HomeMy WebLinkAbout2016 CON City of San Diego - UASI Grant Program FY 15AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE
CITY OF NATIONAL CITY
FOR THE DISTRIBUTION OF FY 2015 UASI GRANT FUNDS
THIS AGREEMENT is made this day of March 15, 2016, in the City and County of San Diego, State of
California, by and between the CITY OF NATIONAL CITY ("SUBRECIPIENT") and the CITY OF
SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the
Approval Authority, as defined below, acting by and through the San Diego Office of Homeland Security
("OHS").
RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an
eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area
("SDUA") was established for the purpose of application for and allocation and distribution of federal
Urban Areas Security Initiative ("UASI") program grant funds; and
WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee
established by the San Diego County Unified Disaster Council, was established as the Approval
Authority for the SDUA, to provide overall governance of the homeland security grant program across the
SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure
compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Homeland Security ("SD OHS"), as the "core city"
for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OHS Executive
Director is responsible for implementing and managing the policy and program decisions of the Approval
Authority, directing the work of the UASI Management Team personnel, and performing other duties as
determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through
the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish
procedures and execute subgrant agreements for the distribution of UASI program grant funds to
jurisdictions selected by the Approval Authority to receive grant funding; and
WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and
to establish procedures and provide all financial services for distribution of UASI program grant funds
within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management
Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT
on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
FY 15 UASI — SUBRECIPIENT
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ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and
regulations there under) and all other applicable federal, state and local disability rights legislation, as the
same may be amended, modified or supplemented from time to time.
(b) "Authorized Expenditures" shall mean expenditures for those purposes identified and
budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification.
(c) "Event of Default" shall have the meaning set forth in Section 7.1.
(d) "Fiscal Ouarter" shall mean each period of three calendar months commencing on July
1, October 1, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT
(DUNS#: 0724940730000) under this Agreement. This Agreement shall specifically cover funds
allocated or disbursed from Cal OES Grant No. 2015-00078, Cal OES ID No. 073-66000, CFDA No.
97.067, per Cal OES award notice dated September 25, 2015.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described in the approved Financial
Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant
Plan, SUBRECIPIENT shall submit a written request to the SD OHS Executive Director with the
following information: Scope of change requested, reason for change, proposed plan for change,
summary of approved and requested modifications to the Grant Plan, and any necessary approvals in
support of change (e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions,
departments including OHS, agencies, and other subdivisions of San Diego; (ii) San Diego's elected
officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities
acting on behalf of the foregoing.
(h) "Lasses" shall mean any and all liabilities, obligations, losses, damages, penalties,
claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal
fees and expenses and costs of investigation, of prosecuting or defending any Loss described above)
whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(i)
"Reimbursement Request" shall have the meaning set forth in Section 3.10(a).
(j) "UASI Management Team" shall mean The City of San Diego Office of Homeland
Security Executive Director, Program Manager, Supervising Homeland Security Coordinator, as well
as project, grant, and administrative staff. The Executive Director appoints members to the
Management Team to implement the policies of the UAWG.
1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms
shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or
"proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The
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terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or
satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to
be followed by the words "without limitation." The use of the term "subcontractor," "subgrantee,"
"successor" or "assign" herein refers only to a subcontractor, subgrantee, successor or assign expressly
permitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by reference herein; and (c) any and all amendments,
modifications or supplements hereto made in accordance with Section 10.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to
this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation,
executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that
statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or
instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins,
and instructions, the decision -making of the Cal OES and the Approval Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or
direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal
OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have
no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and
finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action,
informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions
by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed,
it assumes all risk of possible non -allocation or non -reimbursement of funds, and such acknowledgement
and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller: Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as
set forth in Section 39 of the City of San Diego City Charter:
"No contract, agreement, or other obligation for the expenditure of public funds shall be entered
into by any officer of the City and no such contract shall be valid unless the Chief Financial
Officer shall certify in writing that there has been made an appropriation to cover the expenditure
and that there remains a sufficient balance to meet the demand thereof."
ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on NOVEMBER 1.2015
and shall end at 11:59 p.m. San Diego time on JANUARY 31.2018.
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3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and
Exercise Participation Award Letter and/or approved modification. The City will not automatically
transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must
submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI
Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use
or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other
federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory
proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OHS Executive Director or designee has provided written approval for the
request. In addition, if the modification request requires approval from the Approval Authority and/or
Cal OES, as determined by the SD OHS Executive Director, SUBRECIPIENT shall not appropriate,
encumber or expend any additional or reallocated Grant Funds pursuant to the modification request
without approval from the Approval Authority and/or Cal OES.
(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace (supplant) funds that have been appropriated for the same purpose.
(d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement.
3.4 Grant Assurances: Other Requirements: Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall
require all subgrantees, contractors and other entities receiving Grant Funds through or from
SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those
Grant Assurances.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with
all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of
the grant award; the approved application, and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all subgrantees, contractors and other entities
receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations,
executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant
management memos, and instructions; the terms and conditions of the grant award; the approved
application, and any conditions imposed by Cal OES or the Approval Authority.
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(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of
San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation,
planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall
cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection,
planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI
Management Team. For ensuring compliance with non -supplanting requirements, upon request by City or
the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of
non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative. Programmatic and Financial Management Requirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems and records
in accordance with federal and State of California requirements. This provision requires, at a minimum,
that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to
DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21,
A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and
Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all
awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies,
which can capture, store, analyze, transmit and/or display location -based information (i.e., information
linked to a latitude and longitude), and to align any geospacial activities with the guidance available on
the Federal Emergency Management Agency ("FEMA") website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system
funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies, if applicable.
(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for
Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
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3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any
Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment
items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds.
3.8 $uhgrantee and Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor or
other entity receiving Grant Funds through or from SUBRECIPIENT is not debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs, under Executive
Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain
documentation of eligibility before disbursing Grant Funds to any subgrantee, contractor or other entity.
SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall
establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not
provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for
effective use and/or dissemination of the list to assure that its grantees and subgrantees, including
contractors, at any tier do not make awards in violation of the non -procurement debarment and suspension
common rule.
(b) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New
Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001,
Requirements for Drug -Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic
monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant
Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other
criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness
Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a
combination of desk -based reviews and on -site monitoring visits, inspection of records, and verifications
of grant activities. These reviews will involve a review and analysis of the financial, programmatic,
performance and administrative issues relative to each program and will identify areas where technical
assistance and other support may be needed. The reviews may include, but are not limited to:
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1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and
disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Grant Assurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This
requirement includes but is not limited to mandatory on -site verification visits.
(c) If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified
for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team will
return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team.
(e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may
withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its
option, City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's
obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses,
over and above planning and implementation costs, must be sustained once the Grant Funding ends.
If Equipment is purchased with grant funds the equipment must be sustained through the useful life of
equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees
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to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3.13 Mr Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any
project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information
to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and
to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions
placed on the project as the result of the EHP review, and implement any treatment or mitigation
measures deemed necessary to address potential adverse impacts. With prior approval of the UASI
Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents
and/or implementing treatment or mitigation measures. Any change to the approved project scope
of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities
occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team
and ensure monitoring of ground disturbance. If any potential archeological resources are discovered,
SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management
Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT
is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete
its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA
EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the
denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall
comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC §13212).
3.15 Rovalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty -
free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to
use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b)
any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds.
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3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or
developed under this Agreement prominently contain the following statement: "This document was
prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate
(FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in
this document are those of the authors and do not necessarily represent the official position or policies of
FEMA/GPD or the US Department of Homeland Security."
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement
requests and supporting documentation will be submitted to the UASI Management Team postmarked no
later than January 13, 2017. Extension requests may be granted based on extenuating circumstances
beyond the control of the subrecipient and must be made via the Performance Period Extension Request
Form (Appendix D). Requests must contain specific and compelling justifications as to why an extension
is required and must be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial,
operational and other reports, as requested by the UASI Management Team, in form and substance
satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on
recycled paper and printed on double -sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI
Management Team and City immediately of (a) any Event of Default or event that, with the passage
of time, would constitute an Event of Default; (b) any change of circumstances that would cause any
of the representations or warranties contained in Article 5 to be false or misleading at any time during the
term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT
to be out of compliance with the Grant Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books
and accounting records relating to Authorized Expenditures and to Grant Funds received and expended
under this Agreement, together with all invoices, documents, payrolls, time records and other data
related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds.
SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other
data required to be maintained under this Section in a readily accessible location and condition for a
period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal
OES has been fully completed, whichever is later.
4.4 jnspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team,
and to UASI Management Team and City employees and authorized representatives, during regular
business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be
established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to
examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI
Management Team and City employees and authorized representatives, to inspect, audit, examine and
make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and
City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to
maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The
DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same
inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate
with any federal or state audit.
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4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more,
SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit
must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200
Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six
months after the end of SUBRECIPIENT's fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI
Management Team in connection with this Agreement, any Reimbursement Request or any other
document relating to any of the foregoing, contains or will contain any untrue statement of material fact
or omits or will omit a material fact necessary to make the statements contained therein not misleading,
under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in
federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and
Suspension" and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds
to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR
Part 9.
(c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug -free
workplace as required under that Act and implementing regulations.
(d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB
Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material
terms of the Agreement.
5.3 NIMS Complianc. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National
Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via
the National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By
executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance, and that it has
reported that compliance via the NIMSCAST. SUBRECIPIENT shall provide documentation of its
NIMS compliance to the UASI Management Team. SUBRECIPIENT acknowledges that this
certification is a material term of the Agreement.
FY 15 UASI — SUBRECIPIENT
Page 10 of 19 November 1, 2015
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused,
directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents;
(d) any loss of or damage to property caused, directly or indirectly, by any act or omission of
SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment
or facility used by SUBRECIPIENT, or by any of its employees, subgrantees or agents, regardless of
whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified
Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section
10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or
trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or
services furnished by SUBRECIPIENT or its employees, subgrantees or agents to such Indemnified Party
in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable
fees of attorneys, consultants and experts and related costs and San Diego's costs of investigating any
claims against San Diego.
6.2 Duty to Defend: Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation
to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its
other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of
Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be
groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give
SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified
Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest
between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT's
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability
with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
6.4 J,IMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
FY 15 UASI — SUBRECIPIENT
Page 11 of 19 November 1, 2015
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for a period of ten (10) days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they
become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment
for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT' s property
or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,
receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or
(iii) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City
may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
and approved by the UASI Management Team and by City prior to the date of termination specified in
such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the UASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
FY 15 UASI — SUBRECIPIENT
Page 12 of 19 November 1, 2015
(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement, together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time
during the term hereof, for convenience and without cause. City shall exercise this option by giving
SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with
diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI
Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the
UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse
SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team
as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its
contractors or subgrantees after the termination date specified by City.
