
§416.
Federal, State and Local Taxes ........................................ ...............................
29
§417.
Inventions, Patents and Copyrights .................................. ...............................
29
§418.
Living Wage Ordinance Service Contractor Worker Retention and Living Wage
Policy................................................................................ ...............................
30
§419.
Earned Income Tax Credit ................................................ ...............................
30
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§420. Equal Benefits Ordinance ................................................. ............................... 31
§421.Contractor Responsibility Ordinance .................................. ............................... 31
§422. Slavery Disclosure Ordinance ........................................... ............................... 31
§423. Child Support Assignment Orders ..................................... ............................... 31
§424. Minority, Women, and Other Business Enterprise Outreach Program ............. 31
§425. Publications ...................................................................... ............................... 31
V.
DEFAULTS SUSPENSION, TERMINATION, AND AMENDMENTS
§501. Defaults ............................................................................... .............................33
§502. (This section intentionally left blank.) ................................ ............................... 33
§503. (This section intentionally left blank.) ................................ ............................... 33
§504. (This section intentionally left blank.) ................................ ............................... 33
§505. Amendments ....................................................................... .............................33
VI.
ENTIRE AGREEMENT
§601. Complete Agreement ........................................................ ............................... 34
§602. Number of Pages and Attachments .................................. ............................... 34
Execution ( Signature) .......... ............................... 34
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EXHIBITS
Exhibit A
Insurance (Not applicable to this Agreement)
Exhibit B
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion Lower Tier Covered Transactions
Exhibit C
Certification Regarding Lobbying
Exhibit D
Certification Regarding Drug Free Requirements
Exhibit E
Grant Assurances
Exhibit F
Part IV: Allowable Costs Guidance
Exhibit G
Appendix B: Authorized Allowable Costs
Exhibit H
Appendix C: HSGP Allowable Expenses: Additional Information
Exhibit I
Equipment Ledger
Exhibit J
Training Roster
Exhibit K
Exercise Roster
Exhibit L
Planning Roster
Exhibit M
Modification Request Form
Exhibit N
Modification Request Submission Schedule
Exhibit O
Project Extension Request Form
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
Pro Forma Implementation Plan
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AGREEMENT NUMBER I OF CITY CONTRACTS
BETWEEN
THE CITY OF LOS ANGELES
AND THE CITY OF EL SEGUNDO
THIS AGREEMENT is made and entered into by and between the City of Los
Angeles, a municipal corporation (the "City "), and City of El Segundo, a municipal
corporation (the "City of El Segundo" or "Contractor ").
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
directly to selected jurisdictions through the Fiscal Year (FY) 2008 Urban Areas Security
Initiative ( "UASI 08 "); and
WHEREAS, this financial assistance is administered by the City of Los Angeles
and is overseen by the California Office of Homeland Security ( "OHS "); and
WHEREAS, this financial assistance is being provided to address the unique
equipment, training, planning, and exercise needs of large urban areas, and to assist
them in building an enhanced and sustainable capacity to prevent, respond to, and
recover from threats or acts of terrorism; and
WHEREAS, the Los Angeles/El Segundo Urban Area ( "LA/LBUK) consists of
the City of Los Angeles, the City of El Segundo, the unincorporated area of the County
of Los Angeles, and 27 participating jurisdictions, including City of El Segundo); and
WHEREAS, the G &T awarded a UASI 08 Grant of $60,822,000 ( "Grant Funds ")
to the City of Los Angeles, as a Core City, for use in the LA/LBUA; and
WHEREAS, the City has designated the Office of the Mayor, Office of Homeland
Security and Public Safety ( "Mayor's Office ") to provide for terrorism prevention and
emergency preparedness; and
WHEREAS, the Mayor's Office now wishes to distribute UASI 08 Grant Funds
throughout the LA/LBUA, as further detailed in this Agreement ( "Agreement ") to City of
El Segundo and others;
WHEREAS, on March 31, 2009, the Los Angeles City Council approved the
UASI 08 budget which authorized the allocation of $4.2 million of the UASI 08 funds to
the Los Angeles Fire Department, for the purchase of SCBA equipment on behalf of
multiple Los Angeles /Long Beach Urban Area (LA/LB UA) jurisdictions; and
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WHEREAS, subsequently, the LA/LB UA jurisdictions have agreed to modify the
UASI 08 budget to allow certain jurisdictions to purchase the SCBA equipment
individually, such that the Los Angeles Fire Department will retain approximately $1.2
million of the SCBA allocation, and the remaining $3 million will be distributed to nine
LA/LB UA partner jurisdictions including the County of Los Angeles, and Cities of
Alhambra, Burbank, El Segundo, Glendale, El Segundo, Pasadena, Torrance and
Vernon (the "Modifications "); and
WHEREAS, on July 22, 2009, the Los Angeles City Council approved the
Modifications (C.F. #08- 0901); and
WHEREAS, the City and the Contractor are desirous of entering into this
Contract for the purpose of increasing the UASI 08 grant amount allocated to the
Contractor by adding $95,693 for a new total of $158,486 to reflect the Modifications,
such amendment having been authorized by the Los Angeles City Council (CF# 08-
0901) on July 22, 2009; and
WHEREAS, the City and City of El Segundo are desirous of executing this
Agreement as authorized by the City Council and the Mayor (refer to Council File
Number 08 -0901, dated March 31, 2009 and July 22, 2009) which authorizes the City to
prepare and execute the Agreement.
NOW, THEREFORE, the City of Los Angeles and City of El Segundo agree as follows:
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1.
INTRODUCTION
§101. Parties to the Agreement
The parties to this Agreement are:
A. The City, a municipal corporation, having its principal office at 200 North Spring
Street, Los Angeles, California 90012; and
B. City of El Segundo, a municipal corporation, having its principal office at 350
Main Street, El Segundo, California 90245
§102. Representatives of the Parties and Service of Notices
A. The representatives of the respective parties who are authorized to administer
this Agreement and to whom formal notices, demands and communications shall
be given are as follows:
1. The representative of the City of Los Angeles shall be, unless otherwise
stated in the Agreement:
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 El Segundo shall be:
Jack Wayt, City Manager
City of El Segundo
350 Main Street
El Segundo, CA 90245
Phone: 310- 524 -2301
Fax: 310- 322 -7137
jwayt @elsegundo.org
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.
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C. If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice shall
be given, in accord with this section, within five (5) business days of said change.
§103. Independent Party
City of El Segundo is acting hereunder as an independent party, and not as an
agent or employee of the City of Los Angeles. No employee of City of El
Segundo, is, or shall be an employee of the City of Los Angeles by virtue of this
Agreement, and City of El Segundo shall so inform each employee organization
and each employee who is hired or retained under this Agreement. City of El
Segundo shall not represent or otherwise hold out itself or any of its directors,
officers, partners, employees, or agents to be an agent or employee of the City of
Los Angeles.
§104. Conditions Precedent to Execution of This Agreement
City of El Segundo shall provide copies of the following documents to the City of
Los Angeles, 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 Section 415L of this Agreement and
attached hereto as Exhibit B and made a part hereof.
C. Certifications and Disclosures Regarding Lobbying in accordance with Section
415C of this Agreement and attached hereto as Exhibit C and made a part
hereof. City of El Segundo 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 City of El Segundo.
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.
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II.
TERM AND SERVICES TO BE PROVIDED
§201. Time of Performance
The term of this Agreement shall commence on October 22, 2008 and end
February 28, 2011, or upon the final disbursement of all of the Grant Amount (as
defined in Section 301) and any additional period of time as is required to
complete any necessary close out activities. Said term is subject to the
provisions herein.
§202. Use of Grant Funds
A. All allocations and use of funds under this grant shall be in accordance with the
FY 2008 Homeland Security Grant Program Guidance and Application Kit, and
the California Supplement to the FY 2008 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 FY2008 Homeland
Security Grant Program application. Further, use of FY08 funds is limited to
those investments included in the California FY08 Investment Justifications
submitted to DHS /FEMA and evaluated through the peer review process.
B. El Segundo and the City have previously completed a mutually approved
Budget/Expenditure Plan, dated March 31, 2009, hereinafter "Budget." The
Budget contains detailed listings of items for expenditure under the terms of this
Agreement. Any request by El Segundo to modify the Budget must be made in
writing and must be approved in writing by the Parties during the term of this
Agreement.
1. Any request by City of El Segundo 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.
2. Modification requests must be submitted to the City no later than 30 days
before the end of each fiscal quarter. A submission schedule is attached
hereto as Exhibit N. Submissions made after the deadline will be returned
to the City of El Segundo and will not be accepted until the following
submission period. The City will notify the City of El Segundo in writing if
modification requests are inaccurate and /or incomplete. Inaccurate and /or
incomplete modification requests shall be returned to the City of El
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Segundo for revision and shall be accepted by the City when modification
requests are accurate and complete.
3. Final modification requests must be submitted to the City no later than
December 31, 2010 to provide the City time to meet OHS requirements.
At that time, any unexpended funds may be re- directed to other needs
across the LA/LBUA. The City will notify City of El Segundo, in writing,
when unexpended balances may be re- directed. The transfer of
redirected funding will take place no les than 15 days after the date of the
notification
C. City of El Segundo shall complete Implementation Plans to manage their
allocations. A Pro Forma Implementation Plan is attached hereto as Exhibit U.
City of El Segundo shall provide Implementation Plans and any reports
requested by the City regarding performance of the Agreement. Plans and
reports shall be in the form requested by the City, and shall be provided in a
timely manner. The completion of each milestone and deliverable referenced in
the Implementation Plans is subject to the prior review and written approval of
the City.
D. OHS may grant extensions to Time of Performance on a project -by- project basis.
Any request by City of El Segundo to extend Time of Performance must be made
in writing and accompanied by a completed Project Extension Request form,
attached hereto as Exhibit O. All extension requests must be approved by OHS
in writing during the term of this Agreement.
E. Project extension requests must be submitted to the City no later than 30 days
before the end of each project time of performance. Project extension requests
made after the deadline will be returned to the City of El Segundo and will not be
accepted until the following submission period. The City will notify the City of El
Segundo in writing if project extension requests are inaccurate and /or
incomplete. Inaccurate and /or incomplete project extension requests shall be
returned to the City of El Segundo 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 in
http: / /www.rkb.us, as well as Part IV: Allowable Costs Guidance (Exhibit F) and
Appendix B, Authorized Allowable Costs, to the FY 2008 Homeland Security
Grant Program, Program Guidance and Application Kit, incorporated by
reference, and attached hereto as Exhibit G. City of El Segundo 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. Federal procurement requirements for the UASI 08 Grant can be
found at OMB Circular A -102, Title 28 C.F.R. Part 66.36, and Office of G &T
Financial Guide.
