HomeMy WebLinkAbout2015 CON City of San Diego - UASI Grant Program FY 14FE
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY
AND THE CITY OF NATIONAL CITY
REGARDING FY14 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
FUNDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective ,
(effective date to be complete by City of San Diego City Attorney's Office)
20 (, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and
CITY OF NATIONAL CITY under the following terms and conditions:
1. The Participating Agency agrees to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to submit a Reimbursement Request Form by the
10th day of each month to request reimbursement for costs incurred in accordance
with the UASI grant program guidelines.
3. The Participating Agency agrees to submit at the time of signing of this MOU,
and on October 1 of each year thereafter, a verified confirmation of its public
safety personnel by category and within the definitions provided in item 3.1
below for each of those categories (Attachment B). Public safety personnel shall
only be counted in one category and one job classification even if they have
multiple disciplines, such as Fire Fighter and Paramedic. The required listing of
public safety personnel shall be by job classification from personnel, payroll
and/or budgetary records by category in the format below.
3.1 Public safety personnel categories and definitions shall be as follows
(civilian personnel shall not be counted):
Fire Services (FS) - Personnel at the urban area jurisdiction level who are
in personnel classifications which provide services as first responders and
meet the Hazmat First Responder Operations level requirements of Title
29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR
section 1910.120(q)) and Title 8 California Code of Regulations (CCR)
Section 5192.
Law Enforcement (LE) — Personnel, in accordance with the provisions of
California Penal Code Sections 830-832.17, who work for agencies at the
local and municipal level with responsibility as sworn law enforcement
officers.
Emergency Medical Services (EMS) — Personnel and contractors who,
on a full-time or part-time basis serve as first responders, Emergency
Medical Technician (EMT) I, II or Paramedic on ground -based and aero-
medical services to provide pre -hospital care, through ambulance service,
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Memorandum of Understanding - Urban Area Security Initiative Grant Funding
rescue squad, or medical engine company. Personnel must meet the
requirements set forth in the California Code of Regulations Title 22.
Social Security, Division 9. Pre -hospital Emergency Medical Services
Chapter 2, 3 or 4.
HazMat (HZ) — Personnel, full-time or part-time, who identify,
characterize, or provide risk assessment, and mitigate/control the release
of a hazardous substance or potentially hazardous substance as Hazardous
Materials Specialists or Technicians and members of the Hazardous
Incident Response Team.
4. The Participating Agency agrees to maintain all documentation supporting all
expenditures reimbursed from grant funds, and ensure all expenditures are
allowable under grant requirements. Recipients that expend $500,000 or more of
federal funds during their respective fiscal year agree to submit an organization -
wide financial and compliance audit report. The audit shall be performed in
accordance with the U. S. General Accounting Office Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass -Through Agency: Office of Homeland Security;
Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The
records shall be maintained and retained in accordance with UASI grant
requirements and shall be available for audit and inspection by the City and
designated grant agent personnel.
5. The Participating Agency agrees that all its expenditures shall be in accordance
with the pre -approved expenditure details as submitted to the City and approved
by the State of California Office of Homeland Security (CA -OHS) and the U.S.
Department of Homeland Security Office of Domestic Preparedness (ODP). Any
deviations from the pre -approved list shall be submitted to the City for approval
before making such expenditures.
6. The Participating Agency agrees to defend, indemnify, and hold harmless the
City, its agents, officers, and employees, from and against all liability arising out
of the Participating Agency's acts or omissions under this MOU.
7. The City agrees to defend, indemnify, and hold harmless the Participating
Agency, its agents, officers, and employees, from and against all liability arising
out of the City's acts or omissions under this MOU.
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Memorandum of Understanding - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of San Diego Office of Homeland Security and the f y o f NI --I n n al Ci r y
by and through their authorized representatives.
CITY OF SAN DIEGO
John Valencia
Title: Program Manager
CITY OF NATIONAL CITY
(Juirisdi
By:
Ron Morrison
(Print)
Title: Mayo r
I HEREBY APPROVE the form and legality of the foregoing Memorandum of
Understanding this day of Fa, , 20 )5
JAN GOLDSMITH, City Attorney
By:
D
APPROVED AS TO FORM:
z . udia Gacitua va
Ci y A.tor ey
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ATTACHMENT A
California Governor's Office of Emergency Services
FY 2014 Grant Assurances
(All HSGP Applicants)
Name ofApplicant: City of National City
Address: 1243 National City Boulevard
City: National City
State: C A Zip Code: 91950
Telephone Number: 619 — 3 3 6— 4 5 5 6 Fax Number: 619 — 3 3 6— 4328
E-Mail Address: wamedee nationalcityca. goy
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your
award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of
funds under this grant will be in accordance with the requirements contained in the FY2014 Homeland
Security Grant Program Funding Opportunity Announcement, the California Supplement to the FY2014
Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and
regulations.
2. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant
funding must support the goals and objectives included in the State and/or Urban Area Homeland Security
Strategies as well as the investments identified in the Investment Justifications which were submitted as part
of the California FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is
limited to those investments included in the California FY2014 Investment Justifications submitted to
DHS/FEMA and Cal OES and evaluated through the peer review process.
3. Understands that in the event FEMA determines that changes are necessary to the award document after an
award has been made, including changes to period of performance or terms and conditions, recipients will
be notified of the changes in writing. Once notification has been made, any subsequent request for funds
will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at
(866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions.
4. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial
capability to ensure proper planning, management and completion of the grant provided by the U.S.
Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -
granted through the State of California, California Governor's Office of Emergency Services (Cal OES).
5. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be
transferred between grant programs (for example: State Homeland Security Program and Urban Area
Security Initiative) or fiscal years.
6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications
submitted to DHS/FEMA/Cal OES, where applicable.
7. Will establish a proper accounting system in accordance with generally accepted accounting standards and
awarding agency directives.
