Agenda packet — Visalia City Council, March 18, 2024 (part 3 of 5)

Scope/objective changes will be considered on a case-by-case basis, provided the change does not negatively impact the competitive process used to recommend NSGP awards. Requests to change the scope or objective of the grant-funded activity after the award is made must be submitted by the SAA via ND Grants as a Scope Change Amendment. The amendment request must include the following:
• A written request from the NSGP subrecipient on its letterhead, outlining the scope or objective change, including the approved projects from the subrecipient’s IJ, the funds and relative scope or objective significance allocated to those projects, the proposed changes, and any resulting reallocations as a result of the change of scope or objective; • An explanation why the change of scope or objective is necessary; • Validation from the SAA that any deviations from the approved IJ are addressed in the vulnerability assessment submitted by the subrecipient at the time of application; and • The subrecipient request must also address whether the proposed changes will impact its ability to complete the project within the award’s period of performance.

FEMA will generally not approve NSGP change-of-scope requests resulting from the following situations:
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• Subrecipients that relocate their facilities after submitting their application who are requesting a change of scope to allow them to use NSGP funds towards projects at the new facility; or • Subrecipients that renovate their facilities after submitting their application in cases where the subsequent renovations would affect the vulnerability/risk assessment upon which the IJ is based.

NSGP project funding is based on the ability of the proposed project to mitigate the risk factors identified in the IJ. For this reason, FEMA may reject requests to significantly change the physical security enhancements that are purchased with NSGP funding where FEMA believes approval of the request would change or exceed the scope of the originally approved project. FEMA will consider all requests to deviate from the security project as originally proposed on a case-by-case basis, consistent with 2 C.F.R. § 200.308(c)(1).

Subrecipients may not proceed with implementing any scope/objective changes until the SAA receives written approval from FEMA through ND Grants and until the SAA has made any required subaward modifications.

If a subrecipient is simply making changes to its own budget without impacting the scope or objective of the subaward, and where the budget changes do not involve other prior approval requirements listed in 2 C.F.R. § 200.407, then the subrecipient does not need the prior approval of the SAA or FEMA. See 2 C.F.R. § 200.308. Instead, the subrecipient is only required to report to the SAA the budget changes.

Similarly, the SAA should report those budget changes to FEMA.

Pass-Through Requirements
Pass-through funding is required under this program. Awards made to the SAA for the NSGP carry additional pass-through requirements. Pass-through is defined as an obligation on the part of the state to make subawards to selected nonprofit organizations. The SAA must provide funds awarded under NSGP to successful nonprofit applicants within 45 days of receipt of the funds. A letter of intent (or equivalent) to distribute funds is not sufficient. Award subrecipients that are selected for funding under this program must be provided with funding within 45 days from the date the funds are first made available to the recipient so that they can initiate implementation of approved investments.

For the SAA to successfully meet the pass-through requirement and provide funding to the subrecipients, the SAA must meet the following four requirements:
• There must be some action by the SAA to establish a firm commitment to award the funds to the selected nonprofit organization;
• The action must be unconditional on the part of the SAA (i.e., no contingencies for availability of SAA funds);
• There must be documentary evidence of the commitment of the award of funding to the selected nonprofit organization; and
• The SAA must communicate the terms of the subaward to the selected nonprofit organization.

If a nonprofit organization is selected for an NSGP award and elects to decline the award, the SAA must notify their FEMA Preparedness Officer. The SAA may not re-obligate to another subrecipient without prior approval. “Receipt of the funds” occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award, whichever is earlier. SAAs are sent notification of NSGP awards via the ND Grants system. If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar day pass-through period will start on the date the SAA accepted the award. Should an SAA not accept the NSGP award within 15 calendar days of 456
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receiving notice of the award in the ND Grants system, the 45-calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system.

It is important to note that the period of performance start date does not directly affect the start of the 45- calendar day pass-through period. For example, an SAA may receive notice of the NSGP award on August 20, 2023, while the period of performance dates for that award are September 1, 2023, through August 31, 2026. In this example, the 45-day pass-through period will begin on the date the SAA accepts the NSGP award or September 4, 2023 (15 calendar days after the SAA was notified of the award), whichever date occurs first. The period of performance start date of September 1, 2023 would not affect the timing of meeting the 45-calendar day pass-through requirement.

SAM/UEI Requirements for Recipients and Subrecipients
As the direct applicant and recipient of NSGP funding, the SAA is required to have a Unique Entity Identifier (UEI) number and be registered in the System for Award Management (SAM) and must maintain the currency of the ’AA's information in SAM until the SAA submits the final financial report required under the award or receives final payment, whichever is later. First tier subrecipients, including nonprofit organizations under the NSGP, will only be required to register in SAM.gov to obtain the UEI, but will not be required to maintain an active registration in SAM.gov. Further guidance on obtaining a UEI in SAM.gov can be found at GSA UEI Update and here SAM.gov Update. 457
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Program Appendix D:

Transit Security Grant Program (TSGP)
As a reminder, while this appendix contains TSGP-specific information and requirements, the main content of this Manual (non-appendix information) contains important information relevant to all preparedness grant programs, including the TSGP. Please be sure to read the main content of this Manual in addition to the program-specific appendices.

TSGP grant recipients may only use TSGP grant funds for the purpose set forth in the Notice of Funding Opportunity (NOFO), and all investments must be consistent with the statutory authority for the award.

Grant funds may not be used for matching funds for other federal awards, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the Federal Government or any other government entity.

TSGP Funding Guidelines
Costs charged to a TSGP award must be consistent with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, located at 2 C.F.R. Part 200. For more information on 2 C.F.R. Part 200, please see Information Bulletin (IB) 400, FEMA’s Implementation of 2 C.F.R. Part 200, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Super Circular” or “Omni Circular”), dated December 23, 2014, regarding FEMA’s implementation of these provisions prior to the recent 2020 revisions. For information on the recent revisions to these regulations, see 2 CFR Grants Management Policy Updates.

Pre-Award Costs
Pre-award costs are not allowable and will not be approved, with the exception of costs resulting from pre-award grant writing services provided by an independent contractor that shall not exceed $1,500.00.

See below for more information on these costs.

TSGP Priorities
See the annual TSGP NOFO.

Security Plan Requirements
The following information regarding security plan requirements is provided in 6 U.S.C. § 1134(c)(2):

Security plans should include the following, as appropriate:
• A prioritized list of all items included in the public transportation agency’s security assessment that have not yet been addressed;
• A detailed list of any additional capital and operational improvements identified by DHS or the public transportation agency and a certification of the public transportation agency’s technical capacity for operating and maintaining any security equipment that may be identified in such list; 458
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• Specific procedures to be implemented or used by the public transportation agency in response to a terrorist attack, including evacuation and passenger communication plans and appropriate evacuation and communication measures for the elderly and individuals with disabilities; • A coordinated response plan that establishes procedures for appropriate interaction with state and local law enforcement agencies, emergency responders, and federal officials in order to coordinate security measures and plans for response in the event of a terrorist attack or other major incident;
• A strategy and timeline for conducting training under 49 C.F.R. § 1570.109(b) and 49 C.F.R. Part 1582;
• Plans for providing redundant and other appropriate backup systems necessary to ensure the continued operation of critical elements of the public transportation system in the event of a terrorist attack or other major incident;
• Plans for providing service capabilities throughout the system in the event of a terrorist attack or other major incident in the city or region which the public transportation system serves; • Methods to mitigate damage within a public transportation system in case of an attack on the system, including a plan for communication and coordination with emergency responders; and • Other actions or procedures as the Secretary of Homeland Security determines are appropriate to address the security of the public transportation system.

Allowable Direct Costs
Specific investments made in support of the funding priorities in the annual TSGP NOFO generally fall into one of the following six allowable expense categories:
• Planning;
• Operational Activities;
• Equipment and Capital Projects;
• Training and Awareness Campaigns;
• Exercises; and
• Management and Administration.

The following provides guidance on allowable costs within each of these areas:

Planning
Planning activities address the Soft Targets/Crowded Places; Cybersecurity; and Planning Priorities.

TSGP funds may be used for the following types of planning activities:
• Development and enhancement of system-wide security risk management plans that ensure the continuity of essential functions, to include cyber;
• Development or further strengthening of continuity plans, response plans, station action plans, risk assessments, and asset-specific remediation plans; • Development or further strengthening of security assessments, including multi-agency and multi- jurisdictional partnerships and conferences to facilitate planning activities; • Hiring of full or part-time staff and contractors or consultants to assist with planning activities only to the extent that such expenses are for the allowable activities within the scope of the grant (not for the purpose of hiring public safety personnel); hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327; • Materials required to conduct planning activities;
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• Conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using the Infrastructure Resilience Planning Framework and related CISA resources;
• Planning activities related to alert and warning capabilities; and • Other project planning activities with prior approval from FEMA.

Operational Activities
Operational Activities address the Soft Targets/Crowded Places Priority.

FEMA encourages applicants to develop innovative operational approaches to enhance the security of transit systems. Projects that use visible, unpredictable deterrence, to include operational packages dealing with explosive detection canine teams, mobile screening teams, and anti-terrorism teams, directly support enhancing the protection of soft targets and crowded places. Implementation of one of the three Operational Package (OPack) models discussed below complements existing security systems and provides an appropriate, practical, and cost-effective means of protecting assets.

Agencies may submit Investment Justifications (IJ) to fund transit security police forces/law enforcement providers for patrols and activities on overtime, such as directed patrols, additional canine teams, mobile screening teams, or anti-terrorism team patrols. These activities must be dedicated to the transit environment and must be anti-terrorism in nature. Agencies must identify the type of activity, length of operation (hours), number of personnel, and cost based on length of operation and personnel. Agencies should also provide a risk-based justification for the request, to include linkage to a known event, such as hosting a significant regional sporting or political event; or a period of heightened awareness, such as a national holiday. Three OPack types have been developed to support operational activities and are available for funding under the TSGP:
• Explosives Detection Canine Teams (EDCTs). When combined with the existing capability of a transit security/police force, the added value provided through the addition of an EDCT is significant. EDCTs are a proven, reliable resource to detect explosives and are a key component in a balanced counter-sabotage program. The TSGP will provide funds to establish dedicated security/police force canine teams. Each canine team will be composed of one dog and one handler.
• Anti-Terrorism Teams (ATTs). The ATT capability provided through TSGP funding is for uniformed, dedicated transit patrols on a normal operational basis, rather than using teams only for a surge capacity as provided by FEMA in the past. ATTs do not supersede other local transit security forces; rather, they augment current capabilities. Each ATT will consist of four individuals, including two overt elements (e.g., uniformed transit sector law enforcement officer, canine team, mobile explosive screeners), and two discreet observer elements. • Mobile Explosive Screening Teams (MESTs). The MESt OPack will allow recipients the flexibility to deploy combinations of certified explosive ordinance technicians with mobile explosive screening technologies, including during local National Special Security Events. This screening technology will be coupled with mobile explosive screening technologies. Each MEST should have a minimum of two members and one mobile explosive screening apparatus.

Note: Funds for canine teams may not be used to fund drug detection and apprehension technique training. Only explosives detection training for the canine teams will be funded. 460
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Funding Availability for OPacks
OPacks have the potential to be funded for up to a 36-month period from the award date. The monetary figures presented below are stated in terms of cost per period of performance (which indicates actual/complete funding for the 36-month period). Additionally, any OPack costs after the 36-month period of performance (including expenses related to the maintenance, personnel, equipment, etc.) are the responsibility of the applicable transit system. If these positions are not sustained, the public transportation agency may not be eligible for this personnel support in the future. The table below identifies the maximum funding available for the different OPack types.

Available Funding for OPacks
Operational Package
Maximum Funding per Year
(12 months)
Maximum Funding per Period of
Performance (36 months)
EDCT $150,000 per team $450,000 per team
ATT $500,000 per team $1,500,000 per team
MEST $600,000 per team $1,800,000 per team
OPack Requirements
TSGp OPack funds may be used for new positions or to sustain existing capabilities/programs (e.g., canine teams) already supported by the recipient. Applicants submitting IJs for both new OPacks and sustainment funding for existing OPacks must clearly indicate which is their highest priority if funding is available for only one of the IJs. Additionally, applicants must provide the number of existing teams (EDCT, ATT, and MEST) already in place with either in-house funding or TSGP funding. The table below identifies specific OPack requirements.

OPack Requirements
Operational Package Requirements
Explosives Detection Canine Teams Please refer to the pages below for detailed information regarding EDCTs under the TSGP.

Five-Year Security Capital Plan and Operational Sustainment Applicant requests for OPack funding must include the submission of a Five-Year Security Capital and Operational Sustainment Plan in ND Grants. This plan must include how the agency proposes to implement capital projects and demonstrate how the agency will sustain the operational investments (including officers hired with federal funding) and capabilities after grant funding has been expended.

Requests for OPacks will not be funded if the applicant does not have a Security Capital and Operational Sustainment Plan.
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Operational Package Requirements
Anti-Terrorism Teams
Specific for the Canine Team within the ATT:
• Each canine team, composed of one dog and one handler, must be certified by an appropriate, qualified organization; • Canines should receive an initial basic training course and also weekly maintenance training sessions thereafter to maintain the certification;
• The basic training averages 10 weeks for the team, with weekly training and daily exercising (comparable training and certification standards, such as those promulgated by the Transportation Security Administration (TSA) Explosive
Detection Canine Program), the National Police Canine
Association (NPCA), the United States Police Canine
Association (USPCA), or the International Explosive
Detection Dog Association (IEDDA) may be used to meet
this requirement;
• The individuals hired for the covert and overt elements must be properly trained law enforcement officers; and
• Certifications should be on file with the recipient and must be made available to FEMA upon request
Mobile Explosives Screening Team Certifications should be on file with the recipient and must be made available to FEMA upon request.

Allowable Expenses for OPacks
The below table identifies allowable expenses for the various OPacks. Please see the inserted notes for clarification of certain allowable costs.

Allowable Expenses for OPacks
Operational Package
Salary and Fringe
Benefits
Training and
Certification
Equipment Costs
Purchase and Train
a Canine
Canine Costsb
1) EDCTa ✓ ✓ ✓ ✓c ✓
2) ATT ✓ ✓ ✓ ✓ ✓
3) MEST ✓ ✓d
a Travel costs associated with training for personnel, handlers, and canines are allowable b Canine costs include but are not limited to veterinary, housing, and feeding costs c One type of allowable training is training specific to the detection of common explosives odors. d Equipment and other costs can include but are not limited to explosives detection; stainless steel search tables; consumables such as gloves, swabs, and alcohol; and land mobile radios Specific Guidance on EDCTs
EDCT Certification. Each EDCT, composed of one dog and one handler, must be certified by an appropriate, qualified organization. TSA-certified EDCTs will meet or exceed certification standards set by the TSA National Explosives Detection Canine Team Program (NEDCTP). Recipient EDCTs that do not participate in the NEDCTP will be required to certify annually under their respective agency, local 462
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and state regulations. The recipient (i.e., TSGP-grant supported) will maintain certification, utilization, and training data to show their compliance in meeting or exceeding those guidelines set forth by the Scientific Working Group on Dog and Orthogonal Detection Guidelines (SWGDOG), as of September 14, 2007, in addition to requirements set forth in the NOFO.

EDCT Submission Requirements
1) The recipient will ensure that a written security procedure plan exists for the safekeeping of all explosive training aids, including safe transportation. The recipient will document the removal, use, and return of explosive training aids used during training exercises or for any other reason.

The plan and all documentation must be made available to FEMA upon request; 2) The recipient will comply with requirements for the proper storage, handling, and transportation of all explosive training aids in accordance with the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Publication 5400.7 (ATF P 5400.7) (09/00), Federal Explosive Law and Regulation; 3) The recipient will ensure that certified EDCTs are available to respond to situations 24 hours a day, seven days per week on an on-duty or off-duty on call basis. If TSGP-funded EDCTs are not available, other non-TSGP-funded EDCTs may be utilized for this response. The intent is to provide maximum coverage during peak operating hours and to maintain the ability to promptly respond to threats that affect public safety or mass transit operations; 4) EDCTs under this grant are single purpose and will be trained to detect “live” explosives only not “simulated” explosives. EDCTs must not have received previous training to detect any other substances;
5) Recipient EDCTs will ensure that each EDCT receives on-site proficiency training at a minimum of four hours per week per duty cycle. This training shall include, but not be limited to mass transit passenger cars, terminal/platform, luggage, freight/warehouse, and vehicles. Complete, detailed, and accurate training records must be maintained for all proficiency training conducted by each EDCT. These records must be made available to FEMA upon request; 6) The TSGP grant recipient will conduct appropriate training or other canine activities, within view of the public, to increase public awareness of EDCTs and provide a noticeable deterrent to acts which affect public safety or mass transit operations. Recipient EDCTs will also ensure that such activities include, over a period of time, a presence in operational areas of the mass transit system during peak and off-peak hours. The recipient agrees that EDCTs will be utilized in the field at least 80% of their duty time, annually;
7) Recipient EDCTs will provide safe and sanitary kennel facilities for program canines, and these costs may be allowable with prior approval by FEMA. This applies to kenneling canines at the mass transit system, handlers’ residences, or commercial boarding facilities. Canines must not be left in makeshift accommodations or without proper supervision, protection, and care. The recipient will ensure that canines are transported on-duty and off-duty in vehicles configured with adequate temperature control, padding and screening to ensure proper health, safety, and security; and
8) Recipient EDCTs will ensure that adequate routine and emergency veterinary care are provided for all canines.

Note: FEMA reserves the right to conduct an on-site operational and record review upon 48-hour notice to ensure compliance with applicable federal regulations.

Equipment and Capital Projects
Equipment and Capital Projects address the Soft Targets/Crowded Places; Cybersecurity; and Equipment/Capital Projects Priorities.
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Priority projects include Top Transit Asset List (TTAL) risk remediation and protection of other high- risk, high-consequence areas or systems that have been identified through system-wide risk assessments.

These costs include:
• Projects related to physical security enhancements at rail and bus stations in Urban Area Security Initiative (UASI) jurisdictions including security cameras, security screening equipment for people and baggage, and access control (e.g., fences, gates, barriers, etc.); and • Projects related to cybersecurity of access control, sensors, security cameras, badge/ID readers, Industrial Control System (ICS)/Supervisory Control and Data Acquisition (SCADA) systems, process monitors and controls, etc. or passenger/vehicle/cargo security screening equipment support. Cybersecurity assessments are allowable.

Equipment Acquisition
TSGP funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards. TSGP funds may be used for the following categories of equipment. A comprehensive listing of allowable equipment categories and types is found in the Authorized Equipment List (AEL).

These costs include:
• Personal protection equipment;
• Explosive device mitigation and remediation equipment; • Chemical, biological, radiological, nuclear, and explosive (CBRNE) operational search and rescue equipment, logistical support equipment, reference materials, or incident response vehicles • Interoperable communications equipment, including alert and warning capabilities; • Components or systems needed to address flaws in the computerized systems that control generators, switching stations, and electrical substations as well as other threats to infrastructure critical to the U.S. economy;
• Detection Equipment;
• Power equipment;
• Terrorism incident prevention equipment; and
• Physical security enhancement equipment.

Recipients and subrecipients may purchase equipment not listed on the AEL, but only if they first seek and obtain prior approval from FEMA.

Unless otherwise noted, equipment must be certified as meeting required regulatory and FEMA-adopted standards to be eligible for purchase using TSGP funds. Equipment must comply with the Occupational Safety and Health Act requirement for certification of electrical equipment by a nationally recognized testing laboratory and demonstrate compliance with relevant FEMA-adopted standards through a supplier’s declaration of conformity with appropriate supporting data and documentation per International Organization for Standardization/International Electro-technical Commission (ISO/IEC) 17050, Parts One and Two. Agencies must have all necessary certifications and licenses for the requested equipment, as appropriate, prior its purchase. DHS adopted standards are found at DHS Implementation Statement Regarding Standard Terms and Conditions for Research Grants | Homeland Security. In addition, recipients that are using TSGP funds to support emergency communications equipment activities must comply with the SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. This SAFECOM Guidance can be found at https://www.cisa.gov/safecom/funding.
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Equipment: Requirements for Small Unmanned Aircraft Systems All requests to purchase Small Unmanned Aircraft Systems (sUAS) with FEMA grant funding must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and also include a description of the policies and procedures in place to safeguard individuals’ privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to or otherwise use the sUAS equipment.

SUAS policies are not required at the time of application but must be received and approved by FEMA prior to obligating TSGP funds. All grant-funded procurements must be executed in a manner compliant with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. For recipients that use TSGP funds for sUAS, FEMA advises that there is a general privacy concern related to the use of this equipment if the data the devices collect is transmitted to servers not under the control of the operator. It has been reported that some manufacturers of sUAS encrypt data and send that data to servers outside the United States. The U.S. Department of Homeland Security’s Privacy Office suggests the recipient fully explore data transmission and storage issues with vendors to reduce the possibility of data breaches.

Additionally, the Joint Explanatory Statement (JES) accompanying the FY 2023 DHS Appropriations Act further requires recipients to certify they have reviewed the Industry Alert on Chinese Manufactured Unmanned Aircraft Systems, and completed a risk assessment that considers the proposed use of foreign- made sUAS to ascertain potential risks (e.g., privacy, data breaches, cybersecurity, etc.) related to foreign- made versus domestic sUAS.

Acquisition and Use of Technology to Mitigate UAS (Counter-UAS) In August 2020, FEMA alerted of an advisory guidance document issued by DHS, the Department of Justice, the Federal Aviation Administration, and the Federal Communications Commission:
https://www.dhs.gov/publication/interagency-legal-advisory-uas-detection-and-mitigation-technologies.

The Departments and Agencies issuing the advisory guidance document, and FEMA, do not have the authority to approve non-federal public or private use of UAS detection or mitigation capabilities, nor do they conduct legal reviews of commercially available product compliance with those laws. The advisory does not address state and local laws nor potential civil liability, which UAS detection and mitigation capabilities may also implicate.

It is strongly recommended that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, entities seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws. Entities should conduct their own legal and technical analysis of each UAS detection and/or mitigation system and should not rely solely on vendors’ representations of the systems’ legality or functionality. Please also see the DHS press release on this topic for further information: https://www.dhs.gov/news/2020/08/17/interagency-issues-advisory-use- technology-detect-and-mitigate-unmanned-aircraft.

Cybersecurity Projects
TSGP funds may be used for projects that enhance the cybersecurity of:
• Access controls, sensors, security cameras, badge/ID readers, ICS/SCADA systems, process monitors and controls (such as firewalls, network segmentation, predictive security cloud, etc.); and
• Passenger/vehicle/cargo security screening equipment (cybersecurity assessments are allowable). 465
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When requesting funds for cybersecurity, applicants are encouraged to propose projects that would aid in implementation of all or part of the Framework for Improving Critical Infrastructure Cybersecurity (the “Framework”) developed by the National Institute of Standards and Technology (NIST). The Framework gathers existing international standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that do not know where to start with developing a cybersecurity program, the Framework provides initial guidance. For organizations with more advanced practices, the Framework offers a way to improve their programs, such as better communication with their leadership and suppliers about management of cyber risks.

DHS’s Enhanced Cybersecurity Services (ECS) program is an example of a resource that assists in protecting U.S.-based public and private entities and combines key elements of capabilities under the “Detect” and “Protect” functions to deliver an impactful solution relative to the outcomes of the Cybersecurity Framework. Specifically, ECS offers intrusion prevention and analysis services that help U.S.-based companies and SLTT governments defend their computer systems against unauthorized access, exploitation, and data exfiltration. ECS works by sourcing timely, actionable cyber threat indicators from sensitive and classified Government Furnished Information (GFI). DHS then shares those indicators with accredited Commercial Service Providers (CSPs). Those CSPs in turn use the indicators to block certain types of malicious traffic from entering a company’s networks. Groups interested in subscribing to ECS must contract directly with a CSP in order to receive services. Please visit http://www.cisa.gov/enhanced-cybersecurity-services-ecs for a current list of ECS CSP points of contact.

Capital (Construction) Projects Guidance
Capital expenditures are defined in 2 CFR 200.1 Definitions as expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. Use of capital expenditures must comply with 2 CFR 200.439.

Recipients must obtain written approval from FEMA prior to the use of any TSGP funds for construction or renovation projects. When applying for construction funds, including communications towers, at the time of application, recipients must submit evidence of approved zoning ordinances, architectural plans, and any other locally required planning permits. Additionally, recipients are required to submit a SF-424C and budget detail citing the project costs and an SF-424D Form for standard assurances for the construction project.

All construction and renovation projects require Environmental Planning and Historic Preservation (EHP) review. Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects; compliance with all state and local EHP laws and requirements).

Projects for which the recipient believes an Environmental Assessment (EA) may be needed, as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, instances must also be identified to the FEMA HQ Preparedness Officer within the first six months of the award, regardless of the period of performance. Completed EHP review materials for construction and communication tower projects must be submitted no later than 12 months before the end 466
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of the period of performance. EHP policy guidance and the EHP Screening Form can both be found on FEMA.gov. EHP review materials should be sent to [email protected].

Training and Awareness Campaigns
Training and Awareness Campaigns address the Soft Targets/Crowded Places; Cybersecurity; and Training and Awareness Campaign Priorities.

Training
TSGP funds may be used for the following training activities:
• Training Topics. Priority topics include active shooter training, security training for employees, and public awareness/preparedness campaigns.
• Training Workshops. Grant funds may be used to plan and conduct training workshops to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Recipients are strongly encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or other access and functional needs, should be identified in an After-Action Report/Improvement Plan (AAR/IP) and addressed in the training cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support training-related activities. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. Reimbursement of these costs should conform with the policies of the state or local unit§ of government or the awarding agency, whichever is applicable. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 10% of the total allocation. Dual compensation is unallowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.
• Overtime and Backfill Costs. The entire amount of overtime costs, including payments related to backfilling personnel, that are the direct result of attendance at FEMA and approved training courses and programs are allowable. Reimbursement of these costs should follow the policies of the state or local u§(s) of government or the awarding agency, whichever is applicable. In no case is dual compensation allowable.
• Travel. Domestic travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related, approved training, subject to the restrictions at 2 C.F.R. Part 200. International travel is not an allowable expense. • Supplies. Supplies, items that are expended or consumed during the course of the planning and conduct of the training p§ect(s) (e.g., gloves and non-sterile masks), are allowable expenses. • 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 are allowable expenses. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or other access and functional needs, should be identified in the AAR/IP and addressed in the training cycle.
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Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, recipients are encouraged to apply the Analysis, Design, Development, Implementation, and Evaluation (ADDIE) model of instruction design. Information on FEMA-approved training can found at http://www.firstrespondertraining.gov/.

Awareness Campaigns
TSGP funds may be used for the development and implementation of awareness campaigns to raise public awareness of indicators of terrorism and terrorism-related crime, and for associated efforts to increase the sharing of information with public and private sector partners, including nonprofit organizations. DHS currently sponsors or supports a number of awareness campaigns. Please review materials, strategies, and resources at https://www.dhs.gov/dhs-campaigns before embarking on the development of an awareness campaign for local constituencies and stakeholders.

Note: DHS requires that all public and private sector partners wanting to implement and/or expand the DHS “If You See Something, Say Something®” campaign using grant funds work directly with the DHS Office of Partnership and Engagement (OPE). This will help ensure that the awareness materials (e.g., videos, posters, trifolds, etc.) remain consistent with DHS’s messaging and strategy for the campaign and compliant with the initiative’s trademark, which is licensed to DHS by the New York Metropolitan Transportation Authority. Coordination with OPE, through the Campaign’s Office ([email protected]), must be facilitated by the FEMA HQ Preparedness Officer.

Exercises
Exercise activities address the Soft Targets/Crowded Places; Cybersecurity; and Exercises Priorities.

TSGP funds may be used for the following exercise activities:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space, and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Exercises afford organizations the opportunity to validate plans and procedures, evaluate capabilities, and assess progress toward meeting capability targets in a controlled, low risk setting. Any shortcoming or gap identified, including those for children and individuals with disabilities or other access and functional needs, should be identified in an effective corrective action program that includes development of improvement plans that are dynamic documents, with corrective actions continually monitored and implemented as part of improving preparedness through the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support exercise-related activities. In order to be eligible for reimbursement, the costs for hiring staff must conform to the policies of the non-federal entity and federal statutes, where applicable. See, e.g., 2 C.F.R. § 200.430(a). The costs for hiring contractors or consultants must comply with the applicable federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. The costs for hiring staff, consultants, or contractors to support exercise-related activities costs must be included within the funding allowed for program management personnel expenses, which must not exceed 10% of the total allocation. Dual compensation is never allowable, meaning, in other words, that an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though their work may benefit both entities. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.
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• Overtime and Backfill Costs. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on 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§ of local government and has the approval of the state or the awarding agency, whichever is applicable.

Dual compensation is never allowable.
• Travel. Domestic travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise proj§(s), subject to the restrictions at 2 C.F.R. Part 200. International travel is not an allowable expense. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise p§ect(s) (e.g., gloves, non-sterile masks, and disposable protective equipment).
• Other Items. These costs include the rental of space/locations for exercise planning and executing, rental of equipment, etc. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.

Management and Administration (M&A)
Management and administration costs are allowed under this program. M&A costs are activities directly related to managing and administering the award. Recipients may use up to 5% of the amount of the award for their M&A.

FY 2023 TSGP funds may be used for the following M&A costs:
• Hiring of full-time or part-time staff, including contractors and consultants, to execute the following:
o Management of the current fiscal year TSGP Award;
o Design and implementation of the current fiscal year TSGP submission meeting compliance with reporting/data collection requirements, including data calls; o Information collection and processing necessary to respond to FEMA data calls; o Domestic-only travel expenses related to TSGP grant administration, in compliance with 2 C.F.R. Part 200; and
o Acquisition of authorized office equipment, including personal computers or laptops for TSGP M&A purposes.

Allowable Indirect Costs
Indirect costs are allowable under this. See the “Procedures for Establishing Indirect Cost Rates” Section in “Pre-Submission Information” for more information.

Maintenance and Sustainment Costs
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. Preparedness grant funds may be used to purchase maintenance contracts or agreements, warranty coverage, licenses, and user fees. These contracts may exceed the period of performance if they are purchased incidental to the original purchase of the system or equipment as long as the original purchase of the system or equipment is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this extends to licenses and user fees as well.

Grant funds are intended to support the National Preparedness Goal and fund projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective, the policy set forth in IB 379: Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding allows for the expansion of eligible maintenance and sustainment costs that must be in (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program, and (3) be tied to one of the core capabilities in the five mission areas outlined in the Goal. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant or any other source of funding other than FEMA preparedness grant program dollars.

Encouraged Use of Certain Products Produced in the United States Pursuant to Executive Order 13858, “Strengthening Buy-American Preferences for Infrastructure Projects,” FEMA encourages non-federal entities under this grant program to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States, in projects funded by an award under this grant program affecting surface transportation, including roadways, bridges, railroads, and transit; aviation; ports, including navigational channels; water resources projects; energy production, generation, and storage, including from fossil-fuels, renewable, nuclear, and hydroelectric sources; electricity transmission; gas, oil, and propane storage and transmission; electric, oil, natural gas, and propane distribution systems; broadband internet; pipelines; stormwater and sewer infrastructure; drinking water infrastructure; and cybersecurity. Notwithstanding this encouragement, non-federal entities must take care that all procurements and contract actions are consistent with law, the Preparedness Grants Manual and applicable appendices, the grant program’s NOFO, and the federal procurement standards at 2 C.F.R. §§ 200.317-200.326.
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Program Appendix E:

Intercity Bus Security Grant Program (IBSGP)
As a reminder, while this appendix contains IBSGP-specific information and requirements, the main content of this Manual (non-appendix information) contains important information relevant to all preparedness grant programs, including the IBSGP. Please be sure to read the main content of this Manual in addition to the program-specific appendices.

IBSGP grant recipients may only use IBSGP grant funds for the purpose set forth in the Notice of Funding Opportunity (NOFO), and all investments must be consistent with the statutory authority for the award. Grant funds may not be used for matching funds for other federal awards, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the Federal Government or any other government entity.

IBSGP Funding Guidelines
Costs charged to an IBSGP award must be consistent with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, located at 2 C.F.R. Part 200. For more information on 2 C.F.R. Part 200, please see IB 400 regarding FEMA’s implementation of these provisions prior to the recent 2020 revisions. For information on the recent revisions to these regulations, see 2 CFR Grants Management Policy Updates.

IBSGP Priorities
See the annual IBSGP NOFO.

Allowable Direct Costs
Specific investments made in support of the funding priorities discussed in the annual IBSGP NOFO generally fall into one of the following six allowable expense categories:

1. Planning;

2. Operational Activities;

3. Equipment and Capital Projects;

4. Training and Awareness Campaigns;

5. Exercises; and

6. Management and Administration.

The following provides guidance on allowable costs within each of these areas. 471
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Planning
Planning activities should address the Soft Targets/Crowded Places; Cybersecurity; and Planning Priorities.

IBSGP funds may be used for the following types of planning activities:
• Development and enhancement of system-wide security risk management plans, to include cyber; • Development or further strengthening of continuity of operations plans, response plans, station action plans, risk assessments, and asset-specific remediation plans; • Development or further strengthening of security assessments, including multi-agency and multi- jurisdictional partnerships and conferences to facilitate planning activities; • Hiring of full- or part-time staff and contractors or consultants to assist with planning activities only to the extent that such expenses are for the allowable activities within the scope of the grant (not for the purpose of hiring public safety personnel); hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327; • Materials required to conduct planning activities;
• Conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using the Infrastructure Resilience Planning Framework and related CISA resources;
• Planning activities related to alert and warning capabilities; and • Other project planning activities with prior approval from FEMA.

Operational Activities
Operational Activities should address the Soft Targets/Crowded Places Priority.

FEMA encourages applicants to develop innovative operational approaches to enhance the security of transportation systems. Examples include:
• Establishing or improving emergency communication systems linking drivers and over-the-road buses to company operation centers, law enforcement agencies or emergency response personnel; • Acquiring and installing equipment or systems that collect, store or exchange passenger and/or driver information with established government databases for security purposes; and • Implementing and operating established methodologies for screening passengers, their carry-on baggage, and/or their checked baggage, for weapons and/or explosives.

Equipment and Capital Projects
Equipment and Capital Projects should address the Soft Targets/Crowded Places; Cybersecurity; and Equipment/Capital Projects Priorities.

Equipment – Vehicle/Driver Security Enhancements
Vehicle Security Enhancements focus on vehicle disabling and anti-theft devices, real-time bus inventory and inventory control, tracking, monitoring, alert and warning capabilities, and locating technologies.

Driver security enhancements focus on protection for the bus driver to prevent would-be terrorists from immobilizing the driver and/or hijacking the bus. Applicants are discouraged from submitting projects that propose the use of closed-circuit television (CCTV) alone as an on-board deterrent to terrorism.

Rather, any cameras should have the capability and protocols in place for incident-based real-time monitoring. CCTV Systems that are primarily archival, and do not clearly specify the ability for live monitoring in the Investment Justification (IJ) will not be funded. 472
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Capital Projects – Facility Security Enhancements
• Projects related to physical security enhancements at bus stations, or operator-owned facilities including but not limited to lighting, security cameras, security screening equipment for people and baggage, and access control (e.g., fences, gates, barriers); • Projects related to cybersecurity of access control, sensors, security cameras, badge/ID readers, Industrial Control System (ICS)/Supervisory Control and Data Acquisition (SCADA) systems, process monitors and controls, etc. or passenger/vehicle/cargo security screening equipment support. Cybersecurity assessments are allowable; and
• Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support security enhancement-related activities. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327.

Note: All Capital and Vehicle/Driver security enhancement projects that include cameras, video surveillance, or alarm systems MUST either be live monitored 24/7 or have the capability for real-time incident-based monitoring. CCTV Systems that are primarily archival and do not clearly specify the ability for live monitoring in the IJ will not be funded.

Equipment Acquisition
IBSGP funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and may be used for the following categories of equipment. A comprehensive listing of allowable equipment categories and types is found in the Authorized Equipment List (AEL). These costs include:
• Personal protection equipment;
• Explosive device mitigation and remediation equipment; • Chemical, biological, radiological, nuclear, and explosive (CBRNE) operational search and rescue equipment, or logistical support equipment;
• Interoperable emergency communications equipment;
• Detection equipment;
• Terrorism incident prevention equipment; and
• Physical security enhancement equipment.

Recipients may purchase equipment not listed on the AEL, but only if they first seek and obtain prior approval from FEMA.

Unless otherwise noted, equipment must be certified as meeting required regulatory and DHS- adopted standards to be eligible for purchase using these funds. Equipment must comply with the Occupational Safety and Health Act requirement for certification of electrical equipment by a nationally recognized testing laboratory and demonstrate compliance with relevant DHS-adopted standards through a supplier’s declaration of conformity with appropriate supporting data and documentation per International Organization for Standardization/International Electro-technical Commission (ISO/IEC) 17050, Parts One and Two. Agencies must have all necessary certifications and licenses for the requested equipment, as appropriate, prior to the request. In addition, recipients that are using IBSGP funds to support emergency communications equipment activities must comply with the SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. SAFECOM Guidance can be found at:
https://www.cisa.gov/safecom/funding.
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Cybersecurity Projects
IBSGP funds may be used for projects that enhance the cybersecurity of:
• Access controls; sensors; security cameras; badge/ID readers; ICS/SCADA systems; process monitors and controls (such as firewalls, network segmentation, predictive security cloud, etc.).

CCTV Systems that are primarily archival, and do not clearly specify the ability for live monitoring in the IJ will not be funded; and
• Passenger/vehicle/cargo security screening equipment (cybersecurity assessments are allowable).