(e)
City's payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable laws, rules
and regulations. The remedies contained herein are in addition to all other remedies available to City at
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights,
duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI
Management Team; provided, however, that any contractor or subgrantee specifically referenced in
Appendix A shall not require the consent of Management Team. This Agreement shall not, nor shall any
interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law
without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale
or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for
purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void.
FY 15 UASI — SUBRECIPIENT
Page 13 of 19 November 1, 2015
8.3 $UBRECIPWENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for
the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in
this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via
facsimile (if a facsimile number is provided below):
If to City of San Diego Office of Homeland Security UASI Management Team:
San Diego Office of Homeland Security
1010 Second Ave, Suite 1500
San Diego, CA 92101
Attn: Katherine Jackson, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:
City of National City
343 E. 16th Street
National City, CA 91950
Attn: Walter Amedee
Facsimile No.: (619) 336-4328
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt,
completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized
agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such
confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report
of the party giving such notice.
9.3 Change of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied
from any failure by the UASI Management Team or San Diego to take action on account of such default if
such default persists or is repeated. No express waiver by San Diego shall affect any default other than the
default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the
FY 15 UASI — SUBRECIPIENT
Page 14 of 19 November 1, 2015
UASI Management Team of any action requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms
be waived, except by written instrument executed and approved in the same manner as this Agreement;
provided, however, that the General Manager or designee may establish alternate procedures for
modification of the Grant Plan.
10.3 Governing Law: Venue. The formation, interpretation and performance of this Agreement shall
be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue
for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San
Diego.
10.4 $UBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority, as and when due, any and all taxes, fees, assessments or other governmental
charges, including possessory interest taxes and California sales and use taxes, levied upon or in
connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by
this Agreement.
10.5 j-Jeadings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes all other oral or written provisions. The following Appendices are attached to and a part of
this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Performance Period Extension Request
10.7 Certified Resolution of SignatoryAu hority. Upon request of San Diego, SUBRECIPIENT
shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and
performance of this Agreement, certified as true, accurate and complete by the appropriate authorized
representative of SUBRECIPIENT.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision valid
and enforceable.
10.9 ,Successors: No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity (other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein.
FY 15 UASI — SUBRECIPIENT
Page 15 of 19 November 1, 2015
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do
such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA
reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
1. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of Federal Domestic Assistance program number;
e) Award title (descriptive of the purpose of the funding action);
f) Location of the entity and primary location of performance including city, state, and
Congressional district;
g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and,
h) Total compensation and names of top five executives (same thresholds as for prime
recipients).
2. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub -contracts
and Federal financial assistance), and $25,000,000 or more in annual gross revenues from
Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and
Exchange Commission.
10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds.
FY 15 UASI — SUBRECIPIENT
Page 16 of 19 November 1, 2015
ARTICLE 11
INSURANCE
11.1 ,Types and Amounts of Coverage. Without limiting SUBRECIPIENT' s liability pursuant to
Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the
Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits
not less than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability,
Personal Injury, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non -
Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General
Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers,
Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the
Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers'
Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT
may acquire from SUBRECIPIENT by virtue of the payment of any loss. SUBRECIPIENT
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the
City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written
notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a
claims -made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
effect that, should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims -made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
FY 15 UASI — SUBRECIPIENT
Page 17 of 19 November 1, 2015
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do
business in the State of California, and that are satisfactory to City, in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of
SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or subgrantee
will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the
subcontractor or subgrantee shall provide all necessary insurance and shall name the City and County of
San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self -
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide
proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Diego employee working with SUBRECIPIENT or any
subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of
SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges,
services, or membership in all business, social, or other establishments or organizations, on the basis of
the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height,
weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or
Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members
of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges
that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government
Code of the State of California, and certifies that it does not know of any facts which constitutes a
violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such
fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs,
services and other activities provided by a public entity to the public, whether directly or through a
grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate
against any person protected under the ADA in connection with all or any portion of the Grant Plan and
shall comply at all times with the provisions of the ADA.
FY 15 UASI — SUBRECIPIENT
Page 18 of 19 November 1, 2015
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY OF SAN DIEGO:
Katherine Jackson
Program Manager
Office of Homeland Security
Approved as to Form:
Jan I. Goldsmith
City 4ttorney
By:
I
Deputy City borne
CITY OF NATIONAL CITY:
By:
MORRISON
MAYOR
Federal Tax ID #: 95-6000749
Approved as to Form:
By:
a dia Gacit
City Atto ey
Si va
FY 15 UASI — SUBRECIPIENT
Page 19 of 19 November 1, 2015
Appendix A— SUBRECIPIENT Award Letter
THE CITY OF SAN DIEGO
December 22, 2015
Ron Morrison
Mayor
National City
1243 National City Blvd
National City, CA 91950
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2015 Homeland Security Grant Program
Grant# 2015-00078 Cal OES ID# 073-66000
Sub -recipient Performance Period: September 1. 2015. to Member .? I. 2017
Sub -recipient:
The San Diego Office of Homeland Security (SD OHS) approved your FY 15
Urban Area Security Initiative (UASI) award.
Activities: Amount
completion Date
All Projects $2,000 December 31, 2016
Project A $2,000 December 31, 2016
Project B $ December 31, 2016
Project C $ December 31, 2016
Project D $ December 31. 2016
Project E $ December 31, 2016
Once your completed MOU and Grant Assurances are signed and received in our office. you may
request reimbursement of eligible grant expenditures.
During the application process, the Regional Technology Partnership (RTP) vetted and the Urban
Area Working Group (UAWG) approved your project (s). Throughout the grant cycle. SD OHS will
use performance milestones set in the HSGP application as indicators of performance and this
information may be used in assessing future competitive grant applications. All activities funded with
this award must he completed within the sub -recipient performance period.
You are required to comply with all applicable federal, state, and local environmental and historic
preservation (EHP) requirements. Additionally, Aviation/Watercraft requests. projects requiring
EHP review. and sole source procurement requests require additional approvals from California
Governor's Office of Emergency Services (Cal OES). Sub -recipients must obtain written approval
for these activities prior to incurring any costs, in order to be reimbursed for any related costs under
this grant. Sub -recipients are also required to obtain a performance bond prior to the purchase of any
OFFICE OF HOMELAND SECURITY
1010 SECOND AVENUE. SUITE 1500. SAN DIEGO. CALIFORNIA 92101
PHONF: (619)533.6760 F AX: (619)533.6786
FY 15 UASI — SUBRECIPIENT
A-1 November 1, 2015
National City
December 22. 2015
Page 2
equipment item over $250,000. including any aviation or watercraft financed with homeland security
dollars. Performance bonds must be submitted to your UASI Program Representative no later than
the time of reimbursement.
Following acceptance of this award, you must sign and return the Si) OHS Memorandum of
Understanding (MOIi) as well as the CaI OES grant assurances. Your agency must coordinate
with SD OHS to prepare and submit quarterly projections via email so that SD OiiS can
comply with the semi-annual BSIR reporting for the duration of the grant period or until you
complete all activities and the grant is formally closed. You must also submit a copy of the CaI
OES performance reports to your UASI Program Representative monthly or as directed. Failure to
submit required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current
needs, approved amounts, or those found owed as a result of a final review or audit, must be
retimded to SD OHS within 30 days upon receipt of an invoice from SD OHS.
Your dated signature is required on this letter. Please sign and return the original to your UASI
Program Representative at 1010 2nd Ave Ste. 1500, San Diego, CA 92101 within 20 days
of receipt and keep a copy for your files.
For further assistance, please feel free to contact your SD OHS UASI Program Representative
at (619) 533-6760.
Sinrely,
Katherine Jackson
Program Manager
City of San Diego Office of I iomeland Security
FY 15 UASI — SUBRECIPIENT
A-2 November 1, 2015
Appendix B-- Grant Assurances
Name of Jurisdiction: City of National City
Name of Authorized Agent: Walter Amedee Address: 343 E. 16' Street
City: National City State: California Zip Code: 91950
Telephone Number: (619) 336-4556
Fax Number: (619) 336-4328 E-Mail Address: wamedeenationalcityca.qov
As the duly authorized representative of APPLICANT, I hereby certify that APPLICANT
has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any non -Federal share of project cost)
to ensure proper planning, management and completion of the project described in this
application, within prescribed timelines.
I further acknowledge that APPLICANT is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for
federal grant programs are housed in Title 2, Part 200 of the Code of Federal
Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on
http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are called out below. APPLICANT hereby agrees to comply with
the following:
1. Proof of Authority
APPLICANT will obtain written authorization from the city council, governing board or
authorized body in support of this project. This written authorization must specify that
APPLICANT and the city council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash
match will be appropriated as required.
(b) That any liability arising out of the performance of this agreement shall be the
responsibility of APPLICANT and the city council, governing board or authorized
body.
(c) That grant funds shall not be used to supplant expenditures controlled by the city
council, governing board or authorized body.
(d) That the official executing this agreement is, in fact, authorized to do so.
FY 15 UASI — SUBRECIPIENT B-1 November 1, 2015
Initials: etP"
This Proof of Authority must be maintained on file and readily available upon demand.
2. Period of Performance
APPLICANT will initiate work after approval of the award and complete all work within the
period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons
entering into a contract, grant, loan or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, APPLICANT certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
APPLICANT will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and
§§7324- 7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
Finally, APPLICANT agrees that Federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation or policy
without the express written approval from the California Governor's Office of Emergency
Services (Cal OES) or the Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and
codified in 2 CFR Part 180, Debarment and Suspension, 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, or voluntarily excluded from covered transactions by any Federal
FY 15 UASI — SUBRECIPIENT
B-2 November 1, 2015
Initials:
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 (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (Federal, State, or local) terminated for cause or default.
Where APPLICANT is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
APPLICANT will comply with all Federal statutes relating to non-discrimination. These
include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.
§2000d et. seq.) which prohibits discrimination on the basis of race, color or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to ADA (42 U.S.C. 12101, etseq.);
(e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age;
(f) Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended (P.L.
96-181), relating to nondiscrimination on the basis of Treatment or recovery from
drug abuse;
(g) 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;
(h) 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;
(i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing;
(j) EO 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over $10,000 in Government business in
one year from discriminating in employment decisions on the basis of race,
FY 15 UASI — SUBRECIPIENT
B-3 November 1, 2015
Initials:
color, religion, sex, or national origin;
(k) EO 11375, which bans discrimination on the basis of sex in hiring and
employment in both the United States federal workforce and on the part of
government contractors;
(I) California Public Contract Code §10295.3, which addresses discrimination based
on domestic partnerships;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may
apply to the application.
In addition to the items listed in (a) through (n), APPLICANT will comply with
California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment
and discrimination in employment because of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital status, national origin,
ancestry, mental and physical disability, medical condition, age, pregnancy, denial of
medical and family care leave, or pregnancy disability leave (California Government
Code sections 12940, 12945, 12945.2) and/or retaliation for protesting illegal
discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.),
APPLICANT certifies that it will or will continue to provide a drug -free workplace and a
drug -free awareness program as outlined in the Act.