Any equipment acquired or obtained with Grant Funds:
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Will be made available under the California Disaster and Civil Defense
Master Mutual Aid Agreement in consultation with representatives of the
various fire, emergency medical, hazardous materials response services,
and law enforcement agencies within the jurisdiction of the applicant;
2. Is consistent with needs as identified in the State Homeland Security
Strategy and will be deployed in conformance with that plan;
3. Will be made available pursuant to applicable terms of the California
Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with personnel trained in the use of such equipment in a manner
consistent with the California Law Enforcement Mutual Aid Plan or the
California Fire Services and Rescue Mutual Aid Plan.
G. Equipment acquired pursuant to this Agreement shall be subject to the
requirements of Title 28, C.F.R. 66.32, 66.33 and Office of G &T Financial Guide.
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.
Equipment shall be used by City of El Segundo in the program or project
for which it was acquired as long as needed, whether or not the project or
program continues to be supported by Federal funds. When no longer
needed for the original program or project, the Equipment may be used in
other activities currently or previously supported by a Federal agency.
2. City of El Segundo shall make Equipment available for use on other
projects or programs currently or previously supported by the Federal
Government, providing such use will not interfere with the work on the
projects or program for which it was originally acquired. First preference
for other use shall be given to other programs or projects supported by the
awarding agency.
3. An equipment ledger, attached hereto as Exhibit I, shall be maintained for
each item of Equipment acquired for the program. This record must be
updated quarterly and forwarded to the City along with completed
reimbursement request forms (Exhibit P), when applicable. Records must
be retained pursuant to 28 C.F.R. Part 66.42, and Office of G &T. For
each piece of equipment, the record shall include:
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(a) The line item number and project number as stated in the
Budget
(b) The equipment description as stated in the Budget
(c) The Authorized Equipment Listing number (AEL) found at
http://www.rkb.mipt.org
(d) The AEL title
(e) The invoice number
(f) The vendor
(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.
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. City of El Segundo 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. City of El Segundo must obtain a performance bond for any equipment
line item over $250,000; or any vehicle, aviation or watercraft (regardless
of the cost) financed with UASI grant funds.
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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.
10. Aviation, EOC and JRIC Request forms must be approved by OHS 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
City of El Segundo in writing if Request forms are inaccurate and /or
incomplete. Inaccurate and /or incomplete Request forms shall be
returned to the City of El Segundo for revision and shall be accepted by
the City when Request forms are accurate and complete.
H. Any training paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2008 Homeland Security Grant Program, Program Guidance and
Application Kit Part IV: Allowable Costs Guidance (attached as Exhibit F),
Appendix B, Authorized Allowable Costs (attached as Exhibit G) and Appendix C,
Allowable Expenses: Additional Information (attached as Exhibit H) and must be
pre- authorized by OHS at http://www.ohs.ca.gov/hseep/TrainingHome.htmi. A
catalogue of Grantor approved and sponsored training courses is available at
http://www.firstrespondertraining.gov/odp webforms.
Any exercise paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2008 Homeland and Security Grant Program, Program Guidance and
Application Kit, Part IV: Allowable Costs Guidance (Exhibit F), Appendix B,
Authorized Allowable Costs (attached as Exhibit G) and Appendix C, Allowable
Expenses: Additional Information (attached as Exhibit H). Detailed Homeland
Security Exercise and Evaluation Program Guidance is available at
http: / /hseep.dhs.ciov.
Any planning paid pursuant to this Agreement shall conform to the guidelines as
listed in FY 2008 Homeland and Security Grant Program, Program Guidance and
Application Kit, Part IV, Allowable Costs Guidance (Exhibit F), Appendix B,
Authorized Allowable Costs (attached as Exhibit G) and Appendix C: Allowable
Expenses: Additional Information (attached as Exhibit H). Reference materials
and additional details are available at http: / /www.homeland.ca.gov
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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
Guidelines 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 conform to the
guidelines as listed in FY 2008 Homeland and Security Grant Program, Program
Guidance and Application Kit, Part IV: Allowable Costs Guidance (Exhibit F).
Plans and reports shall be in the form requested by the City, and shall be
provided in a timely manner.
M. As required by OHS, the City shall provide City of El Segundo with an electronic,
interactive, Project Management Workbook, based on the pro forma template,
incorporated herein by reference. City of El Segundo 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
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III.
PAYMENT
§301. Payment of Grant Funds and Method of Payment
A. The City of Los Angeles shall pay to City of El Segundo the grant amount of One
Hundred Fifty -Eight Thousand Four Hundred Eighty -Six Dollars ($158,486) 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 City of El Segundo in the FY `08 UASI grant award
notice.
B. City of El Segundo shall provide to the City invoices requesting payment and all
supporting documentation. 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 City of El Segundo as authorized by Section 202 above.
For equipment for which City of El Segundo is requesting reimbursement, an
equipment ledger (Exhibit 1) and all appropriate back -up documentation must be
attached to the reimbursement form, including invoices, proof of payment and
packing slips. For training and exercise reimbursements, City of El Segundo
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 an OHS tracking number has been assigned to the course, and
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, City of
El Segundo 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 November 30, 2010. The City will notify the City of El
Segundo in writing if reimbursement requests are inaccurate and /or
incomplete. Inaccurate and /or incomplete reimbursement requests shall
be returned to the City of El Segundo 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 of Los Angeles until the
City has determined that City of El Segundo has turned in all supporting
documentation and completed the requirements of this Agreement.
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D. If City of El Segundo earns interest on advanced UASI funds, interest income
must be reported and returned to the City in accordance with FEMA's codified
regulation 44 CFR Part 13, Uniform Administrative requirements for Grants and
Cooperative Agreements to State and Local Governments.
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.
F. 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 City of El Segundo of a loss or reduction of
federal grant funds.
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IV.
STANDARD PROVISIONS
§401. Construction of Provisions and Titles Herein
All titles or subtitles appearing herein have been inserted for convenience and
shall not be deemed to affect the meaning or construction of any of the terms or
provisions hereof. The language of this Agreement shall be construed according
to its fair meaning and not strictly for or against either party. The word
"Contractor" herein and in any amendments hereto includes the party or parties
identified in this Agreement. The singular shall include the plural. If there is
more than one Contractor as identified herein, unless expressly stated otherwise,
their obligations and liabilities hereunder shall be joint and several. Use of the
feminine, masculine, or neuter genders shall be deemed to include the genders
not used.
§402. Applicable Law Interpretation and Enforcement
A. Each party's performance hereunder shall comply with all applicable laws of the
United States of America, the State of California, and the City. This Agreement
shall be enforced and interpreted under the laws of the State of California and
the City.
B. If any part, term or provision of this Agreement shall be held void, illegal,
unenforceable, or in conflict with any law of a federal, state or local government
having jurisdiction over this Agreement, the validity of the remaining portions of
provisions shall not be affected thereby.
§403. Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to
the subject matter hereof, and replaces any and all previous agreements or
understandings, whether written or oral, relating thereto. This Agreement may be
amended only as provided for herein.
§404. Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault and negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy; insurrection;
acts of the Federal Government or any unit of State or Local Government in
either sovereign or contractual capacity; fires; floods; epidemics; quarantine
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restrictions; strikes, freight embargoes or delays in transportation; to the extent
that they are not caused by the party's willful or negligent acts or omissions and
to the extent that they are beyond the party's reasonable control.
§405. Breach
Except for excusable delays, if any party fails to perform, in whole or in part, any
promise, covenant, or agreement set forth herein, or should any representation
made by it be untrue, any aggrieved party may avail itself of all rights and
remedies, at law or equity, in the courts of law. Said rights and remedies are
cumulative of those provided for herein except that in no event shall any party
recover more than once, suffer a penalty or forfeiture, or be unjustly
compensated.
§406. Prohibition Against Assignment or Delegation
City of El Segundo may not, unless it has first obtained the written permission of
the City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to
payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder.
§407. Permits
City of El Segundo and its officers, agents and employees shall obtain and
maintain all permits and licenses necessary for City of El Segundo's performance
hereunder and shall pay any fees required therefore. City of El Segundo further
certifies to immediately notify the City of any suspension, termination, lapses,
non renewals or restrictions of licenses, certificates, or other documents.
§408. Nondiscrimination and Affirmative Action
A. The Contractor 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 Contractor 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 Contractor shall comply with
Executive Order 11246, entitled "Equal Employment Opportunity ", as amended
by Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CRF Part 60).
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B. The Contractor 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. The Contractor
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 Contractor 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 shall be filed
with the Office of the City Attorney for its review in accordance with Los Angeles
Administrative Code Sections 11.47 through 11.56.
§411. Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the
provisions of Section 895.2 of the Government Code of the State of California
imposing certain tort liability jointly upon public entities, solely by reason of such
entities being parties to an Agreement as defined by Section 895 of said Code,
the parties hereto, as between themselves, pursuant to the authorization
contained in Section 895.4 and 895.6 of said Code, will each assume the full
liability imposed upon it or upon any of its officers, agents, or employees by law,
for injury caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement, to the same extent that such liability would be
imposed in the absence of Section 895.2 of said Code. To achieve the above -
stated purpose, each party indemnifies and holds harmless the other party solely
by virtue of said Section 895.2. The provision of Section 2778 of the California
Civil Code is made a part hereto as if fully set forth herein. City of El Segundo
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certifies that it has adequate self insured retention of funds to meet any obligation
arising from this Agreement.
A. Pursuant to Government Code Section 895.4 and 895.6, the parties shall
each assume the full liability imposed upon it, or any of its officers, agents
or employees, by law for injury caused by any negligent or wrongful act or
omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss,
costs, or expenses that may be imposed upon such other party by virtue
of Government Code section 895.2, which imposes joint civil liability upon
public entities solely by reason of such entities being parties to an
agreement, as defined by Government Code section 895.
C. In the event of third -party loss caused by negligence, wrongful act or
omission by both Parties, each party shall bear financial responsibility in
proportion to its percentage of fault as may be mutually agreed or judicially
determined. The provisions of Civil Code Section 2778 regarding
interpretation of indemnity agreements are hereby incorporated
§412. Conflict of Interest
A. The Contractor covenants that none of its directors, officers, employees, or
agents shall participate in selecting, or administrating any subcontract supported
(in whole or in part) by Federal funds where such person is a director, officer,
employee or agent of the subcontractor; or where the selection of subcontractors
is or has the appearance of being motivated by a desire for personal gain for
themselves or others such as family business, etc.; or where such person knows
or should have known that:
A member of such person's immediate family, or domestic partner
or organization has a financial interest in the subcontract;
2. The subcontractor is someone with whom such person has or is
negotiating any prospective employment; or
3. The participation of such person would be prohibited by the
California Political Reform Act, California Government Code
§87100 et seq. if such person were a public officer, because such
person would have a "financial or other interest" in the subcontract.