When requesting funds for cybersecurity, applicants are encouraged to propose projects that would aid in implementation of all or part of the Framework for Improving Critical Infrastructure Cybersecurity (“The Framework”) developed by the National Institute of Standards and Technology (NIST). The Framework gathers existing international standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that do not know where to start with developing a cybersecurity program, the Framework provides initial guidance. For organizations with more advanced practices, the Framework offers a way to improve their programs, such as better communication with their leadership and suppliers about management of cyber risks.

DHS then shares those indicators with accredited Commercial Service Providers (CSPs). Those CSPs in turn use the indicators to block certain types of malicious traffic from entering a company’s networks.

Groups interested in subscribing to ECS must contract directly with a CSP in order to receive services.

Please visit Enhanced Cybersecurity Services (ECS) | CISA for a current list of ECS CSP points of contact.

Capital (Construction) Projects Guidance
Recipients must obtain written approval from FEMA prior to the use of any IBSGP funds for construction or renovation projects. When applying for construction funds, including communications towers, at the time of application, recipients must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits. Additionally, recipients are required to submit a SF-424C and budget detail citing the project costs and an SF-424D Form for standard assurances for the construction project.

All Capital (Construction) projects require Environmental Planning and Historic Preservation (EHP) review. Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects; compliance with all state and EHP laws and requirements). 474
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Projects for which the recipient believes an Environmental Assessment (EA) may be needed, as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, instances must also be identified to the FEMA HQ Preparedness Officer within the first six months of the award. Completed EHP review materials for construction and communication tower projects must be submitted no later than 12 months before the end of the period of performance. EHP policy guidance and the EHP Screening Form can both be found on FEMA.gov. EHP review materials should be sent to [email protected].

Training and Awareness Campaigns
Training and Awareness Campaigns address the Soft Targets/Crowded Places; Cybersecurity; and Training and Awareness Campaign Priorities.

Training
IBSGP funds may be used for the following training activities:
• Training Topics. Priority topics include active shooter training, security training for employees, and public awareness/preparedness campaigns. The IJ narrative for Training should include:
o A course syllabus, curriculum, or topic plan identifying the proposed course material and contents; and
o Provide the total cost of the training course, the number of participants, and the cost per participant breakdown.
• Training Workshops. Grant funds may be used to plan and conduct training workshops or conferences including costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support training-related activities. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. The services of contractors/consultants may also be procured in the design, development, conduct, and evaluation of CBRNE training. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.
• Overtime and Backfill Costs. Overtime and backfill costs associated with the design, development, and conduct of training are allowable expenses. Payment of overtime expenses will be for work performed by recipient or subrecipient employees in excess of the established work week related to the planning and conduct of the trainin§roject(s). Furthermore, overtime payments and backfill costs associated with sending personnel to training are allowable. Grant funds cannot be used for personnel or direct salary costs for employees to attend training sessions.

Recipients seeking to claim overtime or backfill costs will be required to submit verification.

Straight time costs are not eligible expenses.
• Travel. Domestic travel costs (e.g., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the trai§g project(s) or for attending courses. These costs must be in accordance with applicable state law and regulations as well as the principles at 2 C.F.R. Part 200. International travel is not an allowable cost under IBSGP.
• Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the t§ning project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). • 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 are allowable expenses. Training should provide the opportunity to 475
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demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for individuals with disabilities or other access and functional needs, should be identified in the AAR/IP and addressed in the training cycle. • Developing New Courses. Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, recipients are encouraged to apply the Analysis, Design, Development, Implementation, and Evaluation (ADDIE) model of instructional design. Information on FEMA-approved training can found at First Responder Training System. • Other Items. These costs include the rental of space/locations for planning and conducting training, badges, etc. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations.

Awareness Campaigns
IBSGP funds may be used for the development and implementation of awareness campaigns to raise public awareness of indicators of terrorism and terrorism-related crime, and associated efforts to increase the sharing of information with public and private sector partners, including nonprofit organizations. DHS currently sponsors or supports a number of awareness campaigns. Please review materials, strategies, and resources at https://www.dhs.gov/dhs-campaigns before embarking on the development of an awareness campaign for your local constituencies and stakeholders.

Note: DHS requires that all public and private sector partners wanting to implement and/or expand the DHS “If You See Something, Say Something®” campaign using grant funds work directly with the DHS Office of Partnership and Engagement (OPE). This will help ensure that the awareness materials (e.g., videos, posters, trifolds, etc.) remain consistent with the Department’s messaging and strategy for the campaign and compliant with the initiative’s trademark, which is licensed to DHS by the New York Metropolitan Transportation Authority. Coordination with OPE, through the Campaign’s Office ([email protected]), must be facilitated by the FEMA HQ Preparedness Officer.

Exercises
Exercise activities should address the Soft Targets/Crowded Places; Cybersecurity; and Exercises Priorities.

IBSGP funds may be used for the following exercise activities:
• Funds Used to Design, Develop, Conduct, and Evaluate an Exercise. This includes costs related to planning, meeting space, and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Exercises afford organizations the opportunity to validate plans and procedures, evaluate capabilities, and assess progress toward meeting capability targets in a controlled, low risk setting. Any shortcoming or gap identified, including those for children and individuals with disabilities or other access and functional needs, should be identified in an effective corrective action program that includes development of improvement plans that are dynamic documents, with corrective actions continually monitored and implemented as part of improving preparedness through the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support exercise-related activities. The services of contractor/consultant staff may be procured to support exercise-related activities. The services of contractors/consultants may also be procured to support the design, development, conduct, and evaluation of terrorism exercises.

Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327.
• Overtime and Backfill Costs. Overtime and backfill costs associated with the design, development, and conduct of terrorism exercises are allowable expenses. Payment of overtime 476
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expenses will be for work performed in excess of the established work week related to the planning and conduct of the exercise project(s). Further, overtime payments and backfill costs associated with sending personnel to exercises are allowable, provided that the event being attended is a DHS sponsored exercise. For positions not funded by the grant award, grant funds cannot be used for personnel or straight salary costs for employees to attend exercises, meaning straight time costs for non-grant funded employees to attend exercise are not allowable. Instead, for positions not funded by the grant award, only overtime and backfill costs will be allowable for those employees to attend exercises. Recipients seeking to claim overtime or backfill costs will be required to submit verification.
• Travel. Domestic travel costs (e.g., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). International travel is not allowable under this program. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., gloves, non-sterile masks, and disposable protective equipment).
• Other Items. These costs include the rental of space/locations for exercise planning and executing, rental of equipment, etc. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities.

FY 2023 IBSGP funds may be used for the following M&A costs:
• Hiring of full-time or part-time staff including contractors and consultants, to execute the following:
o Management of the current fiscal year IBSGP award; and o Design and implementation of the current fiscal year IBSGP submission meeting compliance with reporting/data collection requirements, including data calls. • Information collection and processing necessary to respond to FEMA data calls; and • Domestic travel expenses related to IBSGP grant administration.

Indirect Costs
Indirect costs are allowable under this program. See the “Procedures for Establishing Indirect Cost Rates” Section in “Pre-Submission Information” for more information.

Unallowable Costs
Specific unallowable costs include:
• Grant funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed; 477
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• General-use facility expenditures, to include, but not limited to ordinary facility maintenance, contracts for maintenance, and specifically backup or emergency generators; • General vehicle maintenance, service contracts, or warranties. This is different from maintenance and sustainment costs that are allowable, but only for projects funded under a grant award. For projects or equipment not funded by the grant award, general maintenance, service contracts, and warranties are not allowable;
• Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.), general-use computers and related equipment (other than for allowable M&A activities, or otherwise associated preparedness or response functions), general-use vehicles, licensing fees, recurring operating costs (e.g., cell phone services, maintenance contracts); • Organizational operating expenses;
• Personnel costs, to include, but not limited to, overtime and backfill (except as detailed above); • Activities unrelated to the completion and implementation of the IBSGP; • Other indirect costs (meaning property purchase, depreciation, or amortization expenses); • Initiatives in which federal agencies are the beneficiary or that enhance federal property; • Initiatives which study technology development;
• Proof-of-concept initiatives;
• Initiatives that duplicate capabilities being provided by the Federal Government; • Other items not in accordance with the AEL, in accordance with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, or not previously listed as allowable costs; and
• Pre-award costs are not allowable and will not be approved, with the exception of costs resulting from pre-award grant writing services provided by an independent contractor that shall not exceed $1,500, as detailed in “Pre-Award Costs” above and in the IBSGP NOFO.

Other Allowable Costs
Mainte
nance and Sustainment Costs
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. Preparedness grant funds may be used to purchase maintenance contracts or agreements, warranty coverage, licenses, and user fees. These contracts may exceed the period of performance if they are purchased incidental to the original purchase of the system or equipment as long as the original purchase of the system or equipment is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this extends to licenses and user fees as well.

Grant funds are intended to support the National Preparedness Goal (the Goal) and fund projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective, the policy set forth in IB 379: Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding allows for the expansion of eligible maintenance and sustainment costs which must be in (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program, and (3) be tied to one of the core capabilities in the five mission areas outlined in the Goal. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant or any other source of funding other than FEMA preparedness grant program dollars.
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Bonds
Financial markets are not always predictable, and commercial suppliers are not always reliable; but there are options to provide resource contingencies to support an IBSGP award. • Prepayment Bond: Prepayment Bonds provide a measure of economic security for an organization that is going to advance funds to a vendor(s). The prepayment bond generally may be obtained through the vendor or bank. The prepayment bond protects funds in the event a vendor fails to perform (e.g., not finishing/delivering contracted service/equipment, or going out of business). Prepayment bonds are chargeable to an award. o Encouraged Prepayment Bond: Recipients are strongly recommended, but not required, to obtain a prepayment bond for awarded acquisition activities that exceed the Simplified Acquisition Threshold (SAT) (currently $250,000, but the applicable dollar threshold will be the SAT amount in place at the time of procurement) when recipients are contractually required to advance a down payment and when such advances contain no federal funds (only local funds).
o Required Prepayment Bond: Per 2 C.F.R. § 200.304(b), recipients are required to obtain a prepayment bond for awarded acquisition activities that exceed the SAT; a prepayment bond is required when recipients are contractually required to advance a down payment and when such advances contain only federal funds or a combination of federal and local funds.
• Fidelity Bond: Reasonable costs of fidelity bonds (or like insurance as provided for by applicable state or tribal laws) covering the maximum amount of IBSGP funds the officer, official, or employee handles at any given time for all personnel who disburse or approve disbursement of IBSGP funds may be allowable if required by the terms and conditions of the award or if generally required by the tribe in its generally operations. If a fidelity bond is required by a recipient in its general operations, those costs must be charged as indirect costs. See 2 C.F.R. § 200.427.

Encouraged Use of Certain Products Produced in the United States Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” FEMA encourages non-federal entities under this grant program to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States, in projects funded by an award under this grant program affecting surface transportation, including roadways, bridges, railroads, and transit; aviation; ports, including navigational channels; water resources projects; energy production, generation, and storage, including from fossil-fuels, renewable, nuclear, and hydroelectric sources; electricity transmission; gas, oil, and propane storage and transmission; electric, oil, natural gas, and propane distribution systems; broadband internet; pipelines; stormwater and sewer infrastructure; drinking water infrastructure; and cybersecurity. Notwithstanding this encouragement, non-federal entities must take care that all procurements and contract actions are consistent with law, this Manual and applicable appendices, the grant program’s NOFO, and the federal procurement standards at 2 C.F.R. §§ 200.317-200.326. 479
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Program Appendix F:

Intercity Passenger Rail (IPR) Program
As a reminder, while this appendix contains IPR-specific information and requirements, the main content of this Manual (non-appendix information) contains important information relevant to all preparedness grant programs, including the IPR. Please be sure to read the main content of this Manual in addition to the program-specific appendices.

The IPR grant recipient may only use IPR grant funds for the purposes set forth in the Notice of Funding Opportunity (NOFO), and all investments must be consistent with the statutory authority for the award.

IPR Funding Guidelines
Costs charged to a an IPR award must be consistent with the uniform administrative requirements and audit requirements for federal awards, located at 2 C.F.R. Part 200, Subparts A-D and F. For more information on 2 C.F.R. Part 200, please see Information Bulletin (IB) 400 regarding FEMA’s implementation of these provisions prior to the recent 2020 revisions. For information on the recent revisions to these regulations, see 2 CFR Grants Management Policy Updates | FEMA.gov. Costs charged to an IPR award must also be consistent with the cost principles in the Federal Acquisition Regulation (FAR) Part 31.2 in lieu of 2 C.F.R. Part 200, Subpart E. Any conflicts between FAR 31.2 and 2 C.F.R.

Part 200, Subpart E shall be resolved in favor of the applicable provision in FAR 31.2.

IPR Priorities
See the annual IPR NOFO.

Security Plan Requirements
The following information regarding security plan requirements is provided in 6 U.S.C. § 1134(c)(2):

Security plans should include the following, as appropriate:
• A prioritized list of all items included in the public transportation agency’s security assessment that have not yet been addressed;
• A detailed list of any additional capital and operational improvements identified by DHS or the public transportation agency and a certification of the public transportation agency’s technical capacity for operating and maintaining any security equipment that may be identified in such list; • Specific procedures to be implemented or used by the public transportation agency in response to a terrorist attack, including evacuation and passenger communication plans and appropriate evacuation and communication measures for the elderly and individuals with disabilities; • A coordinated response plan that establishes procedures for appropriate interaction with state and local law enforcement agencies, emergency responders, and federal officials in order to coordinate security measures and plans for response in the event of a terrorist attack or other major incident;
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• A strategy and timeline for conducting training under 49 C.F.R. § 1570.109(b) and 49 C.F.R. Part 1580;
• Plans for providing redundant and other appropriate backup systems necessary to ensure the continued operation of critical elements of the public transportation system in the event of a terrorist attack or other major incident;
• Plans for providing service capabilities throughout the system in the event of a terrorist attack or other major incident in the city or region which the public transportation system serves; • Methods to mitigate damage within a public transportation system in case of an attack on the system, including a plan for communication and coordination with emergency responders; and • Other actions or procedures as the Secretary of Homeland Security determines are appropriate to address the security of the system.

Allowable Costs
Specific investments made in support of the funding priorities discussed in the annual IPR NOFO generally fall into one of the following six allowable expense categories:
1) Planning;
2) Operational Activities;
3) Equipment and Capital Projects;
4) Training and Awareness Campaigns;
5) Exercises; and
6) Management and Administration.

The following provides guidance on allowable costs within each of these areas.

Planning
Planning activities that address the Soft Targets/Crowded Places Priority.

IPR funds may be used for the following types of planning activities:
• Development and enhancement of system-wide security risk management plans that ensure the continuity of essential functions, to include cyber;
• Development or further strengthening of continuity plans, response plans, station action plans, risk assessments, and asset-specific remediation plans; • Development or further strengthening of security assessments, including multi-agency and multi- jurisdictional partnerships and conferences to facilitate planning activities; • Hiring of full or part-time staff and contractors or consultants to assist with planning activities only to the extent that such expenses are for the allowable activities within the scope of this grant (not for the purpose of hiring public safety personnel); hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327 • Materials required to conduct planning activities;
• Conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using the Infrastructure Resilience Planning Framework and related CISA resources;
• Planning activities related to alert and warning capabilities; and • Other project planning activities, with prior approval from FEMA. 481
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Operational Activities
Operational Activities that address the Soft Targets/Crowded Places Priority.

FEMA encourages applicants to develop innovative operational approaches to enhance the security of transit systems. Projects that use visible, unpredictable deterrence, including operational packages dealing with explosive detection canine teams, mobile screening teams, and anti-terrorism teams, directly support enhancing the protection of soft targets and crowded places. Implementation of one of the three Operational Package (OPack) models discussed below complements existing security systems and provides an appropriate, practical, and cost-effective means of protecting assets.

Agencies may submit IJs to fund transit security police forces/law enforcement providers for patrols and activities on overtime, such as directed patrols, additional canine teams, mobile screening teams, or anti- terrorism team patrols. These activities must be dedicated to the transit environment and must be anti- terrorism in nature. Agencies must identify the type of activity, length of operation (hours), number of personnel, and cost based on length of operation and personnel. Agencies should also provide a risk-based justification for the request, including linkage to a known event, such as hosting a significant regional sporting or political event; or a period of heightened awareness, such as a national holiday. Three OPack types have been developed to support operational activities and are available for funding under the IPR:
• Explosives Detection Canine Teams (EDCTs). When combined with the existing capability of a transit security/police force, the added value provided through the addition of an EDCT is significant. EDCTs are a proven, reliable resource to detect explosives and are a key component in a balanced counter-sabotage program. The TSGP will provide funds to establish dedicated security/police force canine teams. Each canine team will be composed of one dog and one handler.
• Anti-Terrorism Teams (ATTs). The ATT capability provided through TSGP funding is for uniformed, dedicated transit patrols on a normal operational basis, rather than using teams only for a surge capacity as provided by FEMA in the past. ATTs do not supersede other local transit security forces; rather, they augment current capabilities. Each ATT will consist of four individuals, including two overt elements (e.g., uniformed transit sector law enforcement officer, canine team, mobile explosive screeners), and two discreet observer elements. • Mobile Explosive Screening Teams (MESTs). The MEST OPack will allow recipients the flexibility to deploy combinations of certified explosive ordinance technicians with mobile explosive screening technologies, including during local National Special Security Events. This screening technology will be coupled with mobile explosive screening technologies. Each MEST should have a minimum of two members and one mobile explosive screening apparatus.

Note: Funds for canine teams may not be used to fund drug detection and apprehension technique training. Only explosives detection training for the canine teams will be funded.

Requests for OPacks will not be funded if the applicant does not have and submit a Security Capital and Operational Sustainment Plan.
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Funding Availability for OPacks
OPacks have the potential to be funded for up to a 36-month period from the award date. The monetary figures presented below are stated in terms of cost per period of performance (which indicates actual/complete funding for a 36-month period). Additionally, any OPack costs after the period of performance (including expenses related to the maintenance, personnel, equipment, etc.) are the responsibility of the applicable transit system. Additional funding may be applied for in future grant cycles to maintain this operational capability, but future funding is not guaranteed and requires approval.

If these positions are not sustained, the public transportation agency may not be eligible for this personnel support in the future. The table below identifies the maximum funding available for the different OPack types.

Available Funding for OPacks
Operational Package
Maximum Funding per Year
(12 months)
Maximum Funding per Period of
Performance (36 months)
EDCT $150,000 per team $450,000 per team
ATT $500,000 per team $1,500,000 per team
MEST $600,000 per team $1,800,000 per team
OPack Requirements
IPR OPack funds may be used for new positions or to sustain existing capabilities/programs (e.g., canine teams) already supported by the recipient. Applicants pursuing both new OPacks and sustainment funding for existing OPacks must indicate in their IJs which funding the higher priority for their agency is.

Additionally, applicants must provide the number of existing teams (EDCT, ATT, and MEST) already in place, regardless of how they are funded. The below table identifies specific OPack requirements.

OPack Requirements
Operational
Package
Requirements
EDCT Please refer to the pages below for detailed information regarding EDCTs under the IPR
ATT
Specific for the Canine Team within the ATT:
• Each canine team, composed of one dog and one handler, must be certified by an appropriate, qualified organization
• Canines should receive an initial basic training course and also weekly maintenance training sessions thereafter to maintain the certification • The basic training averages 10 weeks for the team, with weekly training and daily exercising (comparable training and certification standards, such as those promulgated by the Transportation Security Administration (TSA) Explosive Detection Canine Program), the National Police Canine Association (NPCA), the United States Police Canine Association (USPCA), or the International Explosive Detection Dog Association (IEDDA) may be used to meet this requirement
• The individuals hired for the covert and overt elements must be properly trained law enforcement officers
• Certifications should be on file with the recipient and must be made available to FEMA upon request
MEST Certifications should be on file with the recipient and must be made available to FEMA upon request
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Allowable Expenses for OPacks
The table below identifies allowable expenses for the various OPacks. Please see the accompanying notes for clarification of certain allowable costs.

Allowable Expenses for OPacks
Operational Package
Salary and Fringe
Benefits
Training and
Certification
Equipment Costs
Purchase and Train
a Canine
Canine Costsb
1) EDCTa ✓ ✓ ✓ ✓c ✓
2) ATT ✓ ✓ ✓ ✓ ✓
3) MEST ✓ ✓d
a Travel costs associated with training for personnel, handlers, and canines are allowable b Canine costs include but are not limited to a canine’s veterinary, housing, and feeding costs c One type of allowable training is training specific to the detection of common explosives odors d Equipment and other costs can include but are not limited to explosives detection; stainless steel search tables; consumables such as gloves, swabs, and alcohol; and land mobile radios Specific Guidance on EDCT
EDCT Certification
Each EDCT, composed of one dog and one handler, must be certified by an appropriate, qualified organization. TSA-certified EDCTs will meet or exceed certification standards set by the TSA National Explosives Detection Canine Team Program (NEDCTP). Recipient EDCTs that do not participate in the NEDCTP will be required to certify annually under their respective agency, local, and state regulations.

The recipient will maintain certification, utilization, and training data to show compliance in meeting or exceeding those guidelines set forth by the Scientific Working Group on Dog and Orthogonal Detection Guidelines (SWGDOG), as of September 14, 2007, in addition to the requirements set forth in the NOFO.

The plan and all documentation must be made available to FEMA upon request; 2) The recipient will comply with requirements for the proper storage, handling, and transportation of all explosive training aids in accordance with the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Publication 5400.7 (ATF P 5400.7) (09/00), Federal Explosive Law and Regulation; 3) The recipient will ensure that certified EDCTs are available to respond to situations 24 hours a day, 7 days per week on an on-duty or off-duty on-call basis. If IPR-funded EDCTs are not available, other, non-IPR funded EDCTs may be utilized for this response. The intent is to provide maximum coverage during peak operating hours and to maintain the ability to promptly respond to threats that affect public safety or mass transit operations; 484
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4) EDCTs under this grant are single purpose and will be trained to detect “live” explosives only, not “simulated” explosives. EDCTs must not have received previous training to detect any other substances;
5) The recipient will ensure that each EDCT receives on-site proficiency training at a minimum of 4 hours per week per duty cycle. This training shall include, but not be limited to, mass transit passenger cars, terminals/platforms, luggage, freight/warehouses, and vehicles. Complete, detailed, and accurate training records must be maintained for all proficiency training conducted by each EDCT. These records must be made available to FEMA upon request; 6) The recipient will conduct appropriate training or other canine activities, within view of the public, to increase public awareness of EDCTs and provide a noticeable deterrent to acts which affect public safety or mass transit operations. The recipient will also ensure that such activities include, over a period of time, a presence in operational areas of the mass transit system during peak and off-peak hours. The recipient agrees that EDCTs will be utilized in the field at least 80% of their duty time, annually;
7) The recipient will provide safe and sanitary kennel facilities for program canines, and these costs may be allowable with prior approval by FEMA. This applies to kenneling canines at a mass transit system, handlers’ residences, or commercial boarding facilities. Canines must not be left in makeshift accommodations or without proper supervision, protection, and care. The recipient will ensure that canines are transported on-duty and off-duty in vehicles configured with adequate temperature control, padding, and screening to ensure proper health, safety, and security; and 8) The recipient will ensure that adequate routine and emergency veterinary care are provided for all canines.

Note: FEMA reserves the right to conduct an on-site operational and record review upon 48-hour notice to ensure compliance with applicable federal regulations.

Equipment and Capital Projects
Equipment and Capital Projects that address the Soft Targets/Crowded Places and Cybersecurity Priorities.

Priority projects include Top Transit Asset List (TTAL) risk remediation and protection of other high- risk, high-consequence areas or systems that have been identified through system-wide risk assessments:
• Projects related to physical security enhancements at rail and bus stations in Urban Area Security Initiative (UASI) jurisdictions, including security cameras, security screening equipment for people and baggage, and access control (e.g., fences, gates, barriers, etc.); and • Projects related to cybersecurity of access control, sensors, security cameras, badge/ID readers, Industrial Control System (ICS)/Supervisory Control and Data Acquisition (SCADA) systems, process monitors and controls, etc. or passenger/vehicle/cargo security screening equipment support. Cybersecurity assessments are allowable.

Equipment Acquisition
IPR funds may be used for the following categories of equipment. A comprehensive listing of allowable equipment categories and types is found in the Authorized Equipment List (AEL). These costs include:
• Personal protection equipment;
• Explosive device mitigation and remediation equipment; 485
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• Chemical, biological, radiological, nuclear, and high explosive (CBRNE) operational search and rescue equipment, logistical support equipment, reference materials, or incident response vehicles;
• Interoperable communications equipment, including for alert and warning capabilities; • Components or systems needed to address flaws in the computerized systems that control generators, switching stations, and electrical substations as well as other threats to infrastructure critical to the U.S. economy;
• Detection Equipment;
• Power equipment;
• Terrorism incident prevention equipment; and
• Physical security enhancement equipment.

Recipients may purchase equipment not listed on the AEL, but only if they first seek and obtain prior approval from FEMA.

Unless otherwise noted, equipment must be certified as meeting required regulatory and FEMA-adopted standards to be eligible for purchase using IPR funds. Equipment must comply with the Occupational Safety and Health Act requirement for certification of electrical equipment by a nationally recognized testing laboratory and demonstrate compliance with relevant FEMA-adopted standards through a supplier’s declaration of conformity with appropriate supporting data and documentation per International Organization for Standardization/International Electro-technical Commission (ISO/IEC) 17050, Parts One and Two. The recipient must have all necessary certifications and licenses for the requested equipment, as appropriate, prior its purchase. In addition, recipients that are using IPR funds to support emergency communications equipment activities must comply with the SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. This SAFECOM Guidance can be found at:
https://www.cisa.gov/safecom/funding.

SUAS policies are not required at the time of application but must be received and approved by FEMA prior to obligating IPR funds. All grant-funded procurements must be executed in a manner compliant with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. For recipients that use IPR funds for sUAS, FEMA advises that there is a general privacy concern related to the use of this equipment if the data the devices collect is transmitted to servers not under the control of the operator. It has been reported that some manufacturers of sUAS encrypt data and send that data to servers outside the United States. The U.S. Department of Homeland Security’s Privacy Office suggests the recipient fully explore data transmission and storage issues with vendors to reduce the possibility of data breaches.

Additionally, the Joint Explanatory Statement (JES) accompanying the FY 2023 DHS Appropriations further requires recipients to certify they have reviewed the Industry Alert on Chinese Manufactured Unmanned Aircraft Systems, and completed a risk assessment that considers the proposed use of foreign- made sUAS to ascertain potential risks (e.g., privacy, data breaches, cybersecurity, etc.) related to foreign- made versus domestic sUAS.
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Acquisition and Use of Technology to Mitigate UAS (Counter-UAS) In August 2020, FEMA was alerted you of an advisory guidance document issued by DHS, the Department of Justice, the Federal Aviation Administration, and the Federal Communications Commission: https://www.dhs.gov/publication/interagency-legal-advisory-uas-detection-and-mitigation- technologies. The purpose of the advisory guidance document is to help non-federal public and private entities better understand the federal laws and regulations that may apply to the use of capabilities to detect and mitigate threats posed by UAS operations (i.e., Counter-UAS or C-UAS).

Cybersecurity Projects
IPR funds may be used for projects that enhance the cybersecurity of:
• Access controls, sensors; security cameras, badge/ID readers, ICS/SCADA systems, process monitors and controls (such as firewalls, network segmentation, predictive security cloud, etc.); and
• Passenger/vehicle/cargo security screening equipment (cybersecurity assessments are allowable).

When requesting funds for cybersecurity, applicants are encouraged to propose projects that would aid in implementation of all or part of the Framework for Improving Critical Infrastructure Cybersecurity (the “Framework”), developed by the National Institute of Standards and Technology (NIST). The Framework gathers existing international standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that do not know where to start with developing a cybersecurity program, the Framework provides initial guidance. For organizations with more advanced practices, the Framework offers ways to improve their programs, such as through better communication with their leadership and suppliers about management of cyber risks.

DHS’s Enhanced Cybersecurity Services (ECS) program is an example of a resource that assists in protecting U.S.-based public and private entities and combines key elements of capabilities under the “Detect” and “Protect” functions to deliver an impactful solution relative to the outcomes of the Framework. Specifically, ECS offers intrusion prevention and analysis services that help U.S.-based companies and SLTT governments defend their computer systems against unauthorized access, exploitation, and data exfiltration. ECS works by sourcing timely, actionable cyber threat indicators from 487
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sensitive and classified Government Furnished Information. DHS then shares those indicators with accredited Commercial Service Providers (CSPs). Those CSPs in turn use the indicators to block certain types of malicious traffic from entering a company’s networks. Groups interested in subscribing to ECS must contract directly with a CSP in order to receive services. Please visit http://www.cisa.gov/enhanced- cybersecurity-services-ecs for a current list of ECS CSP points of contact.

Capital (Construction) Projects Guidance
The recipient must obtain written approval from FEMA prior to the use of any IPR funds for construction or renovation projects. When applying for construction funds, including communications towers, the recipient must submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits. Additionally, the recipient is required to submit a SF-424C and budget detail citing the project costs and an SF-424D Form for standard assurances for the construction project.

Projects for which the recipient believes an Environmental Assessment (EA) may be needed, as defined in DHS Instruction Manual 023-01-001-01, Revision 01, EHP Directive and Instruction, FEMA Directive 108-1, and FEMA Instruction 108-1-1, must also be identified to the FEMA HQ Preparedness Officer within the first six months of the award, regardless of the length of the period of performance. Completed EHP review materials for construction and communication tower projects must be submitted no later than 12 months before the end of the period of performance. EHP policy guidance and the EHP Screening Form can both be found on FEMA.gov. EHP review materials should be sent to [email protected].

If the recipient uses funds for construction projects, it must comply with the Davis-Bacon Act (codified as amended at 40 U.S.C. §§ 3141 et seq.). See 6 U.S.C. § 1163(h) (cross-referencing 49 U.S.C. § 24312, which cross-references Davis-Bacon). It must ensure that its contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including the Department of Labor (DOL) wage determinations, is available at https://www.dol.gov/whd/govcontracts/dbra.htm.

Training and Awareness Campaigns
Training and Awareness Campaigns that address the Soft Targets/Crowded Places and Cybersecurity Priorities.

Training
IPR funds may be used for the following training activities:
• Training Topics. Priority topics include active shooter training, security training for employees, and public awareness/preparedness campaigns.
• Training Workshops. Grant funds may be used to plan and conduct training workshops, including costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. The recipient is strongly 488
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encouraged to use free public space, locations, or facilities, whenever available, prior to the rental of space, locations, or facilities. Training should provide the opportunity to demonstrate and validate skills learned as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or other access and functional needs, should be identified in an After-Action Report/Improvement Plan (AAR/IP) and addressed in the training cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support training-related activities. Reimbursement of these costs should conform with the policies of recipient, as well as any applicable federal and FEMA policies, rules, and regulations. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. Dual compensation is unallowable, in other words, an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for allowable activities within the scope of the grant. • Overtime and Backfill Costs. The entire amount of overtime costs, including payments related to backfilling personnel, that are the direct result of attendance at FEMA and approved training courses and programs are allowable. Reimbursement of these costs should follow the policies of the recipient, as well as any applicable federal and FEMA policies, rules, and regulations. state.

Dual compensation is never allowable.
• Travel. Domestic travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related, approved training, subject to the restrictions at 2 C.F.R. Part 200. International travel is not an allowable expense. • Supplies. Supplies, items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., gloves and non-sterile masks), are allowable expenses. • Funds Used to Develop, Deliver, and Evaluate Training. 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 are allowable expenses. Training should provide the opportunity to demonstrate and validate skills learned as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or other access and functional needs, should be identified in the AAR/IP and addressed in the training cycle.

Recipients are encouraged to use existing training rather than developing new courses. When developing new courses, recipients are encouraged to apply the Analysis, Design, Development, Implementation, and Evaluation (ADDIE) model of instructional design. Information on FEMA-approved training can found at http://www.firstrespondertraining.gov/.

Awareness Campaigns
IPR funds may be used for the development and implementation of awareness campaigns to raise public awareness of indicators of terrorism and terrorism-related crime and for associated efforts to increase the sharing of information with public and private sector partners, including nonprofit organizations. DHS currently sponsors or supports a number of awareness campaigns. Please review materials, strategies, and resources at https://www.dhs.gov/dhs-campaigns before embarking on the development of an awareness campaign for local constituencies and stakeholders.

Note: DHS requires that all public and private sector partners wanting to implement and/or expand the DHS “If You See Something, Say Something®” campaign (“campaign”) using grant funds work directly with the DHS Office of Partnership and Engagement (OPE). This will help ensure that the awareness 489
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materials (e.g., videos, posters, trifolds, etc.) remain consistent with DHS’s messaging and strategy for the campaign and compliant with the initiative’s trademark, which is licensed to DHS by the New York Metropolitan Transportation Authority. Coordination with OPE, through the campaign’s office ([email protected]), must be facilitated by the FEMA Preparedness Officer.

Exercises
Exercise activities that address the Soft Targets/Crowded Places and Cybersecurity Priorities.

IPR funds may be used for the following exercise activities:
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Exercises afford organizations the opportunity to validate plans and procedures, evaluate capabilities, and assess progress toward meeting capability targets in a controlled, low risk setting. Any shortcomings or gaps identified, including those for children and individuals with disabilities or other access and functional needs, should be identified in an effective corrective action program that includes development of improvement plans that are dynamic documents, with corrective actions continually monitored and implemented as part of improving preparedness through the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full or part-time staff may be hired to support exercise-related activities. Reimbursement of these costs should conform with the policies of the recipient, as well as any applicable federal and FEMA policies, rules, and regulations. Dual compensation is not allowable, meaning, in other words, that an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though their work may benefit both entities. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant. The recipient must follow all applicable procurement regulations at 2 C.F.R. Part 200 when procuring contractor services.
• Overtime and Backfill Costs. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on designing, developing, and conducting 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 recipient and has the approval of the awarding agency, if applicable. Dual compensation is never allowable. • Travel. Domestic 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), subject to the restrictions at 2 C.F.R. Part 200. International travel costs are not allowable expenses. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., gloves, non-sterile masks, and disposable protective equipment).
• Other Items. These costs include the rental of space or locations for exercise planning and executing, rental of equipment, etc. The recipient is encouraged to use free public space, locations, or facilities, whenever available, prior to the rental of space, locations, or facilities.

These also include costs that may be associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities.
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Management and Administration (M&A)
Management and administration costs are allowed under this program. M&A costs are activities directly related to managing and administering the award. The recipient may use up to 5% of the amount of the award for its M&A costs.

Fiscal Year 2023 IPR funds may be used for the following M&A costs:
• Hiring of full-time or part-time staff, including contractors and consultants, to execute the following:
o Management of the current fiscal year IPR Award; and
o Design and implementation of the current fiscal year IPR submission meeting compliance with reporting/data collection requirements, including data calls. • Information collection and processing necessary to respond to FEMA data calls; • Domestic travel expenses related to IPR grant administration, in compliance with the Super Circular, 2 C.F.R. Part 200; and
• Acquisition of authorized office equipment, including personal computers or laptops for IPR M&A purposes.

Indirect Costs
Indirect costs are allowable under this program as described in the Federal Acquisition Regulation (FAR).

See the “Procedures for Establishing Indirect Cost Rates” Section in “Pre-Submission Information” for more information.

Maintenance and Sustainment Costs
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. Preparedness grant funds may be used to purchase maintenance contracts or agreements, warranty coverage, licenses, and user fees. These contracts may exceed the period of performance if they are purchased incidental to the original purchase of the system or equipment as long as the original purchase 491
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of the system or equipment is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this extends to licenses and user fees as well.

Grant funds are intended to support the National Preparedness Goal and to fund projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients with the ability to meet this objective, the policy set forth originally in IB 379: Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding allows for the expansion of eligible maintenance and sustainment costs that must be (1) in direct support of existing capabilities, (2) an otherwise allowable expenditure under the applicable grant program, and (3) tied to one of the core capabilities in the five mission areas outlined in the Goal. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant or any other source of funding other than FEMA preparedness grant program dollars.

Encouraged Use of Certain Products Produced in the United States Pursuant to Executive Order 13858 “Strengthening Buy-American Preferences for Infrastructure Projects,” FEMA encourages non-federal entities under this grant program to use, to the greatest extent practicable and consistent with the law, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States, in projects funded by an award under this grant program affecting surface transportation, including roadways, bridges, railroads, and transit; aviation; ports, including navigational channels; water resources projects; energy production, generation, and storage, including from fossil-fuels, renewable, nuclear, and hydroelectric sources; electricity transmission; gas, oil, and propane storage and transmission; electric, oil, natural gas, and propane distribution systems; broadband internet; pipelines; stormwater and sewer infrastructure; drinking water infrastructure; and cybersecurity. Notwithstanding this encouragement, non-federal entities must take care that all procurements and contract actions are consistent with law, this Manual and applicable appendices, the grant program’s NOFO, and the federal procurement standards at 2 C.F.R. §§ 200.317-200.326. 492
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Program Appendix G:

Port Security Grant Program (PSGP)
As a reminder, while this appendix contains PSGP-specific information and requirements, the main content of this Manual (non-appendix information) contains important information relevant to all preparedness grant programs, including the PSGP. Please be sure to read the main content of this Manual in addition to the program-specific appendices.

PSGP grant recipients and subrecipients may only use PSGP grant funds for the purposes set forth in the Notice of Funding Opportunity (NOFO), and all investments must be consistent with the statutory authority for the award. These grant funds may not be used for matching funds for other federal awards, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the Federal Government or any other government entity.

