HomeMy WebLinkAboutCity of San Diego - Distribution of FY 2024 UASI Grant Funds - 2025 AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
CITY OF NATIONAL CITY
FOR THE DISTRIBUTION OF FY 2024 UASI GRANT FUNDS
THIS AGREEMENT is made this day of AUGUST 5,2025,in the City and County of San Diego,State
of California,by and between the CITY OF NATIONAL CITY(SUBRECIPIENT)and the CITY OF
SAN DIEGO,a municipal corporation("San Diego"or"City"),in its capacity as fiscal agent for the
Approval Authority,as defined below,acting by and through the San Diego Office of Emergency
Services(SD OES).
RECITALS
WHEREAS,the United States Department of Homeland Security(DHS)designated San Diego as an
eligible high risk urban area through an analysis of relative risk of terrorism,the San Diego Urban Area
(SDUA)was established for the purpose of application for and allocation and distribution of federal
Urban Areas Security Initiative(UASI)program grant funds; and
WHEREAS,the Urban Area Working Group(UAWG),a collaborative subcommittee established by the
San Diego County Unified Disaster Council,was established as the Approval Authority for the SDUA,to
provide overall governance of the Homeland Security Grant Program across the SDUA,to coordinate
development and implementation of all UASI program initiatives,and to ensure compliance with all
UASI program requirements;and
WHEREAS,the SD OES,as the"core city"for the SDUA,serves as the UASI Grant Administrator,and
the SD OES Program Manager is responsible for implementing and managing the policy and program
decisions of the Approval Authority,directing the work of the UASI Management Team personnel,and
performing other duties as determined and directed by the Approval Authority,and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through
the California Office of Emergency Services(Cal OES)to the SDUA,with responsibility to establish
procedures and execute subgrant agreements for the distribution of UASI program grant funds to
jurisdictions selected by the Approval Authority to receive such funding;and
WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority,and
to establish procedures and provide financial services for distribution of UASI program grant funds
within the SDUA;and
WHEREAS,pursuant to grant allocation decisions by the Approval Authority,the UASI Management
Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT
on the terms and conditions set forth herein;
NOW,THEREFORE,in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration,the receipt and adequacy of which is hereby
acknowledged,the parties hereto agree as follows:
FY 24 UASI—SUBRECIPIENT Page 1 of 19 September 1,2024
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise,the following capitalized terms(whether
singular or plural)shall have the meanings set forth below:
(a) "ADA"shall mean the Americans with Disabilities Act(including all rules and
regulations there under)and all other applicable federal,state,and local disability rights legislation,as the
same may be amended,modified or supplemented from time to time.
(b) "Authorized Expenditures"shall mean expenditures for those purposes identified and
budgeted in the SUBRECIPIENT Award Letter(Appendix A)and/or approved modification.
(c) "Event of Default"shall have the meaning set forth in Section 7.1.
(d) "Fiscal Quarter"shall mean each period of three calendar months commencing on July
1,October 1,January 1,and April 1,respectively.
(e) "Grant Funds"shall mean any and all funds allocated or disbursed to SUBRECIPIENT
(UEI#: DWSKT6H5J5F3)under this Agreement. This Agreement shall specifically cover funds
allocated or disbursed from Cal OES Grant No. 2024-0042,Cal OES ID No. 073-66000,CFDA No.
97.067,per Cal OES award notice dated October 28,2024.
(f) "Grant Plan"shall mean the plans,performances,events,exhibitions,acquisitions or
other activities or matter,and the budget and requirements,described in the approved Financial
Management Forms Workbook(FMFW). If SUBRECIPIENT requests any modification to the Grant
Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the
following information: Scope of change requested,reason for change,proposed plan for change,
summary of approved and requested modifications to the Grant Plan,and any necessary approvals in
support of change(e.g.,EHP).
(g) "Indemnified Parties"shall mean: (i)San Diego,including all commissions,
departments including OES, agencies,and other subdivisions of San Diego;(ii)San Diego's elected
officials,directors,officers,employees,agents, successors,and assigns;and(iii)all persons or entities
acting on behalf of the foregoing.
(h) "Losses"shall mean any and all liabilities,obligations,losses,damages,penalties,claims,
actions,suits,judgments,fees,expenses and costs of whatsoever kind and nature(including legal fees and
expenses and costs of investigation,of prosecuting or defending any Loss described above)whether or
not such Loss be founded or unfounded,of whatsoever kind and nature.
(i) "Reimbursement Request"shall have the meaning set forth in Section 3.10(a).
(j) "Simplified Acquisition Threshold"means the dollar amount below which a non-
Federal entity may purchase property or services using small purchase methods.
(k) "UASI Management Team" shall mean the SD OES Program Manager, Program
Coordinator,as well as project,grant,and administrative staff. The Program Manager appoints members
to the Management Team to implement the policies of the UAWG.
(1) "Pass-through entity" shall mean a non-Federal entity that provides a sub award to a
subrecipient to carry out part of a Federal Program.
FY 24 UASI—SUBRECIPIENT Page 2 of 19 September 1,2024
1.2 Additional Terms. The terms"as directed,""as required,"or"as permitted"and similar terms
shall refer to the direction,requirement,or permission of the City. The terms"sufficient,""necessary,"or
"proper"and similar terms shall mean sufficient,necessary,or proper in the sole judgment of City. The
terms"approval,""acceptable,"or"satisfactory"or similar terms shall mean approved by,or acceptable
or satisfactory to,City. The terms"include,""included,"or"including"and similar terms shall be
deemed to be followed by the words"without limitation." The use of the term"subcontractor,"
"successor,"or"assign"herein refers only to a subcontractor,successor,or assign expressly permitted
under Article 8.