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8. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States,
the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the
right to examine, all paper or electronic records, books, and documents related to the award, and will
permit access to its facilities, personnel and other individuals and information as may be necessary, as
required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of
grant related records, accounts, documents, information and staff.
9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to acknowledge
and agree to comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS
or Cal OES.
b. Recipients must give DHS and Cal OES access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and permit access to
facilities, personnel, and other individuals and information as may be necessary, as required by DHS
and Cal OES program guidance, requirements, and applicable laws.
c. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance, and recipients must submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation
to support the reports.
d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status, the recipient must provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS/Cal OES awarding office and the DHS
Office of Civil Rights and Civil Liberties.
e. In the event any court or administrative agency makes a finding of discrimination on grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status against the recipient, or the recipient settles a case or matter alleging such discrimination,
recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding
office.
The United States has the right to seek judicial enforcement of these obligations.
10. Will comply with any other special reporting, assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required for the
assessment or evaluation of any activities within this agreement, or detailed in the program guidance.
11. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland Security
Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy
policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability
Planning Tool.
12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from
obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban
Area Fusion Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold.
13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in
accordance with grant award terms and requirements, after receipt of approval from Cal OES and will
maintain procedures to minimize the amount of time elapsing between the award of funds and the
disbursement of funds.
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14. Will provide timely, complete and accurate progress reports, and maintain appropriate support
documentation to support the reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award,
and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year.
15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Agrees to be non -delinquent in the 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 and form SF-424B, item number 17 for additional information and guidance.
17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgrantee, recipient or
subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance.
Administrative remedies may be found in 38 U.S.C. §§ 3801-3812, addressing false claims and statements
made.
18. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of
Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, including the payment of interest earned on advances.
19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the
"A-102 Common Rule"), which are also located found within DHS regulations at Title 44, Code of Federal
Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments"; will comply with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations, relocated to 2 CFR Part 215.
20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS
Financial Management Guide; OMB Circular A-21, Cost Principles for Educational Institutions, relocated
to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments,
relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated
to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations, as applicable.
21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48
CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial
Organizations.
22. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
23. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or
presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or
others, particularly those with whom they have family, business, or other connections.
24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment,
repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the
express prior written approval from DHS/FEMA and Cal OES.
25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352.,
and agrees that none of the funds provided under this award may be expended by the recipient to pay any
Page 3 Initials it24`1
person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with any
Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative
agreement.
26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned,
women -owned, or disadvantaged businesses, to the extent practicable.
27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c),
which provides that any cost allocable to a particular Federal award or cost objective under the principles
provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies.
28. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non -Federal sources. Subgrantees and subrecipients may be required to demonstrate and document
that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of
Federal funds.
29. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.),
which prohibits the use of lead based paint in construction or rehabilitation of structures.
30. Will comply with all federal and state laws and regulations relating to civil rights protections and
nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at
6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal financial assistance.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which
prohibits discrimination on the basis of gender in educational programs and activities. These
regulations are codified at 6 CFR Part 17 and 44 CFR Part 19.
c. The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on
the basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.).
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism.
g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part
100), as amended, relating to nondiscrimination in the sale, rental and financing of housing.
i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination.
j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the
application for Federal assistance is being made and any other applicable statutes.
k. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified individual with a disability in the United States will, solely
by reason of the disability, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
These requirements pertain to the provision of benefits or services as well as to employment.
1. Will, in the event that a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion, national
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origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the
finding to the Office of Civil Rights, Office of Justice Programs.
m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
n. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1.
31. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair
and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs. These requirements apply to all interested in real property acquired for project
purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs.
32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental
Considerations.
33. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP)
requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits
may jeopardize Federal funding. Agrees not to undertake any project having the potential to impact EHP
resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to,
ground disturbance, construction, modification to any structure, physical security enhancements,
communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment.
The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP
review. Any construction -related activities initiated without the necessary EHP review and approval will
result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal
OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If
ground -disturbing activities occur during the project implementation, the subgrantee must ensure
monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will
immediately cease activity in that area and notify DHS/FEMA/ and Cal OES and the appropriate State
Historic Preservation Office.
34. Any construction activities that have been initiated prior to the full environmental and historic preservation
review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP
Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting
documentation, to their Cal OES program representative, for processing by the DHS/FEMA GPD EHP.
35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving
their grant award. The Screening From for these types of projects is available at:
www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc.
36. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the
accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating
Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under
consideration for listing by the EPA.
37. Will provide any information requested by DHS/FEMA/ and Cal OES to ensure compliance with applicable
laws including, but not limited to, the following:
a. Institution of environmental quality control measures under the Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and
Environmental Justice (EO12898) and Environmental Quality (EO11514).
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b. Notification of violating facilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.).
d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523).
e. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-
21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007.
f. 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.
g. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16
USC § 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the
California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
CCR Title 19, §§ 2445, 2446, 2447, and 2448.
39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a
publically-available privacy policy that describes what PII they collect, how they plan to use the PII,
whether they share PII with third parties, and how individuals may have their PII corrected where
appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and
templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia fuidance june2010.pdf and at
http://www.dhs.gov/xlibrary/assets/privacy/privacy.pia template.pdf, respectively.
40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are
obtained.
41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby
all subgrantees, recipients, and subrecipients 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, 15 U.S.C. § 2225.
42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) 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 B138942.
43. Agrees that all publications created or published with funding under this grant shall prominently contain the
following statement: "This document was prepared under a grant from FEMA's Grant Programs
Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document
are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant
Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when
practicable, any equipment purchased with grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S. Department of Homeland Security."
44. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in
any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or
sub -recipient purchases ownership with Federal support. The recipient must affix the applicable copyright
notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including
award number) to any work first produced under Federal financial assistance awards, unless the work
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includes any information that is otherwise controlled by the Government (e.g. classified information or
other information subject to national security or export control laws or regulations). The recipient agrees to
consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are
purchased with, this funding.