B. Definitions:
1. The term "immediate family" includes but is not limited to domestic
partner and /or those persons related by blood or marriage, such as
husband, wife, father, mother, brother, sister, son, daughter, father
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in law, mother in law, brother in law, sister in law, son in law,
daughter in law.
2. The term "financial or other interest" includes but is not limited to:
a. Any direct or indirect financial interest in the specific
contract, including a commission or fee, a share of the
proceeds, prospect of a promotion or of future employment,
a profit, or any other form of financial reward.
b. Any of the following interests in the subcontractor ownership:
partnership interest or other beneficial interest of five percent
or more; ownership of five percent or more of the stock;
employment in a managerial capacity; or membership on the
board of directors or governing body.
C. (This section intentionally left blank.)
D. The Contractor 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 Contractor shall not subcontract with a former director, officer, or employee
within a one year period following the termination of the relationship between
said person and the Contractor.
F. Prior to obtaining the City's approval of any subcontract, the Contractor shall
disclose to the City any relationship, financial or otherwise, direct or indirect, of
the Contractor or any of its officers, directors or employees or their immediate
family with the proposed subcontractor and its officers, directors or employees.
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 Contractor 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 Contractor covenants that no member, officer or employee of Contractor
shall have interest, direct or indirect, in any contract or subcontract or the
proceeds thereof for work to be performed in connection with this project during
his /her tenure as such employee, member or officer or for one year thereafter.
J. The Contractor shall incorporate the foregoing subsections of this Section into
every agreement that it enters into in connection with this project and shall
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substitute the term "subcontractor" for the term "Contractor" and "sub
subcontractor" for "Subcontractor ".
§413. Insurance
This section is not applicable to this contract, 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. Statutes and Regulations Applicable To All Grant Contracts
A. City of El Segundo 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. City of El Segundo shall comply with state and federal laws and
regulations pertaining to labor, wages, hours, and other conditions of
employment. City of El Segundo shall comply with new, amended, or revised
laws, regulations, and /or procedures that apply to the performance of this
Agreement. These requirements include, but are not limited to:
1. Office of Management and Budget (OMB) Circulars
City of El Segundo shall comply with OMB Circulars, as applicable:
OMB Circular A -21 (Cost Principles for Educational Institutions);
OMB Circular A -87 (Cost Principles for State, Local, and Indian
Tribal Governments); OMB Circular A -102 (Grants and Cooperative
Agreements with State and Local Governments); Common Rule,
Subpart C for public agencies or OMB Circular A -110 (Uniform
Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals and Other Non - Profit
Organizations); OMB Circular A -122 (Cost Principles for Non - Profit
Organizations); OMB Circular A -133 (Audits of States, Local
Governments, and Non - Profit Organizations.
2. Single Audit Act
If Federal funds are used in the performance of this Agreement,
City of El Segundo 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 the Act.
3. Americans with Disabilities Act
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City of El Segundo hereby certifies that it will comply with the
Americans with Disabilities Act 42, USC §§ 12101 et se q., and its
implementing regulations. City of El Segundo will provide
reasonable accommodations to allow qualified individuals with
disabilities to have access to and to participate in its programs,
services and activities in accordance with the provisions of the
Americans with Disabilities Act. City of El Segundo will not
discriminate against persons with disabilities nor against persons
due to their relationship to or association with a person with a
disability. Any subcontract entered into by the City of El Segundo,
relating to this Contract, 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. Neither shall any funds provided
under this Agreement be used for any purpose designed to
support or defeat any pending legislation or administrative
regulation. None of the funds provided pursuant to this
Agreement shall be used for any sectarian purpose or to
support or benefit any sectarian activity.
b. If this Agreement provides for more than $100,000.00 in grant
funds or more than $150,000 in loan funds, City of El Segundo
shall submit to the City a Certification Regarding Lobbying and a
Disclosure Form, if required, in accordance with 31 USC 1352.
A copy of the Certificate is attached hereto as Exhibit C. No
funds will be released to City of El Segundo until the
Certification is filed.
c. City of El Segundo shall file a Disclosure Form at the end of
each calendar quarter in which there occurs any event requiring
disclosure or which materially affects the accuracy of any of the
information contained in any Disclosure Form previously filed by
City of El Segundo. City of El Segundo shall require that the
language of this Certification be included in the award
documents for all sub - awards at all tiers and that all
subcontractors shall certify and disclose accordingly.
5. Records Inspection
a. At any time during normal business hours and as often as the
City, the U.S. Comptroller General and the Auditor General of
the State of California may deem necessary, City of El Segundo
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shall make available for examination all of its records with
respect to all matters covered by this Agreement. The City, the
U.S. Comptroller General and the Auditor General of the State
of California shall have the authority to audit, examine and make
excerpts or transcripts from records, including all City of El
Segundo's invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters
covered by this Agreement.
b. City of El Segundo 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 with respect to all matters
covered on file for all documents specified in this Agreement.
Original forms are to be maintained on file for all documents
specified in this Agreement. Such records shall be retained for a
period of five (5) years after termination of this Agreement and after
final disposition of all pending matters. Pending matters include,
but are not limited to, an audit, litigation or other actions involving
records. The City may, at its discretion, take possession of, retain
and audit said records. Records, in their original form pertaining to
matters covered by this Agreement, shall at all times be retained
within the County of Los Angeles unless authorization to remove
them is granted in writing by the City.
7. Subcontracts and Procurement
City of El Segundo shall comply with the federal and City of El
Segundo 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.
City of El Segundo shall ensure that the terms of this Agreement
with the City are incorporated into all Subcontractor Agreements.
The City of El Segundo shall submit all Subcontractor Agreements
to the City for review prior to the release of any funds to the
subcontractor. The City of El Segundo shall withhold funds to any
subcontractor agency that fails to comply with the terms and
conditions of this Agreement and their respective Subcontractor
Agreement.
8. Labor
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a. City of El Segundo shall comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to
prescribed requirements 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 C.F.R. 900, Subpart F).
b. City of El Segundo 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 USC
§ §1501 -1508 and 7324 - 7328).
c. City of El Segundo shall comply with the Federal Fair Labor
Standards Act (29 USC § 201) regarding wages and hours of
employment.
d. None of the funds shall be used to promote or deter Union /labor
organizing activities. CA Gov't Code Sec. 16645 et seq.
9. Civil Rights
City of El Segundo shall 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 handicaps; (d) The Age Discrimination act of 1975, as
amended (42 U.S.C. § §6101- 6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92 -255), as amended, relating to nondiscrimination on
the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation act of 1970
(P.L. 91 -616) as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290
ee 3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VIII of the Civil Rights Act of 1968
(42 U.S.C. § §3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; (i) any
other nondiscrimination provisions in the specific statute(s) under
which application for Federal assistance is being made; Q) the
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requirements of any other nondiscrimination statute(s) which may
apply to the application; and (k) P.L. 93 -348 regarding the
protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
10. Environmental
a. City of El Segundo shall 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.
b. City of El Segundo shall comply with environmental standards
which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91 -190) and Executive
Order (EO) 11514; (b) notification of violating facilities pursuant to
EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO
11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. § §1451 et seq.); (f) conformity
of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
§ §7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended (P.L.
93 -523); (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93205); and (i)
Flood Disaster Protection Act of 1973 §102(a) (P.L. 93 -234).
c. City of El Segundo 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. 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 re- evaluation of compliance with these EHP
requirements.
d. City of El Segundo shall comply with the Wild and Scenic Rivers
Act of 1968 (16 U.S.C. § §1271 et seq.) related to protecting
components or potential components of the national wild and
scenic rivers system.
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e. City of El Segundo shall 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.
f. City of El Segundo 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. City of El Segundo shall ensure that the facilities under its
ownership, lease or supervision which shall be utilized in the
accomplishment of this project are not listed in the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will
notify the Federal Grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal
Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA.
h. By signing this Agreement, City of El Segundo ensures that it is in
compliance with the California Environmental Quality Act (CEQA),
Public Resources Code §21000 et seg. and is not impacting the
environment negatively.
i. City of El Segundo shall comply with the Energy Policy and
Conservation Act (P.L. 94 -163, 89 Stat. 871).
j. City of El Segundo shall comply, if applicable, with the provision of
the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19,
1982 (16 USC 3501 et. seq.) which prohibits the expenditure of
most new Federal funds within the units of the Coastal Barrier
Resources System.
11. Preservation
City of El Segundo 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
City of El Segundo shall comply with Federal Register, Volume 68,
Number 228, regarding Suspension and Debarment, and City of El
Segundo shall submit a Certification Regarding Debarment
required by Executive Order 12549 and any amendment thereto.
Said Certification shall be submitted to the City concurrent with the
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execution of this Agreement and shall certify that neither City of El
Segundo nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded
from participation in this transaction by any federal department
head or agency. City of El Segundo 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.
13. Drug -Free Workplace
City of El Segundo shall comply with the federal Drug -Free
Workplace Act of 1988, 41 USC §701, 28 CFR Part 67; the
California Drug -Free Workplace Act of 1990, CA Gov't Code §§
8350 -8357.
14. Miscellaneous
City of El Segundo shall comply with the Laboratory Animal Welfare
Act of 1966, as amended (P.L. 89 -544, 7 USC § §2131 et seq.).
B. Statutes and Regulations Applicable To This Particular Grant
City of El Segundo shall comply with all applicable requirements of state and
federal laws, executive orders, regulations, program and administrative
requirements, policies and any other requirements governing this particular grant
program. City of El Segundo 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) Part 66; EO 12372;
Department of Justice (DOJ) Office of Judicial Programs (OJP)
Office of the Comptroller, Financial Guide; U.S. Department of
Homeland Security, Office of State and Local Government
Coordination and Preparedness, Office for Domestic Preparedness,
Urban Areas Security Initiative Grant Program 11; ODP WMD
Training Course Catalogue; and DOJ Office for Civil Rights
Regulations.
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.