1.3 References to this Agreement. References to this Agreement include:(a)any and all
appendices,exhibits,schedules,and attachments hereto; (b)any and all statutes,ordinances,regulations
or other documents expressly incorporated by reference herein;and(c)any and all amendments,
modifications,or supplements hereto made in accordance with Section 10.2. References to articles,
sections,subsections,or appendices refer to articles,sections or subsections of or appendices to this
Agreement,unless otherwise expressly stated. Terms such as"hereunder,""herein,"or"hereto"refer to
this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute,regulation,
executive order,requirement,policy,guide,guideline,information bulletin,or instruction shall mean that
statute,regulation,executive order,requirement,policy,guide,guideline, information bulletin,or
instruction as is currently in effect and as may be amended,modified,or supplemented from time to time,
as interpreted or directed by the City.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines,including DHS and Cal OES requirements,guidelines, information bulletins,
and instructions,the decision-making of the Cal OES and the Approval Authority,the terms and
conditions of the grant award,the approved application,and to the extent applicable the contract,budget,
and fiscal provisions of the San Diego Municipal Code and City Charter. The Approval Authority shall
have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for
new or other agreements. SUBRECIPIENT acknowledges and agrees that grant decisions are subject to
the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and
agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and
SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and
agrees that if it takes any action, informal or formal,to appropriate,encumber or expend Grant Funds
before final allocation decisions by Cal OES and the Approval Authority,and before this Agreement is
fully and finally executed, it does so at its own risk and assumes full responsibility and such
acknowledgement and agreement is part of the consideration of this Agreement.Additionally, in the
event that the federal government or Cal OES fails to reimburse or denies reimbursement of any
costs incurred under this Agreement,the City shall bear no responsibility or liability for such
non-reimbursed costs. SUBRECIPIENT shall remain solely responsible for any expenditures
made in anticipation of or reliance on grant funding that is later reduced,denied,or otherwise
unavailable.
FY 24 UASI—SUBRECIPIENT Page 3 of 19 September 1,2024
2.2 Certification of Controller: Guaranteed Maximum Costs. No funds shall be available under
•
this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as
set forth in Section 39 of the City of San Diego City Charter:
"No contract,agreement,or other obligation for the expenditure of public funds shall be entered
into by any officer of the City and no such contract shall be valid unless the Chief Financial
Officer shall certify in writing that there has been made an appropriation to cover the expenditure
and that there remains a sufficient balance to meet the demand thereof."
ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2024,
and shall end at 11:59 p.m. San Diego time on MAY 31.2028,
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed the amount awarded under the SUBRECIPIENT Award letter(Appendix A),Training and
Exercise Participation Award Letter,and/or approved modification.The City will not automatically
transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must
submit a Reimbursement Request under Section 3.10 of this Agreement,approved by the UASI
Management Team and City,before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not
use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for
other federal grants/cooperative agreements,lobbying or intervention in federal regulatory or adjudicatory
proceedings,or to sue the federal government or any other government entity. SUBRECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1 (f)and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate,encumber,or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OES Program Manager or designee has provided written approval for the
request. In addition,if the modification request requires approval from the Approval Authority and/or
Cal OES,as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate,
encumber or expend any additional or reallocated Grant Funds pursuant to the modification request
without approval from the Approval Authority and/or Cal OES.
(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace(supplant)funds that have been appropriated for the same purpose.
(d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent
with the grant milestones,guidance,and assurances;and make satisfactory progress toward the goals,
objectives,milestones,and deliverables in this Agreement.
(e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not
authorized to make any subawards of Grant Funds.
FY 24 UASI—SUBRECIPIENT Page 4 of 19 September 1,2024
3.4 Standard Assurances; Other Requirements; Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein.
(b) In addition to complying with all Standard Assurances, SUBRECIPIENT shall comply
with all applicable statutes,regulations,executive orders,requirements,policies,guides,guidelines,
information bulletins,Cal OES grant management memos,and instructions;the terms and conditions of
the grant award;the approved application,and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving
Grant Funds from SUBRECIPIENT comply with all applicable statutes,regulations,executive orders,
requirements,policies,guides,guidelines,information bulletins,Cal OES grant management memos,and
instructions;the terms and conditions of the grant award;the approved application,and any conditions
imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards,specifications,and formats of
San Diego and the UASI Management Team, as they may from time to time exist,related to evaluation,
planning,and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall
cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection,
planning,or monitoring activities conducted or authorized by DHS,Cal OES, San Diego,or the UASI
Management Team. For ensuring compliance with non-supplanting requirements,upon request by City
or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction
of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative,Programmatic,and Financial Management Requirements.
SUBRECIPIENT shall establish and maintain administrative,programmatic,and financial management
systems and records in accordance with federal and State of California requirements. This provision
requires,at a minimum,that SUBRECIPIENT comply with the following non-exclusive list of
regulations commonly applicable to DHS grants,as applicable and incorporated into this Agreement and
the Grant Plan:
(a)Applicable Federal Regulations(see below);
(b)Federal Program Notice of Funding Opportunity(NOFO);
(c)Federal Preparedness Grants Manual;
(d)California Supplement to the NOFO;and
(e)Federal and State Grant Program Guidelines: Government cost principles,uniform
administrative requirements,and audit requirements for federal grant programs are set forth
in Title 2,Part 200 of the Code of Federal Regulations(C.F.R.).Any updates that are issued
by the Office of Management and Budget(OMB)and found at
http://www.whitehouse.gov/omb/.
3.6 Technology Requirements.
(a) National Information Exchange Model("NIEM").If Grant Funds are used to develop or
enhance information-sharing systems that rely on Extensible Markup Language(XML),the
SUBRECIPIENT shall use the latest NIEM specifications and guidelines.