7. Environmental Standards
APPLICANT will comply with State and Federal environmental standards which may be
prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of
the United States and regulating quality standards for surface waters.
(d) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on
the Environmental Justice Act (EO 12898) and Environmental Quality (EO
11514);
(e) Notification of Environmental Protection Agency (EPA) violating facilities
pursuant to EO 11738;
(f) Protection of wetlands pursuant to EO 11990;
(g) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(h) 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.);
FY 15 UASI - SUBRECIPIENT
B-4 November 1, 2015
Initials: T.,,)a
(i) Conformity of Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
§7401 et seq.);
(j) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523);
(k) Protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93-205);
(I) 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.
Finally, APPLICANT shall not be: 1) in violation of any order or resolution promulgated
by the State Air Resources Board or an air pollution district; 2) subject to a cease
and desist order pursuant to §13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) finally determined to be in violation
of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in Federal grant funds annually,
APPLICANT will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of
Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, APPLICANT will give the awarding agency, the
Comptroller General of the United States and, if appropriate, the State, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents related to the award. APPLICANT will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply
with this provision.
10. Conflict of Interest
APPLICANT 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.
11. Financial Management
False Claims for Payment
APPLICANT will comply with 31 U.S.0 §3729 which sets forth that no subgrantee,
recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
APPLICANT agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170),
specifically (a) the reporting of subawards obligating $25,000 or more in federal funds
and (b) executive compensation data for first -tier subawards. This includes the provisions
of FFATA, which includes requirements on executive compensation, and also
requirements implementing the Act for the non -Federal entity at 2 CFR part 25 Financial
FY 15 UASI — SUBRECIPIENT
B-5 November 1, 2015
Initials: 49--
Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part
170 Reporting Subaward and Executive Compensation Information.
APPLICANT also must comply with statutory requirements for whistleblower protections
at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310
and 31 U.S.C.§6101 et seq.
13. Human Trafficking
APPLICANT will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award
recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons
during the period of time that the award is in effect (2) Procuring a commercial sex act
during the period of time that the award is in effect or (3) Using forced labor in the
performance of the award or subawards under the award.
14. Labor Standards
APPLICANT will comply with the following federal labor standards:
(a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to
276a-7), as applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C.
§874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted construction contracts or
subcontracts.
(b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as
they apply to employees of institutes of higher learning (IHE), hospitals and other
non-profit organizations.
15. Worker's Compensation
APPLICANT must comply with provisions which require every employer to be insured
against liability for Worker's Compensation before commencing performance of the work of
this Agreement, as per California Labor Code §3700.
16. Property -Related
If applicable to the type of project funded by this Federal award, APPLICANT will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs.
These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchase.
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a
special flood hazard area to participate in the program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
FY 15 UASI — SUBRECIPIENT
B-6 November 1, 2015
Initials:
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et
).
seq.
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4831
and 24 CFR Part 35) which prohibits the use of lead -based paint in
construction or rehabilitation of residence structures.
17. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, APPLICANT will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the Federal awarding agency directives
and will include a covenant in the title of real property acquired in whole or in part
with Federal assistance funds to assure nondiscrimination during the useful life of
the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting,
review and approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
18. Freedom of Information Act
APPLICANT acknowledges that all information submitted in the course of applying for
funding under this program or provided in the course of an entity's grant management
activities which is under Federal control is subject to the Freedom of Information Act
(FOIA), 5 U.S.C. §552. APPLICANT should also consult its own State and local laws and
regulations regarding the release of information, which should be considered when
reporting sensitive matters in the grant application, needs assessment and strategic
planning process.
19. California Public Records Act
APPLICANT acknowledges that all information submitted in the course of applying for
funding under this program or provided in the course of an entity's grant management
activities may be subject to the California Public Records Act (California Government
Code §§6250-6276.48), which requires inspection and/or disclosure of governmental
records to the public upon request, unless exempted by law.
HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES /
CERTIFICATIONS
20. Personally Identifiable Information
Subrecipients collecting Personally Identifiable Information (PII) must have a publically-
available 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.
FY 15 UASI - SUBRECIPIENT
B-7 November 1, 2015
Initials: �r19"
21. Disposition of Equipment
When original or replacement equipment acquired under this award is no longer needed
for the original project or program or for other activities currently or previously
supported by the Department of Homeland Security/Federal Emergency Management
Agency, subrecipients must request instructions from Cal OES on proper disposition of
equipment.
22. Reporting Accusations and Findings of Discrimination
If, during the past three years, the subrecipient 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 subrecipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to Cal OES for reporting to the DHS awarding office and the DHS Office of
Civil Rights and Civil Liberties.
If 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 subrecipient, or the subrecipient settles a case or
matter alleging such discrimination, subrecipients must forward a copy of the complaint
and findings to Cal OES for forwarding to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags
All subrecipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal funds.
All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or
reproductions 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.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§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 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).
25. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain
policies relating to energy efficiency that are defined in the state energy conservation
plan issues in compliance with this Act.
26. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space
funded in whole or in part with Federal funds complies with Section 6 of the fire
FY 15 UASI — SUBRECIPIENT
B-8 November 1, 2015
Initials:
prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,
15 U.S.C. §2225a.
27. Terrorist Financing E.O. 13224
All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. It is the legal responsibility of subrecipients to
ensure compliance with the E.O. and laws.
28. USA Patriot Act of 2001
All subrecipients must 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.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including
any and all federal and state grants, loans, reimbursement, contracts, etc. APPLICANT
recognizes and agrees that state financial assistance will be extended based on the
representations made in this assurance. This assurance is binding on APPLICANT, its
successors, transferees, assignees, etc. Failure to comply with any of the above
assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by
APPLICANT and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or termination
of the grant or both and the subrecipient may be ineligible for award of any future grants if
the Cal OES determines that any of the following has occurred: (1) the recipient has made
false certification, or (2) violates the certification by failing to carry out the requirements as
noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers, including contracts under grants and cooperative
agreements and subcontracts.
The undersigned represents that he/she is authorized by APPLICANT to enter into this
agreement for and on behalf of APPLI
Signature of Authorized Agent:
Printed Name of Authorized Agent: Ron Morrison
Title: Mayor
FY 15 UASI - SUBRECIPIENT
Date: March 15, 2016
B-9 November 1, 2015
Initials:
Appendix C -- Form of Reimbursement Request
Gram- FY15 UASI Grain M2015-00078
FIPS M073-66000 CFDA 097 067
REIMBURSEMENT REQUEST
Governor's Office of Homeland Security
FY15 Urban Area Security Grant
Supporting Information for Cash Request
Gash Request! : Requesting reimbursement in the amount of 5--------- DUNS.
Under Penalty of Perjury 1 certifiy that
• The total amount of funds requested pursuant to this Reimbursement Request well be used to reimburse SUBRECIPIENT for Authonzed Expenditures, which expenditures are set fort
on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures
• After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement volt not exceed the maximum
amount set forth in Appendix A of thus agreement for specific protects and programs
• The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT is m
compliance with art Grant Assurances in Appendix B of the Agreement Furthermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the
report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and oblechves set forth in the temn and conditions of the federal award
SUBRECIPIENT is aware that any false, fictitious or fraudulent rnfomnatron or the omission of any material fact, may subiect SUBRECIPIENT to cnminal civil or adrehilreasepena+bes
for fraud, false statements, false clams or olhervsnse
• No Event of Default has occurred and is continuing
• The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT
• This claim is for costs ins it r rd within the st ant pet for inane. period
Premed Name
Title:
Mailing Address:
Remittance Address (Address check
sill be mailed to
Phone Number
Email Address
Fax Number
Signature Dote.
Mall Reimbursement Rerluests to
City of San Diego Office of Homeland Security
Grants Management Section
1010 Second Ave, Ste 1500
San Diego, CA 92101
FY 15 UASI — SUBRECIPIENT
C-1 November 1, 2015
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Cover Sheet
Office of Homeland Security
FY 15 L-rban Area Security- Initiative Grant Program
Award # 2015-00078
C'alEMA ID #073-66000 CFDA #97.067
Reiinbursement Request #
Mail Reimbursement Request to: DATE:
City of San Diego AGENCY:
Office of Homeland Security
ATTN: Grants Management Section DUNS Number:
1010 Second Ave, Ste 1500
San Diego, CA 92101
Expenditure Period:
Maximum Amount of
Funds Specified in
Subrecipent
Award Letter:
Type of Expenditure
Reimbursements
Requested this Request
Total Reimbursements
Requested to Date (incl. this
request)
Equipment
Training
Planning
Organization
Exercise
Total
S -
S -
For questions regarding this reimbusement request contact
Name
Phone
Email
Remittance Address (Address check will be mailed to)
FY 15 UASI — SUBRECIPIENT
C-2 November 1, 2015
Appendix C -- Form of Reimbursement Request
❑
REIMBURSEMENT REQUEST
City of San Diego
Reimbursement Processing Checklist
Equipment Reimbursements
F1' Grant
Jurisdiction Reimbursement Amount
Reimbursement Request Form signed by Authorized Agent of Othei Designated Authorized Signer
Q orkbook
Venfed that iterm are in approved workbook (if it is not hsted in the workbook it is not reimbursable)
Entered invoice mfonnatton on appropriate hnei s) and highhghttd
❑ Requu ed Pre Approvals Attached (EHP. Aviation. Sole Source. etc.)
❑ Pi or emeun Documentation
Agency procuren ent policy (Fedetall . local requit emeuts. the most pplii-��
Numtbes of quotes recen td
Advertisement. Medium Used
RFP Cover Page
(CAW Stints showing the submimng bidden in response to RFP
Award Letter
So e Source (Cope of Agency Apptoval and Ca1EMA Approval
1122 Program
Copy of signed order form submitted to 1122 program
oanaitce Bond if equipment is a vducle. aircraft or watercraft or aim trytuprntnt S250.000 or more
❑ Invoices
Hlnvowes certified as originals
Vendor Debarment List C'heckedPrmt out
Proof of Payment
DUNS Number
C onfam each page within teimbutsement request has gi ant identification stamp
FY 15 UASI — SUBRECIPIENT
C-3 November 1, 2015
Appendix C -- Form of Reimbursement Request
FY
REIMBURSEMENT REQUEST
City of San Diego
Reimbursement Processing Checklist
Equipment Reimbursements
Grant
Jurisdiction Reimbursement Amount
Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Sigper
❑ Workbook
erified that items are in approved workbook (if it is not listed in the workbook it is not reimbursable;
Entered invoice information on appropriate liners) and highlighted
❑ Required Pre -Approvals Attached (EHP. Aviation. Sole Source. etc.)