PSGP Funding Guidelines
Costs charged to a PSGP award must be consistent with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, located at 2 C.F.R. Part 200. For more information on 2 C.F.R. Part 200, please visit Information Bulletin (IB) 400 regarding FEMA’s implementation of these provisions prior to the recent 2020 revisions. For information on the recent revisions to these regulations, see 2 CFR Grants Management Policy Updates | FEMA.gov.

PSGP Priorities
See the annual PSGP NOFO.

Limitations on Funding
As part of the PSGP application process, applicants must complete the approved Investment Justification (IJ) template and included detailed budget sheets (incorporated into the IJ) provided addressing each initiative being proposed for funding. A single IJ should be submitted with each application. Each IJ should include all proposed projects in separate tabs within the IJ. Altered IJs or IJs that have been separated into multiple attachments will not be considered for funding. A corresponding detailed budget tab is included within the IJ and must be completed for each project, including the budget summary at the bottom of the form. Each project should represent the complete scope of work and materials required to achieve a single overall capability. For example, a project could be to procure a boat specifically designed and equipped as chemical, biological, radiological, nuclear and explosives (CBRNE) detection, prevention, response, and/or recovery platform. The IJ for this example project should include the CBRNE equipment in the same IJ as the vessel. The corresponding detailed budget should include a description of the equipment (i.e., 24’ Response Vessel) and computation (i.e., 1 x $375,000, total $375,000; Vessel mounted Rad/Nuke detection device, 1 x $25,000, total $25,000). Additionally, the total computation for the Total Project Cost, Federal Share, and non-Federal Share must be included in the detailed budget (i.e., Total $400,000; Federal Share $300,000; non-Federal Share $100,000). This demonstrates that the applicant and FEMA understand the level of Federal funding requested, as well as a commitment to the Cost Share required by the applicant to complete the project. (see “Cost-Share or Match” in the PSGP NOFO). 493
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In accordance with 46 U.S.C. § 70107(b)(2), PSGP funding for projects for the cost of acquisition, operation, and maintenance of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting systems, remote surveillance, concealed video systems, security vessels, and other security-related infrastructure or equipment that contributes to the overall security of passengers, cargo, or crewmembers cannot exceed $1 million federal share per project.

The $1 million per project limitation applies only to those projects funded under 46 U.S.C. § 70107(b)(2) and does not apply to projects funded under other provisions of Section 70107.

Allowable Direct Costs
Specific investments made in support of the funding priorities discussed in the annual PSGP NOFO generally fall into one of the following six allowable expense categories:
• Planning;
• Operational Activities;
• Equipment and Capital Projects;
• Training and Awareness Campaigns;
• Exercises; and
• Management and Administration.

The following provides guidance on allowable costs within each of these areas.

Planning
Planning activities address the Soft Targets/Crowded Places; Cybersecurity; and Planning Priorities.

PSGP funds may be used for the following types of planning activities:
• Development or updating of port wide risk mitigation plan (PRMP), including the conduct of port security vulnerability assessments as necessary to support plan update/development; • Development and enhancement of security plans and protocols within the Area Maritime Security Plan (AMSP), PRMP, and the Business Continuity and Resumption of Trade Plans (BCRTP) in support of maritime security and risk mitigation planning; • Materials required to conduct planning activities noted in this section; • Travel and per diem related to the professional planning activities noted in this section; • Coordination and information sharing with fusion centers; • Planning activities related to alert and warning capabilities; • Conducting risk and resilience assessments on increasingly connected cyber and physical systems, on which security depends, using the Infrastructure Resilience Planning Framework and related CISA resources;
• Other port wide maritime security project planning activities, which emphasize the ability to adapt to changing conditions and be prepared to withstand, and recover from, disruptions due to emergencies with prior approval from FEMA; and
• Backfill, overtime, hiring of part-time temporary personnel, and contractors or consultants to assist with planning activities. Copies of PSGP-funded plans must be made available to FEMA and the U.

S. Coast Guard (USCG) upon request.
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Operational Activities
Operational Activities address the Soft Targets/Crowded Places Priority.

Explosive Detection Canine Teams (EDCTs)
Use of canines (K-9) for explosive detection is one of the most effective solutions for the detection of vehicle-borne IEDs. When combined with the existing capability of a port or ferry security/police force, the added value provided through the addition of a canine team is significant. EDCTs are a proven, reliable resource to detect explosives and are a key component in a balanced counter-sabotage program.

Eligibility for funding of EDCTs is restricted to:
• U.S. Ferry Systems regulated under 33 C.F.R. Parts 101, 103, 104, and the passenger terminals these specific ferries service under 33 C.F.R. Part 105; • Maritime Transportation Security Act (MTSA) regulated facilities; and • Port authorities, port police, and local law enforcement agencies that provide direct layered security for these U. S. Ferry Systems and MTSA-regulated facilities, and are defined in an AMSP, Facility Security Plan (FSP), or Vessel Security Plan (VSP).

Applicants may apply for up to $450,000 ($150,000/year for three years) per award to support this endeavor. At the end of the grant period (36 months), recipients will still be responsible for continuing the heightened level of capability provided by the EDCT. A sustainment plan must be submitted with the applicant’s IJ to address the 12-month period beyond the period of performance of the award.

Eligible EDCT Costs
Funds for these EDCTs may not be used to fund drug detection and apprehension technique training. Only explosives detection training for EDCTs will be funded. The PSGP EDCT funds may only be used for new or expanded capabilities/programs and cannot be used to pay for existing K-9 teams, personnel, or K-9 training costs already supported by the port area. Repair and replacement of existing EDCT equipment is allowed. Eligible costs include:
• Contracted K-9 and handler providing services in accordance with PSGP guidance; • Salary and fringe benefits of new full- or part-time K-9 handler positions; • Training and certifications (travel costs associated with training for new or expanded full or part time agency handlers, and canines are allowable);
• K-9 and handler equipment costs;
• Purchase and train a new K-9 and handler for CBRNE detection; and • K-9 maintenance costs including but not limited to veterinary, housing, and feeding costs.

Ineligible EDCT costs include, but are not limited to:
• Hiring costs, including costs associated with initial police academy training of new officers; • Meals and incidentals associated with travel for initial certification; • Vehicles modified to be used solely to transport canines; and • Repair or replacement of unallowable equipment.

EDCT Certification
Each EDCT, composed of one dog and one handler, must be certified by an appropriate, qualified organization. K-9 and handler should receive an initial basic training course and weekly maintenance training sessions thereafter to maintain the certification. The basic training averages ten weeks for the canine team (K-9 and handler together) with weekly training and daily exercising. Comparable training and 495
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certification standards, such as those promulgated by the Transportation Security Administration (TSA) Explosive detection canine program, the National Police Canine Association (NPCA), the U.S. Police Canine Association (USPCA), or the International Explosive Detection Dog Association (IEDDA) may be used to meet this requirement. Certifications and training records will be kept on file with the recipient and made available to FEMA upon request.

EDCT Submission Requirements
Successful applicants will be required to submit an amendment to their approved VSP or FSP per 33 C.F.R.

Parts 104 and/or 105 detailing the inclusion of a K-9 explosive detection program into their security measures. The recipient will ensure that a written plan or standard operating procedures (SOPs) exist that describe EDCT deployment policy to include visible and unpredictable deterrent efforts and on-call EDCTs rapid response times as dictated by the agency’s FSP or VSP. The plan or SOPs must be made available to FEMA and USCG upon request.

The recipient will comply with requirements for the proper storage, handling, and transportation of all explosive training aids in accordance with the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Publication 5400.7 (ATF P 5400.7) (09/00), Federal Explosive Law and Regulations.

Additional EDCT Resources Available for K-9 Costs
The PSGP, while providing the ability to defray some start-up costs, does not cover any recurring costs associated with EDCT programs. FEMA strongly encourages applicants to investigate their eligibility under other programs, and potential exclusions, when developing their K-9 programs.

Organization Costs
Allowable organization-related costs are limited to those activities associated with new and ongoing maritime security operations essential to the national priorities. All such activities must be focused exclusively on maritime security and coordinated with the local Captain of the Port (COTP). PSGP funding used for organizational costs will only fund immediate needs for personnel that will be directly engaged in maritime security activities. Allowable organization personnel costs include:
• Backfill, Overtime, Hiring of Full or Part-Time Personnel or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support maritime-security-related activities and/or training conducted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. Salary and fringe benefit payments 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. Dual compensation is not allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Limitations may apply for grant related activities.

See specific guidance provided within this Manual for additional details on allowable organization costs (i.e., Training – Personnel costs are limited to backfill and overtime). • Hiring new, full-time personnel to:
o Operate maritime security patrol vessels (first response agencies only); o Staff a new or expanded interagency maritime security operation center; o Support maritime security/counterterrorism efforts in the local Joint Terrorism Task Force (JTTF) and/or fusion center; and
o Support credentialing access to a MTSA facility.
• Backfill and Overtime costs for existing personnel to:
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o Operate patrol vessels in support of pre-planned, mission critical activities, as identified by the local COTP (not including routine patrol); and
o Attend approved maritime security training courses.
• Personnel or contracted costs to:
o Install, repair, and replace port security equipment acquired with FEMA preparedness grant funds. Note this does not include routine maintenance, such as oil changes and daily/weekly systems tests; and
o Management and administration (M&A) of projects funded under this program. • Contracted costs to:
o Provide approved training courses; and
o Provide warranty, maintenance, and service agreements for equipment purchased under this grant.

Organization costs will only be funded to address port (or facility) security needs as outlined in the NOFO and this appendix. PSGP funding for new permanent or part-time personnel will not exceed the 36-month period of performance. Applicants must provide reasonable assurance that personnel costs can be sustained beyond the 36-month award period. A sustainment plan must be submitted with the applicant’s IJ to address the 12-month period beyond the period of performance of the award.

Equipment and Capital Projects
Equipment and Capital Projects address the Soft Targets/Crowded Places; Cybersecurity; and Equipment/Capital Projects Priorities.

Equipment Acquisition
PSGP funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards. PSGP funds may be used for the following categories of equipment. A comprehensive listing of allowable equipment categories and types is found in the Authorized Equipment List (AEL).

Requests for vehicles of any type are subject to secondary review and approval by the National Review Panel. These costs include:
• Personal Protective Equipment (PPE) for maritime security providers, such as ballistic protective body armor (not including uniforms);
• CBRNE response and remediation equipment for maritime security providers; • CBRNE decontamination equipment for direct maritime security providers and MTSA-regulated industry;
• CBRNE detection-equipped patrol vehicles (not including armored personnel carriers or tow trucks), provided they will be used exclusively for port/facility CBRNE detection security operations. A CBRNE detection equipped patrol vehicle must include specifically identified, permanently mounted detection equipment;
• Trailers (not vehicles) designed to carry maritime security equipment essential to maritime security, mitigation, and response (such as boat trailers, dive trailers, or mobile command trailers); • Mobile Command Centers only when validated by the COTP as essential to address a specifically required capability outlined in the approved AMSP. This does not include prime movers (tow-trucks), personnel carriers, or equipment transport vehicles; • CBRNE detection-equipped and patrol watercraft vessel/small boat used to directly support maritime security for a facility or within a Port Area on a routine basis (CBRNE detection equipment requested with the watercraft/small boat in the IJ must be listed and also detailed in the budget). However, a vessel is not required to be CBRNE equipped; 497
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• Marine firefighting vessels, provided they are outfitted with CBRNE detection equipment and are designed and equipped to meet NFPA 1925: Standard on Marine Fire-Fighting Vessels; • Firefighting foam and Purple-K Powder (PKP) may be purchased by public fire departments that have jurisdictions in a port area and would respond to an incident at an MTSA regulated facility; MTSA facilities may also receive funding for this purpose. Funding will be limited to a one-time purchase based on a worst-case incident at the facility or facilities; • Information-sharing technology; components or equipment designed to share maritime security risk information and maritime all-hazards risk information with other agencies (equipment must be compatible with generally used equipment);
• Maritime security risk mitigation interoperable communications equipment, including alert and warning capabilities;
• Terrorism incident prevention and response equipment for maritime security risk mitigation; • Physical security enhancements, to include TWIC projects (e.g., card readers, fences, blast resistant glass, turnstiles, hardened doors, and vehicle gates) at maritime facilities; • Portable fencing, closed-circuit televisions (CCTVs), passenger vans, minibuses, etc. to support secure passage of vessel crewmembers through a MTSA regulated facility; • Equipment that enhances continuity capabilities, such as interoperable communications, intrusion prevention/detection, physical security enhancements, software and other equipment needed to support essential functions during a disruption to normal operations; • Generators with appropriate capability (size) to provide back-up power to security systems and equipment that support Maritime Domain Awareness (not including routine operational capabilities):
o Access control equipment and systems;
o Detection and security surveillance equipment; and
o Enhancement of Command-and-Control facilities.
• Equipment for new personnel, such as personal protective equipment, is an allowable expense.

Weapons and equipment associated with weapons maintenance/security (e.g., firearms, ammunition, and gun lockers) are not allowable.

Recipients may purchase maritime security equipment not listed on the AEL, but only if they first seek and obtain prior approval from FEMA. In addition, recipients that are using PSGP funds to support emergency communications equipment activities must comply with the SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. This SAFECOM Guidance can be found at https://www.cisa.gov/safecom/funding.

Requirements for Small Unmanned Aircraft Systems
All requests to purchase Small Unmanned Aircraft Systems (sUAS) with FEMA grant funding must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and also include a description of the policies and procedures in place to safeguard individuals’ privacy, civil rights, and civil liberties of the jurisdiction that will purchase, take title to or otherwise use the sUAS equipment. SUAS policies are not required at the time of application but must be received and approved by FEMA prior to obligating PSGP funds. All grant-funded procurements must be executed in a manner compliant with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. For recipients that use PSGP funds for sUAS, FEMA advises that there is a general privacy concern related to the use of this equipment if the data the devices collect is transmitted to servers not under the control of the operator. It has been reported that some manufacturers of sUAS encrypt data and send that data to servers outside the United States. The U.S.

Department of Homeland Security’s Privacy Office suggests the recipient fully explore data transmission and storage issues with vendors to reduce the possibility of data breaches. 498
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Additionally, the Joint Explanatory Statement (JES) accompanying the FY 2023 DHS Appropriations further requires recipients to certify they have reviewed the Industry Alert on Chinese Manufactured Unmanned Aircraft Systems, and completed a risk assessment that considers the proposed use of foreign-made sUAS to ascertain potential risks (e.g., privacy, data breaches, cybersecurity, etc.) related to foreign-made versus domestic sUAS.

Acquisition and Use of Technology to Mitigate UAS (Counter-UAS) In August 2020, FEMA was alerted of an advisory guidance document issued by DHS, the Department of Justice, the Federal Aviation Administration, and the Federal Communications Commission:
https://www.dhs.gov/publication/interagency-legal-advisory-uas-detection-and-mitigation-technologies.

Sonar Devices
The four types of allowable sonar devices are: imaging sonar, scanning sonar, side scan sonar, and three- dimensional sonar. These types of sonar devices are intended to support the detection of underwater improvised explosive devices and enhance maritime domain awareness. The eligible types of sonar, and short descriptions of their capabilities, are provided below:
1) Imaging Sonar: A high-frequency sonar that produces “video-like” imagery using a narrow field of view. The sonar system can be pole-mounted over the side of a craft or hand-carried by a diver. 2) Scanning Sonar: Consists of smaller sonar systems that can be mounted on tripods and lowered to the bottom of the waterway. Scanning sonar produces a panoramic view of the surrounding area and can cover up to 360 degrees.
3) Side Scan Sonar: Placed inside a shell and towed behind a vessel. Side scan sonar produces strip- like images from both sides of the device.
4) Three-Dimensional Sonar: Produces 3-dimensional imagery of objects using an array receiver.

Maritime Domain Awareness
Maritime domain is defined as “all areas and things of, on, under, relating to, adjacent to, or bordering on a sea, ocean, or other navigable waterway, including all maritime-related activities, infrastructure, people, cargo, and vessels and other conveyances.” Homeland Security Presidential Directive-13 (NSPD-41/HSPD- 13) (Maritime Security Policy, December 21, 2004). According to the National Plan to Achieve Maritime Domain Awareness for the National Strategy for Maritime Security (Oct. 2005), “Maritime Domain 499
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Awareness (MDA) is the effective understanding of anything associated with the global maritime domain that could impact the security, safety, economy, or environment of the United States. MDA is a key component of an active, layered maritime defense in depth. It will be achieved by improving our ability to collect, fuse, analyze, display, and disseminate actionable information and intelligence to operational commanders.” Id. at ii. Applicants are encouraged to familiarize themselves with this National Strategy.

Improvised Explosive Device (IED) and CBRNE Prevention, Protection, Response, Recovery Capabilities
Port areas should continue to enhance their capabilities to prevent, detect, respond to, and recover from terrorist attacks employing IEDs, CBRNE devices, and other non-conventional weapons. Please refer to DHS Small Vessel Security Strategy (Apr. 2008).

Physical Security
Physical security is security measures that are designed to deny unauthorized access to facilities, equipment, and resources and to protect personnel and property from damage or harm (such as espionage, theft, or terrorist attacks). Physical security involves the use of multiple layers of interdependent systems and techniques. Physical security has been a focus of PSGP since the program’s inception in 2002. Primarily, physical security is intended to harden MTSA-regulated facilities against attacks. Law enforcement may contribute to physical security through patrols; however, patrol vessels generally enhance multiple core capabilities with a focus on CBRNE detection, deterrence, and response. Funding through PSGP for physical security projects should be only directed toward those projects that address identified MTSA required activities and identified in the entity FSP and/or the port area AMSP. Some examples of funded projects include TWIC-related equipment, fencing, lighting, gates, and CCTV. Physical security projects typically require EHP review prior to obligating PSGP funds.

Cybersecurity Projects
PSGP funds may be used for projects that enhance the cybersecurity of:
• Access controls;
• Sensors;
• Security cameras;
• Badge/ID readers;
• Industrial Control System (ICS)/Supervisory Control and Data Acquisition (SCADA) systems; • Process monitors and controls (such as firewalls, network segmentation, predictive security cloud, etc.); and
• Passenger/vehicle/cargo security screening equipment (cybersecurity assessments are allowable).

When requesting funds for cybersecurity, applicants are encouraged to propose projects that would aid in implementation of all or part of the Framework for Improving Critical Infrastructure Cybersecurity (the “Framework”) developed by the National Institute of Standards and Technology (NIST), or other similar sources. The Framework gathers existing international standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that do not know where to start with developing a cybersecurity program, the Framework provides initial guidance. For organizations with more advanced practices, the Framework offers a way to improve their programs, such as better communication with their leadership and suppliers about management of cyber risks.

The Cybersecurity and Infrastructure Security Agency’s (CISA) Critical Infrastructure Cyber Community C³ Voluntary Program also provides resources to critical infrastructure owners and operators to assist in adoption of the Framework and managing cyber risks. Additional information on the Critical Infrastructure Cyber Community C³ Voluntary Program can be found at http://www.cisa.gov/ccubedvp. DHS’s Enhanced Cybersecurity Services (ECS) program is an example of a resource that assists in protecting U.S.-based 500
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public and private entities and combines key elements of capabilities under the “Detect” and “Protect” functions to deliver an impactful solution relative to the outcomes of the Cybersecurity Framework.

Specifically, ECS offers intrusion prevention and analysis services that help U.S.-based companies and SLTT governments defend their computer systems against unauthorized access, exploitation, and data exfiltration. ECS works by sourcing timely, actionable cyber threat indicators from sensitive and classified Government Furnished Information (GFI). DHS then shares those indicators with accredited Commercial Service Providers (CSPs). Those CSPs in turn use the indicators to block certain types of malicious traffic from entering a company’s networks. Groups interested in subscribing to ECS must contract directly with a CSP in order to receive services. Please visit http://www.cisa.gov/enhanced-cybersecurity-services-ecs for a current list of ECS CSP points of contact.
“Hub and spoke” cybersecurity projects are allowable under PSGP for cybersecurity projects that span multiple port area facilities. Hub and spoke cybersecurity projects may affect a parent organization’s multiple eligible entities, and maritime security partners, in multiple port areas to provide a port-wide benefit. Such projects may be submitted within a primary Port Area for the project implementation. For example, an applicant in the Port of Houston may submit a hub and spoke project within the Houston/Galveston port area which includes system hardening throughout the organization’s facilities in Houston, Port Lavaca, and Corpus Christi. Proportionally, costs associated with entities or subcomponents that are not covered under an AMSP and are not instrumental to enhancing maritime security must not be included in the detailed budget worksheet or investment justification and thereby prorating the cost of the project only to those facilities that are covered by the AMSP. Following the example noted above, the applicant may not include costs associated with cybersecurity of their non-maritime facilities, such as a non-MTSA regulated facility located in San Antonio. Hub and spoke projects are limited only to the enhancement of maritime security as outlined in this section and may not include non-maritime systems or facilities. Please clearly identify hub and spoke projects as such within your IJ and consult your COTP to verify project applicability to enhancing maritime security.

Cybersecurity projects should address risks to the marine transportation system and/or Transportation Security Incidents (TSIs) outlined in the applicable AMSP, or priorities prescribed under applicable FSP or VSP, as mandated under the MTSA or the PRMPs. At the port level, examples of cybersecurity projects include but are not limited to projects that enhance the cybersecurity of access control, sensors, security cameras, badge/ID readers, ICS/SCADA systems, process monitors and controls (such as those that monitor flow rates, valve positions, tank levels, etc.), security/safety of the ship-to-port-to-facility-to- intermodal interface, and systems that control vital cargo machinery at the ship/shore interface (such as cranes, manifolds, loading arms, etc.), and passenger/vehicle/cargo security screening equipment.

Vulnerability assessments are generally not funded under PSGP. However, considering the evolving malicious cyber activity, the relative novelty of cybersecurity as a priority within the program, and the need to adopt best practices included in the voluntary Cybersecurity Framework, vulnerability assessments may be funded as contracted costs. Port-wide assessments are eligible and must demonstrate that the assessment includes port area partners and are necessary to be completed as a single project to ensure a comprehensive evaluation of port area cyber security vulnerabilities. Personnel costs (other than M&A) are not an allowable expense for conducting these assessments.

CISA offers free resources to assist with initial assessments, please see https://www.cisa.gov/cyber- resource-hub for additional information. Applicants are encouraged to utilize free resources prior to requesting funds under this program.

Copies of completed cybersecurity assessments funded under PSGP that impact the maritime transportation system, lead to a “transportation security incident” (as that term is defined under 46 U.S.C. § 70101(6)), or are otherwise related to systems, personnel, and procedures addressed by the 501
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facility and vessel plan shall be made available to FEMA and/or the local COTP upon request. The results of these cybersecurity assessments may be designated as Sensitive Security Information (SSI) and may be used to inform national maritime cybersecurity assessments.

Where a vulnerability assessment has been completed either through contracts or qualified personnel to identify existing gaps and required mitigation efforts, mitigating projects may be funded that include purchase of equipment, software, and infrastructure designed to harden cybersecurity. Specific questions on conducting vulnerability assessments should be referred to the respective FEMA Preparedness Officer.

Capital (Construction) Projects Guidance
Recipients must obtain written approval from FEMA prior to the use of any PSGP funds for construction or renovation projects. Additionally, PSGP funding may not be used to construct buildings or other physical facilities that are not constructed under terms and conditions consistent with the requirements of section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5196(j)(9)) (the Stafford Act),3 which requires compliance with the Davis-Bacon Act (codified as amended at 40 U.S.C. §§ 3141 et seq.) for PSGP funded projects. Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis- Bacon Act, including Department of Labor wage determinations, is available at http://www.dol.gov/whd/govcontracts/dbra.htm.

The following types of construction and renovation projects are allowable under PSGP, provided they address a specific vulnerability or need identified in AMSP or otherwise support the maintenance/sustainment of capabilities and equipment acquired through PSGP funding:
• Maritime Command and Control Centers;
• Interagency Operations Centers (IOCs) for maritime security; • Port Security Emergency Communications Centers;
• Buildings to house generators that support maritime security risk mitigation; • Maritime security risk mitigation facilities (e.g., dock house, ramps, and docks for existing port security assets);
• Hardened security fences/barriers at access points;
• Any other building or physical facility that enhances access control to the port/MTSA facility area; and
• PSGP funding may be used to purchase and/or upgrade a barge to support a staging area for maritime/port security patrols or maritime security risk mitigation responses. (Certain areas throughout the Nation may require a barge that can be permanently anchored or moored in certain areas to support maritime security risk mitigation activities.).

To be considered eligible for funding, the construction of fusion centers, operations centers, or communications centers must offer a port wide benefit and support information sharing and operational coordination among regional interagency and other port security partners. Applicants are reminded that the period of performance is 36 months. Eligible costs for construction or renovation projects may not exceed $1 million (federal share) per project, which may not exceed 10% of the total amount of the award, as stated 3 While the Maritime Transportation Security Act of 2002, as amended at 46 U.S.C. § 70107(b)(2), requires that such activities are carried out consistent with Section 611(j)(8) of the Stafford Act, a subsequent amendment to the Stafford Act by section 3 of Pub. L. No. 109-308 in 2006 redesignated the text of Section 611(j)(8) to 611(j)(9). The cross- reference in the Maritime Transportation Security Act of 2002 has not been updated. 502
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in 46 U.S.C. § 70107(b)(2)(A) and (B) (Section 102 of the Maritime Transportation Security Act of 2002, Pub. L. 107-295, as amended). Grant recipients are not permitted to use PSGP funds for construction projects that are eligible for funding under other federal grant programs. PSGP funds may only be used for construction activities directly related to maritime security risk mitigation enhancements.

All construction or renovation projects require Environmental Planning and Historic Preservation (EHP) review. The recipient is also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with the relevant Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects; compliance with all state and local EHP laws and requirements). Projects for which the recipient believes an Environmental Assessment (EA) may be needed, as defined in DHS Instruction Manual 023-01-001-01, Revision 01, EHP Directive and Instruction, FEMA Directive 108-1, and FEMA Instruction 108-1-1, must also be identified to the FEMA HQ Preparedness Officer within the first six months of the award, regardless of the length of the period of performance. Completed EHP review materials for construction and renovation projects must be submitted no later than 12 months before the end of the period of performance.

EHP policy guidance and the EHP Screening Form can both be found on FEMA.gov. EHP review materials should be sent to [email protected].

Training and Awareness Campaigns
Training and Awareness Campaigns address the Soft Targets/Crowded Places; Cybersecurity; and Training and Awareness Campaign Priorities.

Training
Port areas should assess their training and qualification requirements and coordinate training needs and qualification requirements of incident response personnel. Funding for personnel training is limited to those courses that are essential to enhance maritime security. A listing of courses that are currently approved for PSGP funding is included in the table below.

Some training activities require EHP Review, including exercises, drills or trainings that require any type of land, water, or vegetation disturbance or building of temporary structures or that are not located at facilities designed to conduct training and exercises. Additional information on training requirements and EHP review can be found online at Environmental & Historic Preservation Grant Preparation Resources | FEMA.gov.

Funding for training courses not listed in Table 3 may be permitted on a case-by-case basis depending on the specific maritime security risk mitigation training needs of the eligible PSGP applicant. In such cases, an applicant will be required to explain in the IJ why none of the approved courses referenced in Table 3 satisfy the identified training need and must submit detailed course information for review and consideration by the local COTP field review team and the Nation Review Panel.

Further, in accordance with 46 U.S.C. § 70107(c)(2)(C), no cost share is required to train public safety personnel in the enforcement of security zones under section 46 U.S.C. § 70132 or assisting the enforcement of such security zones. Per 46 U.S.C. § 70132(d), the term “public safety personnel” includes any federal, state (or political subdivision thereof), territorial, or tribal law enforcement officer, firefighter, or emergency response provider
Training denoted with an asterisk (*) in the table below is exempt from cost share only to train public safety personnel who enforce security zones. Additional training of public safety personnel may be exempt if specifically identified by the COTP as exempt and necessary for enforcement or the assistance of enforcement of security zones as specified by 46 U.S.C. § 70132. Requests that fail to include a cost share for training that is not exempt from cost share requirements as outlined in 46 U.S.C. § 70132 503
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will not be considered for funding. Training for public safety personnel who do not provide enforcement of security zones are not exempt from cost share. Training rosters and certificates must be provided to FEMA upon request. Please consult your COTP prior to requesting cost share exempt training for enforcement of security zones. Refer to Section C.4 of the NOFO for more specific cost share information for that specific year’s requirements.

Seminars and workshops are not considered “Training”, however applicants wishing to host seminars or workshops with PSGP funding may be eligible for funding following the criteria set forth in the “Exercise” section of this guidance.

Table 3: Approved PSGP Training Courses
National Training and Education Division
Course Number Course Name
AWR-144 Port and Vessel Security for Public Safety and Maritime Personnel AWR-213 Critical Infrastructure Security and Resilience Awareness AWR-366-W Developing a Cyber Security Annex for Incident Response MGT-335 Event Security Planning for Public Professionals MGT-335-W Event Security Planning for Public Professionals, Web Based MGT-400 Master of Arts Degree in Homeland Security
MGT-425 Homeland Security Executive Leaders Program (ELP) MGT-452 Physical and Cybersecurity for Critical Infrastructure MGT-456 Integration of Cybersecurity Personnel into the Emergency Management Operations Center for Cyber Incidents
PER-330 The Surface Transportation Emergency Preparedness and Security for Mass Transit and Passenger Rail (STEPS-PT)
PER-331 Surface Transportation Emergency Preparedness and Security for Senior Officials or Administrators (STEPS Sr)
Federal-Sponsored
Course Number Course Name
DHS-006-PREV Seaport Security Anti-Terrorism Training Program (SSATP) DHS-011-PREV Maritime PRND Operations Course
DHS-016-PREV Protective Measures Training for Security Officers, Mid-Level Safety/Security Supervisors, and Property Managers
*DHS-011-PROT NASBLA BOAT Tactical Operators Course
*DHS-009-PROT Boat Operator's Anti-Terrorism Training
DHS-126-RESP NASBLA BOAT Crew Member Course
*DHS-128-RESP NASBLA - Pursuit and Stop Course
State-Sponsored
Course Number Course Name
CA-006-PREV Maritime Company, Vessel, and Facility Security Officer CA-007-PREV Basic Maritime Security Awareness
CA-008-PREV Basic First Responder Operational Maritime Security (FROMS) CA-015-RESP Maritime Facility Security Officer
CA-020-RESP WMD & Terrorism Awareness for Security Professionals ME-001-PROT Maritime Security Awareness for Military, First Responder and Law Enforcement Personnel
ME-002-PROT Command Strategies and Tactics for Marine Emergencies *ME-003-PROT Tactical Boat Operations for Maritime Security and LE Personnel ME-002-RESP Emergency Medical Operations in the Maritime Domain NJ-003-PREV Government Agency Maritime Security Awareness Program (GAMSAP) 504
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NJ-015-PREV Security Awareness & Vigilance for Everyone NY-001-PREV Maritime Infrastructure Protection
NY-001-PROT Safe Boat Operators
*NY-002-PREV Tactical Escorts and Security Zones
NY-002-PROT Pattern Line Search/Recovery Course
NY-004-RESP Vehicle Borne Improvised Explosive Device Security Checkpoint Federal Law Enforcement Training Center (FLETC)
Course Number Course Name
*MTOTP Marine Law Enforcement Training Program
IBOT Inland Boat Operator’s Training
ENTP Electronic Navigation Training Program
*BOAT Boat Operator’s Anti-Terrorism Training Program
*MLETP Marine Law Enforcement Training Program
*CVBTP Commercial Vessel Boarding Training Program
*SSATP Seaport Security Anti-Terrorism Training Program Exercises
Exercise activities address the Soft Targets/Crowded Places; Cybersecurity; and Exercises Priorities.

Exercises funded under the PSGP typically include Seminars, Workshops, Tabletop, Functional, Drills, and Full-Scale exercises. PSGP-funded exercises must have a maritime security focus and include applicable documentation, after action reports, and improvement plans. See below for additional information.

Maritime entity training needs and qualification requirements of incident response personnel should be regularly tested through emergency exercises and drills. Exercises must test operational protocols that would be implemented in the event of a terrorist attack in the maritime environment in accordance with the Area Maritime Security Training Exercise Program (AMSTEP) or the TSA Intermodal Security Training Exercise Program (I-STEP) guidelines. AMSTEP or I-STEP exercises will follow the latest change in requirements contained in the Navigation and Inspection Circular (NVIC) 09-02. Exercises must be designed, developed and conducted consistent with the Homeland Security Exercise and Evaluation Program (HSEEP). Funding used for exercises will only be permitted for those exercises that are in direct support of a MTSA-regulated facility or a port area’s MTSA-required exercises (see 33 C.F.R. § 105.220 for a facility and 33 C.F.R. § 103.515 for the AMSP). These exercises must be coordinated with the COTP and AMSC and be consistent with HSEEP. More information on HSEEP may be found at https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep.

Some exercise activities require EHP Review, including exercises, drills or trainings that require any type of land, water, or vegetation disturbance or building of temporary structures or that are not located at facilities designed to conduct training and exercises. Additional information on training requirements and EHP review can be found online at Environmental & Historic Preservation Grant Preparation Resources | FEMA.gov.

Recipients are required to submit an After-Action Report/Improvement Plan (AAR/IP) for each PSGP- funded exercise to [email protected], and the appropriate local COTP no later than 90 days after completion of the exercise conducted within the PSGP period of performance (POP). Recipients are reminded of the importance of implementing corrective actions iteratively throughout the progressive exercise cycle. Recipients are required to use the HSEEP AAR/IP template located at https://preptoolkit.fema.gov/web/hseep-resources/improvement-planning. 505
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Recipients of PSGP funding for exercises should verify in progress reports the completion of the exercise(s), after-action report(s), improvement plan(s), and notifications made to [email protected] and the COTP.

PSGP funds may be used for the following exercise activities:

Funds Used to Design, Develop, Conduct, and Evaluate an Exercise. This includes costs related to planning, meeting space, and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Exercises afford organizations the opportunity to validate plans and procedures, evaluate capabilities, and assess progress toward meeting capability targets in a controlled, low risk setting. Any shortcoming or gap identified, including those for children and individuals with disabilities or other access and functional needs, should be identified in an effective corrective action program that includes development of improvement plans that are dynamic documents, with corrective actions continually monitored and implemented as part of improving preparedness through the exercise cycle.

Hiring of Full- or Part-Time Staff or Contractors/Consultants. Full- or part-time staff may be hired to support exercise-related activities. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. Such costs must be included within the funding allowed for program management personnel expenses, which must not exceed 10% of the total allocation.

Dual compensation is never allowable, meaning, in other words, that an employee of a unit of government may not receive compensation from his or her unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both entities. Personnel hiring, overtime, and backfill expenses are permitted under this grant only to the extent that such expenses are for the allowable activities within the scope of the grant.

Overtime and Backfill Costs. The entire amount of overtime costs, including payments related to backfilling personnel that are the direct result of time spent on 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 more restrictive. Dual compensation is never allowable.

Travel. Domestic 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). International travel costs are not permitted.

Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., gloves, non-sterile masks, and disposable protective equipment).

Other Items. These costs include the rental of space/locations for exercise planning and executing, rental of equipment, etc. Recipients are encouraged to use free public space, locations, or facilities, whenever available, prior to the rental of space, locations, or facilities. These also include costs that may be associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities.

The National Exercise Program (NEP) serves as the principal exercise mechanism for examining national preparedness and measuring readiness. Recipients are strongly encouraged to nominate exercises into the NEP. For additional information on the NEP, please refer to http://www.fema.gov/national-exercise- program.
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Management and Administration (M&A)
M&A costs are allowed under this program. M&A costs are activities directly related to managing and administering the award. Recipients may use up to 5% of the amount of the award for their M&A. PSGP funds may be used for the following M&A costs:
• Hiring full-time or part-time staff, including contractors and consultants, to execute the following:
o Management of the awarded fiscal years’ PSGP award;
o Design and implementation of the awarded fiscal years’ PSGP submission meeting compliance with reporting/data collection requirements, including data calls; o Information collection and processing necessary to respond to FEMA data calls; o Travel expenses related to PSGP grant administration; and o Acquisition of authorized office equipment, including personal computers or laptops for PSGP M&A purposes.

Allowable Indirect Costs
Indirect costs are allowable under this program. See the “Procedures for Establishing Indirect Cost Rates” Section in “Pre-Submission Information” for more information.