(b) Criminal Intelligence Systems Operating Policies. If Grant Funds are used to develop or
support an information technology system that collects,maintains,or shares criminal intelligence
FY 24 UASI—SUBRECIPIENT Page 5 of 19 September 1,2024
information,the system must comply with 28 CFR Part 23, Criminal Intelligence Systems Operating
Policies,if applicable.
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations,requirements,policies,guides,guidelines and instructions.In the event of a conflict among
applicable procurement standards,SUBRECIPIENT shall follow the most stringent requirement to ensure
full compliance with all funding conditions.
(b) Contract Provisions.All contracts made by the SUBRECIPIENT using Grant Funds must
contain the applicable contract clauses described in 2 CFR Part 200 Appendix II to the Uniform Rules
(Contract Provisions for non-Federal Entity Contract Under Federal Awards).
(c) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant
guidance,which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies,prior to expending any
Grant Funds,SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory management plan,an effective distribution strategy,sustainment costs for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(d) Bond Requirement. Subrecipients are required to obtain a performance bond when
procuring any equipment item over$250,000,or for any vehicle,aircraft, or watercraft that requires full
or partial payment prior to receiving the final product(s).Performance Bond Waivers may be granted on a
case-by case basis and must be submitted to SD OES for submission to Cal OES prior to procurement.
(e) Non-Competitive Procurement Requirements.UASI Management Team prior approval is
required for any procurement made without advertisement or a competitive process or single response to a
request for proposal/bid,regardless of dollar amount.This includes sole source procurements.
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI
Management Team for approval prior to expending any grant funds.Additionally, SUBRECIPIENT shall
submit a Non-Competitive Procurement Request to the UASI Management Team for Cal OES approval
for any non-competitive procurement over the simplified acquisition threshold(2 C.F.R. §200.320).
(f) Federal Schedules. SUBRECIPENT shall obtain written approval from the UASI
Management team before procuring goods or services using the Federal Supply Schedule(GSA).
(g)Telecommunication Equipment and Services.Effective August 13,2020,section 889(f)(2)-(3)
of the John S.McCain National Defense Authorization Act for FY 2019(NDAA)and 2 C.F.R. §200.216,
200.471,and Appendix II to 2 C.F.R. Part 200 prohibit DHS/FEMA Recipients and Subrecipients
(including their contractors and subcontractors)from using any FEMA funds under open or new awards
for the following telecommunications equipment or services: Telecommunications equipment produced
by Huawei Technologies Company or ZTE Corporation,(or any subsidiary or affiliate of such entities);2)
For the purpose of public safety,security of government facilities,physical security surveillance of
critical infrastructure,and other national security purposes,video surveillance and telecommunications
equipment produced by Hytera Communications Corporation,Hangzhou Hikvision Digital Technology
Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities);3)
Telecommunications or video surveillance services provided by such entities or using such equipment;or
FY 24 UASI—SUBRECIPIENT Page 6 of 19 September 1,2024
4)Telecommunications or video surveillance equipment or services produced or provided by an entity
that the Secretary of Defense,in consultation with the Director of National Intelligence or the Director of
the Federal Bureau of Investigation,reasonably believes to be an entity owned or controlled by,or
otherwise connected to,the People's Republic of China.
(h)SUBRECIPIENT shall ensure and independently verify that any contractor or other entity
receiving Grant Funds from SUBRECIPIENT is not debarred,suspended,or otherwise excluded from or
ineligible for participation in federal assistance programs,under Executive Orders 12549 and 12689,and
2 C.F.R.Part 180,adopted by 2 C.F.R.Part 3000 for FEMA-funded programs. SUBRECIPIENT shall
obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity.
SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall
establish procedures for the effective use of the System for Award Management(SAM.gov)to assure that
it does not provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to
provide for effective use and/or dissemination of the list to assure that its contractors,at any tier do not
make awards in violation of the non-procurement debarment and suspension regulations.
(i)Build America,Buy America Act.Funds provided under this program may not be used for a
project for infrastructure unless the iron and steel,manufactured products,and construction materials used
in that infrastructure are produced in the United States.The Buy America preference only applies to
articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure
project.As such, it does not apply to tools,equipment,and supplies,such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the infrastructure project.
Additionally,the Buy America preference does not apply to equipment and furnishings, such as movable
chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure
project but are not an integral part of the structure or permanently affixed to the infrastructure project.
3.8 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic
monitoring reviews of SUBRECIPIENT's performance under this Agreement,to ensure that the Grant
Plan goals,objectives,performance requirements,timelines,milestone completion,budgets and other
criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness
Coordinators,or other federal or state personnel,when appropriate. Monitoring may involve a
combination of desk-based reviews and on-site monitoring visits,inspection of records,and verifications
of grant activities. These reviews will involve a review and analysis of the financial,programmatic,
performance,and administrative issues relative to each program and will identify areas where technical
assistance and other support may be needed. The reviews may include,but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest-bearing account and
disbursed in accordance with applicable guidelines;and
4. Confirming compliance with: Standard Assurances;information provided on
performance reports and payment requests;and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement
includes but is not limited to mandatory on-site verification visits.
FY 24 UASI—SUBRECIPIENT Page 7 of 19 September 1,2024
(c) If after any monitoring review,the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT,the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the findings are resolved.
3.9 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team,in the manner specified
for notices pursuant to Article 9,a document("Reimbursement Request")substantially in the form
attached as Appendix C,attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team will
return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Team,with a brief statement of the reason for the rejection of the Reimbursement Request.
(c) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request,City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team.
(d) If SUBRECIPIENT is not in compliance with any provision of this Agreement,City may
withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
3.10 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its
option,City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's
obligation hereunder to refund the remainder of the disallowed amount.
3.11 Sustainabilitv.Grant Funded programs that contain continuing personnel and operating
expenses,over and above planning and implementation costs,must be sustained once the Grant Funding
ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life
of equipment. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material
term of the Agreement.