3. Provisions of 28 CFR applicable to grants and cooperative
agreements, including Part 18, Administrative Review Procedures;
Part 20, Criminal Justice Information Systems; Part 22,
Confidentiality of Identifiable Research and Statistical Information;
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Part 23, Criminal Intelligence Systems Operating Policies; Part 30,
Intergovernmental Review of Department of Justice Programs and
Activities; Part 35, Nondiscrimination on the Basis of Disability in
State and Local Government Services; Part 38, Equal Treatment of
Faith -based Organizations; Part 42, Nondiscrimination /Equal
employment Opportunities Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy
Act; Part 63, Floodplain Management and Wetland Protection
Procedures; Part 64, Floodplain Management and Wetland
Protection Procedures; Federal laws or regulations applicable to
federal Assistance Programs; Part 69, New Restrictions on
Lobbying; Part 70, Uniform Administrative Requirements for Grants
and Cooperative Agreements (including sub - awards) with
Institutions of Higher Learning, Hospitals and other Non - Profit
Organizations; and Part 83, Government -Wide Requirements for a
Drug Free Workplace (grants).
4. Nondiscrimination requirements of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the
Juvenile Justice and Delinquency Prevention Act, or the Victims of
Crime Act, as appropriate; the provisions of the current edition of
the Office of Justice Programs Financial and Administrative Guide
for Grants, M7100.1, and all other applicable federal laws, orders,
circulars, or regulations.
C. Travel Expenses
City of El Segundo as provided herein shall be compensated for City of El
Segundo's reasonable travel expenses incurred in the performance of this
Agreement, to include travel and per diem, unless otherwise expressed. City of
El Segundo'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.
City of El Segundo's administrative - related travel and per diem reimbursement
costs shall be reimbursed based on the City of El Segundo's policies and
procedures. For programmatic - related travel costs, City of El Segundo's
reimbursement rates shall not exceed the amounts established by the State
Department of Personnel Administration Rules and Regulations, PML 97 -024,
Section 599.619, dated July 1, 1997 and Section 599.631, and as amended from
time to time.
D. Noncompliance
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City of El Segundo understands that failure to comply with any of the above
assurances may result in suspension, termination or reduction of grant funds,
and repayment by City of El Segundo 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. City of El Segundo shall be liable to
the Grantor for any funds the Grantor determines that City of El Segundo used in
violation of these Grant Assurances. City of El Segundo shall indemnify and hold
harmless the City for any sums the Grantor determines City of El Segundo used
in violation of the Grant Assurances.
§416. Federal. State and Local Taxes
Federal, State and local taxes shall be the responsibility of City of El Segundo as
an independent party and not as a City employee.
§417. Inventions, Patents and Copyrights
A. Reporting Procedure for Inventions
If any project 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, the
Contractor shall report the fact and disclose the Invention promptly and fully to
the City. The City shall report the fact and disclose the Invention to the Grantor.
Unless there is a prior agreement between the City and the Grantor, the Grantor
shall determine whether to seek protection on the Invention. The Grantor shall
determine how the rights in the Invention, including rights under any patent
issued thereon, will be allocated and administered in order to protect the public
interest consistent with the policy ( "Policy ") embodied in the Federal Acquisition
Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200 et
seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential
Memorandum on Government Patent Policy to the Heads of the Executive
Departments and Agencies, dated 2/18/1983); and Executive Order 12591,
4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive
Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). Contractor
hereby agrees to be bound by the Policy, and will contractually require its
personnel to be bound by the Policy.
B. Rights to Use Inventions
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' 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 Invention developed under this Agreement.
C. Copyright Policy
Unless otherwise provided by the terms of the Grantor or of this
Agreement, when copyrightable material (Material) is developed
under this Agreement, the author or the City, at the City's
discretion, may copyright the Material. If the City declines to
copyright the Material, the City shall have an unencumbered right,
and a non - exclusive, irrevocable, royalty -free license, to use,
manufacture, improve upon, and allow others to do so for all
government purposes, any Material developed under this
Agreement.
2. The Grantor 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 or any
Copyright purchased under this Agreement.
3. Contractor shall comply with 24 CFR 85.34.
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 Bindinq on Subcontractors
Contractor shall require all subcontractors to comply with the obligations of this
section by incorporating the terms of this section into all 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
UASI 08 Gov't PSA 30 10/08
City of El Segundo
4 Q, 1 .
Under the terms of this Agreement, City of El Segundo 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, City of El Segundo 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, City of El Segundo is exempt from
compliance with the provisions of the Contractor Responsibility Ordinance
(CRO), Section 10.40 et sea., of Article 14, Chapter 1 of Division 10 of the Los
Angeles Administrative Code.
§422. Slavery Disclosure Ordinance
Under the terms of this Agreement, City of El Segundo is exempt from
compliance with the Slavery Disclosure Ordinance, Section 10.41 of the Los
Angeles Administrative Code.
§423. Child Support Assignment Orders
Under the terms of this Agreement, City of El Segundo is exempt from
compliance with the Child Support Assignment Orders Ordinance, Section 10.10
of the Los Angeles Administrative Code. City of El Segundo shall comply with
California Family Code Section 5230 et seq. as applicable.
§424. Minority Women and Other Business Enterprise Outreach Program
It is the policy of the City to provide minority business enterprises (MBEs),
women business enterprises (WBEs) and all other business enterprises an equal
opportunity to participate in the performance of all Contractor contracts, including
procurement, construction and personal services. This policy applies to all
Contractors and Sub - Contractors.
§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
UASI 08 Gov't PSA 31 10/08
City of El Segundo
4 0 in
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 08 Gov't PSA 32 10/08
City of El Segundo
4001
V.
DEFAULTS SUSPENSION TERMINATION, AND AMENDMENTS
§501. Defaults
Should City of El Segundo 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 City of El Segundo, and any increase or decrease in the amount
of compensation which are agreed to by the City and City of El Segundo shall be
incorporated into this Agreement by a written amendment properly executed and
signed by the person authorized to bind the parties thereto.
City of El Segundo agrees to comply with all future City Directives, or any rules,
amendments or requirements promulgated by the City affecting this Agreement.
UASI 08 Gov't PSA 33 10/08
City of El Segundo
vI.
ENTIRE AGREEMENT
§601. Complete Agreement
4co1•,y;
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 -four (34) pages and
twenty -one (21) Exhibits which constitute the entire understanding and
agreement of the parties.
UASI 08 Gov't PSA 34 10/08
City of El Segundo
IN WITNESS WHEREOF, the City and City of El Segundo have caused this
Agreement to be executed by their duly authorized representatives.
APPROVED AS TO FORM AND LEGALITY:
CARMEN TRUTANICH, City Attorney
By
De ity Attorney
Date I I I5 I f D
ATTEST:
JUNE LAGMAY, City Clerk
By
V�epUtVy City Clerk
Date
APPROVED �S q
Cdy Attorney
Date
ATTEST:
By �-
City CI r
I Date
City Business License Number:
Internal Revenue Service ID Number:
Council File /OARS File Number:
City Contract Number L�- 116739
4C1 • :'1
For: THE CITY OF LOS ANGELES
ANTONIO R. VZL;RAIG04A, Mayor
By v
i illa igosa, Mayor
omeland Security and
Public Safety, Mayor's Office
Date FEB 012010
For: City of El Segundo,
a munickkil`-comorc
Date / 6
Date of Approval
UASI 08 Gov't PSA 35 10/08
City of El Segundo
40 0 1 . � , .I
EXHIBIT A
(NOT APPLICABLE TO THIS AGREEMENT)
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT
40 6 ' • , .
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities.
(READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE
COMPLETING)
1. The prospective recipient of Federal assistance funds certifies that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
AGREEMENT NUMBER
City of E1 Segundo
CONTRACTOR/BORROWER/AGENCY
Jack Wayt, City Manager
NAME 'AND TITLE OF AUTHORIZED REPRESENTATIVE
TURE IPA
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
4001 • ,
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, lean 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 E1 Segundo
CONTRACTOR/BORROWER/AGENCY
Jack Wayt, City Manager
NANW, AND TITLE F AUTHORIZED�)REPRESE TATIVE
EXHIBIT D
CERTIFICATION REGARDING DRUG FREE WORKPLACE REQUIREMENTS
40
The Contractor certifies that it will provide a drug -free workplace, in accordance with the federal Drug -
Free Workplace Act of 1988 (41 USC 701 et se .), 28 CFR Part 67; and the California Drug -Free
Workplace Act of 1990, CA Gov't Code §§ 8350 -8357:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying
the actions that will be taken against employees for violation of such prohibition.
2. Establishing a drug -free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace;
b. The Contractor'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 WIA program, the employee will:
a. Abide by the terms of the statement, and
b. Notify the Contractor of any criminal drug statute convictions for a violation occurring in the
workplace no later that five days after such conviction.
5. Notifying the City within ten days after receiving notice under subparagraph 4. b. from an employee or
otherwise receiving actual notice of such conviction.
6. Taking one of the following actions, within 30 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,
or
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of
the provision of this certification.
AGREEMENT NUMBER
City of E1 Segundo
CONTRACTOR/BORROWER/AGENCY
Jack Wayt, City Manager
NAME ? T TL OF AUT Z SENTATIVE
SIGN' DATE
40 0 1 .�.
EXHIBIT E
GRANT ASSURANCES
40 1 • .`
Office of Homeland Security
FY08 Grant Assurances
(All HSGP Applicants)
Name of Applicant: Los A geles/Long Beach lam_
Address: 200 N Spring Street, Room 303
City:_ Las Angeles State:_..,,CA Zip Code: 90012
Telephone Number: ( 213) 978 -0706
Fax Number: (1) 978 -0718
E -Mail Address: laura shin(@ lacity org
1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and
financial capability to ensure proper planning, management and completion of the grant provided
by the federal Department of Homeland Security and sub - granted through the State of California,
Governor's Office of Homeland Security (OHS).
2. Will assure that grant funds are only used for allowable, fair, and reasonable costs and is
prohibited from transferring funds between programs (State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System).
3. Will give the federal government, the General Accounting Office, the Comptroller General of the
United States, the State of California, through any authorized representative, access to and the
right to examine all paper or electronic records, books, papers, or documents related to the
award; and will establish a proper accounting system in accordance with generally accepted
accounting standards or awarding agency directives.
4. 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.
5. Will provide progress reports and such other 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 a report in the Grant Reporting Tool (GRT) twice each year.
6. Will initiate and complete the work within the applicable time frame after receipt of approval
from OHS.
7. Will comply with FEMA's codified regulation 44 Part 13, Uniform Administrative Requirements
for Grants and Cooperative Agreements to State and Local Governments, including part 13.1
regarding the payment of interest earned on advances.
Page 1
40 C,
_i 8. 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.
9. Agrees that to the extent contractors or subcontractors are utilized, grantees and subgrantees shall
use small, minority, women - owned, or disadvantaged business concerns and contractors or
subcontractors to the extent practicable.