45. Recipients receiving Federal financial assistance to be used to perform eligible work approved in the
submitted application for Federal assistance and after the receipt of Federal financial assistance, through the
State of California, agrees to the following:
a. Promptly return to the State of California all funds received which exceed the approved, actual
expenditures as determined by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount
of the reduction will be promptly refunded to the State of California.
c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are
deobligated or disallowed and not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid following
deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property
for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of
$100 per Federal Fiscal Year.
46. Understands that recipients who receive awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7
U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of assistance.
48. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards
Act (29 U.S.C. § 201), as they apply to employees of institutions of higher education, hospitals, and other
non-profit organizations.
49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as
amended or updated via later executive order(s), means information that has been determined pursuant to
EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified
status when in documentary form. No funding under this award shall be used to support a contract,
subaward, or other agreement for goods or services that will include access to classified national security
information if the award recipient has not been approved for and granted access to such information by
appropriate authorities.
50. Agrees that where an award recipient has been approved for and has access to classified national security
information, no funding under this award shall be used to support a contract, subaward, or other agreement
for goods or services that will include access to classified national security information by the contractor,
subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial
Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with
whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be
processed and administered in accordance with the DHS "Standard Operating Procedures, Classified
Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other
applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and
other applicable implementing directives or instructions. Security requirement documents may be located
at: http://www.dhs.gov/xopnbiz/grants/index.shtm
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51. Immediately upon determination by the award recipient that funding under this award may be used to
support a contract, subaward, or other agreement involving access to classified national security information
pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a
contract, subaward, or other agreement, the award recipient shall contact ISPB, and the applicable Federal
department or agency, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
52. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If
recipients are authorized to make subawards under this award, they must first notify potential subrecipients
that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number.
For purposes of this award term, the following definitions will apply:
a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and
assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number
may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at
http://fedgov.dnb.com/webform.
b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a
foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -
profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a
non -Federal entity.
c. "Subaward" means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award
to an eligible subrecipient. It does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see section 210 of the attachment to OMB
Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") and may be
provided through any legal agreement, including an agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this award, and is
accountable to you for the use of the Federal funds provided by the subaward.
53. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a-7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub -agreements.
54. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense
Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency
medical, hazardous materials response services, and law enforcement agencies within the
jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a
manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire
Services and Rescue Mutual Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed
in conformance with that Strategy.
55. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents.
The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal
preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent
Page 8 Initials
nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and
private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate
the effects of incidents, regardless of cause, size, location, or complexity.
56. Will comply with OMB Standard Form 424B Assurances — Non construction Programs, whereby the
awarding agency may require subgrantees and subrecipients to certify to additional assurances.
57. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under
Executive Order 12549 and 12689, "Debarment and Suspension." As required by Executive Order 12549,
Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary
covered transactions, 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. Applicant
certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency.
b. Have not within a three-year period preceding this 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.
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and
d. 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.
58. Will comply with requirements to acknowledge 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.
59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast
Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),
which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free
workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of
violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment.
These regulations are codified at 2 CFR 3001.
61. Will comply with the requirements of the government -wide award term which implements Section 106(g)
of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2
CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended,
requires the agency to include a condition that authorizes the agency to terminate the award, without
penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period
of time that the award is in effect, procures a commercial sex act during the period of time that the award is
Page 9 Initials(,
in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of
the award term is provided at 2 CFR § 175.15.
62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to their programs and services. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. Recipients are encouraged to
consider the need for language services for LEP persons served or encountered both in developing budgets
and in conducting programs and activities. Recipient shall comply with DHS Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011), resulting from Executive
Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance
at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-
access-people-limited and additional resources on http://www.lep.gov.
63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides
for the protection and enhancement of the quality of the nation's air resources to promote public health and
welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's
waters is considered research for other purposes.
64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in
DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with
human subjects. The regulations specify additional protections for research involving human fetuses,
pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of
autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part
46.
65. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42
U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with NEPA for its grant -supported
activities, DHS requires the environmental aspects of construction grants (and certain non -construction
projects as specified by the Component and awarding office) to be reviewed and evaluated before final
action on the application.
66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended,
which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation
of a structure insured under the Act that is located along the shore of a lake or other body of water and that
is certified by an appropriate State or local land use authority to be subject to imminent collapse or
subsidence as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels. These regulations are codified at 44 CFR Part 63.
67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §
4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct
property may be provided in identified flood -prone communities in the United States, unless the community
participates in the National Flood Insurance Program and flood insurance is purchased within one year of
the identification. The flood insurance purchase requirement applies to both public and private applicants
for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal
Register by FEMA.
68. Will comply with the requirements of Executive Order 11990, which provides that federally -funded
construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive
Order provides that, in furtherance of section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal
agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located
in wetlands unless the head of the agency finds that there is no practicable alternative to such construction,
Page 10 Initials
and that the proposed action includes all practicable measures to minimize harm to wetlands that may result
from such use. In making this finding, the head of the agency may take into account economic,
environmental, and other pertinent factors. The public disclosure requirement described above also pertains
to early public review of any plans or proposals for new construction in wetlands. This is codified at 44
CFR Part 9.
69. Will comply with the 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. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin,
or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective,
bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any
biological agent or toxin that is listed as a select agent.