Unallowable Costs
Projects that do not provide a compelling maritime security benefit or have a direct nexus toward maritime security risk mitigation are not permitted. For example, projects that are primarily for economic or safety benefit (as opposed to having a direct maritime security risk mitigation benefit) are ineligible for PSGP funding. In addition, projects that provide a broad homeland security benefit (e.g., a communication system or fusion center for an entire city, county, state, etc.) as opposed to providing primary benefit to the port are ineligible for PSGP funding since these projects should be eligible for funding through other preparedness grant programs. The following projects and costs are considered ineligible for award consideration:
• Grant funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and may not be used for the purchase of the following equipment:
firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed;
• Projects in which federal agencies are the primary beneficiary or that enhance federal property, including sub-components of a federal agency;
• Projects that study technology development for security of national or international cargo supply chains (e.g., e-seals, smart containers, container tracking or container intrusion detection devices); • Proof-of-concept projects;
• Development of training;
• Projects that duplicate capabilities being provided by the Federal Government (e.g., vessel traffic systems);
• Business operating expenses (certain security-related operational and maintenance costs are allowable—see “Maintenance and Sustainment” and “Operational Costs” for further guidance); • Transportation Worker Identification Credential (TWIC) card fees; • Reimbursement of pre-award security expenses;
• Outfitting facilities, vessels, or other structures with equipment or items providing convenience rather than a direct security benefit. Examples of such equipment or items include but are not limited to office furniture, CD players, DVD players, AM/FM radios, TVs, stereos, entertainment satellite systems, entertainment cable systems and other such entertainment media, unless sufficient justification is provided. This includes weapons and associated equipment (i.e., holsters, optical 507
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sights, and scopes), including but not limited to, non-lethal or less-than-lethal weaponry including firearms, ammunition, and weapons affixed to facilities, vessels, or other structures; • Standard issue uniforms (other than maritime security personal protective equipment [PPE]); • Expenditures for items such as general-use software, general-use computers, and related equipment (other than for allowable M&A activities, or otherwise associated) preparedness or response functions), general-use vehicles and licensing fees;
• Land acquisitions and right of way purchases;
• Funding for standard operations vehicles utilized for routine duties, such as patrol cars and fire trucks;
• Fuel costs (except as permitted for training and exercises); • Exercise(s) that do not support maritime security preparedness efforts; • Patrol vehicles and firefighting apparatus, other than those CBRNE detection equipped vehicles for port area and/or facility patrol or response purposes;
• Specialty vehicles such as trucks for towing boat trailers/equipment and armored personnel carriers; • Providing protection training to public police agencies or private security services to support protecting VIPs or dignitaries;
• Aircraft pilot training, including aircraft operations such as aircraft ditch training; • Post incident investigation training;
• Basic or advanced dive training (except marine unit CBRNE detection/response dive training); • Training for personnel not primarily assigned to maritime security activities or MTSA required security personnel (e.g., vessel patrol officers, facility security officers); and • Reimbursement for the maintenance and wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances, repair, or cleaning of PPE, etc.).

Maintenance and Sustainment Costs
The use of FEMA preparedness grant funds for maintenance contracts or agreements, warranty coverage, repair or replacement costs, licenses, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. These contracts may exceed the period of performance if they are purchased incidental to the original purchase of the system or equipment as long as the original purchase of the system or equipment is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this extends to licenses and user fees as well.

Under PSGP, maintenance and sustainment is focused specifically on the repair and replacement of existing equipment and does not include routine activities such as oil changes or washing/cleaning existing equipment. For example, an IJ for a camera system maintenance contract should detail the number of cameras the applicant anticipates repairing/replacing during the period of performance (i.e., the port operates 100 cameras and typically replaces 10% of the system each year, funding is for the replacement of 30 cameras over the 3-year period of performance.

Grant funds are intended to support the National Preparedness Goal and fund projects that build and sustain the core capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide recipients the ability to meet this objective, the policy set forth in IB 379: Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding allows for the expansion of eligible maintenance and sustainment costs that must be in (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program, and (3) be tied to one of the core 508
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capabilities in the five mission areas outlined in the Goal. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant or any other source of funding other than FEMA preparedness grant program dollars.

Port-Wide Risk Management Plans
Port areas with existing PRMPs are encouraged to maintain their PRMPs and use them to identify projects that will serve to address remaining maritime security vulnerabilities. These ports are also encouraged to develop or maintain a BCRTP. For purposes of regional strategic and tactical planning, these plans must take into consideration all port areas covered by their AMSP, align with the port area’s AMSP, consider the entire port system strategically as a whole, and identify actions designed to effectively mitigate security risks associated with the system’s maritime critical infrastructure and key resources.

Additional Port Security Resources
• U.S. Department of Transportation “BUILD” grants for National Infrastructure Investments may include funding to support roads, bridges, transit, rail, ports, or intermodal transportation, see https://www.transportation.gov/BUILDgrants
• Cybersecurity assessments may be available via CISA, see https://www.cisa.gov/cyber-resource- hub
Sample Memorandum of Understanding/Agreement (MOU/MOA)
The sample MOU/MOA below demonstrates all of the elements required in the PSGP NOFO for acceptance for review as part of a grant application from a state or local agency providing security services to MTSA-regulated entities.
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PSGP Investment Modifications
The purpose of the grant award is to implement projects pursuant to the authorities at 46 U.S.C. § 70107.

Under extreme circumstances, a recipient may reallocate award funds from one project to another with prior written approval from FEMA, and in a manner consistent with 2 C.F.R. § 200.308 as long as it does not change the overall scope or objective of the award. Circumstances include, but are not limited to, an inability to complete the original project, disaster events perpetuating an immediate need to reprioritize funds, and changes in regulatory requirements. A recipient must explain the deviation from the original project, including why it is deviating from or scaling down the original project, and what specific circumstances that occurred after the time of its award that necessitate the reallocation request, in its reallocation request. The recipient must also identify how the reallocation request aligns with PSGP priorities and the recipient’s original application and the award’s scope of work. Due to legal limitations, reallocation requests that would change the scope of the overall project(s) are not permitted. FEMA will also coordinate such reallocation requests with the USCG COTP, and these requests must be verified and supported by the COTP as essential in addressing Port Area priorities. Please also see Section C.4 of this NOFO regarding cost share requirements, including the implications if the project costs are less than what was applied for.

Memorandum of [Understanding / Agreement]
Between [provider of layered security] and [recipient of layered security] Regarding [provider of layered security’s] Use of Port Security Grant Program Funds

1. PARTIES. The parties to this Agreement are the [Provider of Layered Security] and the [Recipient of security service].

2. AUTHORITY. This Agreement is authorized under the provisions of [applicable Area Maritime Security Committee (AMSC) authorities and/or other authorities].

3. PURPOSE. The purpose of this Agreement is to set forth terms by which [Provider of security service] shall expend Port Security Grant Program project funding in providing security service to [Recipient of security service]. Under requested PSGP grant, the [Provider of security service] must provide layered security to [Recipient of security service] consistent with the approach described in an approved grant application.

4. RESPONSIBILITIES: The security roles and responsibilities of each party a re understood as follows:
(1) [Recipient of security service]
Roles and responsibilities in providing its own security at each MARSEC level (2) [Provider of security service]
[-An acknowledgement by the facility that the applicant is part of their facility security plan.] [-The nature of the security that the applicant agrees to supply to the regulated facility (waterside surveillance, increased screening, etc.).]
[-Roles and responsibilities in providing security to [Recipient of security service] at each MARSEC level.]

5. POINTS OF CONTACT. [Identify the POCs for all applicable organizations under the Agreement; including addresses and phone numbers (fax number, e-mail, or internet addresses can also be included).]

6. OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current laws or regulations of [applicable State] or [applicable local Government]. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect.

7. EFFECTIVE DATE. The terms of this agreement will become effective on [EFFECTIVE DATE].

8. MODIFICATION. This agreement may be modified upon the mutual written consent of the parties.

9. TERMINATION. The terms of this agreement, as modified with the consent of both parties, will remain in effect until the grant end dates for an approved grant. Either party upon [NUMBER] day’s wr itten notice to the other party may terminate this agreement.

APPROVED BY: Organization and Title
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Program Appendix H:

Emergency Management Performance Grant Program
As a reminder, while this appendix contains Emergency Management Performance Grant (EMPG) Program-specific information and requirements, the main content of this Manual (non-appendix information) contains important information relevant to all preparedness grant programs, including the EMPG Program.

NOTE: An “EMPG Requirements Matrix” is provided at the end of this Appendix. It is intended to serve as a useful reference for grant recipients and subrecipients by capturing all of the various programmatic and financial requirements associated with the FY 2023 EMPG Program.

EMPG Program Priorities
The national priorities for the FY 2023 EMPG Program are:
• Equity
• Climate Resilience
• Readiness
These priorities correspond directly to goals outlined in the 2022-2026 FEMA Strategic Plan. All EMPG Program recipients are encouraged to review the strategic plan and consider how FY 2023 EMPG Program funding can be used to support the Plan’s goals and objectives as they apply to the state/territory’s specific needs and the needs of the whole community. The national priorities are explained in further detail in the FY 2023 EMPG Program Notice of Funding Opportunity (NOFO).

Alignment of the EMPG Program to the National Preparedness System The EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities. Core capabilities are essential for the execution of critical tasks for each of the five mission areas outlined in the National Preparedness Goal (the Goal).

The EMPG Program’s allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the Goal.

FEMA requires recipients to prioritize grant funding to demonstrate how EMPG Program-funded investments support 1) building or sustaining those capabilities that are identified as high priority through the Threat and Hazard Identification and Risk Assessment (THIRA)/Stakeholder Preparedness Review (SPR) process and other relevant information sources, such as: i) after-action reports (AARs) following exercises or real-world events; ii) audit and monitoring findings; iii) Hazard Mitigation Plans; and/or iv) other deliberate planning products; and 2) closing capability gaps that are identified in the state or territory’s most recent SPR. To better understand the relationship between building capabilities and closing capability gaps, refer to Comprehensive Preparedness Guide (CPG) 201: Threat and Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) Guide.. In advance of issuing the FY 2023 EMPG Program awards, FEMA Regional Administrators will identify individual regional priorities based on their unique knowledge of each region’s preparedness and emergency management needs and will share those priorities with the states and territories within their region. The final priorities will be identified and mutually agreed to by the state/territory and Regional Administrator through a collaborative negotiation process. Ideally, all EMPG Program-funded projects, as outlined in the approved FY 2023 EMPG Program Work Plan, will support the priorities identified through this collaborative approach. See the EMPG Program Work Plan section for additional guidance. 511
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FEMA continues to place emphasis on capabilities that address the greatest risks to the security and resilience of the United States. When applicable, funding should support deployable assets that can be used anywhere in the Nation through automatic assistance and mutual aid agreements, including, but not limited to, the Emergency Management Assistance Compact. The EMPG Program supports investments that improve the ability of jurisdictions nationwide to:
• Prevent a threatened or an actual act of terrorism;
• Protect our citizens, residents, visitors, and assets against the greatest threats and hazards; • Mitigate the loss of life and property by lessening the impact of future disasters; • Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident; or
• Recover through a focus on the timely restoration, strengthening, and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by a catastrophic incident.

The core capabilities contained in the Goal are highly interdependent and require the use of existing preparedness networks and activities to improve training and exercise programs, innovation, and appropriate administrative, finance, and logistics systems.

Implementation of the National Preparedness System
Identifying and Assessing Risk and Estimating Capability Requirements By December 31, 2022, recipients were required to complete a THIRA/SPR that addresses all 32 core capabilities and is compliant with Comprehensive Preparedness Guide (CPG) 201, Third Edition.

Recipients are required to submit a THIRA every three (3) years to establish a consistent baseline for assessment. 2022 is the start of the new 3-year THIRA/SPR cycle and baseline assessment year for existing recipients. Any new grant recipients during calendar year 2023, for which the THIRA/SPR requirement applies, will start their new 3-year THIRA/SPR cycle and baseline assessment year in 2023. Specific guidance on the requirements for each core capability is provided through program implementation support and supplemental guidance, as some core capabilities have fewer reporting requirements than others.

Recipients must continue to respond to a series of planning-related questions as part of the THIRA/SPR process.

While the THIRA is only required every three years, jurisdictions are required to submit an SPR annually.

The submission deadline is December 31st each year (as applicable). For additional guidance on the THIRA/SPR, please refer to Comprehensive Preparedness Guide (CPG) 201, Third Edition. Recipients are also encouraged to refer to the Preparedness Toolkit, which is an online portal that provides the whole community with tools to aid in implementing all six areas of the National Preparedness System.

Reporting:
• All EMPG Program recipients are required to submit a Biannual Strategy Implementation Report (BSIR) no later than 30 days after the end of each semi-annual reporting period. The BSIR is submitted via the Grants Reporting Tool (GRT).
o For the reporting period January 1-June 30, the BSIR is due no later than July 30 o For the reporting period July 1-December 31, the BSIR is due no later than January 30 • In each EMPG Program recipient’s Performance Progress Report (PPR), submitted via ND Grants on a quarterly basis, the recipient must describe how expenditures support building capability, closing capability gaps, or sustaining capabilities identified in the THIRA/SPR process. EMPG Program recipients will, on a project-by-project basis, check one of the following:
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o Building a capability with EMPG Program funding; or
o Sustaining a capability with EMPG Program funding.

Building and Sustaining Core Capabilities
Recipients must describe how proposed EMPG Program-funded projects will close capability gaps or sustain capabilities identified through the THIRA/SPR process, particularly SPR Step 2 (see Comprehensive Preparedness Guide (CPG) 201, Third Edition), or other relevant information sources that identify capability needs. See EMPG Program Work Plan section for additional guidance and requirements.

National Incident Management System (NIMS) Implementation EMPG Program recipients and subrecipients are required to implement NIMS. NIMS guides all levels of government, nongovernmental organizations (NGO), and the private sector to work together to prevent, protect against, mitigate, respond to, and recover from incidents. NIMS provides stakeholders across the whole community with the shared vocabulary, systems, and processes to successfully deliver the capabilities described in the National Preparedness System. EMPG Program recipients must use standardized resource management concepts for resource typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking, and recovery of resources.

EMPG Program funds may be used for NIMS implementation; specifically, to meet the requirements described in the NIMS Implementation Objectives for Local, State, Tribal, and Territorial Jurisdictions.

This document should be used as a guide for both identifying NIMS implementation objectives and needs and as a tool for evaluating NIMS compliance. Additional information about NIMS implementation is available at NIMS Implementation and Training.

Reporting:
• Recipients will answer questions in the applicable secondary NIMS assessment portion of the Unified Reporting Tool (URT) as part of a jurisdiction’s THIRA/SPR submission. This involves reporting on the status of the qualification system used within the jurisdiction and sub-jurisdictions, as outlined in the EMPG Program NOFO.
• Reporting will also be through a review by the FEMA Regional NIMS Coordinators during annual technical assistance visits with the states, tribes, and territories within their regions.

National Qualifications System (NQS) Implementation
For FY 2023, as a post-award requirement, all recipients in the 50 states and District of Columbia must work towards achieving the Phase 1 NQS Implementation Objectives outlined in the table below and must, at a minimum, execute the Implementation Plan they developed last year as part of the Phase 0 NQS Implementation Objectives. Jurisdictions that began implementation in FY 2023 shall have designed and adopted organizational qualification system procedures, a certification program and credentialing standards for incident workforce personnel in alignment with the NIMS Guideline for the National Qualification System. All other jurisdictions (including territories and FY 2023 EMPG Program subrecipients) are required to work toward implementation of NQS by developing an Implementation Plan, using the FEMA- provided two-page template referenced in the table below.

For all states and territories, the following requirements shall apply:
• At a minimum, only EMPG Program-funded deployable personnel, as determined by each recipient organization, will be required to meet NQS certification requirements. 513
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• Recipients and subrecipients will be considered in compliance with the NQS requirements as long they are working towards implementing the NQS Implementation Objectives as outlined in the table below.
• The expected completion date for each phase of the NQS Implementation Objectives is December 31 of the applicable calendar year (CY).

Additional NQS Implementation Guidance can be found at: National Qualification System Supplemental Documents | FEMA.gov.

NQS Implementation Phase Objectives
Phase 0: NQS Implementation Objectives for
CY 2022
Example Indicators
▪ Only the 50 States, the District of Columbia and
Puerto Rico shall work toward implementation
of NQS by developing an Implementation Plan,
using the FEMA-provided two-page template.
▪ The Implementation Plan will identify a
jurisdiction’s timeline for implementing NQS
by CY 2025.
▪ All other jurisdictions are encouraged to begin
working toward identifying, at a minimum,
frequently deployed positions and
implementation but will not be required until
CY 2023.
▪ Completion of a jurisdiction implementation
plan.
▪ Identification of implementation challenges.

Phase 1: NQS Implementation Objectives for
CY 2023 Example Indicators
▪ All jurisdictions shall work toward
implementation of NQS by developing an
Implementation Plan, using the FEMA-
provided two-page template.
▪ Jurisdictions that began implementation in CY
2022 shall have designed and adopted
organizational qualification system procedures,
a certification program and credentialing
standards for incident workforce personnel in
alignment with the NIMS Guideline for the
National Qualification System.
▪ Completion of a jurisdiction implementation
plan.
▪ Identification of implementation challenges.
▪ Qualification policies and procedures approved
by the jurisdiction. Procedures may include:
− Establishment of a Qualification Review
Board, or equivalent review processes for
incident workforce personnel qualifications.
− Individual and team coach and evaluation
processes for incident workforce personnel
qualifications.
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Phase 2: NQS Implementation Objectives for
CY 2024 Example Indicators
▪ All jurisdictions shall have designed and
approved organizational qualification system
procedures, certification program and
credentialing standards for incident workforce
personnel in alignment with the NIMS
Guideline for the National Qualification
System.
▪ Jurisdictions that began implementation in CY
2022 shall have issued position task books
(PTBs) to incident workforce personnel, as
designated by the jurisdiction, and ensure
incident workforce personnel show progress in
working towards task endorsements and
minimum training requirements.
▪ In CY 2024, all jurisdictions partially satisfy the
requirement by ensuring incident workforce
personnel, which they designate, meet the
minimum training requirements from the Job
Title/Position Qualification.
▪ Jurisdictions shall use a resource management
or qualification tool system to track the
qualification, certification and credentialing of
incident workforce personnel.
▪ Qualification policies and procedures approved
by the jurisdiction.
▪ Minimum criteria that trainees must meet to be
qualified in a specific position is outlined in the
NQS Job Title/Position Qualification.
▪ PTB issuance and completion data.
▪ Adoption of a resource management system
such as OneResponder, which is a web-based
application hosted in a cloud environment. It
allows AHJs to manage qualifications of
personnel.

Phase 3: NQS Implementation Objectives for
CY 2025
Example Indicators
▪ All jurisdictions shall have issued PTBs to
incident workforce personnel, which they
designate, and ensure incident workforce
personnel show progress in working towards
task endorsements and minimum training
requirements.
▪ PTB issuance and completion data.

Reporting:

Data collection and reporting on NQS implementation will be addressed via the following:
• NIMS secondary assessment questions on the URT. This involves reporting on the status of the qualification system used within the jurisdiction and sub-jurisdictions. • NIMS Regional Coordinator Program Guide that allows Regional NIMS Coordinators to review state NIMS programs by the end of CY 2023.
• Review by the Regional NIMS Coordinators during annual technical assistance visits with the states, tribes, and territories within their regions.
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Logistics Planning
Distribution Management Plans
EMPG Program recipients are required to develop and maintain a Distribution Management (DM) plan as an annex to their existing Emergency Operations Plan (EOP). Comprehensive Preparedness Guide (CPG) 101 provides guidance on the fundamentals of planning and development of Emergency Operations Plans.

The Distribution Management Plan Guide 2.0 (fema.gov) released in January 2022 provides information on how to develop the DM plan annex, key DM plan components, how to review and update a DM plan, and how FEMA reviews and evaluates the plans.

A state/territory should submit its DM Plan as both a Word document and PDF to its FEMA Regional Grants Division. The maturity level of the plan may vary by state/territory, but the recipient is required to submit a DM Plan that accurately reflects the state or territory’s current capabilities and capacity to distribute resources to survivors after a disaster and addresses the following components: Requirements Defining; Resource Ordering; Distribution Methods; Inventory Management; Transportation; Staging; and Demobilization.

The DM plan must be reviewed by recipients on an annual basis and updated as necessary by September 30th of each calendar year. In the applicable secondary CPG 101 assessment portion of the online URT, jurisdictions capture whether they have developed and incorporated a DM plan in their EOP. • The DM plan should focus on the distribution of commodities and supplies such as food, water, generators and tarps to survivors following a disaster. • The DM plan should address strategies/plans for the following:
o Requirements Defining
o Resource Ordering
o Distribution Methods
o Inventory Management
o Staging Areas
o Transportation
o Demobilization
FEMA Regional Logistics Branch staff will work with EMPG Program recipients to provide technical assistance during the development and maintenance of their DM plans, and to ensure all recipients have effective DM plans capable of integrating with federal, NGOs, private sector, and state, local, tribal, and territorial stakeholders during major disasters. Recipients should refer to the following for additional guidance:
• Information Bulletin (IB) 442, Guidance on Distribution Management Plans for the Fiscal Year 2019 Emergency Management Performance Grants Program; and • Distribution Management Plan Guidance found at: Planning Guides | FEMA.gov Additional Logistics Planning Resources
FEMA recommends that EMPG Program recipients use the following resources in developing their DM plan. To learn more about these programs and documents, or for any questions, please contact the Logistics Section Chief from your FEMA Region.
• The Logistics Capability Assessment Tool 2 (LCAT2) Flyer: The LCAT2 Flyer provides an overview of the LCAT2, how it is beneficial, how the LCAT process works, and how to obtain an LCAT2.
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• Points of Distribution (PODs) Training: FEMA Logistics developed a comprehensive POD training to assist states in developing actionable emergency distribution plans and understanding associated challenges. Additional information, including an explanatory DVD, POD guide, and online exam, are available on the Emergency Management Institute’s (EMI) website at FEMA - Emergency Management Institute (EMI) Course | IS-26: Guide to Points of Distribution. • Interagency Logistics (IL) Training: This basic IL training course (Interagency Logistics Training, E8540) familiarizes participants with the IL concepts of planning and response. The course also provides an overview of IL Partner disaster response organizations, discusses parameters for logistics support coordination, and creates a whole community forum to exchange the best logistics practices. Recipients may find more information on this and other courses by visiting the EMI website Emergency Management Institute | EMI Courses & Schedules (fema.gov). • Other Logistics Planning Resources: Recipients will find additional planning guidance at:

Planning Guides | FEMA.gov. Specific to logistics planning, Comprehensive Preparedness Guide (CPG) 101, Version 2.0 provides guidance on how to incorporate logistics into EOPs. Additionally, the Supply Chain Resilience Guide provides emergency managers with recommendations and best practices on how to analyze local supply chains and work with the private sector to enhance supply chain resilience using a five-phased approach.

Funding for Critical Emergency Supplies
Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under the EMPG Program. Each state must have FEMA’s approval of a five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The inventory management five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000.

Reporting
Annual DM plan reviews will be reported in the Performance Progress Report (PPR) for the quarter ending September 30 of the most recently awarded EMPG Program. Reviews that result in an update must be submitted to the Regional Grants Division Director or Regional EMPG Program Manager for review by regional logistics staff. The Regional Logistics Staff will review and rate the plans using the latest FEMA Distribution Management Plan Guide 2.0.

Evacuation Planning
EMPG Program recipients should review and update their EOP in accordance with Comprehensive Preparedness Guide (CPG) 101 v3, Developing and Maintaining Emergency Operations Plans. Recipients are highly encouraged to include an evacuation plan or annex as part of their EOP as well as plans to exercise and validate the evacuation plan and capabilities. At a minimum, recipients should incorporate the National Response Framework’s Mass Evacuation Incident Annex’s planning considerations, and other FEMA documents related to evacuation planning, when developing their own Evacuation Plan or Annex.

See National Response Framework (NRF), Third Edition (June 2016) and NRF Mass Evacuation Incident Annex (June 2008). Additional National Preparedness resources are available at: National Preparedness and Planning Guides. Specific to evacuation planning, the Evacuation and Shelter in Place Guidance identifies relevant concepts, considerations, and principles that can inform jurisdictions in planning for evacuation and/or shelter-in-place protective actions.
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Disaster Housing Planning
State-Led Disaster Housing Task Force
Based on lessons learned from recent disasters, FEMA strongly encourages EMPG Program recipients to establish a State-Led Disaster Housing Task Force (SLDHTF) plan as part of their EOP or as a standalone document and update their plan at least once every two years.

SLDHTFs lead and coordinate state, local, private sector, and community-based actions to assess housing impacts, identify appropriate post-disaster housing options, and establish processes for expediting post- disaster housing delivery. SLDHTF plans should clearly identify the roles, responsibilities, composition, and mobilization procedures for the SLDHTF, and how the SLDHTF integrates into the incident command structure. To have a successful SLDHTF plan, FEMA encourages recipients to:
• Complete the State Housing Strategy Template; and
• Establish a State Disaster Recovery Coordinator.

State Housing Strategy Template
EMPG Program recipients are strongly encouraged to update their State Housing Strategy using the State Housing Strategy Template as part of their EOP or as a standalone document. In addition to the State Housing Strategy Template, recipients are encouraged to define and emphasize sheltering, short term, and permanent housing planning.

The State Housing Strategy Template helps states identify priorities and document critical, jurisdiction- specific processes and procedures to promote an efficient disaster housing mission. The template walks recipients through the following planning considerations as seen in the table below. See the State- Administered Direct Housing Grant Guide, July 2020 for the template and other supporting information.

State Housing Template Sections and Planning Considerations Template Section Planning Considerations
SLDHTF Plan
Organization
Participant inclusion, approaches for various types of housing disasters, available materials, available assistance programs, and sources for surge staffing Housing
Background
Identifying a jurisdiction’s current housing situation, priorities, capabilities, challenges, and known risks
Sheltering Phase
Strategy
Identifying planning leads, current resources, timeline, key partners, cross- jurisdictional agreements, and other risks
Interim Housing
Strategy
Identifying planning leads, current resources and capabilities, known areas of difficulty, key partners, relocation strategies, and risks Permanent
Housing Strategy
Identifying planning leads, long-term housing needs and prioritizations, current resources and capabilities, known areas of implementation challenges, relocation strategies, and risks
Pre-Disaster
Activities
Creating communication plans, survivor transition plans, mitigation plans, and program closeout goals
Post-Disaster
Activities
Prioritizing disaster housing recovery activities, creating timelines for project completion, documenting planned actions for assessing the availability of affordable housing resources and expediting the delivery of housing by expediting permitting and waiver processes, establishing an information sharing method, creating an Environmental Planning and Historic Preservation (EHP) strategy, 518

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Template Section Planning Considerations
identifying potential locations for Manufactured Housing Units and Recreational Vehicles, and identifying available federal disaster housing assistance State-Administered Direct Housing Implementation
FEMA encourages states to develop the capacity to administer FEMA Direct Housing Assistance through a reimbursable Inter-Governmental Service Agreement (IGSA). Under this arrangement, FEMA determines disaster survivors’ eligibility for specific direct housing options and makes all determinations regarding continuing eligibility, appeals, and eligibility terminations. FEMA also monitors the state’s administration of approved Direct Housing Options to ensure compliance with federal environmental, historic preservation, and floodplain management requirements as well as program conditions specified within the IGSA. States that choose to administer Direct Housing Assistance through an IGSA are required to develop a Direct Housing Administrative Plan and are encouraged to establish pre-placed contract to support the delivery of direct housing. Any contracts for this work would need to comply with the federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. For more information, regarding Direct Housing Assistance, please visit Chapter 5 of the Individuals and Households Program Unified Guidance and Chapter 3 of the Individual Assistance Program and Policy Guide (IAPPG).

Disaster Housing Exercises
Recipients are encouraged to exercise and validate their long-term sheltering and housing stabilization plans as part of an existing exercise program. This includes:
• Validating the organizational structure of the Housing Task Force and internal readiness capabilities to address post-disaster housing recovery issues or administer FEMA Direct Housing Assistance under an IGSA
• Validating disaster housing communication plans and procedures that coordinate and integrate the activities and information generated by internal/external partners • Validating data systems, security, and exchange protocols • Validating planned actions and milestones transitioning from emergency sheltering to temporary housing to permanent housing and long-term recovery
Additional Disaster Housing Planning Resources
Recipients are encouraged to review the planning guidance available at Planning Guides. The Planning Guides page includes: Planning Considerations: Disaster Housing Guidance for State, Local, Tribal and Territorial Partners (May 2020), which supplements Comprehensive Preparedness Guide (CPG) 101:

Developing and Maintaining Emergency Operations Plans. It provides guidance on national housing priorities, types of housing, key considerations and housing-specific planning recommendations for state, local, tribal and territorial (SLTT) jurisdictions to use, in conjunction with the Six-Step Planning Process described in CPG 101, to develop or improve disaster housing plans.

State Disaster Recovery Coordinator
The Pre-Disaster Recovery Planning Guide helps states prepare for recovery by developing pre-disaster recovery plans that follow a process to engage members of the whole community, develop recovery capabilities, and create an organizational framework for recovery efforts.

FEMA strongly recommends that EMPG Program recipients include pre-disaster recovery planning as part of their State Readiness and Preparedness efforts by establishing a State Disaster Recovery Coordinator (SDRC). An effective pre-disaster recovery plan and process is crucial to help recipients prepare for major disaster incidents and recover effectively. Recipients are encouraged to use the Pre-Disaster Recovery 519

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Planning Guide to help inform their identification and establishment of a SDRC. The SDRC position should be included in the State Administrative Plan with the following responsibilities:
• Development of the pre-disaster recovery plan, including state-level leadership and structure, formation of communication channels, multi-agency coordination, and building whole-community partnerships to support recovery efforts.
• Set the stage for necessary strategic, operational, and tactical post-disaster planning, actions, and processes.
• Maximize impact of federal, private sector, and nongovernmental dollars to enable recovery and resilience.
• Accelerate the delivery of resources, including funding and technical assistance, to disaster- impacted communities.
• Enable state leadership to better organize and identify gaps in the state’s recovery capabilities.

Disaster Financial Management Policies and Procedures
Lessons learned from recent hurricane seasons and wildfires demonstrate the need for impacted jurisdictions to improve their ability to immediately track and account for disaster costs. Disaster financial management includes policies and procedures that work to recover expenses pertaining to damage, emergency protective measures, and debris management during and after a disaster. These policies and procedures include, but are not limited to, those supporting eligible contract costs and force account labor, materials, and equipment.

State Administrative Plan
FEMA strongly recommends that EMPG Program recipients include disaster financial management planning as part of their State Administrative Plan. An effective disaster financial management plan and process is crucial to help recipients prepare for declarations of emergencies or major disasters and plan for reimbursement. The table below details the processes that should be included in the State Administrative Plan and recommendations on where they should be placed.

State Administrative Plan Guidance
State Administrative Plan
Section Recommendations Processes
• Section V Part D: Project
Funding and Reimbursement
• Section V Part G: Records
and Reports
• A process to ensure subrecipients are tracking and
documenting disaster costs necessary for federal
reimbursement, such as receipts, invoices, procurement
documents, contracts, and insurance coverage/claims
• Section V Part D: Project
Funding and Reimbursement
• Section V Part G: Records
and Reports
• A process to document disaster cost operations such as labor, equipment, and materials that are allowable under federal requirements
• Section V Part D: Project
Funding and Reimbursement
• A process to ensure that subrecipients are not receiving a duplication in benefits
• Section IV Part B:

Organization and Staffing
• A process to ensure pre-disaster contracts and procurement strategies are in place, if necessary
Additionally, recipients are encouraged to use EMPG Program funds for training that develops, delivers, and exercises disaster financial management procedures. 520

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Disaster Financial Management Resources
Recipients are encouraged to use the following resources to inform their disaster financial management planning efforts:
• State Administrative Plan Template: Recipients are recommended to use the State Administrative Plan template found on FEMA’s Public Assistance webpage to inform their planning efforts. The template includes example structure and content as a model for states to create own Administrative Plan.
• Public Assistance Program and Policy Guide: The Public Assistance Program and Policy Guide (PAPPG) combines all Public Assistance policy into a single volume and provides an overview of the PA program implementation process.
• Public Assistance Frequently Asked Questions and Guidance: Recipients are encouraged to view the Public Assistance Frequently Asked Questions and guidance found on the Public Assistance webpage to assist with disaster financial management planning efforts. The webpage provides information pertaining to documentation, Public Assistance grant funding eligibility, and hazard mitigation and can be found at Public Assistance Fact Sheets, Job Aids, and FAQs. • Office of Inspector General (OIG) Audit Tips: Recipients are recommended to consult the DHS OIG report, Audit Tips for Managing Disaster-Related Project Costs (OIG-17-120-D) for further assistance in documenting and accounting for disaster-related costs. This report is informed by OIG audit findings and can assist recipients in addressing issues that are frequent findings in disaster- related audits.
• Disaster Financial Management Guide: The Disaster Financial Management Guide provides guidance for state, local, tribal, and territorial partners on establishing and implementing sound disaster financial management practices.
• Procurement Disaster Assistance Team (PDAT): The PDAT provides training and other resources to assist grant recipients in their efforts to comply with federal procurement standards. See Contracting with Federal Funds for Goods and Services Before, During and After Disasters | FEMA.gov for additional information.

Training and Exercises
Integrated Preparedness Plan (IPP)
Recipients are expected to engage senior leaders and other whole community stakeholders to identify preparedness priorities specific to training and exercise needs, which will guide development of a state/territory multi-year IPP. Similar to the EMPG Program Work Plan development process, these priorities should be informed by various factors, including jurisdiction-specific threats and hazards (i.e., the THIRA); areas for improvement identified by real-world events and exercises (i.e., AARs); external requirements such as stakeholder preparedness reviews (i.e., SPRs), homeland security policy, and industry reports; and accreditation standards, regulations, or legislative requirements. Recipients must document these priorities, in conjunction with the Work Plan development process, and use them to deploy a schedule of preparedness events and activities in the IPP. Information related to IPPs and Integrated Preparedness Planning Workshops (IPPWs) can be found on the HSEEP website at Homeland Security Exercise and Evaluation Program and FEMA Preparedness Toolkit.

Recipients should ensure that their EMPG Program Work Plans and IPPs align with and are complementary to one another and are used in tandem to support shared priorities for building and sustaining the state/territory’s preparedness capabilities. Recipients should include planning, training, and exercise projects in their EMPG Program Work Plan that support priorities included in their IPP. The current multi- year IPP must be submitted to [email protected] and the Regional EMPG Program Manager before January 31 of each year.
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This will help ensure that priorities for both the IPP and EMPG Program Work Plan are based on building capability and/or closing capability gaps documented in their THIRA/SPR and other relevant sources of information. For example, if a recipient included Logistics and Distribution Management, Resilient Communications, and Housing as priorities for its IPP, those should also be priorities in its EMPG Program Work Plan. Additionally, IPPs should include all planning, training, and exercise activities funded by the EMPG Program as well as activities funded by other sources. This inclusion will ensure that recipients’ preparedness projects, investments, and activities are concentrated, focused, and oriented towards closing gaps related to their top priorities, regardless of funding source.

Validating Capabilities through Exercises
All recipients are required to develop and maintain a progressive exercise program consistent with HSEEP guidance in support of the National Exercise Program (NEP). The NEP serves as the principal exercise mechanism for examining national preparedness and measuring readiness. The NEP is a two-year cycle of exercises across the nation that validates capabilities in all preparedness mission areas. The two-year NEP cycle is guided by Principals’ Strategic Priorities, established by the National Security Council and informed by preparedness data from jurisdictions across the Nation.

The NEP provides exercise sponsors the opportunity to receive exercise design and delivery assistance, tools and resources, enhanced coordination, and the ability to directly influence and inform policy and preparedness programs. If you have any questions or would like to request assistance through the NEP, please visit the NEP website or reach out to the NEP directly at [email protected].

The exercises and priorities outlined in the IPP and all EMPG Program-funded exercises must be included in the FY 2023 EMPG Program Work Plan. To avoid duplicate reporting, applicants/recipients are not required to report EMPG Program-funded personnel costs associated with exercises in the FY 2023 EMPG Work Plan. See the EMPG Program Work Plan section for additional guidance.

Reporting
• All EMPG Program-funded exercise activities must be captured in the approved EMPG Program Work Plan.
• EMPG Program-funded exercise costs in the Work Plan can include costs to plan, conduct and evaluate the exercise (e.g., planning, materials, props, contractual services for conducting the exercise, AAR and Improvement Plan [IP], etc.).
• All EMPG Program-funded exercise activities must be reported quarterly. To simplify reporting, it is recommended that recipients submit an updated Exercise Data Table from the FY 2023 EMPG Program Work Plan Template as an attachment to the quarterly PPR. For those recipients who choose not to use the FY 2023 EMPG Program Work Plan Template, the data and information found in the Exercise Data Table must still be submitted (in any chosen format) as an attachment to the PPR.
• EMPG Program-funded personnel costs associated with exercises are not required in the FY 2023 EMPG Program Work Plan Template for application or reporting purposes. • Recipients must have a current multi-year IPP that identifies preparedness priorities and activities.

The current multi-year IPP must be submitted to [email protected] and the Regional EMPG Program Manager before January 31st of each year.
• Recipients are encouraged to enter their exercise information into the Preparedness Toolkit at FEMA Preparedness Toolkit.
• Recipients must submit AAR/IPs to [email protected] and copy their Regional EMPG Program Manager and indicate which fiscal year’s funds were used (if applicable). • Submission of AAR/IPs must take place within 90 days following completion of the single exercise or progressive series.
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o Recipients are encouraged to submit AAR/IPs reflecting tabletop exercises that validate critical plans or those reflecting large-scale functional or full-scale exercises that took place at the state, territorial, tribal, or regional level. Recipients are discouraged from submitting AAR/IPs specific to local jurisdictions that reflect drills. o If a state, territory, or local jurisdiction has experienced a major disaster and they would like to request exemptions for a scheduled exercise, the recipient should send this request to its assigned Regional EMPG Program Manager through the quarterly PPR. Exemptions will be reviewed by the Region on a case-by-case basis. o Recipients can access a sample AAR/IP template at Preparedness Toolkit Improvement Planning Templates.

Training
Similar to the exercise guidance above, training activities should align to a current, multi-year IPP developed through an annual IPPW and build from training gaps identified in the THIRA/SPR and work plan development process. Further guidance concerning the IPP and the IPPW can be found at HSEEP Resources - Preparedness Toolkit.

Through the National Preparedness Directorate’s training and education enterprise, consisting of the Center for Domestic Preparedness (CDP), the Emergency Management Institute (EMI), and the National Training and Education Division’s partnerships with the National Domestic Preparedness Consortium, Rural Domestic Preparedness Consortium, Continuing Training Grants partners, and the Center for Homeland Defense and Security, FEMA develops and delivers training and education programs to increase capabilities, reduce risk, and build resilient communities. Over 700 tuition-free courses are offered to members of state, local, tribal, and territorial communities. By accessing the National Preparedness Course catalog, users will find all courses to include EMI training and includes links to the basic, advanced, and executive emergency management academies.