3.12 Environmental and Historic Preservation(EHP)Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation("EHP")program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include communications
towers,physical security enhancements,new construction,and modifications to buildings,structures,and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of
any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project
information to FEMA,Cal OES,and/or the UASI Management Team,to cooperate fully in the review,
and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all
FY 24 UASI—SUBRECIPIENT Page 8 of 19 September 1,2024
conditions placed on the project as the result of the EHP review and implement any treatment or
mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the
UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing
documents and/or implementing treatment or mitigation measures. Any change to the approved project
scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing
activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management
Team and ensure monitoring of ground disturbance. If any potential archeological resources are
discovered,SUBRECIPIENT shall immediately cease construction in that area and notify the UASI
Management Team,which will notify the appropriate State Historic Preservation Office. If
SUBRECIPIENT is using Grant Funds for a communication tower project,SUBRECIPIENT shall
complete its Federal Communication Commission("FCC")EHP process before preparing its Cal
OES/FEMA EHP materials and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet
federal,state,and local EHP requirements,obtain applicable permits,or comply with any conditions that
may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the
denial of Reimbursement Requests.
3.13 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty-
free,non-exclusive,and irrevocable license to reproduce,publish or otherwise use,and authorize others to
use, for federal government purposes:(a)the copyright in any work developed using Grant Funds;and(b)
any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from,or are purchased with,Grant Funds.
3.14 Publication Statements. SUBRECIPIENT shall ensure that all publications created or
developed under this Agreement prominently contain the following statement:"This document was
prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate
(FEMA/GPD)within the US Department of Homeland Security. Points of view or opinions expressed in
this document are those of the authors and do not necessarily represent the official position or policies of
FEMA/GPD or the US Department of Homeland Security."
3.15 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement
requests and supporting documentation will be submitted to the UASI Management Team postmarked no
later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter(Appendix A).
Extension requests may be granted based on extenuating circumstances beyond the control of the
subrecipient and must be made via the Performance Period Extension Request Form(Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must
be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS;AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner,financial,
operational and other reports,as requested by the UASI Management Team,in form and substance
satisfactory to the UASI Management Team. Reports shall be submitted electronically unless otherwise
directed.If hard copies are required,they shall be printed on recycled,double-sided paper to the
maximum extent possible.
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4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the
UASI Management Team and City immediately of(a)any Event of Default or event that,with the
passage of time,would constitute an Event of Default;(b)any change of circumstances that would cause
any of the representations or warranties contained in Article 5 to be false or misleading at any time during
the term of this Agreement;and(c)any change of circumstances or events that would cause
SUBRECIPIENT to be out of compliance with the Standard Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial
books and accounting records relating to Authorized Expenditures and to Grant Funds received and
expended under this Agreement,together with all invoices,documents,payrolls,time records,and other
data related to the matters covered by this Agreement,whether funded in whole or in part with Grant
Funds. SUBRECIPIENT shall maintain all files,records,books,invoices,documents,payrolls,and
other required data in a readily accessible location for a period of at least three(3)years after receiving
the Cal OES Grant Closeout Letter,or until any pending litigation,claim,or audit initiated before the end
of the retention period has been resolved and final action taken,whichever is later.If a final audit is still
pending at the end of this period,records must be retained until the audit is fully completed.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team,
and to UASI Management Team and City employees,and authorized representatives,during regular
business hours,all of the files,records,books,invoices,documents,payrolls,and other data required to
be established and maintained by SUBRECIPIENT under Section 4.3 and allow access and the right to
examine those items. SUBRECIPIENT shall permit the UASI Management and City employees,and
authorized representatives,to inspect,audit,examine,and make excerpts and transcripts from any of the
foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in
effect so long as SUBRECIPIENT has the obligation to maintain such files,records,books, invoices,
documents,payrolls,and other data under this Article 4. The DHS,the Comptroller General of the
United States or designee,and Cal OES shall have the same inspection and audit rights as the City and
UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is$750,000 or more,
SUBRECIPIENT shall submit an organization-wide fmancial and compliance audit report. The audit
must be performed in accordance with Government Accountability Office's Government Auditing
Standards,and 2 CFR Part 200 Subpart F- Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, including 2 C.F.R. §200.501. SUBRECIPIENT shall submit its
audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT's
fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI
Management Team in connection with this Agreement, any Reimbursement Request,or any other
document relating to any of the foregoing,contains or will contain any untrue statement of material fact
or omits or will omit a material fact necessary to make the statements contained therein not misleading,
under the circumstances under which any such statement shall have been made.
FY 24 UASI—SUBRECIPIENT Page 10 of 19 September 1,2024
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds and is not delinquent in the repayment of any federal debt. See
OMB Circular A-129.
5.3 National Incident Management Systems(NIMS)Compliance.To be eligible to receive Grant
Funds, SUBRECIPIENT must meet National Incident Management System("NIMS")compliance
requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance.
SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify,protect,defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT's performance of this Agreement,including,but not limited to,the following: (a)a
material breach of this Agreement by SUBRECIPIENT;(b)a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement;(c)any personal injury or death caused,
directly or indirectly,by any act or omission of SUBRECIPIENT or its employees or agents;(d)any loss
of or damage to property caused,directly or indirectly,by any act or omission of SUBRECIPIENT or its
employees or agents;(e)the use,misuse,or failure of any equipment or facility used by
SUBRECIPIENT,or by any of its employees or agents,regardless of whether such equipment or facility
is furnished,rented,or loaned to SUBRECIPIENT by an Indemnified Party;(f)any tax,fee,assessment,
or other charge for which SUBRECIPIENT is responsible under Section 10.4;or(g)any infringement of
patent rights,copyright,trade secret,or any other proprietary right or trademark of any person or entity in
consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT
or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing
indemnity shall include,without limitation,reasonable fees of attorneys,consultants,and experts and
related costs and San Diego's costs of investigating any claims against San Diego.