❑ Procurement Documentation
Agency procurementpolcy (Federal v. local requirements. the most stringent applies)
RFP
umber of quotes received
Adv emsement. Medium Used
RFP Cover Page
Cover Sheets showing the submitting bidders in response to RFP
Award Letter
So Source (Copy of Agency Approval — and CalEMA Approval
1122 Program
Copy of signed order form submitted to 1122 program
oonance Bond if equipment is a vehicle. aircraft or watercraft or any equipment S250.000 or more
❑ Invokes
Invoices certified as originals
'endow Debarment list CheckedfPrmt out
❑ Proof of Payment
DUNS Number
Confum each page within reimbursement request has grant identification stamp
FY 15 UASI — SUBRECIPIENT
C-4 November 1, 2015
Appendix C -- Form of Reimbursement Request
nr
REIMBURSEMENT REQUEST
C'ity of San Diego
Reimbursement Processing Checklist
Training Reimbursements
Grant
Reimbursement Amount
Rtitnhursetaenr Rtslue<r For in •i_ned h .aarhoiized A ent of Orli Dt<ignated \utilotizt<i SiZnts
CDTt alninQ Detail \\ otLsheet
❑ Invoices
❑\'*tdot Debarment List Checked Punt ou
❑ Procurement Documentation 1Agency procurementpot:yrFederal s. local requirements. the most stringeat applies)
Quotes
Number of quote: received
Advemstmeent. Medium Used
sed
RFP Coves Page
CoverSheets shotng the submtttzng btddei s in response to REP
Award Lett*
Sole Source (Copy of Agency Approval — and CalEMA Approval '
Proof of Course Total Cost (if requesting reimbursement)
C out se Roster of Proof of Attendance (certificate)
Proof of Travel C osts (if requesting trimbut seinent) Von most me the most t esti icm a rates between s out agency and Fed., al Pet Diem
(eau actot ( onsukant Summar (Email Electronic Version to OHS)
Personnel Summars of ocrrtimr costs
Pas -roll documentation
Ada Time Card for Each Employee
Proof of Hourly Rate
Anancial System Report Sbmcuto Fxpens.
Proof of Payment
Agent employee 'overbuy as contractor must shouymsdrptoof
C confirm each page within the reimbursement request has a stamp Ernaikd Electronic Version of Emplorxe Summary to OHS
El DENS Number
FY 15 UASI — SUBRECIPIENT
C-5 November 1, 2015
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Cite of San Diego
Reimbursement Processing Checklist
Exercise Reimbursements
FA' Grant
Jurisdiction Reimbursement Amount
❑ Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signet
❑ Exercise Dead Woiksheet
❑Vended that total in each column matches dottm eutatien total Invaded
❑ Invokes
❑ Procurement Documentation 1Agency procurement pobcy tFedei al v. local requirements, the most stringent appliv;
Quotesmt Number of quotes recen ed
Ad:•erssement. Me tdniui Used
RFP Cover Page
Corr Sheets slx, w the strbrtuttng ttddrs m response to RFP
Award Lester
_ Sawa (Copy of Agency Approril _ and CalESL4 Approval )
❑ Proof of Non-Persomiel Fur*. Total (if reviewing reimbursement)
0 Exercise Roster or Proof of Attendance
❑ Proof of Travel Costs (if requesting reimbursement) Vou nnls use the most restricnse rates between swa atrerxti anti Federal Per ihrnt
QCouts actot Consultant Summate (Email Elecnone Version to OHS)
❑ PersHonnel Sunman.) of overtime costs
❑ Payroll documentation
Full Tune Card for Each Employee
Proof of Hourly Rate
Frnanctai System Repon Showing Expense
Proof of Payment
❑ Cotttitm each page within the reimbursement request has a stamp and is flied ens
❑ DUNS Number
FY 15 UASI — SUBRECIPIENT
C-6 November 1, 2015
rzi
F1'
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
City of San Diego
Reimbursement Processing Checklist
❑ Planning
❑ Organization
Grant
Jurisdiction Reimbursement amount
Reimbursement Request Form signed by Authorized Agent or Other Designated authorized Signer
Description of Tangible Product (Deliverable) (for Planning only)
QWorkbook
HVenfied that items are in approved workbook (if it is not listed w the workbook it is not reimbursable)
Entered actual total amount spent ui actual column of workbook and highlighted
CI Task List
❑ Invoices
Ell,
Invoices certified as originals
'endor Debarment List Checked Print out
ElProcurement Documentation
envy procurement policv(Federal v. local requirements. the most striugent applies)
Quot
umber of quotes received
dvertisement. Medium Used
Cover Page
over Sheets showing the submitting bidders in response to RFP
ward Letter
Sole Source (Copy of Agency Approval and CalEMA Approval
Proof of Travel Costs (if requesting reimbm-sement) You must use the most restrictive rates between your agency and Federal Per Diem
Contractor.'C oasultaot Summary (Email Electronic Version to OHS)
Personnel Summary of overtime costs
ElPasroll documentation
gP
ull Tune Card for Each Employee or contractor
Proof of Hardy Rate
manual System Report Showing Expense
Proof of Payment
ElConfirm each page within the reimbursement request has a stamp and is filled out
❑ DUNS Number
FY 15 UASI — SUBRECIPIENT
C-7 November 1, 2015
Core City
urisdictlon_
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Office of Homeland Security
FY15 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Course
Se,ixery
Overtime &
Backfill
Tra.,e
TOTAL
$
S
-
S
-
S
S
-
S
S
-
S
-
S
S
S
TOTAL
$
-
$
S
_
TOTAL
VOTE: O.T. fringe benefits are limited to FICA. Worker's Compensation and Unemployment Compensation. E
my other O. T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction.
)HS Grant FY15 UASI Grant >r2015-00078
:a=OES x073-66000 Junsdictton. ----
,mount $------- Doc Re[ Reimb Rqt rs---
'raining or Exercise^
FY 15 UASI — SUBRECIPIENT
Expenditure Period
Date
Attendee Breakdown by Discipline
EP.1A
EMS
FS
GA
HZ
LE
PH
PSC
P`.%
Tota
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
C-$ November 1, 2015
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
PERSONNEL
CFDA s:
97.067
Ty of
15.00078
a.aeooa
San Diegu
SUBMIT TO OHS Ei ECTRONIGii 1 YAS WEII AS IN YOUR REIMBURSEMENT PACK! 1
LEDGER TYPE:
Cash Request
Boer . Davn
ExOe��dR'.at Ah
(DaoeJ kflm:
Die To:
T
_._. _,_
Emplo Name (Last ram fksz
aatkfd n9 Fo
DroyeCUDtii 'able
w
Soule
pi�ipts
Sofutwn tSrra
SakrtWr. A+ra
SubCat��veY
Dates c�
Paytdi Petwd
tWtx y Retr
iNrrtNttp
Ralf
Ben is dfuga-0
fp this Repatbp
Plnod
TaWi Ru7rc[
Fblars
Cx.;h Rra:+rs:
t
ToWI CoSi CNiged
to Grant
UAW
Uokil
UA
I ASI
Urst
UASI
UASI
vAst
1
FY 15 UASI — SUBRECIPIENT
C-9
November 1, 2015
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
CONSULTANT / CONTRACTOR
CFDA
97.067 HSGP
City of
)73-66000
2015-00078
San Diego
SUBMIT TO OHS ELECTRONICALL YAS WELL AS IN YOUR REIMBURSEMENT PACKET
LEDGER TYPE:
Cash Request
Tadai's Date
Expenditure Per od:
PUatr r,;:
(Date: ',_
Cash R 7aeA
Project
Letter
Consulting Firm &
Consultant Name
Project & Description of Services
Depverabi
Solution Area
Solution Area Sub-
Category
Expenditure
Category
Period of
Expenditure
Far Fa
Deliverable
Billable Hour Breakdown
1uta4 Cast (:harga,]
to Giant
Total Salary &
Benefits char gee
for this Reporting
0.01,1
FlourlyiBdI n g
Rate
Total Pro
Hours
Cash
Request R
FY 15 UASI — SUBRECIPIENT
C-10
November 1, 2015
APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST
City of San Diego Office of Homeland Security
PERFORMANCE PERIOD EXTENSION REOUEST
Subrecipient Name:
UASI FY:
Project:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Milestone Deadline:
Adjusted Milestone with additional funds:
Requested Milestone Extension Deadline:
1. Describe the details of the project:
2. What is the current status of the project?
3. Please provide a timeline as to how you will meet the new requested date:
4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?
5. How have you improved your planning and project management process to avoid future delays if this
request is granted? What plans and documentation do you have in place to guarantee the requested
deadline will be met?
6. List and describe all equipment with costs and AEL #s:
Equipment & Description
Cost
AEL
number
PROJECT A:
TOTAL
PROJECT B:
TOTAL
FY 15 UASI — SUBRECIPIENT
D-1
November 1, 2015
APPENDIX D — PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT D:
TOTAL
PROJECT E:
TOTAL
PROJECT G:
TOTAL
All Investments TOTAL
FY 15 UASI — SUBRECIPIENT
D-2 November 1, 2015
Office of Homeland Security
Signature Authorization Form
FY 2015 Homeland Security Grant Program
For Jurisdiction: City of National City
Date Signed: 4/13/2016
The below named personnel are authorized to request for reimbursement for the following Homeland Security Grant Programs: Urban
Area Security Initiative (UASI).
NAME
(TYPED/PRINTED)NUMBER
SIGNATURE
TELEPHONE
E-MAIL ADDRESS
Frank Parra
cz.\::(......,
619-336-4551
FPARRA@NATIONALCITYCA.GOV
WAMEDEE@NATIONALCITYCA.GOV
Walter Amedee
14 �►
619-336-4556
<JL
This form supersedes all others for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this
form will not be processeSL
V-W1/4(1\e-- QP4R-A-
Authorized Agent Printed Name and-Siggnature
Mail form to City of San Diego, Office of Homeland Security, 1010 2"d Avenue, Suite 1500, San Diego, CA 92101
Signature Authorization for Reimbursement.docx
(619) 336-4551
Phone No.
4/13/2016
Office of Homelan cl Seculity
Signature Authorization Form
FY 2015 Homeland Security Grant Prog lams
The below named personnel are authorized to request for the for
Initiative (UASI).