FEMA’s National Preparedness Course Catalog
This online searchable catalog features a compilation of courses managed by the three primary FEMA training organizations: the Center for Domestic Preparedness, EMI, and NTED. The catalog features a wide range of course topics in multiple delivery modes for federal, state, local, territorial, and tribal audiences.

The catalog is located at First Responder Training and Education Division.

Training should foster the development of a community-oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience, all of which is included in the curriculum of the EMI Basic Academy. The EMI Basic Academy provides a foundational education in emergency management as a way for emergency managers to begin or advance their career. The goal of the Basic Academy is to support the early careers of emergency managers through a training experience combining knowledge of all fundamental systems, concepts, and practices of cutting-edge emergency management.

EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses.

Recipients are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. NIMS is also included in the curriculum of the EMI Basic Academy. The NIMS Training Program can be found at NIMS Implementation and Training.

All EMPG Program-funded personnel are expected to be trained emergency managers (see NQS Implementation section). All EMPG Program-funded personnel must complete either the Independent Study courses identified in the Professional Development Series or the National Emergency Management Basic Academy delivered either by EMI or at a sponsored state, local, tribal, territorial, regional, or other 523

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designated location. Further information on the National Emergency Management Basic Academy and the Emergency Management Professional Program can be found at: EMI EMPP. A complete list of Independent Study Program Courses may be found at EMI Independent Study.

In addition to training activities aligned to and addressed in the IPP, all EMPG Program-funded personnel (including full- and part-time SLTT recipients and subrecipients) must complete the following training requirements and record proof of completion:
1) NIMS Training, Independent Study (IS)-100 (any version), IS-200 (any version), IS-700 (any version), and IS-800 (any version)4, and;
2) Professional Development Series (PDS) or the Emergency Management Professionals Program (EMPP) Basic Academy courses listed in the chart below.

PDS
Professional Development Series OR Basic Academy
Basic Academy Pre-requisites and Courses
IS-120.a: An Introduction to Exercises IS-100 (any version): Introduction to the Incident Command System
IS-230.d: Fundamentals of Emergency
Management IS-700 (any version): National Incident
Management System (NIMS)-An Introduction
IS-235.b: Emergency Planning IS-800 (any version): National Response Framework, An Introduction
IS-240.b: Leadership and Influence IS-230.d: Fundamentals of Emergency Management
IS-241.b: Decision Making and
Problem Solving E/L101: Foundations of Emergency
Management
IS-242.b: Effective Communication E/L102: Science of Disasters IS-244.b: Developing and Managing
Volunteers E/L103: Planning Emergency Operations
IS-244.b: Developing and Managing
Volunteers E/L104: Exercise Design
IS-244.b: Developing and Managing
Volunteers E/L105: Public Information & Warning
The EMI Basic Academy provides this foundational Emergency Management education. To ensure the professional development of the emergency management workforce, the recipients must ensure a routine capabilities assessment is accomplished and an IPP is developed and implemented.

Additional Training Information
Per FEMA Grant Programs Directorate Information Bulletin 432, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on July 19, 2018, states, territories, tribal entities, and high-risk urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, tribal, or high-risk urban area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction’s EOP.

4 NIMS training courses IS-100, IS-200, IS-700, and IS-800 only need to be taken once to fulfill requirements. Also, previous versions of the IS courses are still considered as meeting the NIMS training requirement. 524

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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, recipients will be asked to repay grant funds expended in support of those efforts.

For further information on developing courses using the instructional design methodology and tools that can facilitate the process, State Administrative Agencies (SAAs), and TPOCs are encouraged to review the National Training and Education Division Training Resource and Development Center website at FRTS- TRDC Home.

Reporting
• All EMPG Program-funded training activities must be captured in the approved EMPG Program Work Plan and should be included in the IPP. This includes training for which the only expenses are for overtime and/or backfill costs associated with emergency management personnel attending the training.
• All EMPG Program-funded training activities must be reported quarterly. To simplify reporting, it is recommended the recipient submit an updated Training Data Table from the FY 2023 EMPG Program Work Plan Template as an attachment to the quarterly PPR. For those recipients who choose not to use the FY 2023 EMPG Program Work Plan Template, the data and information found in the Training Data Table must still be submitted (in any chosen format) as an attachment to the PPR.
• Recipients must report their NIMS implementation status of their jurisdiction and sub-jurisdictions, including the training of personnel, in the applicable secondary NIMS assessment portion of the URT as part of their THIRA/SPR submission.
• Recipients must maintain proof of completion of training requirements. Recipients are encouraged to use the OneResponder system to enter, track, and report training. • Training Information Reporting System (“Web Forms”): Web Forms is an electronic data management system built to assist SAA TPOCs and federal agencies to submit non-NTED training courses for inclusion in the State/Federal-Sponsored Course Catalog. The information collected is used in a two-step review process to ensure that the training programs adhere to the EMPG Program’s intent, and the course content is sound and current. While reporting training activities through Web Forms is not required under the EMPG Program, the system remains available and can be accessed through the Web-Forms section of the FEMA National Preparedness Course Catalog to support recipients in their own tracking of training deliveries.

Reviewing and Updating Planning Products
Based on the applicant’s current THIRA/SPR, capability levels, and resources, plans should be reviewed on an annual basis to determine if they remain relevant or need to be updated. This review should be based on a current THIRA/SPR and utilize information gathered during the capability validation process. These reviews will provide a means to determine priorities, direct preparedness actions, and calibrate goals and objectives.

Additional Considerations
Strengthening Governance Integration
FEMA preparedness grant programs are intended to support the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery that are necessary to prepare for incidents that pose the greatest risk to the Nation’s security. Each program reflects the Department’s intent to build and sustain an integrated network of national capabilities across all levels of government and the 525

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whole community. Disparate governance structures must be integrated and refined to ensure resources are targeted to support the most critical needs of a community based on risk-driven, capabilities-based planning. Strong and inclusive governance systems better ensure that disparate funding streams are coordinated and applied for maximum impact.

FEMA requires that all governance processes that guide the allocation of preparedness grant funds adhere to the following guiding principles:
• Coordination of Investments: Resources must be allocated to address the most critical capability needs as identified in the SPR and coordinated among affected preparedness stakeholders, including appropriate representatives of at-risk, underserved communities. • Transparency: Stakeholders must be provided visibility on how preparedness grant funds are allocated and distributed, and for what purpose.
• Substantive Local Involvement: The tools and processes that are used to inform the critical priorities, which FEMA grants support, must include local government representatives. At the state and regional levels, local risk assessments must be included in the overarching analysis to ensure that all threats and hazards are accounted for. Primary focus should be on the needs of socially vulnerable, underserved populations and ensuring equity for those most at risk relative to disaster preparedness, response, and recovery.
• Accountability: FEMA recognizes that unique preparedness gaps exist at the local level. Grant recipients are responsible for ensuring the effective use of funds to address those gaps and for maintaining and sustaining existing capabilities, particularly when it comes to serving the needs of at-risk, underserved communities.
• Support of Regional Coordination: Inter/intra-state partnerships and dependencies at the state and regional levels, including those within metropolitan areas, must be recognized.

Program Performance Reporting Requirements
Performance Progress Reports (PPR)
Recipients are responsible for providing performance reports to FEMA on a quarterly basis. As explained in the Standardized Programmatic Reporting section below, the quarterly PPRs must be based on the approved EMPG Program Work Plan and are due no later than 30 days after the end of the quarter.

Although not mandatory, recipients are encouraged to use the updated FY 2023 EMPG Program Work Plan Template – specifically the Implementation Schedule, Training Data Table, and Exercise Data Table – to report on the status of planned project activities, any risks that may affect project progress or success, and updates to project schedules. The PPR (in the form of an updated Work Plan) shall be submitted in ND Grants. See EMPG Program Work Plan section for additional guidance.

Programmatic Reporting Periods and Due Dates
The following reporting periods and due dates apply for the PPR:

Reporting Period Report Due Date
October 1 – December 31 January 30
January 1 – March 31 April 30
April 1 – June 30 July 30
July 1 – September 30 October 30
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Standardized Programmatic Reporting for the EMPG Program The FY 2023 EMPG Program Work Plan Template has been modified to standardize data collection, which enables improved analysis and reporting. The EMPG Program Work Plan includes ten components:
1) Grant Investment Strategy
2) Grant Activities Outline
3) Detailed Budget – Excluding Management and Administrative (M&A) 4) Budget Narrative – Excluding M&A
5) Detailed Budget – M&A Only
6) Budget Narrative – M&A Only
7) EMPG Program Summary
8) Implementation Schedule
9) Training Data Table
10) Exercise Data Table
Although use of the FY 2023 EMPG Program Work Plan Template is not mandatory (see EMPG Program Work Plan section), baseline data on personnel, training, and exercises, as well as the information included on the Grant Activities Outline and Implementation Schedule, must be provided in the EMPG Program Work Plan at the time of application regardless of the chosen work plan format.

The status of all EMPG Program-funded plans, training, and exercise activities must be reported quarterly as part of the PPR. To facilitate reporting, recipients are encouraged to submit an updated Implementation Schedule, Training Data Table, and Exercise Data Table from the FY 2023 EMPG Program Work Plan Template as an attachment to the quarterly PPR. Recipients who choose not to use the FY 2023 EMPG Program Work Plan Template must still provide the updated data and information included in the Implementation Schedule, Training Data Table, and Exercise Data Table, but may use a different format for reporting that information in their PPR submission.
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EMPG Program Funding Guidelines
Allowable Costs
Management and Administration (M&A)
M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management, reporting, and program and financial monitoring. Some examples of M&A costs include grants management training for M&A staff, equipment and supplies for M&A staff to administer the EMPG Program grant, travel costs for M&A staff to attend conferences or training related to the EMPG Program, travel costs for the M&A staff to conduct subrecipient monitoring, contractual services to support the M&A staff with M&A activities, and auditing costs related to the grant award to the extent required or permitted by statute or 2 C.F.R. Part 200. Characteristics of M&A expenses can include the following: 1) direct costs that are incurred to administer a particular Federal award; 2) identifiable and unique to each Federal award; 3) charged based on the activity performed for that particular Federal award; and 4) not duplicative of the same costs that are included in the approved Indirect Cost Rate Agreement, if applicable. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local Emergency Management Agency (EMA) chooses to assign personnel to specific M&A activities. In this case, personnel and fringe benefits for M&A is allowable.

If the SAA is not the EMA, the SAA is not eligible to retain funds for M&A. M&A costs are allowable for both state and local-level EMAs. The state EMA may use up to 5% of the EMPG Program award for M&A purposes. In addition, local EMAs may retain and use up to 5% of the amount received from the state for local M&A purposes.

Indirect Costs
Indirect costs are allowable under this program. See the “Procedures for Establishing Indirect Cost Rates” Section in “Pre-Submission Information” for more information.

Unrecovered Indirect Costs
In accordance with 2 C.F.R. § 200.306(c) “[u]nrecovered indirect costs, including indirect costs on cost sharing or matching may be included as part of cost sharing or matching only with the prior approval of the Federal awarding agency. Unrecovered indirect cost means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the non- Federal entity’s approved negotiated indirect cost rate.” Therefore, unrecovered indirect costs may be applied to meet cost share requirements of the EMPG Program grant with the approval of the Regional Grants Division. To meet the cost sharing requirements, the recipient’s indirect costs contributions must be verifiable, reasonable, allocable, necessary, and otherwise allowable under the grant program, and in compliance with all applicable Federal requirements and regulations.

Whole Community Preparedness
EMPG Program recipients should engage with the whole community to advance community and individual preparedness and to work as a nation to build and sustain resilience. Recipients should consider the three goals of the 2022-2026 FEMA Strategic Plan in their program design and delivery. Recipients should integrate program design and delivery practices that ensure representation and services for under- represented diverse populations that may be more impacted by disasters including children, seniors, 528

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individuals with disabilities or other access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations.

Individual preparedness should be coordinated by an integrated body of government and nongovernmental representatives as well, including but not limited to, elected officials, the private sector (especially privately owned critical infrastructure), private nonprofits, nongovernmental organizations (including faith-based, community-based, and voluntary organizations), advocacy groups for under-represented diverse populations that may be more impacted by disasters including children, seniors, individuals with disabilities or other access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations. By engaging these stakeholders, EMPG Program recipients can help FEMA develop and promote a suite of well-targeted solutions for individuals and communities to adopt. Recipients should coordinate preparedness initiatives with FEMA and whole community partners to efficiently apply federal funding to reach the goal of individual and community resilience.

The following preparedness programs are allowable expenses and resources:
• Community Emergency Response Team (CERT) programs, which educate volunteers about disaster preparedness for the hazards that may impact their area and train them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT offers a consistent, nationwide approach to volunteer training and organization that professional responders can rely on during disaster situations, allowing them to focus on more complex tasks.
• Financial Preparedness Activities that encourage and assist Americans in preparing for the true cost of disasters. Allowable activities include encouraging emergency savings, promoting home and renter’s insurance, and promoting flood insurance for individuals and families. Partnerships with local financial wellness organizations such as credit unions, financial counselors, community banks, and others that reach a variety of audiences are encouraged. • Preparedness of Community-Based Organizations that serve as a critical safety net for Americans disproportionately impacted by disasters. Examples of community-based organizations include but are not limited to food banks, food pantries, homeless shelters, school readiness and after school centers, adult day care centers, job training centers, legal assistance centers, and cultural centers. Allowable activities include Whole Community exercises, trainings, and activities focused on staff preparedness, information sharing with clients and government, and continuity of essential functions in the event of an emergency.
• Youth Preparedness Resources are available on Ready Kids. Bolstering youth preparedness across the nation is a priority for FEMA as the Agency works with state, local, tribal, and territorial partners to create a culture of preparedness in the United States. Information on youth-centric educational curricula, games, planning materials, and other relevant resources can be found at Ready Kids. Furthermore, FEMA’s Individual and Community Preparedness Division and regional- based Community Preparedness Officers are available to provide grant recipients with guidance and assistance. Please email [email protected] to contact one of the Agency’s subject matter experts.

The following are examples of youth preparedness activities that recipients are encouraged to undertake as allowable costs:
o Reach out to a local school board or elementary school to encourage the adoption of the Student Tools for Emergency Planning (STEP) curriculum. STEP is a classroom-based emergency preparedness curriculum for 4th- and 5th-graders in an easy, ready-to-teach format. Students will learn about disasters, emergencies, and hazards, and how to create a 529

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disaster supply kit and family emergency communication plan. An overview of the STEP program along with the instructor guide and student activity book is available at Ready STEP.
o Sponsor the creation of a Teen for Community Emergency Response Team (CERT) in your jurisdiction. The CERT Program is a national program of volunteers trained in disaster preparedness and emergency response. Volunteers come from all ages and all walks of life, including teenagers. Additional information, including a step-by-step guide on how to start a Teen CERT, is available at Ready Teen CERT.

The following tools are available to order from FEMA’s warehouse free of charge:
o “Prepare with Pedro” is a joint product of FEMA and the American Red Cross. The “Prepare with Pedro: Disaster Preparedness Activity Book” is designed to teach young children and their families about how to stay safe during disasters and emergencies. The book follows Pedro around the United States and offers safety advice through crosswords, coloring pages, matching games, and more. Additional information, including an ordering form, is available at Ready - Prepare with Pedro.
o The Ready 2 Help card game is a fun way for kids to learn how to respond to emergencies by working with friends and using skills that will help in a real emergency. Ready 2 Help teaches five simple steps to stay safe and make a difference until help arrives:
• Stay Safe
• Stay Calm
• Get Help
• Give Info
• Give Care
Ready 2 Help is designed for children ages 8 and up. Additional information, including an ordering form, is available at Ready 2 Help.

Planning
Planning spans all five mission areas of the Goal and provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include:

Emergency Operations Plan
• Maintaining a current EOP that is aligned with guidelines set out in Comprehensive Preparedness Guide (CPG) 101: Developing and Maintaining Emergency Operations Plans • Modifying existing incident management and emergency operations plans • Developing/enhancing large-scale and catastrophic event incident plans Communications Plans
• Developing and updating Statewide Communication Interoperability Plans • Developing and updating Tactical Interoperability Communications Plans Administrative Plans
• Developing/enhancing financial and administrative procedures for use before, during, and after disaster events in support of a comprehensive emergency management program Whole Community Engagement/Planning
• Developing or enhancing mutual aid agreements/compacts, including required membership in EMAC
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• Developing/enhancing emergency operations plans to integrate citizen/volunteer and other Non- Governmental Organization (NGO) resources and participation • Integrating program design and delivery practices that ensure representation and services for under- represented, diverse populations that may be more impacted by disasters, including children, seniors, individuals with disabilities or other access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity, and other underserved populations.

Resource Management Planning
• Developing/enhancing logistics and resource management plans • Developing/enhancing volunteer and/or donations management plans Shelter and Evacuation Planning
• Developing/enhancing sheltering and evacuation plans, including plans for alerts/warning, crisis communications, pre-positioning of equipment for areas potentially impacted by mass evacuations, and re-entry
Recovery Planning
• Disaster housing planning, such as creating/supporting a state disaster housing task force and developing/enhancing state disaster housing plans
• Pre-event response, recovery, and mitigation plans in coordination with state, local, and tribal governments
• Developing/enhancing other response and recovery plans Developing recovery plans and preparedness programs consistent with the principles and guidance in the National Disaster Recovery Framework (NDRF) that will provide the foundation for recovery programs and whole community partnerships. Preparedness and pre-disaster planning were given special attention within the NDRF with specific guidance: Planning for a Successful Disaster Recovery (pages 63-70). For more information on the NDRF see National Disaster Recovery Framework.

Continuity Planning
Continuity planning and operations are an inherent element of each core capability. Continuity operations increase resilience and the probability that organizations can perform essential functions. FEMA develops and promulgates Federal Continuity Directives (FCDs) to establish continuity program and planning requirements for executive departments and agencies and Continuity Guidance Circulars (CGCs) for SLTT governments, non-governmental organizations, and private sector critical infrastructure owners and operators. This direction and guidance assist in developing capabilities for continuing the essential functions of federal, state, local, tribal, territorial governmental entities as well as the public/private critical infrastructure owners, operators, and regulators enabling them.

Presidential Policy 40, FCD 1, FCD 2, CGC 1, and CGC 2 outline the overarching continuity requirements and guidance for organizations and provide guidance, methodology, and checklists. For additional information on continuity programs, guidance, directives, and available technical assistance, visit Continuity Resources and Technical Assistance and the Office of National Continuity Programs.

Allowable continuity planning activities include the development of the following:
• Continuity of operations and Continuity of Government planning products for the continuance of essential functions and associated leadership;
• Risk-based needs assessments based on the THIRA to inform risk mitigation efforts to ensure the continuity of essential functions and associated leadership; and 531
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• Public and private sector outreach and messaging regarding continuity resilience benefits and strategies.

Organization
Per the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as amended, (42 U.S.C. §§ 5121-5207), EMPG Program funds may be used for all-hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management, including hazard mitigation staffing of the State Hazard Mitigation Officer position; staffing CERT and Citizen Corps positions at the state and local levels to promote whole community engagement in all phases of emergency management; performing closeout activities on FEMA disaster assistance grants; staffing permanent technical advisors on children’s needs at the state, local, tribal, and territorial levels; and supporting fusion center analysts who are directly involved in all-hazards preparedness activities as defined by the Stafford Act. Proposed staffing activities should be linked to accomplishing the activities outlined in the EMPG Program Work Plan. Recipients are encouraged to fund at least one dedicated Planner, Training Officer, and Exercise Officer. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable EMPG Program costs and must comply with 2 C.F.R. Part 200, Subpart E – Cost Principles.

Federal (and Mutual Aid) Emergency Response Official (F/ERO) Credentialing and Validation The following costs related to F/ERO credentialing and validation are allowable under the EMPG Program:
• Working group meetings and conferences relating to emergency responder credentialing and validation;
• Compiling data to enter into an emergency responder repository; • Coordinating with other state, local, territorial, and tribal partners to ensure interoperability among existing and planned credentialing and validation systems and equipment; and • Planning to incorporate emergency responder identity and credential validation into training and exercises.

Organizational Clothing Costs for Emergency Management Personnel There may be a need for emergency management personnel to wear clothing that clearly identifies their agency, organizational function, and responsibilities when carrying out their official emergency-related duties. EMPG funding may be used to purchase organizational clothing for full-time emergency management personnel who may be deployed for emergency operations, including when:
• The Emergency Operations Center (EOC) is activated;
• Emergency management personnel are deployed in the field to conduct damage assessments and response and recovery operations;
• Assisting in and delivering official emergency management training and exercises, and; • Providing public information briefs and interviews on behalf of their emergency management agency.

The state or territory emergency management agency should maintain an inventory of such clothing and uniforms to allow for issuance to other personnel who may be deployed for emergency operations.

In addition:
• EMPG funding may not be used to purchase clothing that would be used for everyday wear by emergency management employees or other personnel.
• Clothing, uniforms, undergarments, jackets, vests, etc. are also allowable for CERT members as listed on the Authorized Equipment List (AEL): 21GN-00-CCEQ | FEMA.gov. 532

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For a complete list of other eligible clothing and protective gear allowable for purchase with EMPG funding, applicants, recipients and FEMA staff are encouraged to refer to the AEL website for the most up- to-date information: Authorized Equipment List | FEMA.gov.

Equipment
Allowable equipment categories for the EMPG Program are listed in the Authorized Equipment List (AEL).

Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA-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. Allowable equipment includes equipment from the following AEL categories:
• Personal Protective Equipment (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
In addition to the above, general-purpose vehicles may be procured in order to carry out the responsibilities of the EMPG Program.

If recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Regional EMPG Program Manager for clarification. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high-cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Also see 2 C.F.R. §§ 200.216, 200.471, and FEMA Policy #405- 143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, or successor policy, regarding prohibitions on covered telecommunications equipment or services.

Recipients using EMPG Program funds to support emergency communications equipment activities must comply with the SAFECOM Guidance on Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. This SAFECOM Guidance can be found at SAFECOM Funding Resources.

In general, with exception of critical emergency supplies and the associated inventory management plan, equipment included in the AEL may be purchased without separate approval from FEMA. However, as with all grant-funded activities, the equipment purchase must be well justified and reasonable. Furthermore, the purchase must be supported by the approved Work Plan. If the equipment is not clearly supported by the approved Work Plan, the recipient must seek advance approval from the applicable FEMA Regional Grant Program Office prior to purchasing the equipment, and an updated Work Plan may be required.

FEMA will consider requests to purchase equipment that is not listed in the AEL on a case-by-case basis.

Such requests should be submitted in writing to the applicable FEMA Regional Grant Program Office.

FEMA’s review and approval of such requests will involve both the FEMA regional office and headquarters 533
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program staff to ensure nationwide consistency in the decision-making process and to support any necessary updates to the AEL.

Requirements for Small Unmanned Aircraft Systems
All requests to purchase Small Unmanned Aircraft System (sUAS) must comply with FEMA Policy 207- 22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and must include the policies and procedures in place to safeguard individuals’ privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the sUAS equipment. Additional information and requirements applicable to sUAS purchases can be found in the AEL at 03OE-07-SUAS.

Acquisition and Use of Technology to Mitigate UAS (Counter-UAS) In August 2020, FEMA alerted of an advisory guidance document issued by DHS, the Department of Justice, the Federal Aviation Administration, and the Federal Communications Commission: Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate UAS.

The purpose of the advisory guidance document is to help non-federal public and private entities better understand the federal laws and regulations that may apply to the use of capabilities to detect and mitigate threats posed by UAS operations (i.e., Counter-UAS or C-UAS). The Departments and Agencies issuing the advisory guidance document, and FEMA, do not have the authority to approve non-federal public or private use of UAS detection or mitigation capabilities, nor do they conduct legal reviews of commercially available product compliance with those laws. The advisory does not address state and local laws nor potential civil liability, which UAS detection and mitigation capabilities may also implicate. It is strongly recommended that, prior to the testing, acquisition, installation, or use of UAS detection and/or mitigation systems, entities seek the advice of counsel experienced with both federal and state criminal, surveillance, and communications laws. Entities should conduct their own legal and technical analysis of each UAS detection and/or mitigation system and should not rely solely on vendors’ representations of the systems’ legality or functionality. Please also see the DHS press release on this topic for further information:

Interagency Issues Advisory on Use of Technology to Detect and Mitigate UAS. For training on the application of UAS technology in emergency management programs, please refer to the National Preparedness Course Catalog and search 'UAS' on the website.

Funding for Critical Emergency Supplies
Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under the EMPG Program. FEMA must approve a state’s five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000.

Training
EMPG Program funds may be used for a range of emergency management-related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, multi-year IPP developed through an annual IPPW and build from training gaps identified in the THIRA/SPR process.

Further guidance concerning the IPP and the IPPW can be found at Preparedness Toolkit Program Management Templates. Training should:
• Foster the development of a community-oriented approach to emergency management that emphasizes engagement at the community level;
• Strengthen best practices; and
• Provide a path toward building sustainable resilience. 534
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Allowable training-related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training: Includes costs related to administering training, such as planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or other access and functional needs, should be identified in the multi-year IPP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses, states are encouraged to apply the Analysis, Design, Development, Implementation, and Evaluation (ADDIE) model for instructional design. More information is available at NTED | Training Resource Development Center.
• Overtime and Backfill: Overtime costs, including payments related to backfilling personnel, that are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. 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 FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel: Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. International travel is not an allowable cost under this program unless approved in advance by FEMA. • Hiring of Full- or Part-Time Staff or Contractors/Consultants: Full- or part-time staff or contractors/consultants may be hired to support direct training-related activities. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327. 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 FEMA, whichever is applicable.
• Certification/Recertification of Instructors: Costs associated with the certification and re- certification of instructors are allowed. 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.

Additional types of allowable training or training-related activities include, but are not limited to:
• Developing/enhancing systems to monitor training programs • Conducting all-hazards emergency management training
• Attending EMI training or delivering EMI train-the-trainer courses • Attending other FEMA-approved emergency management training • State-approved, locally sponsored CERT training
• Mass evacuation training at local, state, territorial and tribal levels Exercises
Allowable exercise-related costs include:
• Funds Used to Design, Develop, Conduct and Evaluate Preparedness Exercises: This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public 535

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space/locations/facilities whenever available prior to the rental of space/locations/facilities.

Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise, including those for children and individuals with disabilities or other access and functional needs, should be included in the AAR/IP and addressed in the exercise cycle.
• Hiring of Full- or Part-Time Staff or Contractors/Consultants: Full- or part-time staff may be hired to support direct exercise 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 FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct, and evaluation of exercises. Hiring of contractors/consultants must follow the applicable federal procurement requirements at 2 C.F.R. §§ 200.317-200.327.
• Overtime and Backfill: The entire amount of overtime costs, including payments related to backfilling personnel, that are the direct result of time spent on 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 FEMA, whichever is applicable. Dual compensation is never allowable, meaning, in other words, that an employee of a unit of government may not receive compensation from their unit or agency of government and from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though their work may benefit both entities. • Travel: 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 the planning and conduct of the exercise activities.
• Supplies: Supplies are items that are expended or consumed while planning and conducting the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • HSEEP Implementation: This refers to costs related to developing and maintaining an exercise program consistent with HSEEP.
• Other Items: These costs are limited to items consumed in direct support of exercise activities, such as space/locations rentals for planning and conducting an exercise, equipment rentals (e.g., portable toilets, tents), food/refreshments, and the procurement of other essential nondurable goods.

Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable.

Unauthorized exercise-related costs include:
• Reimbursement for maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use beyond the scope of exercise conduct (e.g., electronic messaging signs)
• Durable and nondurable goods purchased for installation and/or use beyond the scope of exercise conduct
Construction and Renovation
Construction and renovation projects for a state, local, tribal, or territorial government’s principal Emergency Operations Center (EOC), as defined by the SAA are allowable under the EMPG Program.

FEMA must provide written approval prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG Program Grants.gov 536

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posting) to their Regional EMPG Program Manager for review. Additionally, recipients are required to submit a SF-424C Form, SF-424D Form, and Budget detail citing the project costs.

The above examples are not intended to exclude other construction projects as potentially allowable costs.

For example, construction of a facility for the storage and distribution of critical emergency supplies and/or to serve as a staging area for deployment of emergency response resources is potentially an allowable expense. Other construction or renovation projects, such as a secondary or local EOC, will be considered on a case-by-case basis, as described below in the guidance regarding advance written approval.

Advance Approval Requirement
Recipients must receive advance written approval from FEMA prior to the use of any annual EMPG Program funds for construction or renovation, including such activities at the subrecipient level. Such costs would need to fall within the scope of the recipient’s final approved Work Plan, otherwise an updated Work Plan may be required. Such requests should be submitted in writing to the applicable FEMA Regional Grant Program Office. FEMA’s review and approval will involve both the regional office and the FEMA Grant Programs Directorate.

Real Property Use and Disposition Requirements
Real property improved under a federal award falls under the 2 C.F.R. Part 200 guidance for real property.

In accordance with 2 C.F.R. § 200.311, a recipient or subrecipient may only use real property acquired or improved under a federal award for the originally authorized purpose, as long as it is needed for that purpose, during which time the recipient or subrecipient must not dispose of or encumber its title or other interests. However, upon the end of that period where it needs the property for the originally authorized purpose (i.e., the functional use of the property for which FEMA awarded the grant), the recipient or subrecipient will then dispose of the property in keeping with the requirements set forth in 2 C.F.R. § 200.311.

When a grant-funded property is no longer needed for the originally authorized purpose, the recipient or subrecipient (through the pass-through entity) must obtain disposition instructions from the cognizant FEMA Regional Administrator or the pass-through entity. For additional information on this, see Information Bulletin 458a, Clarifying Guidance for the Annual Emergency Management Performance Grant (EMPG) and the FY 2020 COVID-19 EMPG Supplemental (EMPG-S) Programs.

Construction of Communication Towers
When applying for funds to construct communication towers, recipients and subrecipients must submit evidence that the Federal Communication Commission’s Section 106 review process has been completed and submit all documentation resulting from that review to FEMA prior to submitting materials for EHP review. Recipients and subrecipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the recipient believes an Environmental Assessment may be needed, as defined in Implementation of the National Environmental Policy Act, , and EHP Directive and Instructions: FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the Regional EMPG Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to [email protected].

Davis-Bacon Act Compliance
EMPG Program recipients using funds for construction projects must comply with the Davis-Bacon Act and subsequent legislation (40 U.S.C. §§ 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the 537
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state in which the work is to be performed. Additional information regarding compliance with the Davis- Bacon Act, including Department of Labor wage determinations, is available at Davis-Bacon and Related Acts.

Accessibility Compliance
EMPG Program recipients using funds to build or alter buildings must comply with accessibility requirements under the Rehabilitation Act of 1973 and Architectural Barriers Act of 1968 (ABA), as well as the Americans with Disabilities Act (ADA), if applicable, to ensure individuals with disabilities have access to such buildings. Accessibility standards under the ABA and ADA are highly similar. Additional information regarding compliance with the Architectural Barriers Act is available at Guide to the ABA.

Acquisition of Real Property
Acquisition of real property is permissible if such property is needed to support other allowable program costs or activities. For additional information on this, see Information Bulletin 458a, Clarifying Guidance for the Annual Emergency Management Performance Grant (EMPG) and the FY 2020 COVID-19 EMPG Supplemental (EMPG-S) Programs.

Advance Approval Requirement
Consistent with the requirements outlined above regarding construction activities, recipients and subrecipients (through the pass-through entity) must obtain advance written approval from the cognizant FEMA Regional Administrator prior to obligating annual EMPG Program funds for acquisition of real property. Additionally, in cases of acquisition or improving real property, recipients are required to submit a SF-429-B, Real Property Status Report, Attachment B providing details of the relevant property to be acquired.

Property Use, Reporting, and Disposition Requirements
The acquisition, use, and disposition of real property shall be subject to the provisions of 2 C.F.R. Part 200.

In accordance with 2 C.F.R. Part 200, recipients and subrecipients are required to report on the status of the acquired property on an annual basis using SF-429-A Real Property Status Report, Attachment A (General Reporting). Such reporting shall continue as long as the property is being used for the originally authorized purpose.

The same use and disposition guidance as outlined in Sections III.D.3 above applies to real property acquired with annual EMPG Program funds. For additional information on this, see Information Bulletin 458a, Clarifying Guidance for the Annual Emergency Management Performance Grant (EMPG) and the FY 2020 COVID-19 EMPG Supplemental (EMPG-S) Programs.

Leasing of Real Property
Leasing of real property is permissible if the property is needed to support other allowable annual EMPG Program activities.

Advance Approval Requirement
Recipients and subrecipients (through the pass-through entity) must obtain advance written approval from the cognizant FEMA Regional Administrator prior to obligating annual EMPG Program funds for the leasing of real property.

Allowable Period of Lease Expenses
In cases where a property will be leased and the lease will be paid in full or in part using annual EMPG Program, any costs associated with the lease that are charged to an annual EMPG Program award must occur within the period of performance of the associated award(s). Real property lease costs must also comply with 2 C.F.R. Part 200.
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Maintenance and Sustainment
Use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted.

EMPG Program funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats and hazards that pose the greatest risk to the security of the Nation. To assist recipients in meeting this objective, the policy set forth in IB 379: Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding allows for the expansion of eligible maintenance and sustainment costs, which must be:
1) In direct support of existing capabilities;
2) An otherwise allowable expenditure under the applicable grant program; 3) Tied to one of the core capabilities in the five mission areas contained within the Goal; and 4) Shareable through the EMAC.

Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than FEMA preparedness grant program dollars.

Unallowable Costs
Grant funds may not be used for the following:
• Unallowable Equipment: Grant funds must comply with FEMA Policy 207-22-0002, Prohibited or Controlled Equipment Under FEMA Awards, and may not be used for the purchase of firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed;
• Expenditures for weapons systems and ammunition;
• Costs associated with hiring, equipping, training, etc. sworn public safety officers whose primary job responsibilities include fulfilling traditional public safety duties such as law enforcement, firefighting, emergency medical services, or other first responder duties; • Costs that supplant traditional public safety positions and responsibilities; or • Activities and projects unrelated to the completion and implementation of the EMPG Program • Clothing used for everyday wear by emergency management employees or other personnel.

Recipients should consult with their Regional EMPG Program Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Manual and the EMPG Program NOFO.

Amendments for EMPG Costs
In 2 CFR 200.308(f) it states that the Federal awarding agency may, at its option, restrict transfer of funds among direct cost categories where the Federal share exceeds the simplified acquisition threshold, and the cumulative amount of the transfer exceeds 10% of the total budget last approved by the awarding agency.

For purposes of 2 CFR 200.308(f), the term “budget” includes both the federal and non-federal cost share.

For EMPG awards (which include a 50% cost share), if the recipient wants to revise their budget and there are transfers between the direct cost categories exceeding the Simplified Acquisition Threshold and the cumulative amount of the transfers exceeds 10% of the total project costs (federal and non-federal), then EMPG recipients must request prior written approval from their Regional EMPG Program Manager for 539
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those transfers and amendments. Recipients should consult with their Regional EMPG Program Manager prior to making any changes to their EMPG Work Plan.
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EMPG Program Work Plan
Submission of an EMPG Program Work Plan is mandatory. It is a required component of the EMPG Program application. The Work Plan outlines the state’s emergency management sustainment and enhancement efforts, including new and ongoing activities and projects, that are driven by identified preparedness priorities and proposed for the EMPG Program period of performance. An FY 2023 EMPG Program Work Plan Template (available on the Grants.gov EMPG Program application page and on the FEMA.gov website at EMPG) is provided to facilitate the work plan development process. The submitted Work Plan must address all the data and information requirements included in the FY 2023 EMPG Program Work Plan Template and in the supplemental guidance included in this section. Therefore, EMPG Program applicants are strongly encouraged to use the provided FY 2023 EMPG Program Work Plan Template.

Prior to submission of the EMPG Program Work Plan, the applicant must work with the Regional Administrator or designated Regional EMPG Program Manager to identify three to five priority areas which will serve as the focus for EMPG Program-funded investments. The priorities must be mutually agreed to by the applicant and Regional Administrator and should be driven by the THIRA/SPR process – specifically, the outputs from the THIRA/SPR process – and other relevant information sources such as AARs, audit and monitoring findings, Hazard Mitigation Plans and other deliberate planning products.

Priorities should also reflect those included in each recipient's IPP so that recipients are focusing all investments, projects, and other resources on a common set of priorities. As they select priorities, applicants should consider which capability gaps would be most operationally consequential, must be closed most urgently, and could be meaningfully addressed within the period of performance. Applicants should refer to the EMPG Program NOFO for further guidance on the priority identification process.

Applicants must set at least one performance goal for each RA agreed-upon priority area that achieves a specific outcome. Each goal must be specific, measurable, and achievable within the period of performance, relevant to the priority area, and have a target date for completion. Applicants must describe how achieving each goal or objective will impact the priority area it supports by the end of the period of performance. Each goal must include an estimate quantifying the extent to which the supporting investments will close capability gaps (e.g., “Increase the percentage of people who can find and secure long-term housing by 10% within 1 year of an incident”). The FY 2023 EMPG Program Work Plan Template includes instructions and examples to help guide this process so that recipients can develop goals that focus on achieving specific outcomes.

The Regional Administrator or designated Regional EMPG Program Manager will ensure that the mutually agreed priorities are fully addressed in the EMPG Program Work Plan. In addition, the Regional Administrator must approve final Work Plans before states may draw down EMPG Program funds. Grant funds will be released upon approval of the state’s final Work Plan.