70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to
Cal OES.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report
each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as
defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in the following
paragraphs to Cal OES. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if the obligation was made on
November 7, 2013, the obligation must be reported by no later than December 31, 2013.)
c. What to report: You must report the information about each obligating action that the submission
instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to
the compensation information, see the U.S. Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive
total compensation to Cal OES by the end of the month following the month during which you make
the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all
sources, under $300,000, you are exempt from the requirements to report on subawards, and the total
compensation of the five most highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each
of your five most highly compensated executives for the preceding completed fiscal year, if
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and
$25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
2 CFR § 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986.
(To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier
subrecipient under this award, you shall report the names and total compensation of each of
the subrecipient's five most highly compensated executives for the subrecipient's preceding
completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient
received 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in annual
gross revenues from Federal procurement contracts (and subcontracts), and Federal
Page 11 Initials�f/�
financial assistance subject to the Transparency Act (and subawards); and the public does
not have access to information about the compensation of the executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986.
71. Understands that failure to comply with any of these assurances may result in suspension, termination, or
reduction of grant funds.
72. The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent: Ron M o r r is on
Title: Mayor
Date:
Page 12
Attachment B
Date:
CERTIFICATION OF PUBLIC SAFETY PERSONNEL
BY CATEGORY
FY 14 UASI
Agency: City of National City
Authorized Agent Name: Ron Morrison
Authorized Agent Signature:
Public safety personnel shall only be counted in one category, as defined in the Memorandum
of Understanding between the City of San Diego and the participating agency, and one job
classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The
required listing of public safety personnel shall be by job classification from personnel,
payroll and/or budgetary records. For classifications not listed, please use the additional lines
within each category.
J()B C °-IFICATION
NUMBER ()l PERSONNEL
EMERGENCY MEDICAL TECHNICIAN I
EMERGENCY MEDICAL TECHNICIAN II
_1
PARAMEDIC
LIFEGUARD I
LIFEGUARD II
LIFEGUARD III
LIFEGUARD SERGEANT
MARINE SAFETY LIEUTENANT
LIFEGUARD CHIEF
TOTAL
0
NUMBER OF PERSONN
JOB CLASSIFICATION
FIRE FIGHTER
18
FIRE ENGINEER
9
FIRE CAPTAIN
9
FIRE BATTALION CHIEF
4
Attachment B
DIRECTOR OF EMERGENCY SERVICES
1
pyTOTALppgg } �^tq�,,��rgp
3 Y ...,. 1 i. .. D i.�
::
T
41 g? ,g
S O Tk�3. 9 .: ...
IF I'I R40'EL
HAZARDOUS MATERIALS SPECIALIST
HAZARDOUS MATERIALS TECHNICIAN
TOTAL
0
03 C LASSIFICATION7
�.I2 OF PERSONNEL
POLICE OFFICER
44
POLICE CORPORAL
21
POLICE SERGEANT
14
POLICE LIEUTENANT
4
POLICE CAPTAIN
2
POLICE CHIEF
1
TOTAL
86
RESOLUTION NO. 2015 — 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND
THE CITY OF NATIONAL CITY REGARDING FY14 URBAN AREA SECURITY
INITIATIVE GRANT FUNDING FOR A REIMBURSABLE GRANT FOR
EQUIPMENT AND TRAINING FOR POLICE AND FIRE PERSONNEL
WHEREAS, the Urban Area Security Initiative ("UASI") grant provides funding for
equipment and training needed to respond to natural or man-made disasters or terrorism
incidents that may occur in the San Diego urban area; and
WHEREAS, the City of National City is required to execute a Memorandum of
Understanding with the City of San Diego Office of Homeland Security that documents the
roles, responsibilities, and expectations at the local, state, and federal levels, and ensures
that the City of National City, as a participant in the program, agrees to meet the State and
federal requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Memorandum of Understanding with
the City of San Diego Office of Homeland Security regarding the Fiscal Year 2014 Urban
Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on
file in the office of the City Clerk.
PASSED and ADOPTED this 201h day of January,
Morrison, Mayor
ATTEST:
%i' LLe4
Michael R. Dalla, C.
Clerk
PROVED A
0 FORM:
is Gacitua • ilva
City Attorney
Passed and adopted by the Council of the City of National City, California, on January
20, 2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
CI rk of the City of
Na
tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-2 of the City of National City, California, passed and adopted
by the Council of said City on January 20, 2015.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
CaoOS -65
MEETING DATE: January 20, 2015
AGENDA ITEM NO. 6
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute the
Memorandum of Understanding between the City of San Diego Office of Homeland Security and the
City of National City regarding FY14 Urban Area Security Initiative (UASI) Grant Funding for a
reimbursable grant for equipment and training for police and fire personnel. (Fire)
PREPARED BY: Walter Amedee 040- DEPARTMENT: Fire
PHONE: (619) 336-4556 APPROVED BY:
EXPLANATION:
This Memorandum of Understanding documents roles, responsibilities, and expectations at the local,
state, and federal levels and ensures that the City of National City, as a participant in the program, agrees
to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding
for equipment and training needed to respond to natural or man-made disasters or terrorism incidents
that may occur in the San Diego urban area.
FINANCIAL STATEMENT: APPROVED: %� `r Finance
ACCOUNT NO. APPROVED: MIS
Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training
and equipment.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of
Homeland Security and the City of National City regarding FY14 UASI grant funding.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
. MOU between the City of San Diego Office of Homeland Security and the City of National City
regarding FY14 Urban Area Security Initiative (UASI) grant funding
2. Resolution
VA,sot,vs\o- O. aa\5- a
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY
AND THE CITY OF NATIONAL CITY
REGARDING FY14 URBAN AREA SECURITY INITIATIVE (UASI) GRANT
FUNDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective
(effective date to be complete by City of San Diego City Attorney's Office)
20 , between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and
CITY OF NATIONAL CITY under the following terms and conditions:
1. The Participating Agency agrees to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to submit a Reimbursement Request Form by the
10th day of each month to request reimbursement for costs incurred in accordance
with the UASI grant program guidelines.