Date S
Security Grant 1 Urban Area Secu
NAII:
(TYPED/PRINTED)
S IGMATt RE
TELEPHONE
NUMBER
E-1\L\IL ADDRESS
This form
arocessee4.
all others for above indicated jurisdiction. Requests for .nt signed by staffllot identified in this forth will not
horized Agent Printed Name and Signature Phone No
Mail form to city of San Diego, Office of Security, 1010 2 venue„ Suite 1500, San Diego, CA
RESOLUTION NO. 2016 — 30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND
THE CITY OF NATIONAL CITY FOR THE DISTRIBUTION OF $12,107 FROM
THE FISCAL YEAR 2015 URBAN AREA SECURITY INITIATIVE (UASI)
GRANT FUNDS FOR THE REIMBURSABLE GRANT FOR PLANNING
AND TRAINING FOR POLICE AND FIRE PERSONNEL
WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program
provides funding for equipment needed to respond to natural disasters or weapons of mass
destruction terrorism incidents that may occur in the San Diego urban area; and
WHEREAS, the City of National City is required to execute an agreement with
the San Diego Office of Homeland Security for the Distribution of Fiscal Year 2015 UASI
grant funds 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 an Agreement with the City of San
Diego Office of Homeland Security regarding the Fiscal Year 2015 Urban Area Security
Initiative Grant Funding Program. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 15th day of March, 2
on Mdrrison, I'layor
ATTEST:
/1},i
Michael R. Dalla, City Clerk
PPRO ED £ S TO FORM:
Ak,
• audia Gacit a Sir,
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 15,
2016 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
A
City Clerk of the City of N tiona I City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-30 of the City of National City, California, passed and adopted
by the Council of said City on March 15, 2016.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA O v- GB
COUNCIL AGENDA STATEMENT
MEETING DATE: March 15, 2016
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement
between the City of San Diego Office of Homeland Security and the City of National City for the
distribution of $12,107 from the FY15 Urban Area Security Initiative (UASI) Grant Funds for the
reimbursable grant for planning and training for police and fire personnel. (Fire)
PREPARED BY: Frank Parra DEPARTMENT: F'
PHONE: (619) 336-4551 APPROVED BY:
EXPLANATION:
This Agreement 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 state and
federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment,
planning, and training needed to respond to natural or man-made disasters or terrorism incidents that
may occur in the San Diego urban area. This grant program requires the City to incur expenses for
planning and training for police and fire personnel, and then apply for reimbursement. This Agreement
requires subrecipient indemnification and as such needs Council approval.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. Training - $10,107, Planning - $2,000 APPROVED:
001-11000-3469 PD OT Reimbursement 001-411-000-1*
001-12000-3469 FD OT Reimbursement 001-412-125-1*
No City match required.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Staff recommends authorizing the Mayor to execute the Agreement between the City of San Diego Office
of Homeland Security and the City of National City for the distribution of FY15 UASI grant funds.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Agreement between the City of San Diego Office of Homeland Security and the City of National City
for the distribution of FY15 Urban Area Security Initiative (UASI) grant funds
2. Resolution
REDvv
\o\ moo, ao•G-3D
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE
CITY OF NATIONAL CITY
FOR THE DISTRIBUTION OF FY 2015 UASI GRANT FUNDS
THIS AGREEMENT is made this day of March 15, 2016, in the City and County of San Diego, State of
California, by and between the CITY OF NATIONAL CITY ("SUBRECIPIENT") and the CITY OF
SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the
Approval Authority, as defined below, acting by and through the San Diego Office of Homeland Security
("OHS").
RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an
eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area
("SDUA") was established for the purpose of application for and allocation and distribution of federal
Urban Areas Security Initiative ("UASI") program grant funds; and
WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee
established by the San Diego County Unified Disaster Council, was established as the Approval
Authority for the SDUA, to provide overall governance of the homeland security grant program across the
SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure
compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Homeland Security ("SD OHS"), as the "core city"
for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OHS Executive
Director is responsible for implementing and managing the policy and program decisions of the Approval
Authority, directing the work of the UASI Management Team personnel, and performing other duties as
determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through
the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish
procedures and execute subgrant agreements for the distribution of UASI program grant funds to
jurisdictions selected by the Approval Authority to receive grant funding; and
WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and
to establish procedures and provide all financial services for distribution of UASI program grant funds
within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management
Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT
on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
FY 15 UASI — SUBRECIPIENT
Page 1 of 19 November 1, 2015
-1-
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and
regulations there under) and all other applicable federal, state and local disability rights legislation, as the
same may be amended, modified or supplemented from time to time.
(b) "Authorized Expenditures" shall mean expenditures for those purposes identified and
budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification.
(c) "Event of Default" shall have the meaning set forth in Section 7.1.
(d) "Fiscal Ouarter" shall mean each period of three calendar months commencing on July
1, October 1, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT
(DUNS#: 0724940730000) under this Agreement. This Agreement shall specifically cover funds
allocated or disbursed from Cal OES Grant No. 2015-00078, Cal OES ID No. 073-66000, CFDA No.
97.067, per Cal OES award notice dated September 25, 2015.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described in the approved Financial
Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant
Plan, SUBRECIPIENT shall submit a written request to the SD OHS Executive Director with the
following information: Scope of change requested, reason for change, proposed plan for change,
summary of approved and requested modifications to the Grant Plan, and any necessary approvals in
support of change (e.g., EHP).
(g) "jndemnified Partie" shall mean: (i) San Diego, including all commissions,
departments including OHS, agencies, and other subdivisions of San Diego; (ii) San Diego's elected
officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities
acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties,
claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal
fees and expenses and costs of investigation, of prosecuting or defending any Loss described above)
whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(i) "Reimbursement Request" shall have the meaning set forth in Section 3.10(a).
(j) "UASI Management Team" shall mean The City of San Diego Office of Homeland
Security Executive Director, Program Manager, Supervising Homeland Security Coordinator, as well
as project, grant, and administrative staff. The Executive Director appoints members to the
Management Team to implement the policies of the UAWG.
1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms
shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or
"proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The
FY 15 UASI — SUBRECIPIENT
Page 2 of 19 November 1, 2015
-2-
terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or
satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to
be followed by the words "without limitation." The use of the term "subcontractor," "subgrantee,"
"successor" or "assign" herein refers only to a subcontractor, subgrantee, successor or assign expressly
permitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by reference herein; and (c) any and all amendments,
modifications or supplements hereto made in accordance with Section 10.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to
this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation,
executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that
statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or
instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins,
and instructions, the decision -making of the Cal OES and the Approval Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or
direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal
OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have
no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and
finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action,
informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions
by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed,
it assumes all risk of possible non -allocation or non -reimbursement of funds, and such acknowledgement
and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller: Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as
set forth in Section 39 of the City of San Diego City Charter:
"No contract, agreement, or other obligation for the expenditure of public funds shall be entered
into by any officer of the City and no such contract shall be valid unless the Chief Financial
Officer shall certify in writing that there has been made an appropriation to cover the expenditure
and that there remains a sufficient balance to meet the demand thereof."
ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on NOVEMBER 1.2015
and shall end at 11:59 p.m. San Diego time on JANUARY 31.2018.
FY 15 UASI — SUBRECIPIENT
Page 3 of 19 November 1, 2015
-3-
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and
Exercise Participation Award Letter and/or approved modification. The City will not automatically
transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must
submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI
Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use
or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other
federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory
proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OHS Executive Director or designee has provided written approval for the
request. In addition, if the modification request requires approval from the Approval Authority and/or
Cal OES, as determined by the SD OHS Executive Director, SUBRECIPIENT shall not appropriate,
encumber or expend any additional or reallocated Grant Funds pursuant to the modification request
without approval from the Approval Authority and/or Cal OES.
(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace (supplant) funds that have been appropriated for the same purpose.
(d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement.
3.4 Grant Assurances: Other Requirements: Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall
require all subgrantees, contractors and other entities receiving Grant Funds through or from
SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those
Grant Assurances.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with
all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of
the grant award; the approved application, and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all subgrantees, contractors and other entities
receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations,
executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant
management memos, and instructions; the terms and conditions of the grant award; the approved
application, and any conditions imposed by Cal OES or the Approval Authority.
FY 15 UASI — SUBRECIPIENT
Page 4 of 19 November 1, 2015
-4-
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of
San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation,
planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall
cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection,
planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI
Management Team. For ensuring compliance with non -supplanting requirements, upon request by City or
the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of
non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative. Programmatic and Financial Management Requirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems and records
in accordance with federal and State of California requirements. This provision requires, at a minimum,
that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to
DHS grants, as applicable to this Agreement and the Grant Plan:
(a)
Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21,
A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and
Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6 Technologv Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all
awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies,
which can capture, store, analyze, transmit and/or display location -based information (i.e., information
linked to a latitude and longitude), and to align any geospacial activities with the guidance available on
the Federal Emergency Management Agency ("FEMA") website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system
funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies, if applicable.
(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for
Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
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3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any
Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment
items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds.
3.8 $ubgrantee and Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor or
other entity receiving Grant Funds through or from SUBRECIPIENT is not debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs, under Executive
Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain
documentation of eligibility before disbursing Grant Funds to any subgrantee, contractor or other entity.
SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall
establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not
provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for
effective use and/or dissemination of the list to assure that its grantees and subgrantees, including
contractors, at any tier do not make awards in violation of the non -procurement debarment and suspension
common rule.
(b) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New
Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001,
Requirements. for Drug -Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic
monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant
Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other
criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness
Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a
combination of desk -based reviews and on -site monitoring visits, inspection of records, and verifications
of grant activities. These reviews will involve a review and analysis of the financial, programmatic,
performance and administrative issues relative to each program and will identify areas where technical
assistance and other support may be needed. The reviews may include, but are not limited to:
FY 15 UASI — SUBRECIPIENT
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1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and
disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Grant Assurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This
requirement includes but is not limited to mandatory on -site verification visits.
(c) If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified
for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team will
return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team.
(e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may
withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its
option, City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's
obligation hereunder to refund the remainder of the disallowed amount.
3.12 $ustainability. Grant Funded programs that contain continuing personnel and operating expenses,
over and above planning and implementation costs, must be sustained once the Grant Funding ends.
If Equipment is purchased with grant funds the equipment must be sustained through the useful life of
equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees
FY 15 UASI— SUBRECIPIENT
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to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any
project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information
to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and
to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions
placed on the project as the result of the EHP review, and implement any treatment or mitigation
measures deemed necessary to address potential adverse impacts. With prior approval of the UASI
Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents
and/or implementing treatment or mitigation measures. Any change to the approved project scope
of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities
occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team
and ensure monitoring of ground disturbance. If any potential archeological resources are discovered,
SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management
Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT
is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete
its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA
EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the
denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall
comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC § 8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC §13212).
3.15 Royalty -Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty -
free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to
use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b)
any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds.
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3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or
developed under this Agreement prominently contain the following statement: "This document was
prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate
(FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in
this document are those of the authors and do not necessarily represent the official position or policies of
FEMA/GPD or the US Department of Homeland Security."
