HomeMy WebLinkAbout2021 CON San Diego Office of Homeland Security - UASI Grant FundsAGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE
CITY OF NATIONAL CITY
FOR THE DISTRIBUTION OF FY 2019 UASI GRANT FUNDS
THIS AGREEMENT is niade this day of. May 3, 2021) 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 oapacity as fiscal agent for the
Approval Authority, as defined below, acting by and through the San Diego Office of Homeland
Security ("01-IS").
RECITALS
WIREAS, 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 tiie 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
WIHLREAS, 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 Fragrant Manager is
responsible for implementing and managing the policy and program decisions of the Approval Authority,
directing the work of the UASI Management Team personnel, and performing other duties as determined
and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted. by the DHS through
the California. Office of Emergency Services ("Cal OBS") to the SDUA, with responsibility to establish
procedures and execute subgrant agreements for the distribution of UASI programgrant 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 SUBRECTPIENT
on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration oftlie 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 19 UASI — SUBRECIPIENT
Page 1 of 26 September 1, 2019
ARTICLE 1.
DEFINITIONS
1.1 Stpecifigtom, Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth. below:
(a) " " shall mean the Arians with .Disabilities lliti 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 ti e
(b) " , rt!!ori7e l n 1 w- " shalt mean expenditures for those purposes identified and
budgeted in the SUBRECIPIENT Award Letter (Appendix. and/or approved modification,
(c) "< t a .t" shall have the meaning set forth in Section 7 1,
(d) t.x�, , *" shaltmean n each period of three calendar months ,ths om . July
, October 1, January 1, and April 1, respectively,
(e) " ttit s " shall mean any and all fun.ds allocated or disbuysed to SUBRECIPIENT
D under this -Agreement, This Agreement shall specificaily corer funds allocated
or disbursed umed rr a Cal OES Grant No, 2019-0035, Gal DES ID No. 073064000, C DA No, 97,067, per
Cat OES award notice dated September 26, 201.
(f) " 1,.,112,14g," shall mean the plans, performances, events, hi i ions% acquisitions or
other activities or matter, and the budget and requirements, described in the approved Financial
Management Forrns Workbook (FMFW). If .E . L T requests any modification to the Grant
Plan, SUBRECIPIENT shall submit a. written request to the SD OHS Program Manager with.the
following information: Scope of change requested, reason for change, proposed plan for change,
summary of approved and ri q st d modifications to the Grant Nan, and any necessary approvals in
support of change, ,, Ems),
(g) "109.0inlifiaL " shall mean: I San Diego, including all commissions,
departments inciuding OHS, agencies, and other subdivisions of San Diego; ti San Diego's elected
officials, directors, officers, p to s, agents, successors, and assigns; and (Hi) all persons or entities
acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, s, penalties,
claims, actions, emits, judgments, fees, expenses and costs of whsor mind and nature (includiag 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,
(j) ) "ReinthurseinejaIjmyjr shall have the meaning set forth in Section .1 a i
(iin t Thhresholr, means the dollar amount below which a non -
Federal elitity may purchase property or services using small purchase methods,
(k) 2iS 1ma Team," shall moan The City of San Diego Office of Homeland
Security Program Man . r, Program Coordinator, as well as project, grant, and administrative staff. The
Program Manager appoints members to the Management Team to implement the policies of the UAWG.
(1) " as . shall mean a n n- ` d ra1 entity that provides a sub award to
subrecipient to carry out pant of a Feral Program.
FY 19 TJASI — REPIET
Page 2 of 20 September 1, 2019
1.2 d itl n l Terms. The terms "as directed," "as required" or "as permitted" and similar terms
shall refer to the direction, requirement, or permission of ity, The try "sufficient," "necessary" or
"proper" and similar terms shall mean sufficient, necessary r proper in the sale judgment of City. Tito
tern "approval," "acceptable" or "s tis a Cory" or similar terry shall mean approved by, or acceptable or
satisfactory to, City, The terms "include," "included" or "including" and similar terms shall be deernad to
be fo flowed by the words "without limitation." The use of thterm "subcontractor," "successor" or
"assign" herein, refers only to a subcontractor, successor or assign expressly permitted under Article .