Following Work Plan approval, regional EMPG Program Managers will work closely with recipients to monitor progress toward goals and activities in the Work Plans during the performance period and may request further documentation from the recipients to clarify the projected Work Plan. Further, in accordance with 2 C.F.R. §200.308 – Revision of budget and program plans, any changes to the approved Work Plan – including changes in project scope and budget changes within any direct cost category exceeding 10% of the total award amount – will require advance approval from the Regional Administrator or designated Regional EMPG Program Manager.

EMPG Program Work Plan Instructions
The FY 2023 EMPG Program Work Plan Template has been updated to support the collection of objective information and quantitative data that will allow FEMA to measure program effectiveness and investment 541

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impacts more effectively. This also enables compliance with 2 C.F.R. § 200.301, which requires federal awarding agencies to measure recipient performance to show achievement of program goals and objectives, share lessons learned, improve program outcomes, and foster adoption of promising practices. To this end, the FY 2023 EMPG Program guidance in the NOFO and Work Plan requires recipients to link EMPG Program-funded investments to THIRA/SPR results and other relevant materials that inform capability priorities and needs and to include specific performance measures that will allow FEMA to measure the impact of those investments based on the core capabilities that are addressed.

The FY 2023 EMPG Program Work Plan Template largely complements the THIRA/SPR process outlined in the Comprehensive Preparedness Guide (CPG) 201, Third Edition (CPG 201, v3). As noted in CPG 201, v3, a coordinated approach to track investments, and understand the return on investments, can help improve the effectiveness of those investments. Tracking how EMPG Program-funded investments result in specific, quantitative changes in capabilities can help guide communities’ strategic planning considerations and inform resource allocation decisions that will maximize effectiveness in building or sustaining capabilities. Therefore, applicants are encouraged to refer to CPG 201, v3, along with their most recent THIRA and SPR, when developing their EMPG Program Work Plan.

The FY 2023 EMPG Program Work Plan Template consists of the following tabs: Definitions and Guidance, Quick Links, Grant Investment Strategy, Grant Activities Outline, Detailed Budget – Excluding M&A, Budget Narrative – Excluding M&A, Detailed Budget – M&A Only, Budget Narrative – M&A Only, EMPG Program Summary, Implementation Schedule, Training Data Table, and Exercise Data Table.

As explained above, the focus of the FY 2023 EMPG Program Work Plan Template is on improving data collection to better enable measurement of grant outcomes. Therefore, the narrative content is minimized and many of the cells include dropdowns for selecting applicable data. This approach also helps to simplify the Work Plan development process.

Instructions for each Work Plan section are provided below. Additional guidance and instructions are provided in the FY 2023 EMPG Program Work Plan Template.

Definitions and Guidance
The Definitions and Guidance tab collects applicant information and provides instructions for completing each subsequent tab.

Quick Links
The Quick Links Tab uses the link functionality in Excel to allow users to navigate throughout the template quickly and minimize the need to scroll through projects and implementation schedules.

Grant Investment Strategy
The intent of the Grant Investment Strategy tab of the FY 2023 EMPG Program Work Plan Template is to provide an overview of the state/territory's preparedness investment strategy. It should serve as the foundation for completing the remainder of the Work Plan. It includes separate sections to explain the following:
• The performance goals associated with each priority area; • The most recent THIRA/SPR results;
• Significant risks and capability gaps that currently exist; • Resulting preparedness priorities; and
• The anticipated impact of the proposed EMPG Program-funded investments. 542
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For the Performance Goals section, the applicant should identify the three to five priorities that were mutually agreed to and approved between the Regional Administrator and the state/territory. These goals serve as the focus for the EMPG Program-funded investments. The reference materials used to identify the priorities should be cited and their relevance explained in this section.

At least one performance goal should be identified for each priority area. Each goal must be specific, measurable, achievable within the period of performance, relevant to the priority area, and have a target date for completion (i.e., SMART goal). It should describe how achieving each goal will impact the priority area it supports by the end of the period of performance.

Grant Activities Outline
The Grant Activities Outline is used to capture the proposed EMPG Program-funded projects and link them to the identified priorities, performance goals, and gaps or needs. Coupled with the Implementation Schedule, the Grant Activities Outline supports identification and tracking of EMPG Program-funded project outcomes, which will enable better understanding of the impacts of those investments relative to the performance goals and the associated core capabilities. Identifying and tracking project outcomes also supports compliance with the Foundations for Evidence-Based Policy Making Act of 2018 and changes to

2.C.F.R related to performance, evaluation, and risk for federal grants. Applicants can also designate whether a project addresses equity considerations and/or climate change impacts. Examples of allowable activities and associated core capabilities for projects that address the FY 2023 EMPG Program national priorities of equity, climate resilience, and readiness can be found in the FY 2023 EMPG Program NOFO.

The Grant Activities Outline includes sections that allow the applicant to identify the performance goals that are supported by each project and the milestones that are critical to accomplishing each goal.

Additional guidance on performance goals and milestones, including specific examples of each, are provided below.

The Grant Activities Outline also requires the applicant to explain the objective and anticipated impact of each project relative to the associated priorities, performance goals, and related core capabilities:
• The “Project Objective” should explain what the project will accomplish; specifically, how the project will address the identified gap or need and how it supports one or more of the identified performance goals.
• The “Anticipated Project Impact” should explain the expected project outcome relative to the associated priorities and performance goals.
o The impact statement should include a quantitative estimate of the degree to which the project will contribute to achieving the identified performance goal (see hierarchy example below).

Effective completion of the Grant Activities Outline requires an understanding of the established planning hierarchy. Priorities are at the top of the hierarchy, followed by performance goals that define a clear outcome or end-state and provide the basis for addressing each priority. Project proposals should be identified based on the performance goals. High priority capability gaps or needs identified through the THIRA/SPR process, particularly SPR Step 2, and other assessments are also used to inform project selection and to identify specific project objectives. Project objectives, and accompanying impact statements, should complement the performance goals by including similar outcome-focused metrics, as explained above. Lastly, identifying the specific project activities are the last step in the process of completing the GAO. Project activities are key components and/or milestones that are critical to successful completion of the project.

An example of this planning hierarchy for completing the GAO is provided below:
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❖ Priority: Logistics and Supply Chain Management
➢ Performance Goal: Within 24 hours of an incident, identify and mobilize life-sustaining commodities, resources, and services to 10,000 people requiring shelter and 100,000 people requiring food and water. Maintain distribution system for at least 30 days. • Project: Update State Logistics and Distribution Management Plan and qualify 40 additional personnel for logistics operations in NQS.
o Project Objective/Impact: Increase capacity to identify and mobilize life-sustaining commodities, resources, and services to people requiring shelter, food, and water by 50%, allowing the state to do so for 7,500 people requiring shelter and 75,000 requiring food and water within 24 hours of an incident and maintain that distribution system for at least 30 days.
• Activity: Convene cross-discipline working group meeting on May 30, 2023, to review current State Logistics and Distribution Management Plan All EMPG Program-funded investments must be accounted for in the Grant Activities Outline. However, recognizing that some sustainment activities, such as funding of emergency manager salaries, may not align to a specific priority or performance goal, applicants are not required to identify priorities and performance goals for such investments. However, all other portions of the Grant Activities Outline must be completed as a means to justify the applicable sustainment costs.

In cases where emergency management personnel are not assigned to support specific projects included in the Work Plan, the applicant may choose to create a single project (e.g., Emergency Management Personnel Project) to encompass the majority of the EMPG Program-funded salaries and fringe benefits costs. This single project would be populated on the Grant Activities Outline and include the associated activities, priorities, goals, anticipated outcomes, milestones, etc. for the applicable EMPG Program-funded emergency management staff, including staff supporting the M&A activities.

The various elements of the Grant Activities Outline tab are outlined below, along with basic instructions for completing the required entries. Supplemental guidance and instructions are included in the FY 2023 EMPG Program Work Plan Template.
• Project Name: Provide a descriptive name for each planned project. Examples include “Development of Emergency Function Annexes,” “Development of Earthquake Scenario Loss Estimations,” “Implementation of Statewide Interoperability Plan,” “NIMS Training for Emergency Management Personnel,” “Development of Emergency Preparedness Plan for Individuals with Disabilities,” etc.
• Brief Project Description: Provide further details on the project, particularly where the project name does not sufficiently describe the project.
• Gap or Need Addressed: Briefly describe the specific gap or need addressed by the project. • Reference for Identified Gap or Need: Select the documentation used to identify the cited gap or need from the drop-down menu.
• Project Objective: Explain how the project addresses the identified gap or need, and how it supports the identified priorities and performance goals. • Anticipated Project Impact: Explain the expected project outcome relative to the associated priorities and performance goals.
• Build or Sustain: Select whether the project will build or maintain/sustain the identified core capability(ies).
• Equity: Select whether the project will address equity considerations. For FY 2023, at least one project must specifically address equity considerations. • Climate Change: Select whether the project will address the impacts of climate change. 544

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• EMPG Program National Priority Area: Select the applicable National Priority Area from the drop-down menu.
• Regional Administrator (RA) Agreed Upon Priority Area: Select from a drop-down list of the 32 core capabilities and other priorities identified in the latest version of the National Preparedness Report. If the priority is not included in the drop-down list, enter “other” for Primary, Secondary and/or Tertiary, and then enter the priority in the adjacent cell. • POETE Category: Select whether the project relates to Planning, Organization, Equipment, Training, or Exercises. Multiple POETE categories can be selected to accommodate projects that span multiple categories. For example, building capability often involves a combination of planning, training, and exercise activities. Space is provided to populate the Primary, Secondary and Tertiary POETE category.
• Emergency Management Accreditation Program (EMAP) Standard Element: This field is optional. It is made available to those states/territories that are EMAP certified and want to continue tracking their investments by EMAP Standard Elements. Select the appropriate EMAP Standard Elements from the drop-down menu, if applicable. • Mission Area: Select the appropriate preparedness mission area supported by the project:

Prevention, Protection, Mitigation, Response, or Recovery. Multiple mission areas can be selected to accommodate projects such as plans and exercises that involve multiple mission areas, and space is provided to populate the Primary, Secondary and Tertiary Mission Areas. • Core Capabilities: Select up to five core capabilities supported by the project. Indicate whether the Core Capability has a target with a gap rated as high priority. • Performance Goals: Select the performance goal(s) from the drop-down menu. The drop-down menu will consist of the performance goals as entered in the Grant Investment Strategy. • Current Capability Metrics: Identify capability metrics prior to the project implementation. • Milestones: Identify key project activities and other deliverables or outputs that are critical to accomplishing the identified performance goal and can be tracked to demonstrate progress toward achieving the performance goal.

Detailed Budget – Excluding M&A
The Detailed Budget – Excluding M&A tab enables a full accounting of all project activity costs, excluding M&A costs. This tab contains an itemization of non-M&A costs related to personnel, fringe benefits, travel, equipment, supplies, contractual services, construction, other, and indirect costs. For personnel and fringe benefits, the position title and percentage of time or fringe allocated to the EMPG Program grant is required. Each line item is assigned to its relevant project, allowing the information in mission areas, core capabilities, priorities, EMAP, and POETE categories to populate accordingly. This enables a breakdown of the full EMPG Program budget into various categories: Mission Area, Core Capabilities, National Priority Area, RA Agreed Upon Priority, EMAP Standard Elements, and POETE Category. The cells for each of these categories are automatically populated based on the project number as identified in the Grant Activities Outline.

Budget Narrative – Excluding M&A
The purpose of the Budget Narrative – Excluding M&A tab is to 1) justify the need for each line item and the cost estimates; 2) explain how costs relate to the programmatic goals of the project(s); and 3) supplement other budget information provided on the Detailed Budget – Excluding M&A tab. This tab will include a narrative for each cost category of the budget. For the Cost Share, applicants must include a detailed description of the source of the match/cost share. If funds or services are to be provided by a third party for in-kind match, a dated letter of commitment is required to document the donation. If the M&A Detailed Budget tab includes Indirect Costs, an approved Indirect Cost Rate Agreement signed by the recipient agency and the cognizant agency for the recipient, or a copy of the proposal to the cognizant 545

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federal or state agency for an indirect cost rate, must be included in the submission of the Work Plan for application purposes. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the Grants Management Specialist for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the Grants Management Specialist for further instructions.

Detailed Budget – M&A Only
This Detailed Budget – M&A Only tab enables a full accounting of all project activity costs as they relate specifically to M&A costs. This tab contains an itemization of only M&A costs related to personnel, fringe benefits, travel, equipment, supplies, contractual services, construction, and other direct costs. For personnel and fringe benefits, the position title and percentage of time or fringe allocated to the EMPG Program grant is required. Each line item is assigned to its relevant project, allowing the information in mission areas, core capabilities, priorities, EMAP, and POETE categories to populate accordingly. This enables a breakdown of the full EMPG Program budget into various categories, including the following: Mission Area, Core Capabilities, National Priority Area, RA Agreed Upon Priority, EMAP Standard Elements, and POETE Category. The cells for each of these categories are automatically populated based on the project number as identified in the Grant Activities Outline.

Budget Narrative – M&A Only
The purpose of the Budget Narrative – M&A Only tab is to: 1) justify the need for each line item and the cost estimates; 2) explain how costs relate to the programmatic goals of the project(s); and 3) supplement other budget information provided on the Detailed Budget– M&A Only tab. For the Cost Share, applicants must include a detailed description of the source of the cost share/matching funds. If funds or services are to be provided by a third party for in-kind match, a dated letter of commitment is required to document the donation. This tab will include a narrative for each cost category of the budget.

Information for the Detailed Budget and Budget Narrative This section of the Work Plan is a detailed description of the budget found in the SF -424A and must include a detailed discussion of how EMPG Program funds will be used. Applicants must itemize costs related to personnel, fringe benefits, travel, equipment, supplies, contractual costs, other direct costs, indirect costs, and total costs.

Applicants should use the following instructions and budget cost category descriptions to complete the Budget Detail section of the Work Plan.

Personnel: List each position with a brief description of the duties and responsibilities (no personnel names), as well as the salary computation for staff. If a Cost-of-Living Adjustment increase and/or merit pay increase in salary will be provided for the position, include those costs in calculations for personnel and the associated fringe benefits on the applicabl e Detailed Budget and the Budget Narrative.

Fringe Benefits: List the computation for fringe benefits for each of the personnel listed in the budget worksheet. Estimated rates for fringe are allowable but provide the basis for that estimation in the budget narrative (e.g., average percent fringe paid for most employees within the agency). If not using an estimate, list fringe benefit and the associated costs for each employee that will be paid by EMPG Program funding (e.g., Social Security/FICA, Unemploymen t Compensation, Medicare, Retirement, Health Insurance, Life Insurance, etc.). Also, in cases where fringe benefits costs are included in an indirect cost rate agreement, the fringe benefits cannot also be charged as a direct cost for reimbursement.

Travel: Specify the mileage, per diem, estimated number of trips in -state and out-of-state, number of travelers, and other costs for each type of travel for staff. Travel may be integral to the purpose of the 546
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proposed project (e.g., management, monitoring and/o r oversight of grant award and/or subrecipients) or related to propose project activities (e.g., attendance at training or meetings related to management of the EMPG Program award). Travel costs identified in this section are for employees of the applicant/recipient only. For travel costs related to staff training, include as many details as possible about each proposed training cost, including the name of the training course(s), training provider, personnel who will attend the training, proposed dates (estimates are accepted), etc. Travel category costs do not include 1) costs for travel of consultants, contractors, consortia members, or other partner organizations, which are included in the “Contractual” category; or 2) travel costs for employees of subrecipient agencies (those should be included in the Contractual category, if applicable).

Equipment: List each equipment item for EMPG Program purposes only by Line-Item Name and in the same order as listed on the Detailed Budget. Include a brief description of each equipment item (no brand names); per unit cost, quantity and total cost; location of equipment (if other than the direct recipient agency); and how the equipment will be utilized. Equipment is defined in 2 C .F.R. § 200.1.

Supplies: Include all tangible personal property other than those described in the definition of “equipment” as defined by 2 C.F.R. § 200.1. Supplies are also defined in 2 C.F.R. § 200.1. The budget detail should identify categories of supplies to be procured for EMPG Program purposes only (e.g., printing supplies, office supplies, etc.) and the calculation of those costs (e.g., based on monthly rates or based on an average of previous years’ similar costs). Non-tangible goods and services associated with supplies, such as printing service, photocopy services, and rental costs should be included in the “Other” category. Provide the basis for calculation of supplies including the Line-Item Name and list supplies in the Budget Narrative in the same order as listed on the Detailed Budget. Subrecipient M&A and non - M&A costs should be included in the “Other” category.

Contractual: Identify each proposed contract related to EMPG Program purposes only and specify its purpose and estimated cost. Contractual/consultant services are those services to be carried out by an individual or organization (do not include company or individual names in budget narrative), other than the applicant, in the form of a procurement relationship. Leased or rented goods (equipment or supplies) for EMPG Program purposes should be included in the “Other” category. The applicant should list the proposed contract activities along with a brief description of the scope of EMPG Program work or services to be provided and proposed duration. Include the basis for the calculation of contractual services costs (e.g., contractor training instructor speaking fee, contractor travel costs and contractor instructional materials).

Other: This category should include only those types of direct costs that do not fit in any of the other budget categories and are related to EMPG Program purposes only. Include a description of each cost by Line-Item Name and in the same order as listed on the applicable Detailed Budget. Include the basis for calculation of the costs. Examples of costs for EMPG Program purposes that may be in this category include the following: insurance, rental/lease of equipment or supplies, equipment service or maintenance contracts, printing or photocopying rental, etc. Subrecipient M&A and non -M&A costs from their subawards (e.g., subgrants) are a distinct type of cost under this category. The term “subaward” means an award of financial assistance (money or property) by any legal agreement made by the recipient to an eligible subrecipient. This term does not include procurement purchases, technical assistance in the form of services instead of money, or other assistance in the for m of revenue sharing, loans, loan guarantees, interest subsidies, insurance, or direct appropriations. Subcontracts are not subawards and belong in the contractual category. Applicants must provide the aggregate amount they propose to issue as subaward work and a description of the types of M&A and non -M&A activities to be supported.

Construction: Include construction costs, including renovation projects for a state or territorial government’s principal EOC. Include a description of the types of constructio n or renovation services proposed and the calculation of these costs (no company or individual names). Subrecipient construction 547

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costs should be included in the Other category. M&A funding cannot be used for construction or renovation costs.

Indirect Costs: If indirect charges are budgeted, indicate the approved rate and base (the cost categories for which this indirect cost percentage rate will be applied.) Indirect costs are those incurred by the recipient for a common or joint purpose that benefit more t han one cost objective or project and are not readily assignable to specific cost objectives or projects as a direct cost. In order for indirect costs to be allowable, the applicant must have a federal or state negotiated indirect cost rate (e.g., fixed, predetermined, final or provisional), or must have submitted a proposal to the cognizant federal or state agency. An approved Indirect Cost Rate Agreement signed by the recipient agency and the cognizant agency for the recipient, or a copy of the proposal t o the cognizant federal or state agency for an indirect cost rate, must be included in the submission of the Work Plan Template for application purposes.

Examples of Indirect Cost Rate calculations are shown below:

1. Personnel (Indirect Rate x Personnel = Indirect Costs)

2. Personnel and Fringe (Indirect Rate x Personnel & Fringe = Indirect Costs)

3. Total Direct Costs (Indirect Rate x Total Direct Costs = Indirect Costs) Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must a lso reach out to the FEMA Grants Management Specialist for further instructions. Per 2 C .F.R. Part 200, Appendix VII, paragraph D.1.b, state and local governments are not permitted to use the de minimus rate without seeking and receiving FEMA’s approval of a case-by-case exception. Applicants who wish to request the case -by- case exception should reach out to their FEMA Grants Management Specialist for further instructions.

Post-award requests to charge indirect costs will be considered on a case -by-case basis and based upon the submission of an agreement or proposal as discussed above or based upon the de minimis rate or cost allocation plan, as applicable.

EMPG Program Summary
This tab includes summary information for the award as entered in the budget tabs and the Grant Activity Outline. The overall budget summary will include the total award amount, federal amount, non-federal amount (cost share), and M&A amount, along with the calculated percentage of each. The additional budget summary tables will calculate the amount allocated for federal funds, non-federal funds (cost share) and total project costs for each cost category. There is also a budget summary table with similar information for each primary mission area and core capability.

The EMPG Program Summary tab also provides users with an overview of their progress in the FY 2023 EMPG Program Performance Metrics. The metrics are automatically populated from the calculations of information provided in the Grant Activities Outline. These metrics aim to provide the count, percentage, and associated dollar amount affiliated with the following performance metrics: 1) Capability-building Projects for Alignment to Capability Gaps in SPR; 2) Funding Spent on Capability-building Projects Aligned to Capability Gaps in SPR; 3) Building Capabilities for High Priority Targets; 4) Regional and National Priority Area Alignment; and 5) Plans-Training-Exercise Alignment. The EMPG Program Summary Tab further provides a count of all projects that address equity considerations and climate change impacts.

Implementation Schedule
The Implementation Schedule includes the basic elements of a project management plan. It is used to capture key project activities to include both EMPG Program-funded activities that are critical to accomplishing the project objectives as identified in the Grant Activities Outline, as well as tasks that are essential to effective project management. Thus, this product can be used as a basic project management 548
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tool to plan and track the progress of key project activities and associated tasks. Key project activities should generally correlate with the “Milestones” identified for each project included in the Grant Activities Outline.

The Implementation Schedule enables the applicant to identify key project activities by year/quarter, the associated tasks, timelines, status reports, and challenges or risks that may affect successful completion of the activity as planned. It also allows for the tracking of project progress by including estimated and actual completion dates for each activity and the ability to enter quarterly accomplishments relating to the activity. This functionality allows for quarterly reporting of project progress, in accordance with the programmatic requirements of the EMPG Program. Also, data from the Implementation Schedule should be completed and submitted to FEMA as a component of quarterly reporting on grant activities.

The Implementation Schedule further allows the applicant to explain how their project addresses equity considerations. Possible examples include: 1) conducting vulnerability assessments to identify and fully understand the vulnerabilities and needs of underserved communities relating to emergency preparedness; and 2) updating emergency operations plans to ensure the needs of underserved communities are adequately addressed.

The Implementation Schedule also provides the applicant with the ability to explain how their project addresses the impacts of climate change.

Training Data Table
To facilitate consistent data reporting and performance measures collection, the FY 2023 EMPG Program Work Plan Template includes a Training Data Table. This table should reflect training activities outlined in the multi-year IPP and completion of required EMPG Program training courses. The data requirements are defined in the section below. Applicants/recipients are not required to report EMPG Program-funded personnel costs associated with training. Training related to the NQS is not reported on the Training Data Table. Also, data from the Training Data Table should be completed and submitted to FEMA as a component of quarterly reporting on grant activities. Upon entering the project name or number in the template, the cells located to the right of the main Training Data Table will auto-populate the associated priority, mission area, capabilities, and functional areas based on the project data included in the Grant Activities Outline.

Training Data Table Template
Project
Number
Project
Name
Name of
Training
Scheduled
Date
Date
Training
was
Conducted/
Completed
EMPG
Program
Required
Training?
(Y/N)
Number
of
Personnel
Trained
NIMS Training
Course Number
(if applicable)
Training
Identified
in IPP
(Y/N)
Training Data Table Definitions
• Column 1 – Project Number from the Grant Activities Outline • Column 2 – Project Name from the Grant Activities Outline • Column 3 – Name of training course
• Column 4 – Scheduled date of training course
• Column 5 – Date training was conducted or completed
• Column 6 – Is the training course required by the EMPG Program? • Column 7 – Number of personnel trained
• Column 8 – NIMS Training Course Number (if applicable) 549

EMPG Program Appendix | 2023 Page H-40
• Column 9 – Is the training identified in the multi-year IPP? Exercise Data Table
To facilitate consistent data reporting and performance measure collection, an Exercise Data Table should be completed for any exercises that meet EMPG Program requirements and/or exercises conducted in whole or part with EMPG Program funds. The Exercise Data should include EMPG Program-funded exercises and costs to run the exercise (e.g., planning, materials, props, contractual services for conducting the exercise, AAR and IP, etc.). Any exercise planned or conducted during the grant period of performance should be reported on the Exercise Data Table. Applicants/recipients are not required to report EMPG Program- funded personnel costs associated with exercises. Data from the Exercise Data Table should also be completed and submitted to FEMA as a component of quarterly reporting on grant activities. The data requirements are defined in the section below. Upon entering the project name or number in the template, the cells located to the right of the main Exercise Data Table will auto-populate the associated priority, mission area, capabilities, and functional areas based on the project data included in the Grant Activities Outline.

Exercise Data Table Template
Project
Number
Project
Name
Name of
Exercise
Scheduled
Date
Date
Exercise
Conducted/
Completed
Type of
Exercise
Exercise
Fulfills
Progressive
Exercise
Requirement
(Y/N)
Exercise
Identified
in IPP
(Y/N)
Date AAR
submitted
to FEMA
Exercise Data Table Definitions:
• Column 1 – Project Number from the Grant Activities Outline • Column 2 – Project Name from the Grant Activities Outline • Column 3 – Exercise Name
• Column 4 – Scheduled date of exercise
• Column 5 – Date exercise conducted/completed
• Column 6 – Type of exercise (select from drop-down menu) • Column 7 – Is the exercise part of a progressive exercise series? • Column 8 – Is exercise identified in the multi-year IPP? • Column 9– When was the AAR submitted to FEMA?

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EMPG Program Appendix | 2023 Page H-41
EMPG Requirements Matrix

ID Category Requirement Location Due Date Cycle Due Date Submission Plan 1 Administrative
Pass through 100% of
award from SAA or
Territory to EMA.

NOFO
Within 15 days
of award date
(if applicable)
Varies Work Plan/Electronic Notification
2 Allowability
Critical Emergency
Supplies Purchases – 5-
year viable inventory
management plan with a
distribution strategy
App H Prior to award
(if applicable) Varies Work Plan/Amendment
3 Application Work Plan App H Per the NOFO Varies ND Grants 4 Application Project addressing
Equity Considerations
NOFO,
App H Per the NOFO Varies Work Plan: Grant Activities Outline and Budget Narrative
5 Civil Rights Civil Rights Evaluation
Tool PGM
Within 30 days
of receipt of
award
Varies
Email to:

[email protected]
and
cc: Regional EMPG Program Manager
6 Closeout
Closeout Reporting
Requirements.
(Note: ND Grants does
not have a closeout
module. Regional
closeout processes vary.)
PGM Per the Closeout
notification letter Varies ND Grants/Electronic Notification 7 Cost Share Cost Share App H
Application,
Quarterly,
Closeout
Varies
Work Plan Budget, Federal Financial
Report (FFR)/SF-425 (Quarterly and at
Closeout)
8 Davis-Bacon Davis-Bacon
Compliance App H For all EMPG
projects Varies Monitoring
9 EHP EHP approval PGM
Prior to any
construction,
renovation, or
ground
disturbing
activity
Varies
Email to:

[email protected], and cc:

Regional EMPG Program Manager
10 EHP Construction Towers App H
FCC Section 106
review must be
completed prior
to EHP review
Varies Monitoring
11 EMAC EMAC association NOFO Prior to award Varies Regional EMPG Program Manager to verify on EMAC website
12 Exercise
Exercise program
negotiated (align with
IPP/priorities)
App H Prior to award Varies Work Plan
13 Exercise AAR (After Action
Report)/IPs App H
90 days after
completion of
exercises
conducted in
Calendar Year
(CY) Q4
Varies
Email to: [email protected]
and
cc: Regional EMPG Program Manager
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EMPG Program Appendix | 2023 Page H-42
ID Category Requirement Location Due Date Cycle Due Date Submission Plan 14 Performance
Measures

87.5% of all PTE
projects align with
building capability
and/or closing capability
gaps identified
NOFO Prior to award Varies Work Plan
15 Pre-Award Pre-award cost NOFO Prior to award
(if applicable) Varies Work Plan Budget
16 Priorities
3-5 Applicant and RA
mutually agreed upon
Priorities (Note: These
need not be the national
priorities)
App H Prior to award Varies Work Plan
17 Reporting
Threat and Hazard
Identification and Risk
Assessment (THIRA)
submitted
App H Every 3 years
starting in 2022 31-Dec Prep toolkit
18 Reporting State Preparedness
Review (SPR) submitted App H Annually 31-Dec Prep toolkit 19 Reporting
National Incident
Management System
(NIMS)
App H Annually 31-Dec Unified Reporting Tool (URT)
20 Reporting
National Qualification
System (NQS)
implementation
App H
Phased-in
Objectives due
Annually
31-Dec URT
21 Reporting
Distribution
Management Plan
(DMP) Plan review
App H
After initial
submission,
DMP updates
submitted
annually, as
necessary
30-Sep Email to: Regional EMPG Program
Manager
22 Reporting
Multi-year Training and
Exercise Plan
(TEP)/Integrated
Preparedness Plan (IPP)
developed
App H Annually 31-Jan
Email to: [email protected]
and
cc: Regional EMPG Program Manager
23 Reporting
Periodic Performance
Reporting (PPR) Status
of all EMPG Program-
funded plans, training
and exercise activities
must be reported
quarterly.

App H
Within 30 days
after the end of
the CY Quarter
30-Jan
30-Apr
30-July
30-Sep
ND Grants
24 Reporting Financial Quarterly
Reporting PGM
Within 30 days
after the end of
the CY Quarter
30-Jan
30-Apr
30-July
30-Sep
PARS
25 Reporting
Biannual Strategy
Implementation Report
(BSIR)
PGM - Biannual
No later
than:
30-Jan
30-July
Grant Reporting Tool (GRT)
26 Reporting –
Exercise
All EMPG Program-
funded exercise activities
must be reported
quarterly.

App H Quarterly
30-Jan
30-Apr
30-July
30-Sep
Exercise Data Table
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EMPG Program Appendix | 2023 Page H-43
ID Category Requirement Location Due Date Cycle Due Date Submission Plan 27 Reporting –
Training
All EMPG Program-
funded training activities
must be reported
quarterly.

App H Quarterly
30-Jan
30-Apr
30-July
30-Sep
Training Data Table
28 Telecomms FirstNet PGM Prior to award
(if applicable) Varies Verified by Regional EMPG Program Manager
29 Telecomms SAFECOM PGM/
App H
Prior to award
(if applicable) Varies Verified by Regional EMPG Program Manager
30 Training
Training activities
captured (align with
IPP/priorities)
PGM/
App H Prior to award Varies Work Plan Training Data Table or PPR template
31 Training
EMPG funded personnel
who have completed:
• Basic Academy
OR
Professional
Development Series
AND
• NIMS
App H On-going Varies
Per Regional Guidance:
• ND Grants: with PPR
• Roster to Regional EMPG Program
Manager
• Reviewed During Monitoring
32 Training
Training attendance
information submitted
within 30 days of
attendance of training
supported with EMPG
funding (IB 432)
PGM/
App H On-going Varies Web-Forms

553
Visalia Fire Department
Visalia Fire Department
Purchase Hazmat Portable Radios
554
555
556
557
558

559
560
Chief Dan Griswold
420 N Burke St Visalia, CA 93292
(559) 713-4513
(559) 713-4808
561
562

563

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SAFECOM Guidance on Emergency Communications Grants
Frequently Asked Questions: Understanding Project 25 Standards and Compliance T
his document summarizes compliance requirements within the Project 25 (P25) Suite of Standards outlined in the SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance).

State, local, tribal, and territorial recipients of federal grants for emergency communications projects should refer to these Frequently Asked Questions to understand P25 compliance and find necessary resources. For the purpose of this document, the terms “I” and “my” refer to the agency grant applicant seeking federal funds for emergency communications projects.

Project 25
Q1. What are P25 standards?
P25 is a Suite of American National Standard Institute (ANSI) Accredited Technical Standards and specifications that promote interoperability among digital two-way land mobile radio (LMR) communications products provided by different manufacturers. The standards focus on meeting the public safety community’s unique mission and critical voice requirements. The objective is to provide technical specifications that ensure communications equipment is interoperable, regardless of manufacturer. The P25 Suite of Standards is published by the Telecommunications Industry Association (TIA), a recognized ANSI standards development organization, and also known as TIA-102 standards. The P25 Steering Committee publishes a list of Approved Project 25 Suite of Standards that includes the most recent documents and revisions.

Q2. What is the P25 Compliance Assessment Program (CAP)? The P25 CAP is a formal, independent testing process administered by the Department of Homeland Security (DHS) Science and Technology Directorate, to ensure communications equipment offered by suppliers complies with the applicable published standards. Through this third-party testing by independent laboratories, the P25 CAP assures public safety agencies that the communications equipment they purchase complies with P25 standards for performance, conformance, and interoperability. Compliance test results, official summary test reports, and suppliers’ declarations of compliance are available at dhs.gov/science-and-technology/p25-cap .

Q3. What does P25 compliance mean?
In general, compliance means that equipment conforms to the technical specifications in the standard. However, federal grantors may have additional requirements beyond the P25 standards and grant recipients must address other compliance considerations, depending on operational requirements. To maximize interoperability, grant recipients should verify that digital voice systems and equipment to be purchased with federal grant funds comply with the P25 Suite of Standards as specified in their program’s grant guidance. This compliance preserves the value of federal investments in interoperable solutions for state, local, tribal, and territorial emergency responders.

Q4. Why is purchasing P25 compliant equipment so important to the public safety community? Purchasing P25 equipment ensures that digital LMR systems are compatible with other P25 systems from different manufacturers and thus will enable interoperable communications among emergency responders from various agencies, jurisdictions, and levels of government. P25 standards also enable manufacturers to compete on a more level playing field, providing agencies with a broader range of options when purchasing equipment.
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P25 Purchases Using Federally-Funded Grants
Following the tragic events of 9/11, Congress passed legislation to improve the interoperability of public safety communications systems and equipment. The legislation mandates that new or upgraded equipment must be interoperable in accordance with P25 standards. To assist agencies in meeting this mandate, federal grant programs and policies support the purchase of P25 compliant LMR equipment.

Q5. When applying for a federally-funded emergency communications project, how do I demonstrate that purchases are P25 compliant?
To ensure equipment and systems comply with the P25 Suite of Standards, grant applicants/ recipients should:
• Review the technical specifications detailed in the P25 Technology Interest Group’s (PTIG) Capabilities Guide to determine which standards are applicable to the proposed equipment purchase.
• Provide specific technical requirements and expectations for all functions, features, and capabilities of to be procured equipment and services to comply with all applicable P25 standards and expectations for interoperability in any Statements of Work or acquisition documents for communications procurements funded through federal grants. • Ensure all new and upgraded P25 eligible equipment, features, functions, and capabilities selected for procurement are P25 compliant and interoperable. If P25 LMR equipment and systems include non-standard features or capabilities when a comparable P25 feature or capability is available, recipients must also purchase the P25 standards-based feature or capability to ensure interoperability.
• Obtain documented evidence of P25 compliance from the manufacturer showing the equipment has passed all applicable compliance assessment test procedures and interoperability test procedures, if applicable, as defined in the latest P25 Compliance Assessment Bulletins for testing requirements. If such documentation is not available through the P25 CAP, agencies should obtain documented evidence from the manufacturer stating that all applicable tests were conducted in accordance with published P25 test procedures and successfully passed.1 Contact the P25 CAP at [email protected] for additional guidance.
1 Regardless of the status and availability of P25 CAP testing documentation, grant recipients should include comprehensive acceptance test plan(s) criteria in their procurement and contract documents. The manufacturer/vendor should verify the equipment or services are P25 standards compliant and interoperable with other equipment, features, functions, and capabilities. 566
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Q6. What will the federal agency issuing grant funding use to confirm equipment in my grant application is P25 compliant?
When reviewing grant applications, the federal agency will verify that proposed equipment purchases are P25 compliant by:
• Confirming the equipment to be purchased is on the P25 CAP Approved Equipment List. If the item is on the list, it is P25 compliant.
• Referring to the DHS Authorized Equipment List (applicable to DHS/Federal Emergency M
anagement Agency [FEMA] grants only). Note P25 standards may not be applicable to some items on this list.
• Reviewing the application package to confirm the applicant provided documentation from the m
anufacturer verifying the purchase is P25 compliant.

If the purchase cannot be verified as P25 compliant using these methods, the federal agency has the authority to request additional information, grant a waiver, or deny the purchase.

Q7. What if I want to purchase non-compliant P25 equipment? When a grant recipient wants to use federal funds to purchase equipment that does not align with P25 standards, the recipient should consult with the federal agency to determine if non-compliant P25 equipment is allowable. In such cases, written justification is often required.

Many agencies do not approve non-standards-based equipment unless there are compelling reasons for using other solutions. Funding requests to replace or add radio equipment to an existing non- compliant P25 system (e.g., new portable radios for an existing analog system) will be considered if there is a clear rationale for such equipment and written justification of how the equipment will advance interoperability and support eventual migration to an interoperable system. The written justification should also explain how that purchase will serve the needs of the applicant better than equipment or systems that meet P25 standards.

P25 Compliance for DHS Grant Recipients
Q8. DHS/FEMA requires its grant recipients to comply with the SAFECOM Guidance. As a DHS grant recipient, am I also required to comply with P25 standards? Yes, DHS/FEMA grant recipients are required to comply with P25 standards when purchasing LMR equipment. This requirement and other conditions specific to DHS/FEMA grant recipients are outlined in Appendix D of the SAFECOM Guidance. For additional information, reference the DHS Authorized Equipment List to determine allowable equipment types for individual grant programs. If the proposal includes any non-compliant P25 LMR equipment, DHS/FEMA grant recipients must apply for prior approval.
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P25 Compliance Resources
Q9. What resources should I use when applying for emergency communications grant funding? Grant applicants are strongly encouraged to work with their Statewide Interoperability Coordinator (SWIC). The SWIC should review the application prior to submission to ensure projects support the state or territory’s strategy to improve interoperable emergency communications. The SWIC should also confirm the funding request aligns with the latest versions of their Statewide Communication Interoperability Plan and the National Emergency Communications Plan, as these are vital plans to improving interoperability.