6.2 Duty to Defend: Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation
to defend the Indemnified Parties under Section 6.1: (a)is an immediate obligation, independent of its
other obligations hereunder;(b)applies to any Loss which actually or potentially falls within the scope of
Section 6.1,regardless of whether the allegations asserted in connection with such Loss are or may be
groundless,false or fraudulent;and(c)arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give
SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend,settle and compromise any such Loss;provided,however,that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such
Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of
interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Party pursuant to Section 6.1,unless such failure materially impairs SUBRECIPIENT's
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in
liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
FY 24 UASI—SUBRECIPIENT Page 11 of 19 September 1,2024
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT,IN NO EVENT SHALL CITY BE LIABLE,REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT,FOR ANY SPECIAL,
CONSEQUENTIAL,INDIRECT OR INCIDENTAL DAMAGES,INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,THE GRANT FUNDS,THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES;TERMINATION FOR CONVENIENCE
7.1 Events of Default.The occurrence of any one or more of the following events shall constitute an
"Event of Default"under this Agreement:
(a) False Statement. Any statement,representation,certification or warranty contained in
this Agreement,in any Reimbursement Request,or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for a period of ten(10)days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i)is generally not paying its debts as they
become due,(ii)files,or consents by answer or otherwise to the filing against it of,a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy,insolvency,or other debtors'relief law of any jurisdiction,(iii)makes an assignment
for the benefit of its creditors,(iv)consents to the appointment of a custodian,receiver,trustee,or other
officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT's property
or(v)takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT,a court or government
authority enters an order,and such order is not vacated within ten(10)days,(i)appointing a custodian,
receiver,trustee,or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT's property,(ii)constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
or to take advantage of any bankruptcy,insolvency,or other debtors'relief law of any jurisdiction or
(iii)ordering the dissolution,winding-up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default,City
may do any of the following,individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and,on the date specified in such notice,this Agreement shall terminate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination,City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
FY 24 UASI—SUBRECIPIENT Page 12 of 19 September 1,2024
and approved by the UASI Management Team and by City prior to the date of termination specified in
such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder,regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the UASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement,together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion,to terminate this Agreement,at any time
during the term hereof,for convenience and without cause. City shall exercise this option by giving
SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice,SUBRECIPIENT shall commence and perform,with
diligence,all actions necessary on the part of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior written approval of
the UASI Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the
UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination,City will only reimburse
SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team
as specified in subparagraph(b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its
contractors after the termination date specified by City.
(e) City's payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable laws,rules,
and regulations. The remedies contained herein are in addition to all other remedies available to City at
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not,either directly or indirectly,
assign,transfer,subcontract or delegate all or any portion of this Agreement or any rights,duties or
obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management
Team and City. This Agreement shall not,nor shall any interest herein,be assignable as to the interest of
FY 24 UASI—SUBRECIPIENT Page 13 of 19 September 1,2024
SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A
change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets
of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for
the performance by any contractor,or assignee of all of the covenants,terms,and conditions in this
Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements.Unless otherwise specifically provided herein,all notices,consents,directions,
approvals,instructions,requests and other communications hereunder shall be in writing,shall be
addressed to the person and address set forth below and shall be(a)deposited in the U.S.mail,first class,
certified with return receipt requested and with appropriate postage,(b)hand delivered(c)sent via email
to a member of the UASI Management Team.
If to City of San Diego Office of Emergency Services UASI Management Team:
San Diego Office of Emergency Services
9601 Ridgehaven Court,MS 1101 C
San Diego,CA 92123
Attn: Renee Coleman
Email:rcoleman@sandiego.gov
If to SUBRECIPIENT:
City of National City Fire Department
1243 National City Boulevard
National City,CA 91950
Attn: Walter Amedee
Email:wamedee@nationalcityca.gov
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a)if mailed,the return receipt,
completed by the U.S.postal service;(b)if sent via hand delivery,a receipt executed by a duly authorized
agent of the party to whom the notice was sent;(c)if sent via facsimile,the date of telephonic
confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or,if such
confirmation is not reasonably practicable,the date indicated in the facsimile machine transmission report
of the party giving such notice or(d)if sent via electronic mail(email),the date the email was received by
the recipient's email system,as evidenced by a delivery receipt or confirmation of opening,or if no such
receipt is available,the date and time the email was transmitted as recorded by the sender's email system,
provided that the sender does not receive a bounce-back or other error message indicating failure of
delivery.
9.3 Change of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
FY 24 UASI—SUBRECIPIENT Page 14 of 19 September 1,2024
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied
from any failure by the UASI Management Team or San Diego to take action on account of such default
if such default persists or is repeated. No express waiver by San Diego shall affect any default other than
the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant,term,or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant,term or condition. The consent or approval by the
UASI Management Team of any action requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified,nor may compliance with any of its terms
be waived,except by written instrument executed and approved in the same manner as this Agreement;
provided,however,that the Program Manager or designee may establish alternate procedures for
modification of the Grant Plan.