10. Will comply with 2 CFR 215.25, and will notify OHS of any developments that have a
significant impact on award - supported activities, including changes to key program staff.
11. 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.
12. Understands and agrees 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 FEMA.
13. 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.
I The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 -6107) which
prohibits discrimination on the basis of age.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255) as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism;
g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290
ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G.
j. Title 28, CFR, Part 35.
k. Any other nondiscrimination provisions in the specific statute(s) under which application
for federal assistance is being made, and
1. Title 44 CFR Parts 7, 16, and 19 relating to nondiscrimination.
m. The requirements on any other nondiscrimination statute(s) which may apply to the
application.
n. Will, in the event a Federal or State court or Federal or State administrative agency
makes a fuiding of discrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient of funds, the
recipient will forward a copy of the funding to the Office of Civil Rights, Office of Justice
Programs.
400 1
o. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Office of Civil Rights within 60 days of grant award.
p. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention
Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of
the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1.
14. 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 (42 U.S.C. § 4601 et
seq. (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally assisted programs. These requirements
apply to all interested in real property acquired for project purposes regardless of federal
participation in purchases. Will also comply with Title 44 Code of Federal Regulations, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and federally - assisted
programs.
15. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 (ten thousand dollars) or more.
16. Will comply with all applicable Federal, State, and local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and local EHP requirements and
obtain applicable permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review; any change to the scope of work of a
project will require re- evaluation of compliance with these EHP requirements.
17. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of FEMA/OHS, including but not limited to communications towers,
physical security enhancements, new construction and modifications to buildings that are 50
(fifty) years old or more. Any construction related activities initiated prior to full environmental
and historic preservation (EHP) review will result in a non - compliance finding. If ground
disturbing activities occur during the project implementation, the recipient must ensure
monitoring of the ground disturbance and if any potential archeological resources are discovered,
the recipient will immediately cease activity in that area and notify OHS/FEMA and the
appropriate State Historic Preservation Office.
18: Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of this project are not listed in the Environmental Protection Agency's
(EPA) list of Violating Facilities, and will notify OHS and the Federal Grantor agency of the
receipt of any communication from the Director of the EPA Office of Federal Activities
indicating that a facility to be used in the project is under consideration for listing by the EPA.
19. Will provide any information requested by FEMA/OHS to insure 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
Ap
Page 3 Initials
(EO11989), Wetlands (11990) and Environmental Justice (12898) and Environmental
Quality (EO11514).
b. Title 44 CFR Parts 9 and 10, referencing floodplain management and environmental
considerations.
c. Notification of violating facilities pursuant to EO 11738.
d. 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.).
-e. Conformity of federal actions to State (Clean Air) Implementation Plans under Section
176(e) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.).
f. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93 -523).
g. California Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section
15000 - 15007.
h. 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.
i. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October
19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
hands within the units of the Coastal Barrier Resources System.
j. 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 re- evaluation of compliance
with these BHP requirements.
k. Agrees not to undertake any project having the potential to impact the EHP resources
without the prior written approval of FEMA /OHS, including but not limited to
communications towers, physical security enhancements, new construction and
modifications to buildings that are 50 (fifty) years old or more.
20. 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.
21. 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, 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. "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. "
22. 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, agree to the following:
a. Promptly return to the State of California all the funds received which exceed the
approved, actual expenditures as accepted by the federal or state government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduction will be promptly refunded to the State of California.
e. Separately account for interest earned on grant funds, and will return all interest earned,
in excess of $100 per federal fiscal year.
Page 4
0
23. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763)
relating to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. Agrees that:
a. No federal appropriated finds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative agreement.
b. If any other funds than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or an employee of Congress, or employee of a Member
of Congress in connection with the federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
30. 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
Page
I
4001 ...
various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be
deployed in conformance with that Strategy.
31. 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.
32. Will comply with all applicable Federal statutes, regulations, policies, guidelines and
requirements, including OMB Circulars A -21, A -87, A102, A -110, A -122, and A -133, E.O.
12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements.
Will also comply with Title 28, Code of Federal Regulations, Farts 66 and 70, that govern the
application, acceptance and use of Federal funds for federally assisted projects.
33. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements,
Including:
a. Part 18, Administrative Review Procedures.
b. Part 20, Criminal Justice Information Systems.
c. Part 22, Confidentiality of Identifiable Research and Statistical Information.
d. Part 23, Criminal Intelligence Systems Operating Policies.
e. Part 30, Intergovernmental Review of Department of Justice Programs and Activities.
f. Part 35, Nondiscrimination on the Basis of Disability in State and Local Government
Services.
g. Part 38, Equal Treatment of Faith -based Organizations.
h. Part 63, Floodplain Management and Wetland Protection Procedures.
i. Part 42, Nondiscrimination/Equal Employment Opportunities Policies and Procedures.
j. Part 61, Procedures for Implementing the National Environmental Policy Act.
k. Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or
regulations applicable to Federal Assistance Programs.
1. Part 66, Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments.
m. Part 67, Government -Wide Debarment and Suspension (Non- Procurement).
n. Part 69, New Restrictions on Lobbying.
o. Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements
(including sub- awards) with Institutions of Higher Learning, Hospitals and other Non -
Profit Organizations.
p. Part 83, Government -Wide Requirements for a Drug Free Workplace (grants).
34. Will comply with Subtitle A, Title I1 of the Americans with Disabilities Act (ADA) 1990.
35. 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.
36. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of £ands.
— _ Page 6... Initial
4001 .
37. 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 US Department of
Homeland Security (DHS) Financial Management Guide.
38. Agrees that all allocations and use of Rinds under this grant will be in accordance with the FY
2008 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 2008 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 FY2008 Homeland Security Grant
Program application. Further, use of FY08 funds is limited to those investments included in the
California FY08 Investment Justifications submitted to DHS /FEMA and evaluated through the
peer review process.
39. Acknowledges that FEMA reserves a royalty -free, non exclusive, 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. the
recipient agrees to consult with GPD regarding the allocation of any patent rights that arise from,
or are purchased with, this funding.
40. 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."
41. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR
Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part
67, Section 67.510
a. The applicant certifies that it and its principals:
(i) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily
excluded from covered transactions by any Federal department or agency.
(ii) Have not within a three -year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (1)(b) of this certification; and (d) 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
Page 7
40
a •
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.
42. Agrees to comply with the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part
67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 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:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug -free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) 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).
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will
(1) Abide by the terms of the statement; and
(2) 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.
(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
8
(2) 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 -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
43. Will comply with all applicable requirements of all other federal laws, executive orders,
regulations, program and administrative requirements, policies and any other requirements
governing this program..
44. Understands that failure to comply with any of the above assurances may result in suspension,
termination or reduction of grant funds.
As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply
with the above certifications.
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 Authorized Agent: Laura Shin
Title: AiregQx, 01= Unit Date: 10 /1b /08
Page 9 in
EXHIBIT F
PART IV: ALLOWABLE COSTS GUIDANCE
I. U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
PART IV.
GENERAL HSGP ALLOWABLE COSTS GUIDANCE
The following pages outline global allowable costs guidance applicable to all programs
included in the HSGP. A crosswalk of allowable costs across grant programs can be
found in Appendix B.
As a reminder, FY 2008 HSGP will focus on three objectives as its highest priorities:
1. Measuring progress in achieving the National Preparedness Guidelines
2. Strengthening improvised explosive device (IED) deterrence, prevention, and
protection capabilities
3. Strengthening preparedness planning
At least 25 percent of FY 2008 HSGP (State Homeland Security Program [SHSP],
Urban Areas Security Initiative [UASI], Metropolitan Medical Response System [MMRS],
and Citizen Corps Program [CCP]) funding must be allocated to objectives 2 and 3.
At least 25 percent of SHSP award funds and 25 percent of UASI award funds must be
dedicated towards law enforcement terrorism prevention- oriented planning,
organization, training, exercise, and equipment activities.
1. Planning Activities.
States and Urban Areas are strongly encouraged to use FY 2008 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, non - governmental entities, and the
general public in planning activities.3
Allowable planning costs include:
• 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
Developing related terrorism prevention activities
• Developing and enhancing plans and protocols
• Developing or conducting assessments
3 Non - governmental entities include the private sector and private non - profit, faith - based, community,
volunteer and other non - governmental organizations.
18
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U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
Examples of allowable planning costs can be found at http: //www.fema.gov /grants.
2. Organization Activities (SHSP and UASI only).
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."
For SHSP;
a. Only States that do not contain a DHS- designated Urban Area and therefore do not
receive a UASI award are allowed to utilize SHSP funding for Organizational
Activities. For States which do not receive a FY 2008 UASI award, no more than 15
percent of their SHSP award amount may be used for operational expenses and
overtime costs for the three (3) Organizational Activities noted below.
For UASI:
b. No more than 25 percent of each individual UASI award amount may be used for
operational expenses and overtime costs for the three (3) Organizational Activities
noted below.
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 2008 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 U.S. 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.
4 The effectiveness of a request for the use of funds for allowable organizational costs will be judged on
the Investment Justification to illustrate the need for such resources to effectively achieve a capability that
will have a meaningful impact in the reduction of risk.
400i�..�
�. U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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 15 percent of the
State share of the UASI grant). However, those activities must directly
support increased security measures enacted in the UASI jurisdictions.
2. Overtime Costs. Overtime costs (as defined in this guidance) are allowable
for personnel to participate in information, investigative, and intelligence
sharing activities specifically related to homeland security. This includes
activities such as anti - terrorism task forces, JTTFs, Area Maritime Security
Committees (as required by the Maritime Transportation Security Act of
2002), DHS Border Enforcement Security Task Forces, and Integrated Border
Enforcement Teams.
3. Intelligence Analysts. 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. In order to be hired as an
intelligence analyst, staff and /or contractor personnel must meet at least one
of the following criteria:
Successfully complete training to ensure baseline proficiency in
intelligence analysis and production within six months of being hired;
and /or,
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.
Costs associated with hiring new intelligence analysts are allowable only for
two years, after which States and Urban Areas shall be responsible for
supporting the sustainment costs for those intelligence analysts. Use of funds
for the hiring of intelligence analysts represents a commitment by the grantee
to sustain Federally- funded positions after the two -year Federal funding
period with non - Federal funds. Failure to sustain such positions will result in
disqualification of grantees from hiring analysts with Federal funds in future
program years. In order to receive funds for hiring intelligence analysts, the
SAA must retain certification on file stating that the responsible jurisdiction will
assume responsibility for supporting the costs of the hired analysts following
the two -year Federal funding period. This certification must also be
accompanied by a budget plan providing the details of this arrangement.
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,
4001 .