Q10. Where can I find more information about P25 standards and/or compliance? Grant recipients are invited to explore the wide range of information available from government and industry sources, including:
• P25 Suite of Standards for Land Mobile Radio: tiaonline.org/all-standards/committees/tr-8 • P25 Technology Interest Group: project25.org (Free registration required) • P25 Compliance Assessment Program: dhs.gov/science-and-technology/p25-cap • P25 Compliance Assessment Program list of approved radio equipment: dhs.gov/science-and- technology/approved-grant-eligible-equipment
• P25 Steering Committee’s Statement of P25 User Needs: cisa.gov/publication/p25 • Best Practices, Guidelines, and Considerations for Encryption:
cisa.gov/publication/encryption
• Best Practices for Planning and Implementation of P25 Inter-RF Subsystem and Console Subsystem Interfaces (ISSI and CSSI), Volumes I and II, and Primer: cisa.gov/publication/p25 • SAFECOM and the National Council of Statewide Interoperability Coordinators’ Land Mobile Radio Trio: LMR 101, LMR for Decision-Makers, and LMR for Project Managers:
cisa.gov/safecom/funding
About SAFECOM
SAFECOM was formed in 2001 after the terrorist attacks of September 11, 2001, as part of the Presidential E-Government Initiative to improve public safety interoperability, allowing emergency responders to communicate effectively before, during, and after emergencies and disasters.

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SAFECOM Guidance on Emergency Communications Grants

Since 2007, the Cybersecurity and Infrastructure Security Agency (CISA) has worked with SAFECOM members and federal partners to develop the annual SAFECOM Guidance on Emergency Communications Grants (SAFECOM Guidance) for entities applying for federal financial assistance of emergency communications projects. It provides guidance to state, local, tribal, and territorial government grant recipients on:
• Recommendations for planning, coordinating, and implementing projects • Emergency communications activities that can be funded through federal grants • Best practices, policies, and technical standards that help to improve interoperability • Resources to help recipients comply with technical standards and common grant requirements SAFECOM’s public safety practitioners and the National Council of Statewide Interoperability Coordinators develop SAFECOM Guidance and other resources to benefit the community, including a list detailing federal financial assistance opportunities, a funding mechanisms guide for public safety communications systems, system lifecycle planning guidance, and informational brochures such as sustaining land mobile radio and implementing Project 25 standards. The latest release of the SAFECOM Guidance and other funding resources are located on the SAFECOM website at cisa.gov/safecom/funding.

Applicable to All Federal Programs Funding Emergency Communications SAFECOM Guidance provides information on eligible activities, technical standards, and other terms and conditions that are common to most federal emergency communications grants. Grants are administered by numerous federal agencies and are subject to various statutory and programmatic requirements. Thus, grant recipients should review individual grant guidance carefully to ensure their proposed activities are eligible, and that all standards, terms, and conditions required by the program are met.

With the caveat to follow program requirements when applying for federal funding, SAFECOM Guidance is recognized as the primary guidance on emergency communications grants by the Administration, the Office of Management and Budget, and federal grant program offices. Best practices and technical standards located within the SAFECOM Guidance help ensure that federally- funded emergency communications investments are interoperable and support national policies.

SAFECOM Guidance address all types of emergency communications, including land mobile radio, data exchange, alerts and warnings, and Internet Protocol-enabled technologies such as public safety broadband and Next Generation 911 systems.

Compliance Requirements for DHS Grants
In 2015, the Department of Homeland Security (DHS) began requiring its grant recipients to adopt SAFECOM Guidance recommendations and comply with specific terms and conditions outlined in Appendix D, “Compliance Requirement for DHS Grants” of the document. While only DHS/Federal Emergency Management Agency grant recipients are required to comply with SAFECOM Guidance, all entities are strongly encouraged to follow its recommendations when developing applications for emergency communications grants.

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Emergency Communications Priorities
SAFECOM Guidance is designed to promote and align with the national goals established in the National Emergency Communications Plan, as well as other applicable Presidential Policy Directives, federal statutes, and regulations. SAFECOM members identified investment priorities to promote a consistent approach to improving emergency communications nationwide. State, local, tribal, and territorial government grant recipients are encouraged to target funding toward the following priorities:
❖ Priority 1: Governance and Leadership encourages:

Formalizing statewide governance structures and expanding membership composition to include the whole emergency communications community (e.g., public health, transportation, utilities, nongovernmental organizations).
❖ Priority 2: Planning and Procedures encourages:

Regularly updating strategic plans, considering the system lifecycle, and incorporating risk management strategies to protect against and mitigate disruptions to mission-critical communications.
❖ Priority 3: Training, Exercises, and Evaluation encourages:

Ensuring training and exercise programs to improve personnel’s ability to use all available resources and promote information sharing for multi-agency responses. ❖ Priority 4: Activities that Enhance Communications Coordination encourages:

Implementing the National Incident Management System to enhance coordination, developing procedures to support new technologies, and strengthening resilience and continuity of communications.
❖ Priority 5: Standards-Based Technology and Infrastructure encourages:

Supporting public safety requirements that drive research, development, testing, and evaluation of communications technologies and ensuring systems meet mission-critical needs and data interoperability.
❖ Priority 6: Cybersecurity encourages:

Developing and maintaining cybersecurity risk management and identifying and mitigating equipment and protocol vulnerabilities to enhance agencies’ cybersecurity posture.

Before applying for federal funding, SAFECOM Guidance recommends grant recipients review national and state plans, and coordinate with their statewide emergency communications leaders to ensure that proposals support current strategies. SAFECOM Guidance also provides information on changes in the emergency communications landscape and on federal grant requirements and restrictions to assist grant recipients in developing projects that are more likely to be awarded.

About SAFECOM
SAFECOM was formed in 2001 after the terrorist attacks of September 11, 2001, as part of the Presidential E-Government Initiative to improve public safety interoperability, allowing emergency responders to communicate effectively before, during, and after emergencies and disasters.

SAFECOM is managed by the Cybersecurity and Infrastructure Security Agency (CISA). Through collaboration with CISA, emergency responders, and elected officials across all levels of government, SAFECOM works to improve emergency response providers’ inter-jurisdictional and interdisciplinary emergency communications interoperability across local, regional, tribal, state, territorial, international borders, and with federal government entities. For additional information regarding SAFECOM, visit cisa.gov/safecom.
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CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES
FY
2023 State Homeland Security Grant Program
Grant
Number #2023-0042 CalOES ID# 107-00000
Subgrantee name: ____________________________________ Project: _________________

REQUEST FOR SOLE SOURCE PROCUREMENT AUTHORIZATION

1. Project name: _________________________ Project Budget: $__________________

2. Describe the project and/or activity that will be provided by the proposed sole source vendor/contractor.

3. Describe your organization’s standard procedures when sole source contracting is considered, including the conditions under which a sole source contract is allowed, and any other applicable criteria (i.e. approval requirements, monetary thresholds, etc.).

4. Indicate which of the following circumstances resulted in your organization’s need to enter into a sole source contract.
a. Item/service is only available from one source (Describe the process used to make that determination. Please provide details.)
b. A public urgency or emergency will not permit a delay resulting from competitive solicitation. According to the US Department of Homeland Security/FEMA, “Time constraints will not be considered a factor if the subgrantee has not sought competitive bids in a timely manner.” (Describe the urgency or emergency. Please provide details) c. After solicitation of a number of sources, competition was determined inadequate. (Describe the solicitation process that determined competition was inadequate. Please provide details, and attach any relevant supporting material, Request for Proposal, etc.)

5. Did your organization confirm that the contractor/vendor is not debarred or suspended?

6. Will your organization be able to complete all activities associated with the sole source contract by the end of the grant performance period?

7. Has your organization determined the costs are reasonable?

8. Please attach a copy of the cost benefit analysis prepared for this procurement.

Submitted by_________________________ __________________________ Date:_____________ (Name) (Signature)
571
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0078 Agenda Date: 3/18/2024 Agenda #: 6.

Agenda Item Wording:

Award of L&L Contract - Authorize the City Manager to award the annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant G to Elite Maintenance and Tree Service, Inc., not to exceed $101,461.14.

Deadline for Action: 3/18/2024
Submitting Department: Community Services
Contact Name and Phone Number: Zach Huff, Acting Urban Forestry Supervisor 713-4295; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Department Recommendation: It is recommended that the City Council authorize the award of an annual contract for landscape maintenance to Elite Maintenance and Tree Service, Inc., of Clovis, CA, in the amount of $101,461.14 to include a ten percent contingency of $9,223.74, per specifications of RFB 22-23-08. The initial agreement is for one-year, with an option to renew annually for 4 one-year periods based on performance.

Background Discussion:

The previous Quadrant G landscape contract expired on April 30, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.

Quadrant G is in the southwestern portion of the City, between S. Akers ST. to the west, W. Tulare Ave. to the north, S. Demaree ST. to the east, and W. Visalia Pkwy. to the south, and is one of the final two Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.

On January 11, 2024, and January 17, 2024, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.

On Tuesday, January 30, 2024, a non-mandatory pre-bid meeting was held in the City Council Chambers.

Contractors that did not attend at least one of these meetings were ineligible to submit bids for this contract.

During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.

On Thursday, February 15, 2024, the City received bids from five (5) contractors in the Bid Summary below.

Elite Maintenance and Tree Service, Inc., of Clovis, CA was the qualified low bidder for RFB 22-23-08 Visalia City Council Printed on 4/26/2024Page 1 of 3
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File #: 24-0078 Agenda Date: 3/18/2024 Agenda #: 6.

Landscape Maintenance of Quadrant G contract.
· Elite Maintenance and Tree Service, Clovis, CA $ 92,237.40 annually · Synthetic Grass Showroom, Clovis, CA $107,691.84 annually · Clean Cut Land Management Inc., Clovis, CA $111,193.44 annually · Perfect Care Landscape & Maintenance, Tulare, CA $112,977.48 annually · Brightview Landscape, Fresno, CA $116,110.92 annually With this contract some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency of $9,223.74 would be added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. Another change within the scope of work for landscape maintenance contracts going for three (3) tiers of level of service. This will enable City staff to reduce cost for districts where expenditures are higher than revenues, by reducing the intervals of service. (Please attachment Levels of Service) Elite Maintenance and Tree Services, Inc., is currently performing several landscape maintenance contract for the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant G at a “Level A” service.

This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’sLabor Compliance Manual which was a part of the specifications.

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon Visalia City Council Printed on 4/26/2024Page 2 of 3
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File #: 24-0078 Agenda Date: 3/18/2024 Agenda #: 6.
providing satisfactory performance and as mutually agreed.

Fiscal Impact:

The fiscal impact for RFB 22-23-08 Annual Contract for Landscape Maintenance of Quadrant G will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.

Recommended Motion (and Alternative Motions if expected):

Move to Authorize the award of an Annual Contract for Landscape Maintenance of Quadrant G, to Elite Maintenance and Tree Service, Inc., of Clovis, CA. for $101,461.14 annually per specifications of RFB 22-23-

08. Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Annual Contract for Landscape Maintenance of Quadrant G RFB 22-23-08, RFB 22-23-08 Addendum 1, Exhibits, Elite Maintenance and Tree Service, Inc. signed bid form, Levels of Service.

Visalia City Council Printed on 4/26/2024Page 3 of 3
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT G

Bid Submittal Deadline: Thursday, February 15, 2024, at 3:00 P.M.

Bids received after the time and date stated above shall be returned unopened to the bidder.

The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein.

The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.

Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.

Direct inquiries regarding clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretation, especially questions regarding contract requirements or regarding the scope of services, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected] or via fax (559) 713-4801. All questions must be received by 4:00pm on Monday, February 5, 2024.

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TITLE TABLE OF CONTENTS PAGES

I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 6 IV. Landscape & Lighting Maintenance Acreage Policy .............................................. 6 V. Contract Acceptance After Award ............................................................................ 7 VI. Scope of Work/Services ............................................................................................ 8 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance ...................................................................................... 11 C. Important Notice ................................................................................................... 22 D. Department of Industrial Relations Requirements ............................................... 22 E. City of Visalia Labor Compliance Manual ............................................................ 25 VII. General Conditions .................................................................................................. 25 A. Contracting Agency .............................................................................................. 25 B. Term of Contract .................................................................................................. 25 C. Pricing .................................................................................................................. 26 D. Approximate Estimate .......................................................................................... 26 E. Examination of Specifications and Site(s) of Work .............................................. 26 F. Discrepancies and Misunderstandings ................................................................ 26 G. Bid Forms ............................................................................................................. 27 H. Withdrawal of Bids ............................................................................................... 27 I. Disqualification of Bidders.................................................................................... 27 J. Opening of Bids ................................................................................................... 27 K. Incurring Costs ..................................................................................................... 27 VIII. Protests and Appeals ............................................................................................... 27 IX. Award and Execution of Contract ........................................................................... 28 A. Evaluation and Award of Contract ....................................................................... 28 B. Basis of Bid Award ............................................................................................... 29 C. References ........................................................................................................... 29 D. Cooperative Agreements ..................................................................................... 29 E. Contract Bonds .................................................................................................... 29 F. Failure to Execute Contract .............................................................................. 29 X. Control of Work ........................................................................................................ 29 A. City-Contractor Relations ..................................................................................... 29 B. Care of Existing Structures .................................................................................. 30 C. Existing Utilities .................................................................................................... 30 D. Labor .................................................................................................................... 31 E. Use of City Personnel and Equipment ................................................................. 31 F. Materials............................................................................................................... 32 XI. Measurement and Payment ..................................................................................... 32 A. Billing and Payments ........................................................................................... 32 B. Measurement and Payment ................................................................................. 32 C. City’s Right to Withhold Certain Amounts ............................................................ 32 D. Extra Work ........................................................................................................... 33 XII. Legal Responsibilities & Special Provisions ......................................................... 34 A. Assignment .......................................................................................................... 34 B. Termination of Contract ....................................................................................... 34 C. Rights and Remedies of City for Default .............................................................. 34 D. Permits and Licenses ........................................................................................... 34 E. Equal Employment Opportunity ........................................................................... 35 F. Ethics in Public Contracting ................................................................................. 35 G. Disclosure of Independence and Relationship .................................................... 35 H. Prevailing Wages and Labor Laws ...................................................................... 35 I. Insurance and Indemnification ............................................................................. 35 576

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J. Public Convenience and Safety ........................................................................ 36 K. Safety Orders .................................................................................................... 36 L. Hazardous Waste ............................................................................................. 37 M. Dust Abatement ................................................................................................ 37 N. Noise Levels ..................................................................................................... 37 O. Personnel Protective Equipment ...................................................................... 37 P. Right to Require Performance .......................................................................... 37 Q. Compliance with Laws ...................................................................................... 37 R. Venue ............................................................................................................... 37 S. Firearms ............................................................................................................ 37 T. Executive Order N-6-22 – Russia Sanctions .................................................... 38

Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid)

Exhibit A Bid Form ............................................................................................... 39-42 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 43 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 44 Exhibit B-3 Bid Guarantee ........................................................................................... 45 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 46 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 47 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 48 Exhibit B-7 Disclosure Forms....................................................................................... 49 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 50 Exhibit B-9 Iran Contracting Act Certification ............................................................... 51

Exhibit C Sample Contract (for information only, do not submit with bid) ................ 52 Attachment 1, General Contract Provisions ............................................. 55 Attachment 2, Standard Insurance Requirements .................................... 57

Separately Attached:

Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet

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I. DEFINITIONS

For the purposes of RFB NO. 22-23-08 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-08.

II. INTRODUCTION

The City of Visalia is requesting bids for landscape maintenance of an area identified as Quadrant G.

Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

This contract is for the maintenance of approximately 550,572 sq. ft. (12.503 acres) Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Award will be made to the lowest bidder whose proposal is deemed both responsive and responsible and meets the requirements and criteria set forth in this RFB.

A Non-Mandatory Pre-Bid Meeting has been scheduled for this project. Bidder attendance is encouraged but not required. at. Meeting will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:

Tuesday, January 30, 2024 at 9:00 A.M.

Time will be set aside at these meetings for Contractors to ask questions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected] or via fax: 559-713-4801.

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

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The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance contract: Notice is hereby given that this is a Public Works Maintenance Contract.

In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects to the Labor Commissioner.

Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.

Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations. The prevailing wages associated with this work are attached as Exhibit D-5.

The City of Visalia affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City of Visalia reserves the right to reject any or all bids.

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III. INSTRUCTIONS TO BIDDERS

1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.

2. Cross out and initial mistakes in ink and place the correct response next to same.

3. Timely submit Bid in a sealed envelope addressed and marked as follows:

From: Bidders Name & Mailing Address

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

In lower left-hand corner of envelope write or type: Landscape Maintenance Quadrant G RFB NO. 22-23-08

4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Submit each of the required Certifications, Affidavits, Assurances, Statements and Questionnaires as well as optional waiver(s) to the City with the sealed Bid. The city will not consider Bids which are not accompanied by the required completed forms.

6. Submit a copy of Bidder’s valid Pesticide Applicator’s License (QAL) Category B and a copy of Bidder’s valid Maintenance Gardener Pest Control Business License. If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL Category B) and a valid Maintenance Gardener Pest Control Business License, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.

7. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Department requests that all questions be submitted in writing via email [email protected] or via fax (559) 713- 4801.

Questions regarding this RFB are due no later than 4:00pm on Monday, February 5, 2024.

IIVV.. LLAANNDDSSCCAAPPEE AANNDD LLIIGGHHTTIINNGG MMAAIINNTTEENNAANNCCEE AACCRREEAAGGEE PPOOLLIICCYY

The City of Visalia enacted a Landscape and Lighting Maintenance Acreage Policy which applies to all Landscape and Lighting Maintenance Districts (Quadrants). This policy became effective June 19, 2023.

Landscape and Lighting Maintenance Acreage Policy
The objective of this policy is to achieve a high level of service for each City managed Landscape and Lighting District by following the parameters set forth.

1. Contractors will be allowed to bid on and maintain up to 60-acres of Landscape and Lighting Districts for the City of Visalia.

2. Contractors that have reached the Landscape and Lighting District 60-acre maintenance limit will be allowed to maintain acreage over 60-acres only when that overage is added to an existing landscape maintenance contract due to new construction or the reorganization of a new maintenance district.

This exception will only apply for the duration of the current maintenance contract.

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3. Landscape Maintenance contractors are limited to a maximum of 60-acres of territory in the City of Visalia. If a Contractor is not yet at the 60-acre threshold and wishes to bid on additional acreage the Contractor may bid on those. If, however, said Contractor is the lowest bidder for various Quadrants and award of those Quadrants would push his acreage over the threshold of 60-acres, the Contractor will be allowed to select which Quadrant he wishes to be awarded, and that would keep the contractor at, or below the 60-acre limit. The remaining Quadrants will be awarded to the 2nd lowest bidder (provided that Bidder is also under the 60-acre threshold and meets all other specifications)

4. Bids received from contractors to maintain additional Landscape and Lighting Districts that currently have Landscape and Lighting District maintenance contracts with the City of Visalia will not be accepted if the acreage places the contractor over the 60-acre limit.

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Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summarizing the status of the current landscape conditions and irrigation system along with a cost estimate to make the necessary corrections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to review the current landscape and irrigation conditions of the project work areas and agree to a resolution and approval of the project areas. The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irrigation system and must be executed by the Contractor as stated below.

Acceptance of contract will be done in phases:

Phase 1: 10 acres or less the contractor will have (30) thirty days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.

Phase 2: 10 to 20 acres the contractor will have (60) sixty days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (5) five months of contract providing all material receipts and labor costs as agreed.

Phase 3: 30 or more acres the contractor will have (90) ninety days to inspect all areas and provide summary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (6) six months of contract providing all material receipts and labor costs as agreed.

At least sixty (60) days prior to the renewal of the contract a revised statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’s project manager and executed by the Contractor.

The City will conduct regular inspections of the landscaping work by the Contractor and issue observed “Out of Compliance” reports to the Contractor. The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those observed areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all areas maintained by the contractor are compliant as outlined in the contract.

Sixty (60) Days prior to annual contract renewal or termination of contract, all landscape repairs and replanting requested by the City’s Project Manager must be complete. Any work left in an unacceptable condition will be cause for delay of final payment to Contractor until such time as the City has repairs and replanting completed.

Final payment will be reduced by the cost of these repairs and replanting. 581

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VVII.. SSCCOOPPEE OOFF WWOORRKK//SSEERRVVIICCEESS

A. STANDARD REQUIREMENTS AND LEVEL OF SERVICE
Maintenance of areas must include if applicable, but not be limited to, pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duties required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.

LEVELS OF SERVICE
The City of Visalia prefers the highest level of service for all areas of the Quadrant. Most areas in all Quadrants have funding that can support the highest level of service. However, there are rare instances when the available funding in a particular area of a Quadrant will require the City to reduce the costs for that area by reducing the level of service (frequency of service) for that area. Therefore, the City of Visalia reserves the right to assign a service level of less frequency (Level B or Level C Service) to specific areas of a Quadrant when City deems necessary.

The City will provide the Contractor with 30 days advance written notice listing the area and square footages for which service shall be reduced and the effective day of service reduction. City will also automatically reduce the contract payment amount for those specific areas according to the table below which shows the reduction for Level B and Level C.

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which Contractor’s
price will be
reduced
A Once per week intervals 52 -
B Two-week intervals 26 25%
C Once per month intervals 12 33%

1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional standards of the landscape maintenance profession, using qualified and experienced personnel and high-quality equipment and materials.

The specifications and standards must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.

2. Working Day. The contractor's activities must be confined to the hours between 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.

 No normal and routine maintenance operations that cause excessive noise shall be performed before 7:00 a.m.

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 All or some locations may require blowing of parking lots and other hardscape areas prior to normal business hours of 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.

Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter

8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

3. Company Identification.

 All employees must wear uniforms or other identifying clothing, to make clear to all observers that they are employed by the contractor.

 All vehicles (trucks, etc.) used in the course of fulfilling this contract shall have appropriate company identification, visible to all observers, to identify vehicles as being owned by the contractor.

4. Professional Conduct. Contractor and contractor’s employees must conduct themselves professionally at all times in public and when dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public areas while performing work under this agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.

5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the contractor shall immediately inform the Project Manager of the concern (including the resident’s name and phone number if possible), and what action was taken or will be taken by the contractor to address the concern.

Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damages assessment or contract termination. The amount of damages for these types of issues is difficult to estimate, therefore a $100 liquidated damages assessment (per incident) shall represent costs incurred by the City in responding to complaints concerning the Contractor.

6. Mowing All Turf areas covered by this contract shall be mowed at the intervals established by the Level of Service assigned to the area (Level A, Level B or Level C Service).

7. Watering. Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.

Contractor shall follow the City’s and State’s water regulations. There will be a liquidated damage assessment of $100 per incident or termination of contract if multiple or gross violations occur in recognition of the importance of water conservation. The amount of damage for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to complaints concerning the Contractor.

8. Signage. All regulatory park, street, and traffic signs, trail head signs, city information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.

9. Chemicals. The City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after award of contract at least thirty (30) days prior to usage by Contractor for any chemicals while performing this contract.

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Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue. Contractor shall not use pesticides in Category 1 (no chemicals with LD50 levels lower than 500 mg/km).

These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.

Pesticides in Category II may be used with the authorization of the Project Manager.

Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and location of all chemicals used. If no chemicals are used, then the report must still be submitted indicating to the City that no chemicals were used.

10. Fertilizer. Short release fertilizer: Only commercial fertilizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16-6-8 would be nitrogen coming from an ammonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slow- release nitrogen source.

Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed.

11. Clean-up. All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as bottles, cans, trash and paper and other yard waste.

All trash and debris are to be removed and disposed of at intervals established by the Level of Service assigned to the area and at the contractor’s expense.

12. Emergency Response. Contractor must be able to respond immediately to emergencies.

Emergencies are generally construed as those events that in the opinion of City staff constitute an immediate danger or hazard to property or persons, or that significantly violate water conservation requirements. If the emergency condition is identified and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must respond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the following working day.

Contractor must provide some acceptable method by which contact can be made in case of emergency, i.e., paging system, cell phone, etc. and shall also provide a method by which non- emergency messages can be received during the workday, i.e., phone messages, email, etc.

13. Reporting and Inspections

Status Reports
a. A written report is to be prepared by the Contractor and given to the Project Manager monthly. The report shall include a description of unusual circumstances, locations of any homeless encampments that are found in areas being maintained by the Contractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Manager is to be called immediately. Failure to provide a report may result in a $100 penalty per incident or termination of contract if multiple incidents are noted.

The reports are important especially if they are safety hazards. Amount of damages for these types of issues are difficult to estimate. Therefore, $100 per incident shall represent costs incurred by the City in responding to complaints concerning the Contractor.

b. The Contractor must schedule a meeting with the Project Manager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meeting, Contractor or Contractor’s supervisor shall sign the meeting 584

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attendance and inspection reports prepared by the City, provide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable problems, schedule changes and goals and deadlines for the coming month. The Project Manager shall discuss areas out of compliance and options to bring areas back into compliance with contractor. Project Manager shall discuss any penalties with the Contractor and/or intensions to withhold payment of invoices. Project Manager shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of contract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.

c. The Project Manager shall report any maintenance deficiencies to Contractor.

Contractor must correct any deficiencies at Contractor’s cost within five (5) working days of written notification. Unusual horticultural problems such as pests, disease, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the attention of Project Manager.

d. A Chemical Use and Proposed Work Report must be completed for each chemical application and proposed application. These reports shall be submitted each month during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident. The amount of damage and costs to the City for these types of issues is difficult to estimate and therefore, $100 shall represent costs incurred by the City in responding to incidents where the City was unsure of what chemicals were applied by the Contractor. The Contractor is responsible for submitting chemical usage reports to the County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.

e. Monthly Irrigation Inspection reports (described below), irrigation schedule changes, and contractor signed landscape inspections from the City must be submitted with monthly invoice before payment will be made. Failure to submit all reports may delay the City’s payment to Contractor.

B. LANDSCAPE MAINTENANCE – SPECIFICATIONS

1. Irrigation. Irrigation must be done with the use of automatic or manual sprinkler systems where available and operable, unless outlined in the initial acceptance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections. Failure of an existing system to provide full and adequate coverage after Contractor signs Notice of Acceptance shall not relieve the contractor of the responsibility to provide proper coverage of all areas. Providing any supplementary hoses, sprinklers, nozzles, etc. necessary to accomplish proper coverage shall be the contractor's responsibility. Exclusions will be identified in description of areas and will be addressed with Contractor during initial inspection.

Original brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

Contractor is responsible for all repairs to the irrigation system starting at the City side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.

a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growth, prevent dry spots in turf, plants, and 585

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shrubs, and prevent excessive run-off into streets or other areas not intended to be irrigated. Care must be taken to prevent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.

The contractor shall keep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten, raise, or lower the following sprinkler system components:

 Sprinkler heads
 Sprinkler risers
 Quick coupler valve boxes
 Hose bib boxes
 Remote control valves
 Remote control valve boxes and covers
 Maintain and replace batteries in battery operated controllers on a continual basis
 All irrigation wiring should be maintained to City standards including proper splices using DBR/Y-6 splice kits
 Proper solenoid replacement should be completed with dry and tight connections  Minor graffiti removal from irrigation controllers
 Controllers to be kept free of all plant materials, spiders and webs, and any other material that could cause the controller to be non-accessible or damaging to the controller

If contractor fails to keep sprinkler nozzles properly adjusted/aligned to prevent water waste, repair or replace malfunctioning, broken or missing sprinkler heads and/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount of water in addition to assessing a liquidated damage assessment of $100 per incident. Because It is difficult to estimate the potential losses in water and the costs for City response time to complaints from residents, $100 has been established as a reasonable assessment.

The Contractor shall prepare a written Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor). The report shall describe any irrigation schedule changes, malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made.

b. Inspection. The contractor must inspect all irrigation systems for any malfunction on an interval established by Level of Service assigned for the area. This must be accomplished by utilizing a remote-control receiver to place the controller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation valves, heads, leaks and washouts, saturated areas or dry spots.

Contractor must notify Project Manager within twenty-four (24) hours of any malfunctions.

Failure to provide notice to the Project Manager may be cause for liquidated damage assessments of $100 per incident or termination of contract. Because It is difficult to estimate the potential losses in water and the costs for City response time to investigate complaints from residents, $100 has been established as a reasonable assessment.

Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.

Excessive water run off or overflow onto hard surface areas must be kept to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities.

Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to 586

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repairs may be cause for liquidated damage assessment of $100 per incident or termination of contract if multiple breaches occur.

Water leaks or stations must be turned off within two hours (2 hrs.) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Response as stated in this Agreement.

Twenty-four (24) hour fixit notices will be sent to contractor via email. Failure to comply may result in liquidated damage assessments to the Contractor of $100 per incident, unless the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.

Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation systems shall be made by a Public Works Department representative. Any repairs deemed the contractor's responsibility must be made by the contractor prior to the end of the contract period.

If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies determined by the Project Manager.

c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work performed under this contract must be repaired or replaced in kind and in an approved manner by the contractor. Repairs must be made immediately after damage occurs, unless otherwise directed. Vandalism will be documented by the contractor with the use of digital photos or video tape and supplied to the Project Manager as proof of vandalism. The preferred method of transmission of photos would be digital photos transmitted via email. Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.

The contractor shall keep an itemized list of material(s) used to repair vandalism damage and submit to Project Manager for reimbursement of materials only.

 Normal Repairs = Contractor is responsible for all normal repairs (i.e. Main line (including from water service meter to the back flow), valves, control wires, sprinklers, nozzles, lateral lines, etc.) The City is not responsible for any repairs needed past the irrigation controller. The backflow devices annual maintenance/testing will be the responsibility of the City of Visalia. All normal repairs are the sole responsibility of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.

 Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contractor to repair and make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager prior to any work being done. Contractor is responsible to report in writing any issues with these devices to the Project Manager for authorization to repair or replace.

Failure to complete repairs in the allotted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billing and may be grounds for termination of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.

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d. Turf Watering. All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green, healthy growth pattern and promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statement). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run-off into street. Care shall be taken to not over water or waterlog any soil. Contractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each time the schedule is changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.

Water applications on turf and ground cover areas shall generally be applied between 12:00 a.m. and 6:00 a.m. where possible, to lower the risk of fungus in turf. Drip stations may be operated during daytime hours.

e. Water Schedule. Turf and landscape watering shall be scheduled in accordance with prevailing water conservation requirements, and unless otherwise specified shall be scheduled Tuesday through Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be set up so that no water is applied to turf 48 hours prior to mowing. Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.

Contractor will be responsible for any fines associated with not following the City’s Water Conservation Rules and Regulations.

A proposed quarterly schedule of watering shall be provided to the Project Manager one (1) month after award of contract. Each time the schedule is changed a new updated schedule must be provided to the Project Manager.

f. Ground Cover. Sufficient amounts of water shall be applied to ground cover areas to maintain a healthy growth pattern and promote deep rooting. Care shall be taken to not over water or waterlog soil.

g. Banks and Slopes. Sloped landscape areas shall be irrigated in short cycles as required to prevent water runoff, and to maintain horticulturally acceptable growth and color.

Irrigation practice is to promote deep root growth with a minimum of run-off.

h. Shrub and Trees. All shrubs and trees shall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water.

Irrigation rates shall be adjusted according to shrubs or tree types and seasonal weather conditions. Deep watering for root growth is encouraged and surface run-off is to be kept at a minimum.

i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy growth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s responsibility to contact the City’s Water Conservation Division to get a twenty-one (21) day establishment permit for any additional irrigation that will be needed for newly planted plant materials.

j. Remote Control Receiver. Upon contract commencement, the contractor is required to have a radio-frequency ready remote-control receiver that is compatible with all major irrigation systems. It is the responsibility of the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Visalia will supply the contractor with the Toro Sentinel remote control to use for the duration of the contract. The Toro Sentinel controller(s) shall be returned to the City at the conclusion of the contract.
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Continuous activation of valves by manual solenoid or bleeding valve stem can be damaging to the fragile irrigation mechanisms. The remote control allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.

2. Weed Control.

a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place.

 Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including lawns, planter areas, median islands, and tree wells shall be kept weed free at all times.

 Complete removal of all weed growth is to be accomplished by the Level of Service assigned to the area. Weeds may be controlled by mechanical methods, or chemical methods at the discretion of the contractor.

 Weeds reaching height or width of four inches (4") shall be physically removed from landscaped areas.

 Seedlings growing out of desired landscape plants shall be removed and chemically treated to terminate the growth of the undesirable seedling.

b. Use of Chemical Herbicides. The contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding the safe application of herbicides under this contract. Care shall be taken to ensure the safety of the public and the contractor's employees during chemical weed control operations. The Project Manager may restrict the use of chemical weed control in certain areas. Pesticide Applicators License is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager.

Failure to provide documentation of active license may result in a liquidated damage assessment or termination of contract.

Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.

3. Diseases and Pest Control. The contractor must regularly inspect all landscaped areas for the presence of disease, insect, or rodent infestation. The contractor shall notify the Project Manager within three (3) days of finding such a condition, outlining identification and control measures to be taken. Upon approval of the Project Manager, the contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and contractor's employees.

a. Use of Chemical Pesticides. All rules of the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relations regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along with a valid Maintenance Gardener Pest Control Business License are required to apply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms.

b. Rodent Mounding. Mound of soil in turf and planter areas caused by rodent activity shall be raked down at the intervals established by the Level of Service assigned to the area, to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to the maintenance areas will be free of any soil mounds or erosion caused by rodents.

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c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (gopher, squirrel, and other pest) activity, and initiate control measures at the intervals established by the Level of Service assigned to the area. Contractor must fill all rodent holes in areas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.

4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing condition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promotes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance growth. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All debris from trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall be removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants.

a. Growth Control. Plant growth shall be kept within reasonable bounds to prevent its encroachment into walks, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.

All shrubs and plant growth in planter areas along walls are to be maintained to a height no greater than four feet (4’) and kept from blocking any subdivision, safety signage, and overhead or landscape lighting.

All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.

Mature tree canopies must be maintained above eighty-four (84) inches above soil grade for site line visibility. Newly planted, young or non-mature trees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.

Pruning is to be done in a manner that promotes the plant's natural growth characteristics.

Small shrubs and groundcovers must be kept below thirty (30) inches at road level to allow for visual site of oncoming traffic.

b. Removal. All dead, dying, or damaged plants (including trees) and any branches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed of at the intervals established by the Level of Service assigned to the area. Hauling and disposing of said debris must be included in bid price. Dead stems of daylily, agapanthus, and similar plants shall be removed on a monthly frequency. Dead leaves around base of plants shall also be removed on a monthly basis.

c. Trees. The contractor is responsible for removal of suckers, limb growth that inhibits site line visibility of any traffic, and all pruning that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.

All trees are to be maintained in their natural shape, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees natural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Standards; all cuts shall be made cleanly with no stubs or projections remaining.

No weed whackers or hedging type tools shall be allowed to trim and maintain trees. The use of improper tools and techniques resulting in the negligent and irresponsible care of trees or plants, thus causing damage to trees or plants and resulting in the need for the 590

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Project Manager to hire outside services to correct the damage will result in those costs associated with the corrections being deducted from the Contractors monthly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.

Canopy clearance above sidewalks, bikeways, and other pathways of 10'0" is to be maintained for pedestrian safety.

All regulatory street and traffic signs must be clear of tree and plant growth at all times for sight clearances.

Clippings must be picked up, hauled away, and disposed of by the Contractor immediately and appropriately.

Leaves in planter areas shall be removed on a monthly basis. In addition, during seasonal drop leaves will need to be removed off of walkways as needed for safety. Fallen leaf material shall be removed off the plants regularly to allow for proper plant growth.

Newly planted trees that do not have trunk caliber sufficient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tree stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.

Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.

Trees damaged by maintenance equipment shall be replaced by contractor with like size and species. Contractor is responsible for all costs related to replacement.

Maintenance shall include the removal of dead trees, limbs, and dead leaf material at the intervals established by the Level of Service for that area. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.

Young or new trees along trails, paths, riparian landscapes, Landscape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) years of the trees life within the landscape. Stakes must be removed when tree has sufficient strength to support itself. These costs are to be factored into the planter costs. Project Manager will instruct contractor when tree stakes are to be removed. Contractor is responsible for the proper disposal of all pressure treated wooden tree stakes. All metal stakes in good condition must be taken to City of Visalia, Corporation Yard for storage.

The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, leaning, having hanger limbs, or in some manner constitutes a safety hazard. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the losses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.

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d. Shrubs. All shrubs must be trimmed to prevent encroachment onto walks, passageways, streets, curbing, and trails to allow for safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street and traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.

5. Fertilization. Fertilization will be performed on an as needed basis as requested by the Project Manager. Project Manager will request separate pricing for fertilization when it is required. A slow- release fertilizer will be applied when fertilizer is requested by Project Manager.

When fertilizer is applied as needed, to maintain healthy and vigorous plants: The City anticipates that primarily nitrogen will be deficient in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Analysis of fertilizer shall be approved by the Project Manager prior to application.

All turf fertilizer shall be watered in thoroughly within two (2) hours of application.

Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manager shall submit to the Contractor, a schedule showing sites to be fertilized.

The Contractor shall submit to the Project Manager a schedule showing the dates and approximate times of fertilizer applications. Timing or number of sites fertilized per day or week shall not be set up to preclude normal on-site maintenance work.

Once the Project Manager has requested that fertilization is necessary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be submitted to the Project Manager with monthly invoice.