3. The Participating Agency agrees to submit at the time of signing of this MOU,
and on October 1 of each year thereafter, a verified confirmation of its public
safety personnel by category and within the definitions provided in item 3.1
below for each of those categories (Attachment B). Public safety personnel shall
only be counted in one category and one job classification even if they have
multiple disciplines, such as Fire Fighter and Paramedic. The required listing of
public safety personnel shall be by job classification from personnel, payroll
and/or budgetary records by category in the format below.
3.1 Public safety personnel categories and definitions shall be as follows
(civilian personnel shall not be counted):
Fire Services (FS) - Personnel at the urban area jurisdiction level who are
in personnel classifications which provide services as first responders and
meet the Hazmat First Responder Operations level requirements of Title
29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR
section 1910.120(q)) and Title 8 California Code of Regulations (CCR)
Section 5192.
Law Enforcement (LE) — Personnel, in accordance with the provisions of
California Penal Code Sections 830-832.17, who work for agencies at the
local and municipal level with responsibility as sworn law enforcement
officers.
Emergency Medical Services (EMS) — Personnel and contractors who,
on a full-time or part-time basis serve as first responders, Emergency
Medical Technician (EMT) I, II or Paramedic on ground -based and aero-
medical services to provide pre -hospital care, through ambulance service,
1
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
rescue squad, or medical engine company. Personnel must meet the
requirements set forth in the California Code of Regulations Title 22.
Social Security, Division 9. Pre -hospital Emergency Medical Services
Chapter 2, 3 or 4.
HazMat (HZ) — Personnel, full-time or part-time, who identify,
characterize, or provide risk assessment, and mitigate/control the release
of a hazardous substance or potentially hazardous substance as Hazardous
Materials Specialists or Technicians and members of the Hazardous
Incident Response Team.
4. The Participating Agency agrees to maintain all documentation supporting all
expenditures reimbursed from grant funds, and ensure all expenditures are
allowable under grant requirements. Recipients that expend $500,000 or more of
federal funds during their respective fiscal year agree to submit an organization -
wide financial and compliance audit report. The audit shall be performed in
accordance with the U. S. General Accounting Office Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass -Through Agency: Office of Homeland Security;
Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The
records shall be maintained and retained in accordance with UASI grant
requirements and shall be available for audit and inspection by the City and
designated grant agent personnel.
5. The Participating Agency agrees that all its expenditures shall be in accordance
with the pre -approved expenditure details as submitted to the City and approved
by the State of California Office of Homeland Security (CA -OHS) and the U.S.
Department of Homeland Security Office of Domestic Preparedness (ODP). Any
deviations from the pre -approved list shall be submitted to the City for approval
before making such expenditures.
6. The Participating Agency agrees to defend, indemnify, and hold harmless the
City, its agents, officers, and employees, from and against all liability arising out
of the Participating Agency's acts or omissions under this MOU.
7. The City agrees to defend, indemnify, and hold harmless the Participating
Agency, its agents, officers, and employees, from and against all liability arising
out of the City's acts or omissions under this MOU.
2
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of San Diego Office of Homeland Security and the C it y of National City
by and through their authorized representatives.
CITY OF SAN DIEGO
(Signature)
By: John Valencia
Title: Program Manager
CITY OF NATIONAL CITY
(Juirisdiction)
(Signature)
By: Ron Morrison
(Print)
Title: Mayor
I HEREBY APPROVE the form and legality of the foregoing Memorandum of
Understanding this day of , 20_.
JAN GOLDSMITH, City Attorney
By:
Deputy City Attorney
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
3
ATTACHMENT A
California Governor's Office of Emergency Services
FY 2014 Grant Assurances
(All HSGP Applicants)
Name ofApplicant: City of National City
Address: 1243 National City Boulevard
City:
National City
State: CA Zip Code: 91950
Telephone Number: 619 — 3 3 6— 4 5 5 6 Fax Number: 619 — 3 3 6— 4 3 2 8
E-Mail Address: wamedee nationalcityca. gov
As the duly authorized representative of the applicant, I certify that the applicant named above:
1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your
award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of
funds under this grant will be in accordance with the requirements contained in the FY2014 Homeland
Security Grant Program Funding Opportunity Announcement, the California Supplement to the FY2014
Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and
regulations.
2. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant
funding must support the goals and objectives included in the State and/or Urban Area Homeland Security
Strategies as well as the investments identified in the Investment Justifications which were submitted as part
of the California FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is
limited to those investments included in the California FY2014 Investment Justifications submitted to
DHS/FEMA and Cal OES and evaluated through the peer review process.
3. Understands that in the event FEMA determines that changes are necessary to the award document after an
award has been made, including changes to period of performance or terms and conditions, recipients will
be notified of the changes in writing. Once notification has been made, any subsequent request for funds
will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at
(866) 927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions.
4. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial
capability to ensure proper planning, management and completion of the grant provided by the U.S.
Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -
granted through the State of California, California Governor's Office of Emergency Services (Cal OES).
5. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be
transferred between grant programs (for example: State Homeland Security Program and Urban Area
Security Initiative) or fiscal years.
6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications
submitted to DHS/FEMA/Cal OES, where applicable.
7. Will establish a proper accounting system in accordance with generally accepted accounting standards and
awarding agency directives.
Page 1 Initials
8. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States,
the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the
right to examine, all paper or electronic records, books, and documents related to the award, and will
permit access to its facilities, personnel and other individuals and information as may be necessary, as
required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of
grant related records, accounts, documents, information and staff.
9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to acknowledge
and agree to comply with applicable provisions governing DHS access to records, accounts, documents,
information, facilities, and staff.
a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS
or Cal OES.
b. Recipients must give DHS and Cal OES access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and permit access to
facilities, personnel, and other individuals and information as may be necessary, as required by DHS
and Cal OES program guidance, requirements, and applicable laws.
c. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance, and recipients must submit timely, complete,
and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation
to support the reports.
d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status, the recipient must provide a list of all such proceedings, pending or completed, including
outcome and copies of settlement agreements to the DHS/Cal OES awarding office and the DHS
Office of Civil Rights and Civil Liberties.
e. In the event any court or administrative agency makes a finding of discrimination on grounds of race,
color, national origin (including limited English proficiency), sex, age, disability, religion, or familial
status against the recipient, or the recipient settles a case or matter alleging such discrimination,
recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding
office.