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
computer literacy, and objectivity and intellectual honesty. A certificate of
completion of such training must be on file with the SAA and must be made
available to Preparedness Officers upon request.
3. Equipment Activities.
The 21 allowable prevention, protection, response, and recovery equipment categories
and equipment standards for FY 2008 HSGP are listed on the web -based version of the
Authorized Equipment List (AEL) on the Responder Knowledge Base (RKB), at
httn: / /www. rkb. us.
The Standardized Equipment List (SEL) is located at 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.
4. 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 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.
Additional information regarding training is located in Appendix C.
5. 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 1 -III contain guidance for exercise design, development, conduct,
evaluation and improvement planning. HSEEP Volume IV provides sample exercise
materials and HSEEP Volume V: Prevention Exercises contains guidance and
21
4001 .
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
recommendations for designing, developing, conducting, and evaluating prevention -
focused exercises. All volumes can be found at http: / /hseep.dhs.,qov.
All exercises using HSGP funding must be NIMS compliant. More information is
available online at the NIMS Integration Center,
http: //www. fema. gov/emergencv 1nims1index. shtm.
Additional information regarding exercises is located in Appendix C.
6. Personnel Activities.
Personnel hiring, overtime, and backfill expenses are permitted under this grant in order
to perform allowable FY 2008 HSGP planning, training, exercise, and equipment
activities.
For SHSP and UASI, a personnel cap of up to 15 percent of each of the total
program funds may be used. Grantees who wish to seek a waiver from the
15 percent personnel cap must provide documentation explaining why the 15
percent personnel cap is unacceptable; waiver requests will be considered
only under extreme circumstances.
For MMRS or CCP, the 15 percent personnel cap ceiling does not apply.
The category of personnel costs does not apply to contractors.
FY 2008 HSGP funds may not be used to support the hiring of any personnel for the
purposes of fulfilling traditional public safety duties or to supplant traditional public
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. Backfill- related overtime only includes the difference between
the overtime rate paid and what would have otherwise been paid to the
backfilling employee for regular time. Under no circumstances should the entire
amount of backfill overtime expense be charged to an award. Neither overtime
22
4001.
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
nor backfill expenses are the result of an increase of Full -Time Equivalent (FTE)
employees.
• Supplanting — Replacing a currently State and /or locally budgeted position with
one or more full -time employees or contracted supported in whole or in part with
Federal funds.
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 %).
7. 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 of and renovation to 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:
• Lighting
• Fencing
• Closed- circuit television (CCTV) systems
• Motion detection systems
• 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.
23
41001 • .
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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
• 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.
24
4 Q C, 1
EXHIBIT G
APPENDIX B: AUTHORIZED ALLOWABLE COSTS
4001..'::
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
APPENDIX B.
AUTHORIZED ALLOWABLE COSTS
FY 2008 Allowable Cost Matrix
As of Publication t 1_1 &i
Allowable Planning Costs
Public education & outreach Y I Y
Develop and implement homeland security support programs and adopt ongoing
DHS National Initiatives including State Preparedness Reports Y Y Y Y
Develop and enhance plans and protocols °;Y Y Y
Develop or conduct assessments
Y Y Y
Establish, enhance or evaluate Citizen Corps related volunteer programs
�.Gr Y
Hiring of full- or part-time staff or contract/consultants to assist with planning
�4
activities (not for the purpose of hiring public safety personnel fulfilling traditional
public safety duties )
(X"'``V Y Y Y
Conferences to facilitate planning activities
Y Y Y Y
Materials required to conduct planning activities
Y Y Y Y
Travel/ per diem related to planning activities
Y Y Y Y
Overtime and backfill costs IAW operational Cost Guidance
Y Y Y Y {
Other oroiect areas with nrior arinroval from FEMA 7777 MY
Allowable Organizational Activities
Overtime for information, investigative, and intelligence sharing activities (up to g,
25 percent of the allocations
Reimbursement for select operational expenses associated with increased
security measures at critical infrastructure sites incurred during periods of DHS -
declared alert (up to 25 percent of the allocationI
Hiring of full- or part-time staff or contractors for emergency management
activities
Y
Hiring of new staff positions /contractors/consultants for participation in
information /intelligence analysis and sharing groups or fusion center activities
AY111111
u to 25 percent of the allocation I
Allowable
Personal Protective Equipment
Explosive Device Mitigation and Remediation Equipment
Y
CBRNE Operational Search and Rescue Equipment
,<f
Y,
V, = °�
Information Technology
C ber Security Enhancement Equipment
Intero erable Communications Equipment
Y
Detection
C
• S1
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
Allowable Program Activities
Current as of I13 Programs'
See - respective prograrn guidance for additional
'As of Publication
Decontamination
r
r
FEMA
7
Ire
Medical
. "h t, .n Y
Power
Y
Y
CBRNE Reference Materials
Y
CBRNE Incident Response Vehicles
Y
`7 Y .
Terrorism Incident Prevention Equipment
Y
Physical Securit ent Equipment
Y
Y
Inspection and Sc stems
Agriculture Terrori ntion Response, and Mitigation Equipment
Y
Y
CBRNE Prevention and Response Watercraft
Y
Y
CBRNE Aviation Equipment
CBRNE Logistical Support Equipment
Y
Intervention Equipment
Y
Y
Other Authorized Ec3uiQment
Allowable Training Costs
Overtime and backfill for emergency preparedness and response personnel
attending FEMA-sponsored and approved training classes
�
,�' ;Y Y Y
Overtime and backfill expenses for part-time and volunteer emergency response
personnel participating in FEMA training
" � Y:w. „Y Y
Training workshops and conferences
Y
' „” Y
Full- or art-time staff or contractors /consultants
1C.;°
. , Y
Travel',
IT
• Y
Supplies
Y Y Y Y
Tuition for higher education
Y Y Y.
Other items
Allowable Exercise Related Costs
Design, Develop, Conduct and Evaluate an Exercise
Y_ Y Y _ Y
Exercise planning workshop
"a(�ew,
tY Y Y
Full- or art-time staff or contractors/consultants
a „t
-',Y Y
Overtime and backfill costs, including expenses for part-time and volunteer
emergency response personnel participating in FEMA exercises
Yfi
Y °'
Implementation of HSEEP
Y_
Y_ Y I _ Y
Travel
Y
Y
Supplies
Y
Y Y Y
Other items
Costs Allowable Management & Administrative
Hiring of full- or part-time staff or contractors /consultants to assist with the
management of the respective grant program, application requirements,
compliance with reporting and data collection requirements
Y:
,Y „Y Y
ME
4001 ., ,..
EXHIBIT H
APPENDIX C: HSGP ALLOWABLE EXPENSES: ADDITIONAL
INFORMATION
4 f", 1
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
APPENDIX C.
HSGP ALLOWABLE EXPENSES: ADDITIONAL INFORMATION
A. Overview.
The following provides guidance on allowable costs within Planning, Training, and
Exercise activities. Planning, Training, and Exercise activity examples specific
towards law enforcement terrorism prevention and protection are identified
beginning on page C -11.
1. Planning Activities Information.
The FY 2008 HSGP Guidance and Application Kit defines four 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:
• Implementing the National Preparedness Guidelines
• Costs associated with the adoption, implementation and adherence to
NIMS compliance requirements; including implementing the NIMS
National Credentialing Framework.
• Modifying existing incident management and EOPs to ensure proper
alignment with the NRF coordinating structures, processes, and protocols
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protocols and solutions
• Conducting local, regional, and Tribal program implementation meetings
• Developing or updating resource inventory assets in accordance to typed
resource definitions issued by the NIMS Integration Center (NIC)
• Designing State and local geospatial data systems
• 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
• Preparing materials for the State Preparedness Report (SPR)
Developing related terrorism prevention activities including:
• Developing law enforcement prevention activities, to include establishing
and /or enhancing a fusion center
• Hiring an IT specialist to plan, develop, and implement the IT applications
necessary for a fusion center
40o ,
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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 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 (MJ13
o Underwater Terrorist Protection Plans
• Developing and enhancing plans and protocols, including but not limited to-
o Developing or enhancing ECIPs and operating procedures
• Developing terrorism prevention /deterrence plans
• 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
• Developing or enhancing border security plans
• Developing or enhancing cyber security plans
• Developing or enhancing cyber risk mitigation plans
• Developing or enhancing agriculture /food security risk mitigation,
response, and recovery plans
5 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.
C -2
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U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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 special needs 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, 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:
• Conducting point vulnerability assessments at critical infrastructure
sites /key assets and develop remediation /security plans
• 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
• Conducting cyber risk and vulnerability assessments
• 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
• Conducting Bombing Prevention Capability Analysis
• Activities that directly support the identification of specific catastrophic
incident priority response and recovery projected needs across disciplines
C -3
4001 .
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
(e.g. law enforcement, fire, EMS, public health, behavioral health, public
works, agriculture, information technology, and citizen preparedness)
• Activities that directly support the identification of pre- designated
temporary housing sites
• Conducting community assessments, surveys, and research of
vulnerabilities and resource needs, and determine citizen education and
participation to meet the needs
• Conducting Citizen Corps program assessments and evaluations, citizen
preparedness surveys, volunteer impact studies, and cost/benefit analysis
• Soft target security planning (public gatherings)
A. 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
information. Web -Forms can be accessed through the FEMA Toolkit located at
http✓/www. firstrespondertraining. govladmin.
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
version of this catalog can be accessed at
http:// www .firstrespondertraininp.gov /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
40o .
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
approved through the FEMA course review and approval process. An updated
version of this catalog can be accessed at
htt,o //www firstrespondertraining.gov/odp webforms.
a. FEMA Provided Training. FEMA funds the direct delivery of a variety of classes
that States can request to meet training needs. These classes are listed in the FEMA
approved course catalog listed at http,/ /www.firstresaondertraininp.govl 10 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 Cooperative Training Outreach Program (CO -OP) or the
Excess Delivery Acquisition Program (EDAP).
The FEMA CO -OP has been reworked and renamed as the Voluntary Training
Enhancement Program (VTEP). 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 = be used to support a State, Territory, or Urban Area's implementation of this
program.
EDAP allows a FEMA Training Partner to charge for a course delivery when the Federal
grant that developed the program is completed or more deliveries of a requested class
are needed than the grant funds can accommodate. This cost per class is approved by
FEMA so that States pay for the cost of instruction only, not the curriculum development
costs that were paid by FEMA training grant funds. HSGP funds can be used to pay for
the delivery of these classes within a State at the request of the SAAITPOC.
b. 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
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:
C -5
40o1 • .
s U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
• 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/Terdtory 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.
c. State and Federal- Sponsored Course Catalogs. Courses approved by FEMA will
be added to either the approved State Sponsored Course Catalog or the Federal
Sponsored Course Catalog. Courses identified within these catalogs may be attended
on an unlimited basis within any State/Territory as long as the training is coordinated
and approved by the SAA/TPOC. A full description of the FEMA Course Development,
Review, and Approval Process, as well as the approved course catalogs, can be found
at http:// www .firstresoondertraining.aov/odp 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).