10.3 Governing Law;Venue. The formation,interpretation and performance of this Agreement shall
be governed by the laws of the State of California,without regard to its conflict of laws principles. Venue
for all litigation relative to the formation,interpretation,and performance of this Agreement shall be in
San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority,as and when due,any and all taxes,fees,assessments or other governmental
charges,including possessory interest taxes and California sales and use taxes,levied upon or in
connection with this Agreement,the Grant Plan,the Grant Funds or any of the activities contemplated by
this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties and
supersedes all other oral or written provisions. The following Appendices are attached to and a part of
this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Standard Assurances
• Appendix C,Reimbursement Request Forms
• Appendix D,Performance Period Extension Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT
shall deliver to San Diego a copy of the corporate resolution(s)authorizing the execution,delivery,and
performance of this Agreement,certified as true,accurate,and complete by the appropriate authorized
representative of SUBRECIPIENT.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable,then(a)the
validity of other provisions of this Agreement shall not be affected or impaired thereby,and(b)such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision
valid and enforceable.
FY 24 UASI—SUBRECIPIENT Page 15 of 19 September 1,2024
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8,the terms of this
Agreement shall be binding upon,and inure to the benefit of,the parties hereto and their successors and
assigns. Nothing in this Agreement,whether express or implied,shall be construed to give any person or
entity(other than the parties hereto and their respective successors and assigns and,in the case of
Article 6,the Indemnified Parties)any legal or equitable right,remedy or claim under or in respect of this
Agreement or any covenants,conditions,or provisions contained herein.
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4,Article 6,this Article 10,and the Standard Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement,SUBRECIPIENT agrees to do
such things,perform such acts,and make,execute,acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act(FFATA)(P.L. 109-282)as amended by Section 6202(a)of the
Government Funding Transparency Act of 2008(P.L. 110-252),full disclosure to the public of entities or
organizations receiving federal funds is now required.As defined by the Office of Management and
Budget(OMB),all new Federal awards of$25,000 or more as of October 1,2010,are subject to FFATA
reporting requirements. The Transparency Act definition of"Federal awards"includes not only prime
awards for grantees,cooperators, and contractors,but also awards to sub-recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
The Total compensation and names of the top five executives if:
a)80%or more of annual gross revenues are from Federal awards(contracts, sub-contracts
and Federal financial assistance),and$25,000,000 or more in annual gross revenues from
Federal awards;and,
b)Compensation information is not already available through reporting to the Securities and
Exchange Commission.
10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions,SUBRECIPIENT agrees to participate in
UASI-sponsored exercises,and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products(such as plans,reports,data,etc.)created or acquired using Grant
Funds.
(c) To appropriately recognize the regional collaborative nature of grant funded planning
projects,all groups,individuals and jurisdictions who contributed to and/or participated in the planning
process shall be properly and clearly acknowledged in the final deliverable.
FY 24 UASI—SUBRECIPIENT Page 16 of 19 September 1,2024
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to
Article 6 of this Agreement, SUBRECIPIENT shall maintain in force,during the full term of the
Agreement,insurance in the following amounts and coverages:
(a) Workers' Compensation,in statutory amounts,with Employers' Liability Limits
not less than$1,000,000 each accident,injury,or illness;and
(b) Commercial General Liability Insurance with limits not less than$1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage,including Contractual Liability,
Personal Injury,Products and Completed Operations;and
(c) Commercial Automobile Liability Insurance with limits not less than$1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage,including Owned,Non-
Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General
Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego,its Officers,
Agents,and Employees.
(b) That such policies are primary insurance to any other insurance available to the
Additional Insureds,with respect to any claims arising out of this Agreement,and that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers'
Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of
SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City for all work performed by the SUBRECIPIENT,its employees,agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written
notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9,Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a
claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this
Agreement and,without lapse,for a period of three years beyond the expiration of this Agreement,to the
effect that,should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement,such claims shall be covered by such claims-made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit,such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
FY 24 UASI—SUBRECIPIENT Page 17 of 19 September 1,2024
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement,effective
as of the lapse date. If insurance is not reinstated,the City may,at its sole option,terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-,VIII or higher,that are authorized to do
business in the State of California,and that are satisfactory to City,in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of
SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to
complete any portion of this Agreement,SUBRECIPIENT shall ensure that the subcontractor shall provide
all necessary insurance and shall name the City and County of San Diego, its officers,agents and employees
and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self-
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide
proof of self-insurance,in a form acceptable to San Diego,in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481),codified in California
Government Code sections 7070—7075,requires law enforcement agencies to obtain approval of the
applicable governing body(Mayor,City Council,Board of Supervisors,etc.)by adoption of a military
equipment use policy,prior to acquiring,seeking funding for,continuing to use,or collaborating with
another law enforcement agency in the use of military equipment,as defined.AB-481 also requires
publication of a military equipment use procedure and the annual military equipment report on the
Agency's website.
12.2 Applicability of Current Laws and Guidance.All compliance obligations in this Agreement,
including but not limited to those related to nondiscrimination and equipment policies, shall be interpreted
and enforced in accordance with applicable federal, state,and local laws,regulations,and official
guidance in effect at the time this Agreement is executed.In the event that such laws or guidance are
amended,repealed,or replaced during the term of this Agreement, SUBRECIPIENT and the City shall
work in good faith to modify this Agreement,as necessary,to remain in compliance with then-current
requirements.
FY 24 UASI—SUBRECIPIENT Page 18 of 19 September 1,2024
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY OF SAN DIEGO: CITY OF NATIONAL CITY:
By: By:
MEGAN BEALL RO ORRISON
PROGRAM MANAGER MAYOR
OFFICE OF EMERGENCY SERVICES
. Federal Tax ID#95-6000749
Approved as to Form:
Heather Ferbert
City Attorney
By:
Deputy City Attorney
FY 24 UASI—SUBRECIPIENT Page 19 of 19 September 1,2024
Appendix A—SUBRECIPIENT Award Letter
The City aJ
SAN DIEGO/
Office of Emergency Services
30.2025
Ron Morrison
Mayor,City of National City
1243 National City Blvd
National City,CA 91950
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2024 Homeland Security Grant Program
Granttt 2024-0088 Cal OES IDr3073-66000
Subrecipient Performance Period: September 1,2024 to December 15,2026
Subrecipient:
The San Diego Office of Emergency Services(SD DES)has approved your FY24 Urban Area Security
Initiative(UASI)award.