The United States has the right to seek judicial enforcement of these obligations.
10. Will comply with any other special reporting, assessments, national evaluation efforts, or information or
data collection requests, including, but not limited to, the provision of any information required for the
assessment or evaluation of any activities within this agreement, or detailed in the program guidance.
11. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the
development of a statewide fusion process that corresponds with the Global Justice/Homeland Security
Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy
policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability
Planning Tool.
12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from
obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban
Area Fusion Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold.
13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in
accordance with grant award terms and requirements, after receipt of approval from Cal OES and will
maintain procedures to minimize the amount of time elapsing between the award of funds and the
disbursement of funds.
Page 2 Initials
14. Will provide timely, complete and accurate progress reports, and maintain appropriate support
documentation to support the reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award,
and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year.
15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award -
supported activities, including changes to key program staff.
16. Agrees to be non -delinquent in the 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 and form SF-424B, item number 17 for additional information and guidance.
17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgrantee, recipient or
subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance.
Administrative remedies may be found in 38 U.S.C. §§ 3801-3812, addressing false claims and statements
made.
18. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of
Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments, including the payment of interest earned on advances.
19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the
"A-102 Common Rule"), which are also located found within DHS regulations at Title 44, Code of Federal
Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments"; will comply with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -
Profit Organizations, relocated to 2 CFR Part 215.
20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS
Financial Management Guide; OMB Circular A-21, Cost Principles for Educational Institutions, relocated
to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments,
relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated
to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit
Organizations, as applicable.
21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48
CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial
Organizations.
22. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
23. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or
presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or
others, particularly those with whom they have family, business, or other connections.
24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment,
repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the
express prior written approval from DHS/FEMA and Cal OES.
25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352.,
and agrees that none of the funds provided under this award may be expended by the recipient to pay any
Page 3 Initials
person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with any
Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative
agreement.
26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned,
women -owned, or disadvantaged businesses, to the extent practicable.
27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c),
which provides that any cost allocable to a particular Federal award or cost objective under the principles
provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies.
28. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose
through non -Federal sources. Subgrantees and subrecipients may be required to demonstrate and document
that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of
Federal funds.
29. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.),
which prohibits the use of lead based paint in construction or rehabilitation of structures.
30. Will comply with all federal and state laws and regulations relating to civil rights protections and
nondiscrimination. These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at
6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the
grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving Federal financial assistance.
b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which
prohibits discrimination on the basis of gender in educational programs and activities. These
regulations are codified at 6 CFR Part 17 and 44 CFR Part 19.
c. The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on
the basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.).
d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits
discrimination on the basis of age in any program or activity receiving federal financial assistance.
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism.
g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records.
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part
100), as amended, relating to nondiscrimination in the sale, rental and financing of housing.
i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination.
j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the
application for Federal assistance is being made and any other applicable statutes.
k. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended,
which provides that no otherwise qualified individual with a disability in the United States will, solely
by reason of the disability, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
These requirements pertain to the provision of benefits or services as well as to employment.
1. Will, in the event that a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds or race, color, religion, national
Page 4 Initials
origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the
finding to the Office of Civil Rights, Office of Justice Programs.
m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice
Office of Civil Rights within 60 days of grant award.
n. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the Office of Justice
Programs Financial and Administrative Guide for Grants, M7100.1.
31. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair
and equitable treatment of persons displaced or whose property is acquired as a result of Federal or
Federally assisted programs. These requirements apply to all interested in real property acquired for project
purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25,
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs.
32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental
Considerations.
33. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP)
requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits
may jeopardize Federal funding. Agrees not to undertake any project having the potential to impact EHP
resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to,
ground disturbance, construction, modification to any structure, physical security enhancements,
communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment.
The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP
review. Any construction -related activities initiated without the necessary EHP review and approval will
result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal
OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If
ground -disturbing activities occur during the project implementation, the subgrantee must ensure
monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will
immediately cease activity in that area and notify DHS/FEMA/ and Cal OES and the appropriate State
Historic Preservation Office.
34. Any construction activities that have been initiated prior to the full environmental and historic preservation
review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP
Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting
documentation, to their Cal OES program representative, for processing by the DHS/FEMA GPD EHP.
35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving
their grant award. The Screening From for these types of projects is available at:
www.fema.gov/doc/government/grant/bulletins/info329 final_screening memo.doc.
36. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the
accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating
Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under
consideration for listing by the EPA.
37. Will provide any information requested by DHS/FEMA/ and Cal OES to ensure compliance with applicable
laws including, but not limited to, the following:
a. Institution of environmental quality control measures under the Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and
Environmental Justice (EO12898) and Environmental Quality (EO11514).
Page 5 Initials
b. Notification of violating facilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.).
d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523).
e. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-
21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007.
f. 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.
g. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16
USC § 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the
California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and
CCR Title 19, §§ 2445, 2446, 2447, and 2448.
39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a
publically-available privacy policy that describes what PII they collect, how they plan to use the PII,
whether they share PII with third parties, and how individuals may have their PII corrected where
appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and
templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_fuidance june2010.pdf and at
http://www.dhs.gov/xlibrary/assets/privacy/privacy pia template.pdf, respectively.
40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are
obtained.
41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby
all subgrantees, recipients, and subrecipients 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, 15 U.S.C. § 2225.
42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. § 41102) 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 B138942.