Note: Subject to approval of the Project Manager, fertilization may be altered by use of slow- release fertilizers such as Woodace containing IBDU formula.

6. Replacement of Plant Material

a. The contractor must notify the Project Manager within three (3) days of discovery of loss of turf, shrub, ground cover, or tree material due to any cause.

b. The contractor must supply all labor and materials to replace any tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.

Trees, shrubs, or turf that are damaged or lost through disease, insect infestation, or rodents, that could have been prevented with reasonable ordinary care by the Contractor shall be the responsibility of the Contractor.

Contractor is not responsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to Contractor faulty maintenance or negligence shall be determined by the Project Manager.

The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.

In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines.

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c. Any plant damaged or lost through fires, storms, or water restrictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of the Contractor (as determined by the Project Manager), shall be replaced in kind and size at the Project Manager’s direction. The Contractor will perform the work and the City will pay for the Contractor’s labor at an hourly rate established in this contract and pay for replacement materials at COST plus 10%.

From time to time it may be necessary or desirable to replace some plants to enhance the overall appearance of a site. Any such replacements will be at the Project Manager's decision. The Contractor will perform the work and the City will pay for the Contractor’s labor at contract rates and cost of replacement materials. All landscape repairs and replanting requested by the City’s Project Manager must be completed according to a date agreed upon in writing between the City Project Manager and Contractor.

The Contractor shall supply itemized labor hours and material cost invoice(s) with monthly invoices in order to be reimbursed for plant replacement.

7. Turf Maintenance

a. Mowing. The turf must be mowed and edged at the intervals established by the Level of Service assigned to the area during its growing season in order to maintain a neat appearance and healthy growth. If weather conditions do not permit regular mowing, longer intervals may be observed by Project Manager with notice from Contractor.  Contractor shall never mow turf when it is in a wet, saturated condition that would cause rutting, tearing or sliding on the turf surface or when it could be unsafe for Contractor’s employees to operate equipment.
 All lawn areas in this contract must be mowed with power-propelled reel or rotary- type mowers.
 All mowers must be cleaned prior to each mowing to avoid possible weed invasion.  Mowers must be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
 Turf must be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will be strictly adhered to, including cases of steep turf slopes.
 Blades must be kept sharp at all times to prevent turf damage.  Mowing patterns must be changed for each mowing service or as often as necessary to avoid rutting.
 Turf must be kept at a uniform height that is recommended for that particular type of turf grass.
 Grass clippings must be removed promptly and disposed of at the Contractor’s expense unless they will dry and drop beneath the growing level of the turf within twenty-four (24) hours.
 Recycling cutting decks that provide an acceptable cut may be used if written approval of Project Manager is obtained prior.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. Contractor shall be responsible for repair of damage caused by its mowing or other activities.

Contractor shall take great care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroyed and shall be replaced at the Contractor’s expense with like species and size.

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b. Mowing Height All turf, except Bermuda, must be maintained at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.

Fescue height shall not exceed three and one half inches (3 ½”).

Common Bermuda must not exceed two inches (2”) in height.

Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed within areas assigned at a level A Service.

All turf areas shall be mowed at the intervals established by the Level of Service assigned to the area on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.

During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance within areas assigned at a Level A Service.

All turf areas shall be maintained at a level that will ensure a healthy, green color and uniform growth.

c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid- November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor will notify the Project Manager of the application dates and provide a schedule of areas treated as completed.

d. Edging. All turf adjacent to improved surfaces shall be edged a minimum of once every mowing. Unimproved surfaces between turf and planter areas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.

String trimmers, a.k.a. weed eaters, shall not be used around trees.

e. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operation. It is the responsibility of the Contractor to remove these items immediately and dispose of them appropriately.

f. Turf grass seeding. Turf grass seeding will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus.

g. Renovation. Renovation will be done on an as-needed basis when requested by Project Manager. Project Manager will furnish square footage and locations for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.

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Turf renovation to remove accumulated thatch from all sites under this contract must be accomplished by power raking or dethatching rakes on turf (care shall be taken so turf is not damaged).

A schedule of equipment to be used by the Contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.

Refuse generated by renovating shall be removed not later than the day following the operation.

h. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately from this contract.

Contractor shall provide Project Manager a quote for work prior to work being started.

Contractor shall not perform work without Project Manager’s approval of quote.

Project Manager will furnish square footage and locations for aerification.

8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines.

a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.

b. Groundcover beds shall be periodically edged to keep them in their intended space.

Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.

c. Groundcover plantings shall be periodically thinned and pruned for vigorous growth and overall appearance of the site.

d. Groundcovers in median and other Right of Way areas must be trimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety.

e. Wall covering of Ficus Pumila and other vines, will be trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as needed. Wall coverings shall not be allowed to grow over the top of the wall.

9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and other hardscape areas (i.e.

Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.

All areas covered by the contract must be kept free of debris and potential safety hazards generated by but not limited to, leaves, grass clippings, pruning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash, paper, and other yard waste. All trash and debris are to be removed and disposed of at the intervals established by the Level of Service and at the contractor’s expense.

Note: If and when using a blower or other power equipment, Contractor shall comply with the City’s Municipal Code 8.36.050 Exterior noise standards--Mobile noise sources prohibition against use. It is unlawful to operate any of the below-listed devices, appliances, equipment, or vehicles on public or private property abutting noise sensitive land uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m.

a. Power-assisted leaf blowers, lawn mowers, edgers, or other power equipment used for the maintenance of property;

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b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;

c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.

Refer to Exhibits D-1 and D-2 for square footages and locations.

C. IIMMPPOORRTTAANNTT NNOOTTIICCEE
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Bidders are cautioned that any statements made that materially change any portion of the bid documents shall not be relied upon unless subsequently ratified by a formal written amendment to the bid document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to notify all prospective vendors who have secured same.

However, it will be the responsibility of each vendor, prior to submitting the competitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.

D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements

This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.

All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after will be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b) (1) as a pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.

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 As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.

 As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

 As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html.

 The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

 In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

 In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.

o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.

 The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:

o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.

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o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

o As set forth in CLC section 1775(b) (3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

o As set forth in CLC section 1775(b) (4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.

 In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

 Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.

 Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.

 The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).

 As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:

o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.

o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.

o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.

o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.

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 The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

 As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:

http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp

EE.. CCIITTYY OOFF VVIISSAALLIIAA LLAABBOORR CCOOMMPPLLIIAANNCCEE MMAANNUUAALL Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into this RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.

VVIIII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS

AA.. CCOONNTTRRAACCTTIINNGG AAGGEENNCCYY
The contract resulting from this Invitation to Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

BB.. TTEERRMM OOFF CCOONNTTRRAACCTT
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin on the first of the month immediately following the written Notice to Proceed or as scheduled between City Project Manager and Contractor.

The City will be presumed to request renewal unless the City delivers a thirty (30) day written notice of non-renewal to the Contractor prior to the renewal date.

If Contractor decides not to consent to renewal by the City, then they must provide the City Project Manager with a written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, Contractor shall transfer to City any funds and/or accounts receivable on hand attributable to the use of CITY funds.

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CC.. PPRRIICCIINNGG
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S.

City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

DD.. AAPPPPRROOXXIIMMAATTEE EESSTTIIMMAATTEE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the City of Visalia does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portions of the work, as the City may deem necessary or advisable, at the prices bid.

EE.. EEXXAAMMIINNAATTIIOONN OOFF SSPPEECCIIFFIICCAATTIIOONNSS AANNDD SSIITTEE OOFF WWOORRKK Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.

If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.

Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.

Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.

FF.. DDIISSCCRREEPPAANNCCIIEESS AANNDD MMIISSUUNNDDEERRSSTTAANNDDIINNGGSS No bidder shall, at any time after the submission of a proposal, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage where he recognized such error, inconsistency, or omission and knowingly failed to report it to the City.

The contractor will bear no liability for any errors that he discovers and reports to the City.

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The bid documents (including all attachments and addenda), Bidder’s response to RFB, contract, and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.

GG.. BBIIDD FFOORRMMSS
The City has furnished to each bidder a standard bid form, which, when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.

All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.

All bids shall be submitted in a sealed cover and plainly marked as a bid and identifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disregarded. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.

When bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to opening bids or shall be submitted with the bid; otherwise, the bid will be rejected as irregular and unauthorized.

HH.. WWIITTHHDDRRAAWWAALL OOFF BBIIDDSS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid may be withdrawn after the time fixed in the public notice for the opening of bids.

II.. DDIISSQQUUAALLIIFFIICCAATTIIOONN OOFF BBIIDDDDEERRSS Only one bid may be submitted as a “prime contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submit sub-bids to other competing prime contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.

JJ.. OOPPEENNIINNGG OOFF BBIIDDSS
Bids will be publicly opened at the time, date and place indicated in the Notice Inviting Sealed Bids.

Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount will be read aloud. A bid summary will be prepared at that time. No other information will be provided until after bids have been fully examined and accepted. No bids will be received, nor considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.

KK.. IINNCCUURRRRIINNGG CCOOSSTTSS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.

VVIIIIII.. PPRROOTTEESSTTSS//AAPPPPEEAALLSS
Because it is essential that bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer bidders the opportunity to appeal award of contracts.

The following procedures shall apply in regard to appeals:

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1. Any actual bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and

2. Should identify only the areas regarding big contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to bidder in writing within five (5) working days of receipt of the appeal unless the bidder is notified more time is required.

4. Further levels of appeal may be made in accord with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

IIXX.. AAWWAARRDD AANNDD EEXXEECCUUTTIIOONN OOFF CCOONNTTRRAACCTT

A. EVALUATION AND AWARD OF CONTRACT

The City of Visalia reserves the right to reject any or all bids; to waive any irregularities or informalities in any bid or the bidding process.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by or investigation of such proposer fails to satisfy the City that such bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other money due to the City of Visalia.

The award, if made, will be made within ninety (90) days from bid closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:

1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should contractor be awarded contract, contractor shall not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.

4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the contractor, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Contractor shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract 602

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or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor agreed to supply, shall be borne and paid for by the contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Contract shall be in the form of a City of Visalia Purchase Order and attachments of the bid documents, all addenda that were issued, the Contractor’s bid in response to the RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.

6. Contractor is to sign a notice of acceptance (NOA) within 30 days of notice to award contract.

Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.

B. BASIS OF BID AWARD
Award of bid(s) shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the specifications and qualifications listed in bid document.

C. REFERENCES
Where indicated on Bid Forms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.

D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement at the same prices, terms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contractor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.

It shall be the successful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.

E. CONTRACT BONDS
Required Contract Bonds: The Awarded Bidder will be required to provide to the City of Visalia with a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”.

The Performance bond shall remain in force for the duration of the contract. It shall be updated annually and as needed during the contract year due to additions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder, the second lowest responsible or third lowest responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal holidays, after such bidder has received notice that the contract has been awarded to him may be just cause for the annulment of award.

XX.. CCOONNTTRROOLL OOFF WWOORRKK

A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done under the general supervision of the project manager or his designee(s). The contractor shall bear all responsibility for, and have all control over, in accordance with the bid specifications, the means, methods, techniques, sequences and procedures of the work and safety precautions or programs, and the project manager shall not have 603

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control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordance with the contract documents. The project manager has the right to reject work that does not conform to the contract documents. The project manager shall decide any and all questions which may arise as to the quality and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the Contract on the part of the contractor.

Project Manager’s Decisions. All claims of the contractor shall be presented to the project manager for decision that shall be made in writing within a reasonable time. All decisions of the project manager shall be final except in case which time and/or financial considerations are involved, which may be subject to rulings from the City Attorney.

Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the prosecution of work, or failure on the part of the contractor to carry out the provisions of the contract. The contractor shall not suspend operation without the project manager’s permission.

Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for the work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omissions of his employees. The contract documents shall not be construed as creating any contractual relationship between any subcontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.

Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.

B. CARE OF EXISTING STRUCTURES
The contractor shall be liable for all damage done to any structure arising through his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.

Care shall be taken not to move, without the consent of the City Engineer, any sewers, drains, culverts water service, pipes, poles or other structures.

C. EXISTING UTILITIES
Contractor’s attention is directed to the possible existence of utility services and other underground improvements. All reasonable precautions shall be taken to preserves and protect any such improvements. The contractor shall notify the project manager and Underground Service Alert companies of proposed locations and times for any and all excavations.

1. Prevention. Contractor shall be responsible for locating and preventing damage to known utilities.

The contractor shall notify the owners of all utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pothole or otherwise expose all non-City owned high-risk underground facilities. If damage occurs to a known utility, the contractor shall repair utility at no additional expense to the City of Visalia.

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2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performed. Contractor is to furnish written quotation prior to commencement of work.

3. Connections. The contractor shall not make connection to, or draw water from, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of said fire hydrant or pipeline, and from the private or public agency owning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a meter, if required by said authority, of a size and type acceptable to said authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.

D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this contract satisfactorily and on schedule. All personnel are to be physically able to perform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed on the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.

Qualifications of Employees

1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.

2. The contractor and all employees shall conduct themselves in a proper and efficient manner so as to cause the least annoyance to the public. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.

3. Do not allow employees to work whose ability or alertness is impaired because of drugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.

4. Operators of vehicles and equipment shall be able to understand signs, signals, and operating instructions, and be capable of operating such equipment. Contractor shall provide operating instructions for all equipment. Newly hired employees shall be individually tested by an experienced operator or supervisor to determine if they are capable of safely and efficiently operating equipment.

All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.

E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visalia shall not furnish personnel to assist the contractor in performance of the contract. The contractor understands that any offers of assistance by City Personnel are unauthorized and the contractor shall not accept such offers.

City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. The remote and keys need to be returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.

Contractor understands that any offers by City of Visalia Personnel to use City equipment for loading, processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.

Contractor shall be billed for City personnel labor, equipment, and materials whenever City forces are called upon to repair damage caused by the contractor in the performance of work associated with this contract.

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F. MATERIALS
Contractor shall furnish and use, at his own expense, all materials, labor, tools, equipment and transportation necessary to provide contractual Landscape Maintenance for the areas identified in this RFB.

All vehicles utilized to carry out contracted work for the City shall be in compliance with the State of California emission inspection program.

XXII.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT

A. BILLING AND PAYMENTS
Contractor is fully responsible for assuring that all services arising from the agreement are billed the correct and applicable contract rate. The contractor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur. The City will routinely audit bills generated.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

B. MEASUREMENT AND PAYMENT
The contractor will be paid monthly in arrears for work satisfactorily performed under this contract. After completed work has been inspected and approved, payment will be made in no more than thirty (30) working days.

Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet

C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:

 Payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract and as a result of contractor’s failure to properly make payments to its subcontractors or suppliers.

 Claims filed or reasonable evidence indicating the probable filing of claims. The City shall disburse and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom.

The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.

 Work required in the specifications which is not performed or is incomplete or for defective work not remedied.

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 When Contractor is out of compliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor’s payment shall be made. Downward adjustments will be made for incomplete and /or unsatisfactory work or non-performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate used by the City will be the square footage descriptions contained in Exhibit D-1 (or as that document is amended if additional areas are added during the term of the Agreement) and then adjusted based on the Unit Price provided by the successful bidder.

Areas with Planters and Turf:

Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear 5% 25% 20% 25% 15% 5%

Areas with only Planters:

Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%

 If an inspection by City indicates an area is out of compliance, the City shall:

o Notify the Contractor in writing of the area that the inspection showed was incomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur.

 If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.

 If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by City forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.

 The City reserves the right to assess a $100 liquidated damage assessment per incident over and above the cost to correct the unsatisfactory condition for failure to perform any part of the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.

D. EXTRA WORK
The contractor shall do no extra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets in duplicate for each day’s extra work no later than the working day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.

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XXIIII.. LLEEGGAALL RREESSPPOONNSSIIBBIILLIITTIIEESS && SSPPEECCIIAALL PPRROOVVIISSIIOONNSS

A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.

B. TERMINATION OF CONTRACT

1. This contract may be terminated without cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

2. If the contractor shall fail to provide services or perform unsatisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.

3. Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall cause be for the City to immediately terminate the agreement for default.

4. Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

5. In the event of termination, Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In the case of default by contractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices paid by the City shall be considered the prevailing market price at the time service is delivered.

D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to this invitation. However, contractor, and all subcontractors, shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:

o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned above) o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way

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E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is particularly called to the requirement for ensuring that employees, and applicants for employment, are not discriminated against because of their race, color, national origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall include, but not be limited to, the employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. It is understood and agreed that the contractor shall comply with all requirements, when applicable, of the California Fair Employment Practices Commission and provisions, when applicable, of all Federal, State of California, County of Tulare and City of Visalia laws and ordinances, in performance of fulfilling this agreement.

F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, the potential contractor may be required to certify in writing to the Purchasing Manager that no relationship exists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

H. PREVAILING WAGES & LABOR LAWS
Consultant must comply with State and Federal Regulations that apply to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per diem wages as determined by the Director of the California Department of Industrial Relations.

Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to the requirements of State Labor Code Sections 1810 and 1815 pertaining to working hours and overtime rates of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with existing Labor Codes regarding employ of aliens except under extraordinary emergencies (Section 1851.5, 1850 to 1854).

I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indemnify, defend, and hold harmless the City of Visalia, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with contractors (or contractors subcontractors, if any) performance or failure to perform, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.

Without limiting the City of Visalia’s right to indemnification, it is agreed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:

1. Workers’ Compensation insurance as required by California statutes.

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2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Comprehensive Automobile Liability coverage with a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this contract shall contain the following clause:

“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”

In addition, the commercial general liability and comprehensive automobile liability policies required by this contract shall contain the following clauses:

“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.”

“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under this contract with the City of Visalia.”

J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.

Traffic and Access. The contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the owner. When working in City Right of Way, the Contractor shall comply with the California Department of Transportation, Manual of Uniform Traffic Control Devices that specifies safety procedures that protect the Contractor’s employees and the driving public.

Street Closures and Detours. Street closures will not be allowed except as specifically permitted by the City and the proper governmental authority. The contractor shall prepare any traffic control or detour plans that may be required as directed by the City of Visalia.

K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.

Contractor shall agree that all material delivered and services rendered under this bid complies, as applicable, with the Occupational Safety and Health Act of 1970 (or latest revisions), including all applicable amendments thereof, the State of California Industrial Safety Act, and regulations issued 610

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thereunder and the Williams-Steiger Federal Occupational Safety and Health Act, and certifies that all items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.

In case of conflicts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this section and related sections may result in suspension of work.

L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.

M. DUST ABATEMENT
The contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent his operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsible for any damage resulting from any dust originating from his operations. The dust abatement measures shall be continued until the contractor is relieved of further responsibility by the project manager. No separate payment will be allowed for dust abatement measures and all costs thereof shall be included in the various prices named in the bid sheet for completion of the work.

N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.

O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirements of NIOSH (National Institute for Occupational Safety and Health), and SHA (Mining Safety and Health Act of 1977), where applicable, as well as ANSI (American National Standards Institute.)

P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully comply with all applicable Federal, State or Local laws, rules regulations or ordinances and shall hold the City harmless from any liability resulting from failure of such compliance.

R. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

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T. EXECUTIVE ORDER N-6-22 – Russia Sanctions Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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Name of Bidding Agency:____________________

EXHIBIT ‘A’ BID FORM

CITY OF VISALIA, CA
RFB-22-23-08, LANDSCAPE MAINTENANCE OF QUADRANT G

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-08 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, transportation, fuel, appurtenances, and incidentals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of this Request for Bid, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipment, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs associated with performing the work described in the bidding documents including all exhibits and attachments.

BIDDER hereby agrees to execute a contract and provide insurance and a performance bond within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

BIDDER understands that the quantities given on the Bid form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly, or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

The City will determine the lowest bidder by the Lowest Total Bid Amount for Level A Service.

Award will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria required. Resulting contract may be awarded at:
 Level A service for all areas, or
 Level A service for some areas with specific areas at Level B or C Service if deemed appropriate by the City.

BIDDER understands that once contract is awarded, the City reserves the right to further increase or decrease the Level of Service in any area(s) of the Quadrant, which will result in a corresponding increase or decrease to the contract amount as specified in the RFB. The City will provide the Contractor with 30 days advance written notice when Level of Service is being changed.

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The City reserves the right to add or delete areas (square footage) from this contract if needed. Any added or deleted areas will cause a price adjustment to contract. Price adjustments will be based on the Contractor’s unit price for the Level of Service being provided to the specific area.

Any new areas that may be added shall be maintained to the same standards required by the specifications of the Service Level for that specific area.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.

LANDSCAPE MAINTENANCE OF QUADRANT G, PER SPECIFICATIONS OF RFB-22-23-08

Level A Service
Service once per week
(52 times annually)
Quantity
(Sq. Footage)

X
Unit Cost
(Monthly)

=
Monthly Price
Turf (including irrigation maintenance) 290,243

$________/sq. ft.

= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 260,329
X $________/sq. ft.
= $_____________
Total Monthly for Level A Service $_____________

Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager.

$__________per hour

_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip

______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign

________________________________________________________________________________________ Telephone No. Fax No. Email Address

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326

FEDERAL TAX I.D. NO: __________________________________

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Name of Bidding Agency:____________________

BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________

BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:

10% Bid Guarantee Bond Yes______ No________

Copy of Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Copy of Maintenance Gardener Pest Control Business License Yes______ No________

If Bidder is subcontracting this work to any entity holding a Pesticide Applicator’s License (QAL category B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.

Failure to submit the above REQUIRED items may result in disqualification of bid.

DDEESSIIGGNNAATTIIOONN OOFF SSUURREETTIIEESS

The following are the names, addresses, and telephone numbers for all brokers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.

Company Name Address Tel. No. Contact

______________________________________________________________________________

RREEFFEERREENNCCEESS
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least three (3) years and are similar in size and characteristics to those listed in this RFB.

1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract

___________________________________________________________________________________________ Description and Location of area(s) maintained.

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Name of Bidding Agency:____________________

SSUUBBCCOONNTTRRAACCTTOORRSS
Pursuant to the provisions of Sections 4100 to 4113 inclusive of the Public Contract Code of the State of California, the undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the consent of the City and the approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.

1. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

2. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

3. _____________________________________________________________________________________ Name Address Email

______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #

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EXHIBIT “B-1”
Submit with Bid

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):

617

BID NO. 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
44 of 58

EXHIBIT “B-2”
Submit with Bid

CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)

1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.

2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:

(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT

FOR CERTIFICATION OF NONSEGREGATED FACILITIES

A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi- annually, or annually).

4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

Company: ____________________________________________________________________________

Business Address: ____________________________________________________________________________

Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):

618

BID NO. 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
45 of 58

EXHIBIT “B-3”
Submit with Bid

BID GUARANTEE
Known all men by these presents:

That we, ___________________________________________________________________________________ as principal and __________________________________________________ as surety, are held and firmly bound unto the City of Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.

In no case shall the liability of the surety hereunder exceed the sum of $____________________.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certain construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No . 22-23-08
Project: Landscape Maintenance of Quadrant G in Visalia, CA

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this

_______________________________ day of _______________________________, 2024

Company (Principal): ______________________________________________ Business Address: ______________________________________________

Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________

Company Seal (if any):

Company (Surety): ______________________________________________ Business Address: ______________________________________________

Signature:_______________________________________________ Date:____________________

Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):

Note: Signatures of those executing for the surety must be properly acknowledged.

619

BID NO. 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
46 of 58

EXHIBIT “B-4”
Submit with Bid

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):

State of California
County of ________________________

On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 620

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ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
47 of 58

EXHIBIT “B-5”
Submit with Bid

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

621

BID NO. 22-23-08

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of QUADRANT G
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EXHIBIT “B-6”
Submit with Bid

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal (if any):

622

BID NO. 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
49 of 58

EXHIBIT “B-7”
Submit with Bid
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE

____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

_________________________________________________________________________________________________________ Address

List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)

Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

__________________________________________ _____________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual

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EXHIBIT “B-8”
Submit with Bid

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )

TITLE OF PERSON SIGNING

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:

(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
624

BID NO. 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
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EXHIBIT “B-9”
Submit with Bid

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________

Title:______________________________________ Agency Name:_____________________________

Date:____________________

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.

625

BID NO. 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT G
52 of 58

EXHIBIT “C”, Sample Contract – do not submit with Bid

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF

QUADRANT G
(City of Visalia Bid No. 22-23-08)

This Agreement, entered into and effective this ________ day of ________________, 2024 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-08 (the “Project”); and

WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the project; and

WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the CITY’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.

CITY will be presumed to request renewal unless the CITY delivers a thirty (30) day written notice of non-renewal to the CONTRACTOR prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide the CITY with written notice of non-renewal at least sixty (60) days prior to the renewal date.

Additionally, this Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR fifteen (15) days’ written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds. Contractor shall be entitled only to payment for work performed to date, less any costs paid by the City to bring areas contractor was terminated from back up to standards deemed acceptable by the Project Manager.

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2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-22-23-08, Landscape Maintenance of Quadrant G, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-08

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-08.

4. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CONTRACTOR

Dated: _______________ By: _______________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA

Dated: _______________ By: _________________________________________________ City Manager

Dated: _______________ By: _________________________________________________ City Attorney

Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager

Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 628

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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices : Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

K. Headings : Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. City Ordinance: Contractor shall follow all rules and regulations regarding the City of Visalia Ordinances. Any fines resulting from not following the City’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.

N. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR in this Agreement.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof.

CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

632
RFB 22-23-08
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant G Page 1 of 2

City of Visalia, CA Purchasing Division
707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801

REQUEST FOR BIDS RFB 22-23-08

ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF QUADRANT G

ADDENDUM NO. 1

Issued: Wednesday, February 7, 2024
Bids Due: Thursday February 15, 2024 at 3:00 P.M.

This Addendum is being issued to provide responses to questions, confirm wages, and a change to the RFB. This addendum becomes part of the RFB 22-23-08 document and must be signed and submitted with bid.

ITEM 1: QUESTIONS/RESPONSES

Q1. What was the prior award amount? Response: The current pricing is listed below. The current contract is a temporary month to month contract and the scope of work (services) are not the same as the scope of work for RFB 22-23-08, which includes updated scope of work and additional square footage for planter.

Quadrant G – Temporary Month to Month Contract Awarded to Clean Cut Landscape Level A Service
Service once per week
(52 times annually)
Quantity
(Sq.

Footage)
X Unit Cost
(Monthly)
= Monthly Price
Turf (including irrigation
maintenance)
290,243 X $0.0162/ sq. ft. = $4,701.94
Planter (trees, shrubs, ground
cover, vine cover on walls and
weed control)
237,440 X $0.0162/ sq. ft. = $3,846.53
Total Monthly for Level A Service $8,548.47

ITEM 2: PREVAILING WAGES

Prevailing wages were checked on February 5, 2024. There were no updates to the state wages. State wages originally posted with this RFB remain in effect.

633
RFB 22-23-08
Addendum #1 Annual Contract for Landscape Maintenance of Quadrant G Page 2 of 2

ITEM 3: CHANGES

On page 20 of the RFB document under Section 7. Turf Maintenance, subsection C. Broad Leaf and Noxious Weeds, it currently reads:

c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre-emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor will notify the Project Manager of the application dates and provide a schedule of areas treated as completed.

And shall be changed to read:

c. Broad Leaf and Noxious Weeds. These weeds shall be controlled on an as needed basis by chemical or manual method when requested by Project Manager. Chemicals used for control shall be registered for use on Fescue and Bermuda turfs. A Broadleaf and Crabgrass pre- emergent herbicide shall be applied between mid-January and March and again between September and Mid-November of every year. Herbicides such as Dimension, Pendulum, or Barricade are recommended during this application period. For post broadleaf weed control Triplet, Trimec, or Triamine will be applied to control Broadleaf and Crabgrass weeds that are currently growing and weather conditions permit the application. Contractor shall provide Project Manager a quote for work prior to work being started and shall not perform work without Project Manager’s approval of quote. Contractor will be required to notify the Project Manager of the application dates and provide a schedule of areas treated as completed.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid

Firm: Date:

By:

Bidder’s Signature

634
West Park #3
Linwood Ranch #2
Linwood Ranch #1
Linwood Ranch #3-4
OakCrest #2
West Park #1
West Park #2
West Park Pocket Park #2
Hunters Crossing #2
Hunters Crossing #1
West Wind #1
Covington Park 1-3
Brookside 1-2
Brookside 3
Westgate Estates
Cypress RanchCypress Ranch
West Wind #2
OakCrest #1
Quail Creek
Gunn Ranch
EVANS

S FORK PERSIAN

PACKWOOD
S Akers St
W Tulare Ave
W Caldwell Ave
S Linwood St
S Dem
aree St
W Walnut Ave
W Whitendale Ave
S Chinowth St
S County Center Dr
S Roeben St
Ave 276 W Visalia Pkwy
W Iris Ave
S Dans St
S University St
W Nellis Ave
W Royal Oaks Dr
S Aspen St
Alley
W La Vida Ave
W Coppola Ave W Ashland Ave
W Feemster Ave
W Cambridge Ave
W Cutler Ave
W Harter Ave
S Jacques St
Private St
W Harvard Ave
W Elkhorn Ave
S Crenshaw St
W Cherry Ave
S Terrace St
W Paradise Ave
W Beech Ave
W Judy Ave
W Mary Ave
W Wagner Ave
W Lisendra Dr
S Teddy St
W Pryor Ave
S M
ountain St
W Victor Ave
W Laura Ave
W Judy Ct
S M
em
ory St
W Vassar Ave
W Dorothea Ave
W Dartmouth Ave
W Howard Ave
Rd 100
S Heritage Dr
W Tempe Ave
W Rialto Ct
W Howard Ct
W Russell Ave
S Jackie St
S W
oodland St
SE Cottonwood Cir
W Packwood Ave
S Peppertree Ct
W Reese Ave
S Oakhaven St
S Noyes St
S Aspen Ct
W Sunnyside Dr
W Evergreen Ct
W Princeton Ave
W Concord Ave
S Atwood St
W Sunnyside Ave
S Kent St
S Peppertree St
W Russell Ct
Good Ave
W Monte Vista Ave
S Clover St
S M
endonca St
W Country Ave
S Fontana St
W Orchard Ave
W Ashland Ct
W Cherry Ct
W Country Ct
S Bollinger St
W Iris Ct
S Cindy Ct
W Nellis Ct
W Seeger Ave
W Pryor Ct
S M
aselli St
W Hemlock Ct
S Avocado St
W Heritage Dr
W Mission Ct
W La Vida Ct
W Mary Ct
S Redwood St
W Sunnyside Ct
S Parkwood St
W Victor Ct
S Tam
arack St
W Feemster Ct
S Chatham
St
W Orchard Ct
S Royal Oaks Dr
S Silvervale St
W Dorothea Ct
S Vickie St
W Venice Ave
W Greenhouse Ave
S Fulgham St
Private St
W Judy Ave
S University St
S Fontana St
W Dorothea Ct
W Iris Ave
S M
aselli St
W Vassar Ave
W Laura Ave
S Teddy St
S Redwood St
W Paradise Ave
W Howard Ave
W Victor AveW Victor Ave
W Cherry Ct
W Iris Ave
Private St
S W
oodland St
W Elkhorn Ave
S M
aselli St
S W
oodland St
W Dartmouth Ave
S Kent St
W Cherry Ave
S Silvervale St
W Country Ave
W Ashland Ave
W Iris Ave
W Judy Ct
W Mary Ave
W Dorothea Ave
W Hemlock Ct
W Victor Ct
±
City of Visalia
District G
Legend
Railroad
Waterways
Parcels
Parks
basins
R. Conaway
12/19
1:18,000
0 0.25 0.5
Miles 635
RFB 22-23-08 Exhibit D-1
District # Description Turf Sq Ft Planter Sq Ft Acres
LL 9801Brookside 1-2 18,015 43,730 1.417
LL 9801Brookside 3 1,790 2,330 0.095
LL 9012Covington Park 1-3 36,480 23,040 1.366
LL 8806Cypres Ranch 24,590 1,000 0.587
LL 0505Gunn Ranch 11,200 23,550 0.798
LL 9702Hunters Crossing 1 & 2 17,541 11,338 0.663
LL 9702Linwood Ranch #1 20,300 12,900 0.470
LL 9702Linwood Ranch #2 3,000 3,750 0.310
LL 9702Linwood Ranch #3 & #4 20,350 10,910 0.718
LL 8802Oak Crest #1 18,000 6,500 0.562
LL 8810Oak Crest #2 1,534 827 0.054
LL 0515West Park #1 22,500 47,890 1.616
LL 0515West Park #2 3,285 10,600 0.319
LL 0607West Park #3 19,350 33,262 1.208
LL 0515West Park Pocket Park #2 45,140 730 1.053
LL 8801West Wind 1 20,200 4,400 0.565
LL 8809West Wind 2 4,820 0 0.111
LL 9204Westgate Estates 2,148 683 0.065
LL1807 Los Pinos 22,889 0.526
District G - Total 290,243 260,329 12.503
Total Square Footage to be maintained:550,572
Landscape Maintenance of Quadrant District G
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658

Service
Level
Frequency of Service Number of
Services
Annually
Percentage by
which
Contractor’s
price will be
reduced
A Once per week
intervals
52 -
B Two-week intervals 26 25%
C Once per month
intervals
12 33%

659
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0080 Agenda Date: 3/18/2024 Agenda #: 7.

Agenda Item Wording:

Playground Award - Authorize the City Manager to award a contract to Playground Design & Installation Services at Riverbend Park to Anchor 41 Construction, of Hanford, CA, for an amount not to exceed of $272,129.00.

Deadline for Action: 3/18/2024
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the installation of new playground equipment at Riverbend Park to Anchor 41 Construction, of Hanford, CA, in the amount of and not to exceed $272,129.00, per specifications of RFP 22-23-68.

Background Discussion:

At the December 20, 2021 City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the American Rescue Plan Act (ARPA), of which $3,900,000 was appropriated for citywide park improvements. There are several park projects that are slated to be completed with these funds, such as shade structures, arbor replacement, updated park amenities, and park playground replacement. Staff identified six parks that needed playground replacement due to age, vandalism, or the ability to obtain replacement parts. Riverbend Park is the first of the six parks to go through the RFP process.

RFP #22-23-68 was advertised on 10/26/2023 and 11/02/2023, for the design, demo, and construction of a new play structure within the dimensions of the existing playground fall surfacing area. Two proposer conferences were conducted on November 7, 2023, and November 8, 2023, where staff answered questions and toured the playground area with several contractors. Proposals for the RFP were due on November 29, 2023. The City received a total of five design submissions from three proposers. A selection committee was formed and met on December 21, 2023, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of four City staff members Daryl Tillman, Katrina Bonds, Julia Kirkman, and Zach Huff. These members were selected for the review committee to gain several different perspectives of the submitted designs, from both a maintenance and parent with small children’s standpoints.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that was established in RFP #22-23-68. During their review the committee felt that the proposals submitted by Anchor 41 Construction and R. E. Schultz Option 1 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then reviewed the cost for each of the top two designs and concluded that the Anchor 41 design proposal was the overall winner that best meets the requirements of RFP #22-23-68 and the needs of the community.

Visalia City Council Printed on 4/26/2024Page 1 of 2
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660
File #: 24-0080 Agenda Date: 3/18/2024 Agenda #: 7.

Fiscal Impact:

The fiscal impact for RFP 22-23-68 a construction contract for Playground Design & Installation Services at Riverbend Park is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $3,900,000.00 has been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject proposals and go out for another Request for Proposals.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the Playground Structure Replacement Project at Riverway Sports Park, to Anchor 41 Construction, (RFP 22-23-68) for a not to exceed amount of $275,129.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 22-23-68, RFP 22-23-68 Addendum 1, Anchor 41 Construction Proposal, Evaluation Form, Committee Score Totals.

Visalia City Council Printed on 4/26/2024Page 2 of 2
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661

CCIITTYY OOFF VVIISSAALLIIAA,, CCAA

RREEQQUUEESSTT FFOORR PPRROOPPOOSSAALLSS
RRFFPP ##2222--2233--6688

PLAYGROUND DESIGN & INSTALLATION SERVICES

AT RIVERBEND PARK

DDEESSCCRRIIPPTTIIOONN:: The City of Visalia is seeking proposals from qualified firms to design and i nstall a playground structure at Riverbend Park.

PPRROOPPOOSSEERR Two mandatory conferences have been scheduled for this project. Interested Bidders are CCOONNFFEERREENNCCEE:: required to attend at least one of the mandatory meetings to be considered eligible to propose on the project. Each meeting will be held on the dates/times below at Riverbend Park, located at 2534 N. Court Street in Visalia, CA.

Tuesday, November 7, 2023 @ 10:00 a.m.

Wednesday, November 8, 2023 @ 10:00 a.m.

SSUUBBMMIITTTTAALL One (1) unbound original and four (4 ) copies are due n o later than 2:00 p.m. on DDEEAADDLLIINNEE: Wednesday, November 29, 2023.

AADDDDRREESSSS TTOO:: City of Visalia Purchasing Division 707 W. Acequia Avenue
Visalia, CA 93291

MMAARRKK RFP No. 22-23-68
EENNVVEELLOOPPEE:: Playground Design & Installation Services at Riverbend Park

IINNQQUUIIRRIIEESS::

Direct all questions to the Visalia Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be submitted in writing via email to [email protected].

PUBLIC WORKS PROJECT:

Notice is hereby given that this is a Public Works Project. In compliance wit h SB854 and Labor Code Section 1725.5, all contractors, and subcon tractors (including Consultants and Sub -Consultants) bidding and performing work on Public Work s Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner. 662

PLAYGROUND DESIGN & INSTALLATION SERVICES AT RIVERBEND PARK RFP No. 22-23-68

Page 2 of 48 ends

Visalia City CouncilMarch 18, 2024

Visalia City Council
March 18, 2024