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
4001.,
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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 available at
httallwww. firstrespondertrainin p.gov/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 repav 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 in Appendix C.
3. Allowable Training Costs.
Allowable training - related costs include, but are not limited to, the following:
Funds used to develop, deliver, and evaluate training, including costs related
to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment.
Overtime and Backfill costs, as defined in this guidance, associated with
attending or teaching FEMA- sponsored and /or approved training courses and
programs are allowed. These costs are allowed only to the extent the payment
for such services is in accordance with the policies of the State or unit(s) of local
government and has the approval of the State or the awarding agency,
whichever is applicable. In no case is dual compensation allowable. That is, an
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
400 .
.x U.S. DEPARTMENT OF HOMELAND SECURITY ( HOMELAND SECURITY GRANT PROGRAM
(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. Fringe benefits
on overtime hours are limited to Federal Insurance Contributions Act (FICA),
Workers' Compensation and Unemployment Compensation.
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 an information bulletin issued
in October 2006.
C. 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 Preparedness Officer. 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 schedule
must 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 IV.
States must complete a cycle of exercise activity during the period of this grant. States
and Urban Areas are encouraged to use exercises as an opportunity to meet the
requirements of multiple exercise programs. To this end, grantees are encouraged to
invite representatives /planners involved with other Federally- mandated or private
exercise activities. States and Urban Areas are encouraged to share, at a minimum, the
multi -year training and exercise schedule with those departments, agencies, and
organizations included in the plan.
C -8
400 .
�. U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
Further guidance 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
Ill, "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 1
National -Level Exercise, as defined by the I -Plan, they should plan to use SHSP or
UASI funding to finance training and exercise activities in preparation for that event.
States and Urban Areas should also consider exercises at major venues (e.g., arenas,
convention centers) that focus on evacuations, communications, and command and
control. States should also anticipate participating in at least one Regional Exercise
annually. States must include all confirmed or planned special events in the Multi -year
Training and Exercise Plan.
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.
C -9
40o1 . a
. U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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).
D. Allowable Exercise Costs.
Allowable exercise - related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise —
Includes costs related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel, and documentation.
• Hiring of Full or Part-Time Staff or Contractors /Consultants — Full or part-
time staff may be hired to support exercise - related activities. Such costs must be
included within the funding allowed for program management personnel
expenses, which must not exceed 15 percent of the total allocation. The
applicant's formal written procurement policy or the Federal Acquisition
Regulations (FAR) — whichever is more stringent — must be followed. In no case
is dual compensation allowable.
• Overtime and Backfill — Overtime and backfill costs associated with the design,
development, and conduct of exercises are allowable expenses. These costs
are allowed only to the extent the payment for such services is in accordance
with the policies of the state or unit(s) of local government and has the approval
of the state or the awarding agency, whichever is applicable. In no case is dual
compensation allowable (see above). Fringe benefits on overtime hours are
limited to FICA, Workers' Compensation and Unemployment Compensation.
• 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,
refreshments, gasoline, exercise signs, badges, etc.
�- U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
E. 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).
F. 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
Gil
4U01
40
U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
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:
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
http:/ Aivww .firstrespondertraining.gov/od,o 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 Preparedness Officers 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,
�. U.S. DEPARTMENT OF HOMELAND SECURITY I HOMELAND SECURITY GRANT PROGRAM
CBP)
• Use of interoperable communications equipment
• Collection, analysis, mapping, integration, and dissemination of geospatial data
and imagery
• Geospatial database use, design, development, and management training
• Volunteer participation to support law enforcement and community policing
activities related to increased citizen awareness of terrorism activities, to include
the Volunteers in Police Service and Neighborhood Watch programs
Exercise Activity Examples
Law enforcement terrorism prevention protection - oriented funds may be used to design,
develop, conduct, and evaluate terrorism prevention - related exercises, including the
following:
• Exercises to evaluate the effectiveness of information sharing plans, policies,
procedures, and protocols
• Exercises to evaluate NIMS implementation. This includes costs associated with
exercising components of the NIMS National Credentialing Framework.
• Exercises to evaluate facility and/or vessel security protection
• Exercises to evaluate area maritime security protection
• Exercises to evaluate threat recognition capabilities
• Exercises to evaluate cyber security capabilities
• Exercises to evaluate agricultural /food security capabilities
• Exercises to evaluate prevention readiness and techniques
• "Red Team" (force on force) exercises
• Interoperable communications exercises
• Critical infrastructure vulnerability, protection, and /or attack exercises
Where practical, these exercises should involve the public sector, non - governmental
partners, trained citizen volunteers, and the general public. State and 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.
C -13
4001...
EXHIBIT I
EQUIPMENT LEDGER
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400;
EXHIBIT M
MODIFICATION REQUEST FORM
40
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRANT
MODIFICATION REQUEST FORM
PLEASE RETURN TO:
Grant Specialist
Mayor's Office of Homeland Security and Public Safety
200 N. Spring Street, Room M175C
Los Angeles, CA 90012
Fax: 213 978 -0718
Please fill out this form with detail and accuracy. Forms will not be processed without correct reference
numbers and project numbers. Submission of this form is a request only and does not guarantee approval.
Modification of funds is not guaranteed and is at the discretion of the grant administrator, the State, and
Federal governments.
Date of Request:
Grant:
Grant Fiscal Year:
Requesting Agency:
Prepared By:
Phone Number:
Amount of Modification:
From:
Reference No. to be reallocated from:
Project No. to be reallocated from:
Project Name:
Discipline:
Solution Area:
Solution Area Sub - Category (See Workbook):
Current funds in line item prior to Modification:
Total funds in line item after Modification:
To:
Reference No. to be reallocated to:
Project No. to be reallocated to:
Project Name:
Discipline:
Solution Area:
Solution Area Sub - Category (See Workbook):
Equipment
AEL No.:
AEL Title:
QUANTITY of each equipment item:
COST of each equipment item:
Training: ODP Tracking No.:
Current funds in line item prior to Modification:
Total funds in line item after Modification:
Reason fo" irWoo `&6ation
Authorized Agent Approval Signature
Date
L.A. MAYOR'S OFFICE -- INTERNAL USE ONLY
Approved By: Amount: Date:
400 1
EXHIBIT N
MODIFICATION REQUESTION SUBMISSION SCHEDULE
40
MODIFICATION REQUEST SUBMISSION SCHEDULE
Modification requests must be submitted to the City no later than 30 days
before the end of each fiscal quarter, as follows:
Fiscal Quarter Ends:
March 31
June 30
September 30
December 31
Requests Must Be Submitted BY:
March 1
May 31
August 31
December 1
Submissions made after the deadline will be returned to the City of * ** and will
not be accepted until the following submission period. The City will notify the City
of * ** in writing if reallocations requests are inaccurate and /or incomplete.
Inaccurate and /or incomplete reallocation requests shall be returned to the City
of * ** for revision and shall be accepted by the City when reallocation requests
are accurate and complete.
Final modification requests must be submitted to the City no later than
December 31, 2010.
400
EXHIBIT O
PROJECT EXTENSION REQUEST FORM
GOVERNOR'S OFFICE OF HOMELAND SECURITY
Request for Project Extension
Rev. 10/16/08
Homeland Security Grant Pro ram FY: Grant Number: FIPS#
PROJECT EXTENSION RE. UEST
Submitted by:
Project #:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Deadline:
Requested Performance Extension Deadline:
1) Describe the details of the project:
2) What is the current status of the project?
Date:
3) Please provide a timeline as to how you will meet the new requested performance date:
4) How have you analyzed your errors in the initial timeline? What are the reasons why the
project is late?
5) How have you improved your planning and project management process to avoid future
delays if this request is granted? What plans and documentation do you have in place to
guarantee the requested deadline will be met?
4
6 )List and describe all equipment with costs and AEL #s:
Equipment & Description Cost AEL
number
7) Board Approval: Staff Report for Board, or date it will be approved by board?
Please attach an EOC, RTTAC /JRIC, Aviation, or Watercraft Request form if applicable.
4001 .
c 6
EXHIBIT P
REIMBURSEMENT REQUEST FORM
CITY OF LOS ANGELES
URBAN AREA SECURITY INITIATIVE GRANT
Reimbursement Request Form
Return Reimbursement Requests to:
Grant Specialist
Mayor's Office of Homeland Security and Public Safety
200 N. Spring St., Room #M175C
Los Angeles, CA 90012
Phone: 213.978.0701
Fax: 213.978.0718
Core City: City of Los Angeles
Requesting Agency:
Reimbursement Period: to
40 o i ,
Prepared By:
UASI FY06 ❑ Phone No.:
UASI FY07 ❑ Please mark this box to indicate final
UASI FY08 ❑ Ref # Project # request for reimbursement ❑
This reimbursement claim is in all respects true, correct, and all expenditures were made in accordance
with applicable laws, rules, regulations, and grant conditions and assurances. In addition, this claim
is for cost incurred within the Grant Performance Period. Also, all supporting documentation related to
these expenditures will be retained in accordance with grant guidelines.
Authorized Department Approval:
Print Name
Title
Signature Date
Phone No. (extension) Fax No.
E -mail Address
Please Remit Payment to:
Name
Address
City State Zip
Reference No.
To be completed by HSPS Accounting Department
DHS /OES Reimbursement Request By: Transaction ID: Date:
DHS /OES Reimbursement Received: Cash Receipt No. JV No.
Transfer to Depart Date: JV No. Invoice No.
4001
EXHIBIT Q
AVIATION EQUIPMENT REQUEST FORM
4001 ..
GOVERNOR'S OFFICE OF HOMELAND SECURITY
Request for Aviation Equipment
Homeland Security Grant Program Grant Number: OES ID#
Line # / Project #:
Request for
(Please answer ALL relevant questions in narrative form)
AVIATION REQUESTS
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:
a. The area that will be served by the requested equipment.
b. Your organization's current capabilities and limitations which necessitate the purchase
of this equipment.
C. How the acquisition of this equipment will enhance your organization's capability to
prevent, mitigate against, respond to or recover from CBRNE events.
d. The equipment requested.
e. Letters of endorsement, if applicable (on a separate attachment).