43. Agrees that all publications created or published with funding under this grant shall prominently contain the
following statement: "This document was prepared under a grant from FEMA's Grant Programs
Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document
are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant
Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when
practicable, any equipment purchased with grant funding shall be prominently marked as follows:
"Purchased with funds provided by the U.S. Department of Homeland Security."
44. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in
any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or
sub -recipient purchases ownership with Federal support. The recipient must affix the applicable copyright
notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including
award number) to any work first produced under Federal financial assistance awards, unless the work
Page 6 Initials _
includes any information that is otherwise controlled by the Government (e.g. classified information or
other information subject to national security or export control laws or regulations). The recipient agrees to
consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are
purchased with, this funding.
45. Recipients receiving Federal financial assistance to be used to perform eligible work approved in the
submitted application for Federal assistance and after the receipt of Federal financial assistance, through the
State of California, agrees to the following:
a. Promptly retum to the State of California all funds received which exceed the approved, actual
expenditures as determined by the Federal or State government.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount
of the reduction will be promptly refunded to the State of California.
c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are
deobligated or disallowed and not promptly repaid.
d. HSGP funds used for the improvement of real property must be promptly repaid following
deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property
for the amount owed.
e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of
$100 per Federal Fiscal Year.
46. Understands that recipients who receive awards made under programs that provide emergency
communication equipment and its related activities must comply with the SAFECOM Guidance for
Emergency Communication Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7
U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for
research, teaching, or other activities supported by this award of assistance.
48. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards
Act (29 U.S.C. § 201), as they apply to employees of institutions of higher education, hospitals, and other
non-profit organizations.
49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as
amended or updated via later executive order(s), means information that has been determined pursuant to
EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified
status when in documentary form. No funding under this award shall be used to support a contract,
subaward, or other agreement for goods or services that will include access to classified national security
information if the award recipient has not been approved for and granted access to such information by
appropriate authorities.
50. Agrees that where an award recipient has been approved for and has access to classified national security
information, no funding under this award shall be used to support a contract, subaward, or other agreement
for goods or services that will include access to classified national security information by the contractor,
subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial
Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with
whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be
processed and administered in accordance with the DHS "Standard Operating Procedures, Classified
Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other
applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and
other applicable implementing directives or instructions. Security requirement documents may be located
at: http://www.dhs.gov/xopnbiz/grants/index.shtm
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51. Immediately upon determination by the award recipient that funding under this award may be used to
support a contract, subaward, or other agreement involving access to classified national security information
pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a
contract, subaward, or other agreement, the award recipient shall contact ISPB, and the applicable Federal
department or agency, for approval and processing instructions.
DHS Office of Security ISPB contact information:
Telephone: 202-447-5346
Email: DD254AdministrativeSecurity@dhs.gov
Mail: Department of Homeland Security
Office of the Chief Security Officer
ATTN: ASD/Industrial Security Program Branch
Washington, D.C. 20528
52. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If
recipients are authorized to make subawards under this award, they must first notify potential subrecipients
that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number.
For purposes of this award term, the following definitions will apply:
a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and
assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number
may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at
http://fedgov.dnb.com/webform.
b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25,
subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a
foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -
profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a
non -Federal entity.
c. "Subaward" means a legal instrument to provide support for the performance of any portion of the
substantive project or program for which you received this award and that you as the recipient award
to an eligible subrecipient. It does not include your procurement of property and services needed to
carry out the project or program (for further explanation, see section 210 of the attachment to OMB
Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") and may be
provided through any legal agreement, including an agreement that you consider a contract.
d. "Subrecipient" means an entity that receives a subaward from you under this award, and is
accountable to you for the use of the Federal funds provided by the subaward.
53. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a-7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards
Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub -agreements.
54. Agrees that equipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense
Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency
medical, hazardous materials response services, and law enforcement agencies within the
jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a
manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire
Services and Rescue Mutual Aid Plan.
b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed
in conformance with that Strategy.
55. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents.
The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal
preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent
Page 8 Initials
nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and
private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate
the effects of incidents, regardless of cause, size, location, or complexity.
56. Will comply with OMB Standard Form 424B Assurances — Non construction Programs, whereby the
awarding agency may require subgrantees and subrecipients to certify to additional assurances.
57. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or
suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under
Executive Order 12549 and 12689, "Debarment and Suspension." As required by Executive Order 12549,
Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary
covered transactions, 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. Applicant
certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency.
b. Have not within a three-year period preceding this 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.
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default; and
d. 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.
58. Will comply with requirements to acknowledge 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.
59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or
reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast
Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),
which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free
workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of
violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment.
These regulations are codified at 2 CFR 3001.
61. Will comply with the requirements of the government -wide award term which implements Section 106(g)
of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2
CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register,
Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended,
requires the agency to include a condition that authorizes the agency to terminate the award, without
penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period
of time that the award is in effect, procures a commercial sex act during the period of time that the award is
Page 9 Initials
in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of
the award term is provided at 2 CFR § 175.15.
62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of
national origin, which requires that recipients of federal financial assistance take reasonable steps to provide
meaningful access to their programs and services. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. Recipients are encouraged to
consider the need for language services for LEP persons served or encountered both in developing budgets
and in conducting programs and activities. Recipient shall comply with DHS Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting
Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011), resulting from Executive
Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance
at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-
access-people-limited and additional resources on http://www.lep.gov.
63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides
for the protection and enhancement of the quality of the nation's air resources to promote public health and
welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's
waters is considered research for other purposes.
64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in
DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with
human subjects. The regulations specify additional protections for research involving human fetuses,
pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of
autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part
46.
65. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42
U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters. To comply with NEPA for its grant -supported
activities, DHS requires the environmental aspects of construction grants (and certain non -construction
projects as specified by the Component and awarding office) to be reviewed and evaluated before final
action on the application.