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement
requests and supporting documentation will be submitted to the UASI Management Team postmarked no
later than January 13, 2017. Extension requests may be granted based on extenuating circumstances
beyond the control of the subrecipient and must be made via the Performance Period Extension Request
Form (Appendix D). Requests must contain specific and compelling justifications as to why an extension
is required and must be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports,. SUBRECIPIENT shall provide, in a prompt and timely manner, financial,
operational and other reports, as requested by the UASI Management Team, in form and substance
satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on
recycled paper and printed on double -sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI
Management Team and City immediately of (a) any Event of Default or event that, with the passage
of time, would constitute an Event of Default; (b) any change of circumstances that would cause any
of the representations or warranties contained in Article 5 to be false or misleading at any time during the
term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT
to be out of compliance with the Grant Assurances in Appendix B.
4.3 gooks and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books
and accounting records relating to Authorized Expenditures and to Grant Funds received and expended
under this Agreement, together with all invoices, documents, payrolls, time records and other data
related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds.
SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other
data required to be maintained under this Section in a readily accessible location and condition for a
period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal
OES has been fully completed, whichever is later.
4.4 jnspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team,
and to UASI Management Team and City employees and authorized representatives, during regular
business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be
established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to
examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI
Management Team and City employees and authorized representatives, to inspect, audit, examine and
make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and
City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to
maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The
DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same
inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate
with any federal or state audit.
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4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more,
SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit
must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200
Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six
months after the end of SUBRECIPIENT's fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI
Management Team in connection with this Agreement, any Reimbursement Request or any other
document relating to any of the foregoing, contains or will contain any untrue statement of material fact
or omits or will omit a material fact necessary to make the statements contained therein not misleading,
under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in
federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and
Suspension" and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds
to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR
Part 9.
(c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug -free
workplace as required under that Act and implementing regulations.
(d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB
Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material
terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National
Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via
the National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By
executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance, and that it has
reported that compliance via the N MSCAST. SUBRECIPIENT shall provide documentation of its
NIMS compliance to the UASI Management Team. SUBRECIPIENT acknowledges that this
certification is a material term of the Agreement.
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ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT' s performance of this Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused,
directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents;
(d) any loss of or damage to property caused, directly or indirectly, by any act or omission of
SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment
or facility used by SUBRECIPIENT, or by any of its employees, subgrantees or agents, regardless of
whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified
Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section
10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or
trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or
services furnished by SUBRECIPIENT or its employees, subgrantees or agents to such Indemnified Party
in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable
fees of attorneys, consultants and experts and related costs and San Diego's costs of investigating any
claims against San Diego.
6.2 Duty to Defend: Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation
to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its
other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of
Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be
groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give
SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified
Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest
between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT's
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability
with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT' s acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
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ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for a period of ten (10) days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they
become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment
for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT's property
or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,
receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or
(iii) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City
may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
and approved by the UASI Management Team and by City prior to the date of termination specified in
such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the UASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
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(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement, together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time
during the term hereof, for convenience and without cause. City shall exercise this option by giving
SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with
diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI
Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the
UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse
SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team
as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its
contractors or subgrantees after the termination date specified by City.
(e) City's payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable laws, rules
and regulations. The remedies contained herein are in addition to all other remedies available to City at
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights,
duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI
Management Team; provided, however, that any contractor or subgrantee specifically referenced in
Appendix A shall not require the consent of Management Team. This Agreement shall not, nor shall any
interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law
without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale
or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for
purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void.
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8.3 ,SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for
the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in
this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via
facsimile (if a facsimile number is provided below):
If to City of San Diego Office of Homeland Security UASI Management Team:
San Diego Office of Homeland Security
1010 Second Ave, Suite 1500
San Diego, CA 92101
Attn: Katherine Jackson, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:
City of National City
343 E. 16th Street
National City, CA 91950
Attn: Walter Amedee
Facsimile No.: (619) 336-4328
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt,
completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized
agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such
confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report
of the party giving such notice.
9.3 Change of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied
from any failure by the UASI Management Team or San Diego to take action on account of such default if
such default persists or is repeated. No express waiver by San Diego shall affect any default other than the
default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the
FY 15 UASI — SUBRECIPIENT
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UASI Management Team of any action requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms
be waived, except by written instrument executed and approved in the same manner as this Agreement;
provided, however, that the General Manager or designee may establish alternate procedures for
modification of the Grant Plan.
10.3 Governing Law: Venue. The formation, interpretation and performance of this Agreement shall
be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue
for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San
Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority, as and when due, any and all taxes, fees, assessments or other governmental
charges, including possessory interest taxes and California sales and use taxes, levied upon or in
connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by
this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes all other oral or written provisions. The following Appendices are attached to and a part of
this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Performance Period Extension Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT
shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and
performance of this Agreement, certified as true, accurate and complete by the appropriate authorized
representative of SUBRECIPIENT.
10.8 $everability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision valid
and enforceable.
10.9 }Successors: No Third-Partv Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity (other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein.
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10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do
such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 pisclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA
reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
1. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of Federal Domestic Assistance program number;
e) Award title (descriptive of the purpose of the funding action);
f) Location of the entity and primary location of performance including city, state, and
Congressional district;
g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and,
h) Total compensation and names of top five executives (same thresholds as for prime
recipients).
2. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub -contracts
and Federal financial assistance), and $25,000,000 or more in annual gross revenues from
Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and
Exchange Commission.
10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds.
FY 15 UASI — SUBRECIPIENT
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ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to
Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the
Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits
not less than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability,
Personal Injury, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non -
Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General
Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers,
Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the
Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers'
Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT
may acquire from SUBRECIPIENT by virtue of the payment of any loss. SUBRECIPIENT
agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the
City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written
notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a
claims -made form; SUBRECIPIENT maintain such coverage continuously throughoutthe- term -of this
Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
effect that, should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims -made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
FY 15 UASI — SUBRECIPIENT
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11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do
business in the State of California, and that are satisfactory to City, in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of
SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or subgrantee
will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the
subcontractor or subgrantee shall provide all necessary insurance and shall name the City and County of
San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self -
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide
proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Diego employee working with SUBRECIPIENT or any
subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of
SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges,
services, or membership in all business, social, or other establishments or organizations, on the basis of
the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height,
weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or
Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members
of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges
that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government
Code of the State of California, and certifies that it does not know of any facts which constitutes a
violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such
fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs,
services and other activities provided by a public entity to the public, whether directly or through a
grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate
against any person protected under the ADA in connection with all or any portion of the Grant Plan and
shall comply at all times with the provisions of the ADA.
FY 15 UASI — SUBRECIPIENT
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY OF SAN DIEGO: CITY OF NATIONAL CITY:
By: By:
JOHN VALENCIA
EXECUTIVE DIRECTOR
OFFICE OF HOMELAND SECURITY
Approved as to Form:
Jan I. Goldsmith
City Attorney
RON MORRISON
MAYOR
Federal Tax ID #: 95-6000749
Approved as to Form:
By: By:
Deputy City Attorney Claudia Gacitua Silva
City Attorney
FY 15 UASI — SUBRECIPIENT
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Appendix A— SUBRECIPIENT Award Letter
THE CITY OF SAN DIEGO
December 22, 2015
Ron Morrison
Mayor
National Cite
1243 National City Blvd
National City, CA 91950
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2015 Homeland Security Grant Program
Grand/ 2015-00078 Cal OES ID# 073.66000
Sub -recipient Performance Period: September I. 2015. to December 31, 2017
Sub -recipient:
The San Diego Office of Homeland Security (SD OHS) approved your FY I5
Urban Area Security Initiative (UASI) award.
Activities:
Amount Completion Date
All Projects $2.000 December 3 I. 2016
Project A $2,000 December 31. 2016
Project 13 $ December 31, 2016
Project C $ December 31, 2016
Project D $ December 31. 2016
Project I $ December 31. 2016
Once your completed MOU and Grant Assurances are signed and received in our office, you may
request reimbursement of eligible grant expenditures.
During the application process, the Regional Technology Partnership (RTP) vetted and the Urban
Area Working Group (UAWG) approved your project (s). Throughout the grant cycle. SD OHS will
use performance milestones set in the HSGP application as indicators of performance and this
information may be used in assessing future competitive grant applications. All activities funded with
this award must he completed within the sub -recipient performance period.
You are required to comply with all applicable federal. state, and local environmental and historic
preservation (cup) requirements. Additionally. Aviation/Watercraft requests, projects requiring
EHP review. and sole source procurement requests require additional approvals from California
Governor's Office of Emergency Services (Cal OES). Sub -recipients must obtain written approval
for these activities prior to incurring any costs, in order to be reimbursed for any related costs under
this grant. Sub -recipients are also required to obtain a performance bond prior to the purchase of any
OFFICE OF HOMELAND SECURITY
1010 SECOND AVENUE, SUITE 1500, SAN DIEGO, CALIFORNIA 92101
PHONE' (619) 533•676D • FAX: (619) 533.6766
FY 15 UASI — SUBRECIPIENT
C;
A-1 November 1, 2015
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National City
December 22.2015
Page 2
equipment item over S250,000, including any aviation or watercraft financed with homeland security
dollars. Performance bonds tnust be submitted to your UASI Program Representative no later than
the time of reimbursement.
Following acceptance of this award, you must sign and return the SI) OHS Memorandum of
Understanding (MO1J) as well as the Cal OES grant assurances. Your agency must coordinate
with SD OHS to prepare and submit quarterly projections via email so that SD OHS can
comply with the semi-annual BSIR reporting for the duration of the grant period or until you
complete all activities and the grant is formally closed. You must also submit a copy of the Cal
OES performance reports to your UASI Program Representative monthly or as directed. Failure to
submit required reports could result in grant reduction. suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current
needs, approved amounts, or those found owed as a result of a final review or audit, must be
refunded to SD (11-15 within 30 days upon receipt of an invoice from SD OHS.
Your dated signature is required on this letter. Please sign and return the original to your UASI
Program Representative at 1010 2nd Ave Ste. 1500, San Diego, CA 92101 within 20 days
of receipt and keep a copy for your files.
For further assistance, please feel free to contact your SD OHS UASI Program Representative
at (619) 533-6760.
Sincerely,
Katheri
ne Jackson
Program Manager
City of San Diego Office of Homeland Security
FY 15 UASI — SUBRECIPIENT
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THE CITY OF SAN DIEGO
February 26, 2016
Ron Morrison
Mayor
National City
1243 National City Blvd
National City, CA 91950
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL - TRAINING
FY 2015 Homeland Security Grant Program
Grant# 2015-00078 Cal OES ID# 073-66000
Sub -recipient Performance Period: September 1, 2015, to December 31, 2017
Sub -recipient:
The San Diego Office of Homeland Security (SD OHS) approved your FY 15 Urban Area Security
Initiative (UASI) training attendance and participation award. This award is solely for overtime and
backfill costs associated with the attendance of San Diego UASI sponsored training events as well as
travel and tuition costs for UASI approved conferences.
Activities:
Project E
Amount Completion Date
$10,107 December 31, 2016
Once your completed MOU and Grant Assurances are signed and received in our office, you may
request reimbursement of eligible grant expenditures.