4001
EXHIBIT R
ESTABLISH /ENHANCE EOC REQUEST FORM
40 ci I . s
GOVERNOR'S OFFICE OF HOMELAND SECURITY
Request for Establish/Enhance Emergency Operations Center (EOC)
Homeland Security Grant Program Grant Number: OES ID#
Line # / Project #:
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 Alternate /Back -up /Duplicate EOC
2. 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).
Provide justification of why equipment listed is needed.
3. Identify anticipated costs to establish/enhance your organization's EOC. Include AEL #s next
to the equipment.
Supplies/Equipment Cost
Computers
Network Servers
Printers
Computer accessory devices (i.e. surge protectors, battery backups, etc.)
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Office Furniture (i.e. chairs, desks, tables, modular furniture, partitions, etc.)
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.
Televisions
Telephone systems
Software development
Commercial off -the -shelf (COTS) software
Moving Costs (Explain the circumstances under which the moving or leasing costs
will be incurred.
GIS plotter and software
Standardized mapping software
Standardized emergency management software
Fax machines
Copy machines
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
Other:
4001 • s ..
EXHIBIT S
ESTABLISHIENHANCE JRIC REQUEST FORM
40u.I • ...#
GOVERNOR'S OFFICE OF HOMELAND SECURITY
Request for Establish/Enhance Joint Regional Intelligence Center (JRIC)
Homeland Security Grant Program Grant Number: OES ID#
Line # / Project #:
ESTABLISH/ENHANCE JOINT REGIONAL INTELLIGENCE CENTER URIC) REQUEST
What type of JRIC does your organization plan to establish/enhance? (Choose one of the
following)
Primary JRIC Alternate /Back -up /Duplicate JRIC
2. Describe how the establishment /enhancement of a JRIC improves your organization's ability to
prevent, plan for, respond to, and recover from a terrorism event (on a separate attachment).
Provide justification of why equipment listed is needed.
Identify anticipated costs to establish /enhance your organization's JRIC. Include AEL #s next
to the equipment.
Supplies/Equipment Cost
Computers
Network Servers
Printers
Computer accessory devices (i.e. surge protectors, battery backups, etc.)
Computer maintenance contracts
Computer connections and cables (including fiber optic cabling)
Office Furniture (i.e. chairs, desks, tables, modular furniture, partitions, etc.)
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.
Televisions
Telephone systems
Software development
Commercial off -the -shelf (COTS) software
4%01 -,,4
Moving Costs (Explain the circumstances under which the moving or leasing costs
will be incurred.
GIS plotter and software
Standardized mapping software
Standardized emergency management software
Fax machines
Copy machines
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
Other:
EXHIBIT T
PRO FORMA IMPLEMENTATION PLAN
Los Angeles /Long Beach
Urban Area Security Initiative
Fiscal Year 2008 Grant Program
<Insert Project Name>
<Insert Project #>
Implementation Plan
<Insert Agency Name>
<Insert Date>
40 u . • .
40
<Insert Project Narne>
<Insert Lead Agency Name>
FY08 UASI Implementation Plan
<Insert Lead Agency Name>
<Insert Project Name>
Implementation Plan
Project #
<Insert Project Number>
Mayor's Line Item Reference #
<Insert Reference Number from UASI 2008 Workbook>
Project Description
<Insert a detailed description of the project>
Funds Allocated
<Insert dollar amount allocated for this project>
Agency Involvement
40 u ,
<Insert Project Name>
FY08 UASI Implementation Plan
Lead Agent. <If multiple agencies are responsible for the implementation of this project
(whether in the same jurisdiction or not), identify the one agency that will take primary
responsibility for coordinating and overseeing the implementation of this project. Only one
agency may serve as the lead agency.>
Participating Agencies: < Identify additional agencies (across jurisdictions if applicable) that have
direct involvement in the implementation of this project. List each appropriate agency. A
participating agency will not receive funding directly from the UASI>
Points of Contact
Lead POC: <The primary POC for the project must be from the Lead Agency. This person will
be the primary liaison to the City of Los Angeles Mayor's Office>
Agency:
Telephone:
Fax:
Email:
Address:
Alternate Lead POC Telephone:
Participating Agency POC Telephone:
Subject Matter Expert POC:
Agency:
Telephone:
Fax:
<Insert Lead Agency Name>
Email:
Address:
40 n
J ,
<Insert Project Name>
FY08 UASI Implementation Plan
Intended Use of Funds
Insert Dollar amounts for each Solution Area and Solution Area Sub- Catezory AND
FOR LA CITY DEPARTMENTS, please specify:
Will contracting authority be required?
If yes:
Total amount of the contract:
Contract term:
Is this an informal procurement (LA City under $100k)?
Will an RFP be issued (LA City over $100k)?
Will you use a sole- source vendor? If yes, please attach a completed OHS sole source
form. The sole source vendor will require OHSAPPROVAL and COUNCIL APPROVAL
prior to executing the contract.
Will consulting services be purchased?
Will position or hiring authority be required?
If yes:
Identify Position Authority(ies) requested:
Amount of the grant that is allocated to salary:
Amount of fringe benefits and CAP rate:
Fund/Department /Account Name /Account Number that the salaries will be
transferred into each fiscal year:
FOR PARTNER CITIES, please specify:
Will you use a sole- source vendor? If yes, please attach the OHS sole source form. The
sole source vendor will require OHS APPROVAL prior to executing the contract.
Equipment (Purchase): < Insert Total Amount >
Exercises
In House: <Insert Total Amount >
OvertimeBackfill: <Insert Total Amount >
Contracted: <Insert Total Amount >
Planning
In House: <Insert Total Amount >
Contracted: < Insert Total Amount >
Organization:
OvertimeBackfill: <Insert Total Amount >
Staffing: <Insert Total Amount >
Contracted: <Insert Total Amount >
Training
In House: <Insert Total Amount >
4 U U I
<Insert Lead Agency Name> <Insert Project Name>
FY08 UASI Implementation Plan
OvertimeBackfill: <Insert Total Amount >
Contracted/Purchased: <Insert Total Amount >
Roles and Responsibilities
City of Los Angeles, Mayor's Office
• Accepts the aggregate Los Angeles /Long Beach UASI grant allocation from the
California Governor's Office of Homeland Security.
• Requests Los Angeles City Council approvals as required throughout the performance
period.
• Distributes grant allocations from the aggregate amount to the lead agencies for priority
projects as determined by the Los Angeles /Long Beach UASI Approval Authority.
• Supports lead and other involved agencies in avoiding or overcoming obstacles to grant
implementation.
• Makes available appropriate resources under its authority to support effective
implementation within lead and other involved agencies.
• Performs personal services procurement and contracting for Los Angeles City
Departments.
• Monitors the implementation of grant allocations by lead and other involved agencies.
• Reports quarterly on the status of FY08 UASI implementation to the California
Governor's Office of Homeland Security and the U.S. Department of Homeland Security
as appropriate.
• Demonstrates that the implementation of UASI funds is a priority of the Urban Area.
<Insert Lead Agency Name>
• Accepts the project - specific grant allocation from the City of Los Angeles Mayor's
Office.
• Notifies other agencies with direct involvement in the implementation of the funded
project about the award and their roles and responsibilities.
• Coordinates meetings with all directly involved agencies to facilitate the appropriate use
of funds.
• As determined in coordination with all involved agencies, distributes the grant allocation
to other agencies involved and/or executes expenditures on behalf of the involved
agencies.
Ensures that allocations distributed to other involved agencies are used appropriately and
in a timely manner.
• Maintains a primary point of contact to oversee the project implementation activity and to
serve as a liaison to other involved agencies and the City of Los Angeles Mayor's Office.
• Reports to the City of Los Angeles Mayor's Office on the status of funding and project
implementation in accordance with reporting procedures described in the next section.
40 0 1 • , . ,
<Insert Lead Agency Name> <Insert Project Name>
FY08 UASI Implementation Plan
• Promptly reports to the City of Los Angeles Mayor's Office any issues that may
negatively impact the implementation schedule identified in this Plan, particularly those
involving coordination across agencies and /or jurisdictions.
• Measures and reports to the City of Los Angeles Mayor's Office the effectiveness of
activities that resulted from the project's implementation.
• Demonstrates that the implementation of UASI funds is a priority of the organization.
Other Involved Agencies
• Supports the Lead Agency in implementing the project and grant allocation.
• Identifies a primary point of contact to support and coordinate with the Lead Agency
point of contact on all project related issues.
• Accepts project - specific grant allocations from the Lead Agency, if applicable.
• Ensures that allocations are used appropriately and in a timely manner, if applicable.
• Reports to the Lead Agency on the status of funding and project implementation.
• Promptly reports to the Lead Agency any issues that may negatively impact the
implementation schedule identified in this Plan, particularly those involving coordination
across agencies and/or jurisdictions.
• Measures and reports to the Lead Agency the effectiveness of activities that resulted from
the allocation's implementation.
• Demonstrates that the implementation of UASI funds is a priority of the organization.
Reporting Procedure
As the lead agency for the <Insert Project Name and Number> under the FY08 UASI grant, the
<Insert Lead Agency Name> will report to the City of Los Angeles Mayor's Office, the
administrator for the Los Angeles/Long Beach UASI, on a regular basis and as requested. The
following reporting standards will be followed over the life of this project:
Report should be sent quarterly to the City of Los Angeles Mayor's Office, designated Grants
Specialist, <POC name, email, address> via <hard- copy- mail /email >. The report should include
all information necessary to satisfy the City, UASI, CA OHS, and DHS requirements. An
example of the reporting requirements may include: obligated funds (amount that has been
dedicated to current orders), funds expended, amount that has been reimbursed, equipment
inventory listing, and status of activities in the Implementation Schedule.
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<Insert Lead Agency Name>
Averting Implementation Obstacles
<Insert Project Name>
FY08 UASI Implementation Plan
If potential challenges /obstacles exist to the timely implementation of the grant awarded for this
project (i.e., affecting the Implementation Schedule laid out in the previous section), then you
may identify them in this section. However, identified challenges /obstacles are not to become
excuses for not effectively implementing the grant. Therefore, for each challenge identified an
associated strategy for averting the obstacle must be described.
This section may be expanded as needed or removed if it is not applicable.
Obstacle 1: <Insert Description of Obstacle, if Applicable>
Averting Strategy: <Insert Strategy — Required if an Obstacle is Identified>
Obstacle 2: <Insert Description of Obstacle, if Applicable>
Avertin Strategy: trategy: <Insert Strategy — Required if an Obstacle is Identified>
Obstacle 3. <Insert Description of Obstacle, if Applicable>
Averting Strategy: <Insert Strategy — Required if an Obstacle is Identified>
Equipment Inventory Listing
Descri