66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended,
which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation
of a structure insured under the Act that is located along the shore of a lake or other body of water and that
is certified by an appropriate State or local land use authority to be subject to imminent collapse or
subsidence as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels. These regulations are codified at 44 CFR Part 63.
67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. §
4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct
property may be provided in identified flood -prone communities in the United States, unless the community
participates in the National Flood Insurance Program and flood insurance is purchased within one year of
the identification. The flood insurance purchase requirement applies to both public and private applicants
for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal
Register by FEMA.
68. Will comply with the requirements of Executive Order 11990, which provides that federally -funded
construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive
Order provides that, in furtherance of section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal
agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located
in wetlands unless the head of the agency finds that there is no practicable alternative to such construction,
Page 10 Initials
and that the proposed action includes all practicable measures to minimize harm to wetlands that may result
from such use. In making this finding, the head of the agency may take into account economic,
environmental, and other pertinent factors. The public disclosure requirement described above also pertains
to early public review of any plans or proposals for new construction in wetlands. This is codified at 44
CFR Part 9.
69. Will comply with the 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. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin,
or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective,
bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified
materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any
biological agent or toxin that is listed as a select agent.
70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to
Cal OES.
a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report
each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as
defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
b. Where and when to report: you must report on each obligating action described in the following
paragraphs to Cal OES. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if the obligation was made on
November 7, 2013, the obligation must be reported by no later than December 31, 2013.)
c. What to report: You must report the information about each obligating action that the submission
instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to
the compensation information, see the U.S. Security and Exchange Commission total compensation
filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive
total compensation to Cal OES by the end of the month following the month during which you make
the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all
sources, under $300,000, you are exempt from the requirements to report on subawards, and the total
compensation of the five most highly compensated executives of any subrecipient.
d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each
of your five most highly compensated executives for the preceding completed fiscal year, if
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues
from Federal procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and
$25,000,000 or more in annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at
2 CFR § 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the executives
through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986.
(To determine if the public has access to the compensation information, see the U.S.
Security and Exchange Commission total compensation filings at
http://www.sec.gov/answers/execomp.htm.)
iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier
subrecipient under this award, you shall report the names and total compensation of each of
the subrecipient's five most highly compensated executives for the subrecipient's preceding
completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient
received 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the Transparency
Act, as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in annual
gross revenues from Federal procurement contracts (and subcontracts), and Federal
Page 11 Initials
financial assistance subject to the Transparency Act (and subawards); and the public does
not have access to information about the compensation of the executives through periodic
reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986.
71. Understands that failure to comply with any of these assurances may result in suspension, termination, or
reduction of grant funds.
72. The undersigned represents that he/she is authorized by the above named applicant to enter into this
agreement for and on behalf of the said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent: Ron Mo r r i s o n
Title: Mayor Date:
Page 12
Attachment B
Date:
CERTIFICATION OF PUBLIC SAFETY PERSONNEL
BY CATEGORY
FY 14 UASI
Agency: City of National City
Authorized Agent Name: Ron Morrison
Authorized Agent Signature:
Public safety personnel shall only be counted in one category, as defined in the Memorandum
of Understanding between the City of San Diego and the participating agency, and one job
classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The
required listing of public safety personnel shall be by job classification from personnel,
payroll and/or budgetary records. For classifications not listed, please use the additional lines
within each category.
EMERGENCY MEDICAL TECHNICIAN I
EMERGENCY MEDICAL TECHNICIAN II
PARAMEDIC
LIFEGUARD I
LIFEGUARD II
LIFEGUARD III
LIFEGUARD SERGEANT
MARINE SAFETY LIEUTENANT
LIFEGUARD CHIEF
TOTAL
0
FIRE FIGHTER
18
FIRE ENGINEER
9
FIRE CAPTAIN
9
FIRE BATTALION CHIEF
4
Attachment B
DIRECTOR OF EMERGENCY SERVICES
1
TOTAL
I`iErF ATI
HAZARDOUS MATERIALS SPECIALIST
41
HAZARDOUS MATERIALS TECHNICIAN
TOTAL
POLICE OFFICER
'
I$ R '
0
PER_
44
POLICE CORPORAL
21
POLICE SERGEANT
14
POLICE LIEUTENANT
4
POLICE CAPTAIN
2
POLICE CHIEF
1
TOTAL
86
RESOLUTION NO. 2015 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND
THE CITY OF NATIONAL CITY REGARDING FY14 URBAN AREA SECURITY
INITIATIVE GRANT FUNDING FOR A REIMBURSABLE GRANT FOR
EQUIPMENT AND TRAINING FOR POLICE AND FIRE PERSONNEL
WHEREAS, the Urban Area Security Initiative ("UASI") grant provides funding for
equipment and training needed to respond to natural or man-made disasters or terrorism
incidents that may occur in the San Diego urban area; and
WHEREAS, the City of National City is required to execute a Memorandum of
Understanding with the City of San Diego Office of Homeland Security that documents the
roles, responsibilities, and expectations at the local, state, and federal levels, and ensures
that the City of National City, as a participant in the program, agrees to meet the State and
federal requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Memorandum of Understanding with
the City of San Diego Office of Homeland Security regarding the Fiscal Year 2014 Urban
Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on
file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of January, 2015.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
January 27, 2015
Mr. John Valencia
City of San Diego
Office of Homeland Security
1010 Second Avenue, Suite 1500
San Diego, CA 92101
Dear Mr. Valencia,
On January 20th, 2015, Resolution No. 2015-2 was passed and adopted by the City
Council of the City of National City, authorizing the Memorandum of Understanding
with the City of San Diego Office of Homeland Security.
We are forwarding a certified copy of the above Resolution and two partially executed
original Memorandum of Understanding. Please return a fully executed original
Memorandum of Understanding to us for our files.
Michael R. Dalla, CMC
City Clerk
Enclosures