During the application process, the Regional Technology Partnership (RTP) vetted and the Urban
Area Working Group (UAWG) approved your project (s). Training participation costs will only be
reimbursed up to the allocated amount. All reimbursement requests should be submitted no later than
ninety (90) days after course, training or event completion. All activities funded with this award
must be completed within the sub -recipient performance period.
Following acceptance of this award, you must sign and return the SD 011S Memorandum of
Understanding (MOU) as well as the Cal OES grant assurances. Your agency must coordinate
with SD OHS to prepare and submit quarterly projections via email for the duration of the grant
period or until you complete all activities and the grant is formally closed. Any training
participation funds not expended as reported in the quarterly progress reports will be reallocated.
Failure to submit required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current
needs, approved amounts, or those found owed as a result of a final review or audit, must be
refunded to SD OHS within 30 days upon receipt of an invoice from SD OHS.
FY 15 UASI — SUBRECIPIENT
Office of Homeland Security
1010 Second Avenue, Suite 1500 • Son Diego, totianio 92101
iel (619) 533-6760 fax (619) 533.6786
0
A-3 November 1, 2015
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National City
February 26, 2016
Page 2
Your dated signature is required on this letter. Please sign and return the original to your UASI
Program Representative at 1010 2nd Ave Ste. 1500, San Diego, CA 92101 within 20 days
of receipt and keep a copy for your files.
For further assistance, please feel free to contact your SD OHS UASI Program Representative
at (619) 533-6760.
Si cerely,
/ V
KaW erine Jackson
Program Manager
City of San Diego Office of Homeland Security
Mayor, National City
FY 15 UASI - SUBRECIPIENT
7.-2.9-2014
Date
A-4 November 1, 2015
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Appendix B-- Grant Assurances
Name of Jurisdiction: City of National City
Name of Authorized Agent: Walter Amedee Address: 343 E. 16th Street
City: National City State: California Zip Code: 91950
Telephone Number: (619) 336-4556
Fax Number: (619) 336-4328 E-Mail Address: wamedee(a nationalcityca.gov
As the duly authorized representative of APPLICANT, I hereby certify that APPLICANT
has the legal authority to apply for Federal assistance and the institutional, managerial and
financial capability (including funds sufficient to pay any non -Federal share of project cost)
to ensure proper planning, management and completion of the project described in this
application, within prescribed timelines.
I further acknowledge that APPLICANT is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) California Supplement to the NOFO; and
(d) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements and audit requirements for
federal grant programs are housed in Title 2, Part 200 of the Code of Federal
Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on
http://www.whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the
documents listed above) are called out below. APPLICANT hereby agrees to comply with
the following:
1. Proof of Authority
APPLICANT will obtain written authorization from the city council, governing board or
authorized body in support of this project. This written authorization must specify that
APPLICANT and the city council, governing board or authorized body agree:
(a) To provide all matching funds required for said project and that any cash
match will be appropriated as required.
(b) That any liability arising out of the performance of this agreement shall be the
responsibility of APPLICANT and the city council, governing board or authorized
body.
(c) That grant funds shall not be used to supplant expenditures controlled by the city
council, governing board or authorized body.
(d) That the official executing this agreement is, in fact, authorized to do so.
FY 15 UASI — SUBRECIPIENT
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This Proof of Authority must be maintained on file and readily available upon demand.
2. Period of Performance
APPLICANT will initiate work after approval of the award and complete all work within the
period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons
entering into a contract, grant, loan or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, APPLICANT certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
(c) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
APPLICANT will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and
§§7324- 7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
Finally, APPLICANT agrees that Federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation or policy
without the express written approval from the California Governor's Office of Emergency
Services (Cal OES) or the Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and
codified 1n 2_ -CFR Part 180, Debarment and- Suspension, 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, or voluntarily excluded from covered transactions by any Federal
FY 15 UASI — SUBRECIPIENT
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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 (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (Federal, State, or local) terminated for cause or default.
Where APPLICANT is unable to certify to any of the statements in this certification, he or
she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
APPLICANT will comply with all Federal statutes relating to non-discrimination. These
include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C.
§2000d et. seq.) which prohibits discrimination on the basis of race, color or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to ADA (42 U.S.C. 12101, et seq.);
(e) Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which
prohibits discrimination on the basis of age;
(f) Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended (P.L.
96-181), relating to nondiscrimination on the basis of Treatment or recovery from
drug abuse;
(g) 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;
(h) 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;
(i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing;
(j) EO 11246, which prohibits federal contractors and federally assisted construction
contractors and subcontractors, who do over $10,000 in Government business in
one year from discriminating in employment decisions on the basis of race,
FY 15 UASI - SUBRECIPIENT
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color, religion, sex, or national origin;
(k) EO 11375, which bans discrimination on the basis of sex in hiring and
employment in both the United States federal workforce and on the part of
government contractors;
(I) California Public Contract Code §10295.3, which addresses discrimination based
on domestic partnerships;
(m)Any other nondiscrimination provisions in the specific statute(s) under which
application for Federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) which may
apply to the application.
In addition to the items listed in (a) through (n), APPLICANT will comply with
California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment
and discrimination in employment because of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital status, national origin,
ancestry, mental and physical disability, medical condition, age, pregnancy, denial of
medical and family care leave, or pregnancy disability leave (California Government
Code sections 12940, 12945, 12945.2) and/or retaliation for protesting illegal
discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.),
APPLICANT certifies that it will or will continue to provide a drug -free workplace and a
drug -free awareness program as outlined in the Act.
7. Environmental Standards
APPLICANT will comply with State and Federal environmental standards which may be
prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. §1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of
the United States and regulating quality standards for surface waters.
(d) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on
the Environmental Justice Act (EO 12898) and Environmental Quality (EO
11514);
(e) Notification of Environmental Protection Agency (EPA_ )_violating facilities
pursuant to EO 11738;
(f) Protection of wetlands pursuant to EO 11990;
(g) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(h) 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.);
FY 15 UASI — SUBRECIPIENT
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(i) Conformity of Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
§7401 et seq.);
(j) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523);
(k) Protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93-205);
(I) 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.
Finally, APPLICANT shall not be: 1) in violation of any order or resolution promulgated
by the State Air Resources Board or an air pollution district; 2) subject to a cease
and desist order pursuant to §13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) finally determined to be in violation
of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in Federal grant funds annually,
APPLICANT will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of
Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, APPLICANT will give the awarding agency, the
Comptroller General of the United States and, if appropriate, the State, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents related to the award. APPLICANT will require any subrecipients,
contractors, successors, transferees and assignees to acknowledge and agree to comply
with this provision.
10. Conflict of Interest
APPLICANT 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.
11. Financial Management
False Claims for Payment
APPLICANT will comply with 31 U.S.0 §3729 which sets forth that no subgrantee,
recipient or subrecipient shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
APPLICANT agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170),
specifically (a) the reporting of subawards obligating $25,000 or more in federal funds
and (b) executive compensation data for first -tier subawards. This includes the provisions
of FFATA, which includes requirements on executive compensation, and also
requirements implementing the Act for the non -Federal entity at 2 CFR part 25 Financial
FY 15 UASI — SUBRECIPIENT
B-5 November 1, 2015
Initials:
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Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part
170 Reporting Subaward and Executive Compensation Information.
APPLICANT also must comply with statutory requirements for whistleblower protections
at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310
and 31 U.S.C.§6101 et seq.
13. Human Trafficking
APPLICANT will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award
recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons
during the period of time that the award is in effect (2) Procuring a commercial sex act
during the period of time that the award is in effect or (3) Using forced labor in the
performance of the award or subawards under the award.
14. Labor Standards
APPLICANT will comply with the following federal labor standards:
(a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to
276a-7), as applicable, and the Copeland Act (40 U.S.C. §3145 and 18 U.S.C.
§874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted construction contracts or
subcontracts.
(b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as
they apply to employees of institutes of higher learning (IHE), hospitals and other
non-profit organizations.
15. Worker's Compensation
APPLICANT must comply with provisions which require every employer to be insured
against liability for Worker's Compensation before commencing performance of the work of
this Agreement, as per California Labor Code §3700.
16. Property -Related
if applicable to the type of project funded by this Federal award, APPLICANT will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal or federally -assisted programs.
These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchase.
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a
special flood hazard area to participate in The program and to purchase flood
insurance if the total cost of insurable construction and acquisition is $10,000 or
more.
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO
11593 (identification and protection of historic properties), and the
FY 15 UASI — SUBRECIPIENT
B-6 November 1, 2015
Initials:
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Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et
seq.).
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §4831
and 24 CFR Part 35) which prohibits the use of lead -based paint in
construction or rehabilitation of residence structures.
17. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, APPLICANT will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the Federal awarding agency directives
and will include a covenant in the title of real property acquired in whole or in part
with Federal assistance funds to assure nondiscrimination during the useful life of
the project.
(b) Comply with the requirements of the awarding agency with regard to the drafting,
review and approval of construction plans and specifications.
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
18. Freedom of Information Act
APPLICANT acknowledges that all information submitted in the course of applying for
funding under this program or provided in the course of an entity's grant management
activities which is under Federal control is subject to the Freedom of Information Act
(FOIA), 5 U.S.C. §552. APPLICANT should also consult its own State and local laws and
regulations regarding the release of information, which should be considered when
reporting sensitive matters in the grant application, needs assessment and strategic
planning process.
19. California Public Records Act
APPLICANT acknowledges that all information submitted in the course of applying for
funding under this program or provided in the course of an entity's grant management
activities may be subject to the California Public Records Act (California Government
Code §§6250-6276.48), which requires inspection and/or disclosure of governmental
records to the public upon request, unless exempted by law.
HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES /
CERTIFICATIONS
20. Personally Identifiable Information
Subrecipients collecting Personally Identifiable Information (PII) must have a publically-
available 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.
FY 15 UASI — SUBRECIPIENT
B-7 November 1, 2015
Initials:
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21. Disposition of Equipment
When original or replacement equipment acquired under this award is no longer needed
for the original project or program or for other activities currently or previously
supported by the Department of Homeland Security/Federal Emergency Management
Agency, subrecipients must request instructions from Cal OES on proper disposition of
equipment.
22. Reporting Accusations and Findings of Discrimination
If, during the past three years, the subrecipient 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 subrecipient must provide a list of all such
proceedings, pending or completed, including outcome and copies of settlement
agreements to Cal OES for reporting to the DHS awarding office and the DHS Office of
Civil Rights and Civil Liberties.
If 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 subrecipient, or the subrecipient settles a case or
matter alleging such discrimination, subrecipients must forward a copy of the complaint
and findings to Cal OES for forwarding to the DHS Component and/or awarding office.
The United States has the right to seek judicial enforcement of these obligations.
23. Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags
All subrecipients must acknowledge their use of federal funding when issuing
statements, press releases, requests for proposal, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal funds.