Activities: Amount: Due Date:
All Projects $507,211
Project 027 Goal 3 Training2 $19,200 December 15,2026
Project 032 National City PD Bearcat $446,011 December 15,2026
Project 035 Goal 5 Training2 $42,000 December 15,2026
Training funds are limited to approved courses(see Attachment A).
During the application process,the UASI Advisory Group vetted,and the Urban Area Working Group
(UAWG)approved your project(s).Throughout the grant cycle,SD OES will use performance
milestones set in the Homeland Security Grant Program(HSGP)application as Indicators of
performance,and this information mdy be used in assessing future competitive grant applications.
All activities funded with this award must be completed witnin the subrecipient performance
period.If additional time is needed,an extension request must be submitted at least 30 days prior
to the project end date.Approval of extensions is not gLarnnteed and will be based on the
feasibility of the revised timeline,a justified reason(or the request,and the subrecipient's overall
grant management performance,including timely project execs'on and compliance with grant
requirements.If an extension is not approved,or if no request is submitted,any•emaining funds
not submitted for reimbursement by the project expiration date will be reallocated.
You are required to comply with all applicable federal,state,and local environmental and historic
preservation(EHP)requirements.Additionally,Aviation/Watercraft requests,projects requiring EHP
review,federal schedule and sole source procurement requests,regardless of doi.ar amount,
require prior approval from SD DES and the California Gove-nor's Office of Emergency Services(Cal
960'Rldget'avcn(nun,MS 110'C
San Donn.CA 92123 '1
FY 24 UASI—SUBRECIPIENT Page 1 of 2 September 1,2024
OES).Subrecipients must obtain written approval for these act'Jities prior to incurring any costs,in
order to be reimbursed for any related costs under this grant.Subrecipients are required to obtain a
performance bond for any equipment item over 5250,000 or any vehicle,aircraft, or watercraft that
has been paid with HSGP funds prior to receiving the final product(s). Performance bonds must be
submitted to your UASI Program Representative no later than the time of reimbursement.
All non-RFP/competitive procurements will require a pre-procurement review by SD OES to ensure
compliance.This includes inadequate competition scenarios, Federal Award Schedules(GSA),joint
' procurement endeavors,piggy-backing arrangements,cooperative agreements,and non-
competitive agreements.Additionally,Cal CES prior approval :s required for all HSGP-funded
noncompetitive procurements of training,regardless of the dollar amount,per GMM 2017-01-A,
Following acceptance of this award, you must sign anc return the SD OES Menlo'andur•of
Understanding(MOU)as well as t"e Cal 0E5 standard assurances.Once your completes tv1OU and
standard assurances are signed and received oy SD OES,you may request reimbursement of eligiole
grant expenditures.
Your agency must coordinate with SD OES to a-epare and submit quarterly projections and
milestone reporting via email so that SD OES can comply n;th the Si-Annual Strategic
Implementation Reports(BSIR)for the duration of the gran:period or until you complete ai,
activities,and the grant is formally closed.Failure to submit required reports could result.n grant
reduction,suspension,or termination.
This grant is subject to all provisions of 2 CF3 Part 200.Any ru.'. received in excess of current
needs,approved amounts,or those fo,.nd owed as a result of a Tina,review or audit,must oe
refunded to SD OES within 30 days upon receipt of an invo:e from SD OES.
Your dated signature is required on this icon P:ease;'rn and r=turn the original to your UASI
Program Representative at 9601 Ridgehaven Court,San Diego, CA y2123 within 2C days of receipt
and keep a copy for your files.
For further assistance, please fee.free to contact your SD OES ti-.Sl Program Represer:aLive at
(619)533-6758,
Sincerely,
Megan Beall
Program Manager
City of San Diego Office of Emergency S-•r. ces
r/ZAS. °L.
Ron Morrison ate
Mayor, City of National City
FY 24 UASI-SUBRECIPIENT Page 2 of 2 September 1,2024
Appendix B
'* Cal OES
p GOVERNOR'S OFFICE
% O� O EMERGENCY EMERGENN CY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.) and adopted by the Department of Homeland Security
(DHS) at 2 C.F.R. Part 3002.10. Updates are issued by the Office of Management and
Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a
subaward has been made, including changes to period of performance or terms and
conditions, Applicants will be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Applicant acceptance of
the changes to the subaward.
State and federal grant award requirements are set forth below.The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
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(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
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(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation, or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (4)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and
42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race,
color, or national origin and requires that recipients of federal financial
assistance take reasonable steps to provide meaningful access to persons
with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units —i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators) — be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201 f
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(h) Executive Order 1 1246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under
which the Applicant must comply with equal treatment policies and
requirements contained in
6 C.F.R. Part 19;
(I) The California's Fair Employment and Housing Act (FEHA) (California
Government Code §§12940-12957), as applicable. FEHA prohibits harassment
and discrimination in employment because of ancestry, familial status, race,
color, religious creed (including religious dress and grooming practices), sex
(which includes pregnancy, childbirth, breastfeeding and medical conditions
related to pregnancy, childbirth or breastfeeding), gender, gender identity,
gender expression, sexual orientation, marital status, national origin, ancestry,
mental and physical disability, genetic information, medical condition, age,
pregnancy, denial of medical and family care leave, or pregnancy disability
leave, military and veteran status, and/or retaliation for protesting illegal
discrimination related to one of these categories, or for reporting patient
abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
Civil Rights Policies for Program Beneficiaries and Subrecir ients of DHS funding,
pertaining to the following are available on the Cal OES website:
• Non-discrimination in Programs & Services
• Reasonable Accommodation for Program Beneficiaries
• Language Access Policy
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6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000-21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000-15387);
(c) The Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) The Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air
emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
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FY 2024 Standard Assurances For Cal OES Federal
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(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.); and
(m)The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related
to protecting components or potential components of the national wild
and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease-and-
desist order pursuant to section 13301 of the California Water Code for violation of
waste discharge requirements or discharge prohibitions; or 3) determined to be in
violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit
Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment -The Applicant will comply with 31 U.S.0 §§ 3729-3733
which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b)
executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170,
Appendix A. The Applicant also agrees to comply with the requirements set forth in
the government-wide financial assistance award term regarding the System for
Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the
Applicant or its subrecipients from: (1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non-
profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
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17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et
seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications;and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
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19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication. Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code §7920.000 et seq. The Applicant should consider these
laws and consult its own State and local laws and regulations regarding the release
of information when reporting sensitive matters in the grant application, needs
assessment, and strategic planning process.