All subrecipients must obtain DHS's approval prior to using DHS seal(s), Logos, crests or
reproductions 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.
24. Copyright
All subrecipients must affix the applicable copyright notices of 17 U.S.C. §§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 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).
25. Energy Policy and Conservation Act
All subrecipients must comply with the requirements of 42 U.S.C. §6201 which contain
policies relating to energy efficiency that are defined an -the state energy conservation
plan issues in compliance with this Act.
26. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space
funded in whole or in part with Federal funds complies with Section 6 of the fire
FY 15 UASI — SUBRECIPIENT
B-8 November 1, 2015
Initials:
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prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,
15 U.S.C. §2225a.
27. Terrorist Financing E.O. 13224
All subrecipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. It is the legal responsibility of subrecipients to
ensure compliance with the E.O. and laws.
28. USA Patriot Act of 2001
All subrecipients must 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.
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including
any and all federal and state grants, loans, reimbursement, contracts, etc. APPLICANT
recognizes and agrees that state financial assistance will be extended based on the
representations made in this assurance. This assurance is binding on APPLICANT, its
successors, transferees, assignees, etc. Failure to comply with any of the above
assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by
APPLICANT and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or termination
of the grant or both and the subrecipient may be ineligible for award of any future grants if
the Cal OES determines that any of the following has occurred: (1) the recipient has made
false certification, or (2) violates the certification by failing to carry out the requirements as
noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers, including contracts under grants and cooperative
agreements and subcontracts.
The undersigned represents that he/she is authorized by APPLICANT to enter into this
agreement for and on behalf of APPLICANT.
Signature of Authorized Agent:
Printed Name of Authorized Agent: Ron Morrison
Title: Mayor Date: March 15, 2016
FY 15 UASI — SUBRECIPIENT
B-9 November 1, 2015
Initials:
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Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Gran: FY15 UASI Grant «2011,40076
FIPS *073-66000 CFOA *97.067
Supporting Information for Cash Request
Cash Request;"_ __: `Requesting reimbursement In ti
Under Penalty of Perjury I certifiy that:
Governors Office of Homeland Security
FY15 Urban Area Security Grant
• The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expendtures, which expenditures are set lc
on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures
• After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement ►all not exceed the maximum
amount set forth in Appendix A of this agreement tor specific projects and programs.
. The representations, warranties and certifications made in the Agreement are true and corned in all material respects as if made on the dale hereof, and SUBRECIPIENT is in
compliance with all Grant Assurances in Appendix B of the Agreement. Furthermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that tht
report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal awa c
SUBRECIPIENT is aware that any false, fictitious or fraudulent information or the omission of any material fact, may subject SUBRECIPIENT to crirnnal civil or administrative penaltir
for fraud, false statements, false claims or otherwise.
• No Event of Default has occurred and is confirming.
• The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT.
• TLis claim is fat cost', incurred ssitbiu lb* Frail performance period
Punted Name
Title
i laifing Address:
Remittance Address (Address coed
sill be mailed 10)
Signature
Mail Reimbursement Requests to
343 E. 16th Street
National City, CA 91950
City of San Diego Office of Homeland Security
Grants Management Section
1010 Second Ave, Ste 1500
San Diego, CA 92101
FY 15 UASI - SUBRECIPIENT
Phone Number
Email Address:
Fax Number:
Date
C-1 November 1, 2015
-33-
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Cover Sheet
Office of Homeland Security
FY 15 Urban Area Security Initiative Grant Program
Award # 2015-00078
CaIEMA ID #073-66000 CFDA #97.067
Reimbursement Request #
Mail Reimbursement Request to: DATE:
City of San Diego AGENCY:
Office of Homeland Security
ATTN: Grants Management Section DUNS Number:
1010 Second Ave, Ste 1500
San Diego, CA 92101
Expenditure Period:
Maximum mount of
Funds Specified in
Subrecipent
Award Letter:
Type of Expenditure
Reimbursements
Requested this Request
Total Reimbursements
Requested to Date (incl. this
request)
Equipment
Training
Planning
Organization
Exercise
Total
S -
S -
For questions regarding this reimbuseuient request contact
Name
Phone
Email
343 E. 61-h StTFPt _ Nati ona C'i ty_ CA 9
Rexnittnnce Address (Address cheek null be rnnilcd to)
FY 15 UASI - SUBRECIPIENT
950
C-2 November 1,2015
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Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
City of San Diego
Reimbursement Processing Checklist
Equipment Reimbursements
FY Grant
Jurisdiction Reimbursement Amount
Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer
E:1 Workbook
Verified that items are in approved n•oricbook (if it is not listed in the workbook it is not reimbursable)
Entered invoice information on appropriate lint(s) and highlighted
JRequired Pre -Approvals Attached (EHP. Aviation. Sole Source. etc.)
E3Procurement Documentation
Agency procurement policy (eele;;l V. Io: a1 t of ttirtIvo-Li . tilt roost striuieut applied
Quotes
[..
Number of quotes received
RFP
Advertisement. Medium Used
RFP Cover Page
Cover Sheets showing the submitting bidders in response to RFP
Award Letts
'o Source (Copy of Agency Approval and CalEMA Approval _
1122 Program
Copy of signed order form submitted to 1122 program
P omtance Bond if equipment is a vehicle. aircraft or watercraft or any equipment S250.000 or more
DInvoices
BInvoices certified as originals
Vendor Debarment List Checked/Print out
Proof of Payment
ED DUNS Number
EjConfirm each page nithin reimbursement request has grant identification stamp
FY 15 UASI — SUBRECIPIENT
C-3 November 1, 2015
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Appendix C -- Form of Reimbursement Request
❑
FY
REIMBURSEMENT REQUEST
City of San Diego
Reimbursement Processing Checklist
Equipment Reimbursements
Grant
Jurisdiction Reimbursement Amount
Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signer
Workbook
Verified that items are in approved workbook (if it is not listed in the aorlcbool it is not rermbui able
Entered invoice information on appropriate line(s) and highlighted
Required Pre -Approvals Attached (ESP, Aviation, Sole Source, etc.)
Procurement Documentation
Agency procurement policy (Federal v. local requirements. the most stringent applies)
RFP
umber of quotes received
Advertisement. Medium Used
t: over Page
Cover Sheets showing the submitting bidders in response to RFP
Award Letter
So a Source (Copy of Agency Approval _ and Ca1E21A Approval •
1122 Program
Copy of signed order form submitted to 1122 program
ormance Bond if equipment is a vrhide. aircraft or watercraft or any equipment S250.000 or more
❑ Invoices
Invoices certified as originals
Vendor Debarment List Checked/Print out
ElProof of Payment
El DINS Number
❑ Confuw each page nithin reimbursement request has grant identification stamp
FY 15 UASI — SUBRECIPIENT
C-4 November 1, 2015
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
ry
Jurisdiction
Ciry of San Diego
Reimbursement Processing Checklist
Training Reimbursements
Grant
Reimbursement Amount
Reimbursement Request Font signed by Authorized Agent or Other Designated Authorized Signet
EDTraining Detail Worksheet
Invoices
E3Vendoi Debarment Liss Cbe.1•edPrint eu
L.i
D
Procurement Documentation
Agency procurement palicy,Tederal v. local requirement„ the most smiugent applies)
bet of quotes received
&ebullient. Medium Used
Cover Page
Cover Sheets showing the submitting bidders in response to Rif
Award Lena
Searcy (Copy of Agen*r Approval — and Ca1EMMA Approval '
Proof of Course Total C"ost (if requesting reimbursement)
C'onrse Roster or Proof of Attendance (certificate)
Proof of Tr Ariel Cosr, (if requesting reimbursement) You tutu use the most t eaieuse rates betsreeu
Contractor/C ousuhaut Summary (Email Demonic Version to OHS)
Personnel Summary of overtime cost.
❑ Payroll documentation
Falt Time Card for Erect EnGdoyrs
Proof of Hourly Rate
Financial System Report Showing Experts
Proof of Papaw
Agency employee aotling as coauactce must shonsinmpjf proof
❑ Confirm each page within the reimbursement request has a stamp fondled Electronic Version of Employee Summary to OHS
❑ DU S retmber
FY 15 UASI — SUBRECIPIENT
C-5 November 1, 2015
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Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Jurisdiction
City of San Diego
Reimbursement Processing Checklist
Exercise Reimbursements
Grant
Reimbursement Amount
❑ Reimbursement Request Form signed by Authorized Agent or Other Designated Authorized Signet
0
Exerrhe Detail W'ort:sheet
lVerifed that total in each column matches tion total provided
Invoices
Procurement Documentadon
Agency p:oclttemem policy (Federal v. local requirements, the mast stringent applies)
ter
Numbs of quote received
Advertisement, Medium Used
Cover Page
Cover Sheets showiry the subnnstiag bidders ut response to RFP
Award Letter
Source (Copy of Agency Approval .__._ and C aIEEMA Approval
Proof of Non -Personnel Exercise Total (N requesting Phabu semeot)
Exercise Roster or Proof of Attendance
Proof of Travel Costs fif requesting reimbursement) You must use tin most restnetwe tales betwsear your agency and Federal Pa Diem
Coutractor/Consultaru Summary (Email Electronic Version to OHS)
Personnel Summary of overtime costs
Prolog documentation
OFull Time Card for Each Employee
Proof of Hourly Rate
Fuancial System Report Showing Expense
Proof of Payment
❑ Confirm each pap Atkin the reimbursement request has a stamp and is filled out
DUNS Numbn
FY 15 UASI — SUBRECIPIENT
C-6 November 1, 2015
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RESOLUTION NO. 2016 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND
THE CITY OF NATIONAL CITY FOR THE DISTRIBUTION OF $12,107 FROM
THE FISCAL YEAR 2015 URBAN AREA SECURITY INITIATIVE (UASI)
GRANT FUNDS FOR THE REIMBURSABLE GRANT FOR PLANNING
AND TRAINING FOR POLICE AND FIRE PERSONNEL
WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program
provides funding for equipment needed to respond to natural disasters or weapons of mass
destruction terrorism incidents that may occur in the San Diego urban area; and
WHEREAS, the City of National City is required to execute an agreement with
the San Diego Office of Homeland Security for the Distribution of Fiscal Year 2015 UASI
grant funds 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 an Agreement with the City of San
Diego Office of Homeland Security regarding the Fiscal Year 2015 Urban Area Security
Initiative Grant Funding Program. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 15th day of March, 2016.
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
April 5, 2016
Ms. Katherine Jackson
City of San Diego
Office of Homeland Security
1010 Second Avenue, Suite 1500
San Diego, CA 92101
Dear Ms. Jackson,
On March 15th, 2016, Resolution No. 2016-30 was passed and adopted by the City
Council of the City of National City, authorizing execution of an Agreement 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 Agreements. Please return a fully executed original Agreement to us for our
files.
Michael R. Dalla, CMC
City Clerk
Enclosures