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when
performing project activities outside the United States and obtain all appropriate
licenses, permits, or approvals.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII)
DHS defines PII as any information that permits the identity of an individual to
be directly or indirectly inferred, including any information that is linked or linkable to
that individual. If the Applicant collects PII, the Applicant is required to have a
publicly-available privacy policy that describes standards on the usage and
maintenance of the PII they collect. The Applicant may refer to the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.
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24. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to
any work first produced under federal awards and also include an acknowledgement
that the work was produced under a federal award (including the federal award
number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal
awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to
reproduce, publish, or otherwise use the work for federal purposes and to authorize
others to do so.
25. Duplicative Costs
Applicants are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing or matching requirements of any other
federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)).
However, recipients may shift costs that are allowable under two or more federal
awards where otherwise permitted by federal statutes, regulations, or the federal
financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers:
(a list of certified air carriers can be found at: Certificated Air Carriers List I US
Department of Transportation, httr s://www.transportation.qov/policy/aviation-
policy/certificated-air-carriers-list) for international air transportation of people and
property to the extent that such service is available, in accordance with the
International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
§ 40118) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision
B-138942.
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29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant must ensure that federal funds do not
replace (supplant) funds that have been budgeted for the same purpose through
non- federal sources.
31. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable
regulations governing inventions and patents, including the regulations issued by the
Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms under Government Awards,
Contracts, and Cooperative Agreements) and the standard patent rights clause set
forth at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, the Applicant must comply with the requirements set forth in t -
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government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials.This includes
use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of
flags, or likenesses of component officials.
37. Performance Goals (HSGP and NSGP)
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, the Applicant must demonstrate how
the grant-funded project addresses the core capability gap associated with each
project. The capability gap reduction must be addressed in the Project Description of
the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and
Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
Page 13 of 15 Initials i_LLA
Cal OES
GOVERNOR'S OFFICE
EMERGENCY EMERGENCY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
(a) All iron and steel used in the project are produced in the United States -this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the
United States - this means the manufactured product was manufactured in
the United States; and the cost of the components of the manufactured
product that are mined, produced, or manufactured in the United States is
greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the
minimum amount of domestic content of the manufactured product has
been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States -this means
that all manufacturing processes for the construction material occurred in the
United States.
The "Buy America" preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America
preference under an infrastructure program in certain cases.
40. E.O. 14074-Advancing Effective, Accountable Policing and Criminal Justice Practices
to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with
the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or
territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.O. 14074 to support safe and effective policing.
Page 14 of 15 Initials
....._.
Cal OES
GOVERNOR'S OFFICE
EMERGENCY EMERGENN CY SERVICES
FY 2024 Standard Assurances For Cal OES Federal
Non-Disaster Preparedness Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: (1) has made false certification,
or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. Applicants are bound by the DHS Standard
Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be
found at: https://www.dhs.gov/publication/fyl5-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Applicant: City of National City
Signature of Authorized Agent: / l/L
Printed Name of Authorized Agent: Ron Morrison
Title: Mayor Date: August 5, 2025
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'*:114 Cal OES
GOVERNOR'S O
OFFEMERGENCYFFICE
SERVICES
Program Standard Assurances Addendum
As the duly authorized representative of the Applicant/Subrecipient, I hereby certify that
the Applicant/Subrecipient, and any of its second-tier subrecipients or representatives,
will comply with all applicable local, state, and federal statutes, including but not limited
to the following state and federal statutes prohibiting hate-based conduct:
(a) California Penal Code section 422.6(a);
(b) California Penal Code section 404.6;
(c) California Penal Code section 422(a);
(d) California Civil Code section 52.1;
(e) 18 U.S.C. § 249;
(f) 42 U.S.C. § 3631;
(g) 18 U.S.C. § 247; and
(h) 18 U.S.C. § 241, 245.
Additionally, Applicant/Subrecipient will not engage, and certifies that it will take steps
to ensure that its second-tier subrecipients and representatives do not engage, in
conduct contrary to the purposes of the grant program and/or that threatens the safety
and security of Californians, including, but not limited to, acts of violence or unlawful
intimidation on the basis of race, gender, religion, national origin, sexual orientation, or
other protected classifications. Prohibited conduct includes, but is not limited to,
violation of the federal and state laws identified herein.
The undersigned represents that he/she is authorized to enter into this Addendum for and
on behalf of the Applicant/Subrecipient. Applicant/Subrecipient understands that failure
to comply with this Addendum or any of the assurances may result in suspension,
termination, reduction, or de-obligation of funding. Applicant/Subrecipient agrees to
repay funds in the event there is a violation of grant assurances.
Applicant/Subrecipient: it f ti n it
Signature of Authorized Agent: -
Printed Name of Authorized Agent: Ron Morrison
Title: Mayor Date: August 5, 2025
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