1,3 Referencest l . References to this Agreement include: any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by r f r noe herein; and 0 any and all amendments,
modifications or supplements hereto madeaccordance with Seotion 10.2. References to articIes,
sections, subsections or appendicm refer to articles, sections or subsections of or appendices to this
Agreement, tinEms otherwise ise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to
this Agreement as a whole.
114 R,eferelice to laws, Any reference in this Agreement to a federal or state statute, regulation,
executive order;, requirement, poiloy, 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 ' S OBLIGATIONS
2.1 Risk of Now. !ttion ofGrant ands. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OES requirements, guideline's, information bulletins,
and instructions, the decision -making of the Cal OES and the . rro al Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions ofth San Diego City Charter, The Approval Authority shall have no obligation to allocate or
direct disbursement of funds for this Agreement in lieu ofallocations for new or other agreements.
SUBRECIPTENT acknowledges and agrees that grant decisions are subject to the discretion of tha Cal
OES and .Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall
have no obligation to disburse r to t funds to SUBRECIPIENT until City and SUBRECITIENT have filly
and finally exeouted this Agreement. RECI I acknowledges and agrees that if it takes any
action, infomia.1 or format, to appropriate, encumber or expend Grant Funds before final allocation
decisions by Cal OES aid the Approval .uthority, and before this Agreement is fully and rally
executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, nd such
acknowledgement and agreement is part of the consideration of this Agreement,
2.2 Certification of Controller- Guaranteed Maximum Costs. No funds Khali be available under
this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as
set forth in Section. 3.9 ofthe City of SaDiego City Charter:
"No contract, agreement, or other obligation for the expenditure of pun° funds shall be entered
lath by any offers of the City and no such contract shall be valid unless the Chief Financial
Officer shall certify hi writing that there has been made an appropriation to cover the expenditure
and that there remains a sufficient balance to meet the demand thereof."
FY 19 UASI —SUBRECIPIENT
Page 3 of 20 Sopternber 1, 20 1
ARTICLE
PERFORMANCE l'THE AGREEMENT
.1 I�r t pi oflum, The term of this Agreement shall commence onAgym„,,BERian2.
nd shall end at 11:59 ,lxis San Diego time on Appm 30. 2032.
,2 i t or Funds. Li no event shalt the amount of rant Funds disbursed liereun.der
exceed the amount awarded under the SUBRECiPIENT Award letter (Appendix , Training and
Exercise Participation Award Letter andior approved modification. The City wilInot automatically
transfer Grant Funds to SUBRECIFIENT upon execution of this grem e t. SUBRECrPIENT must
submit a Reimbursement Request under Section 3,10 of this Agreement, approved by the M'
Management Team and City, before the City will disburse Grant Funds to . RC ENR
3,3 Use of Irpogq,
(a) General Requirements. UBRECI'1EN" shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECEPIENT shall not
use or expend Grant Funds for any. ether purpose, including bat 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 writteri requestto modify the Grant Pharr, SUBRECIPIENT shall not
appropriate, cumber ber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OHS Program Manager or designee has provided written approval for the
request. in addition, if the modification request requiires approved from the Approval Authorty and/or
Cal O S, as determined by the SD OHS Prom Manager, U13REWWI NT shall not appropriate,
encumber or expend any additional or reallocated Grant Funds pursuant to the modification request
without approval from the Approval Authority andlor Cal OES.
(c) No Supplantin,g, SUBRECIPIENT shall use Grant Funds to up l ent existing fluids,
and not replace ulstt funds that have been appropriated for the same purpose.
(d) Obligations. SUBRB IPJENT must expend Grant Funds in a timely inter consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement,
(e) uba arils. SUBRECIPENT is not an authorized pass -through entity and is not
authorized to make any subawards of Grant Funds.
.4 atmLiatg...Ampira, le . Other Re
(a) SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B,
attached hereto and Incorporated by reference as though fully sot forth herein,
(b) In addition to complying with all Standard Assurances, SUBR_ECIPIENT qhall comply
with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bullets, Cal OBS grant management memos, and instructions; the terms` and conditions of
the grant award; the approved applicatton, and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving
Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,
FY 19t —S BREINT
Page 4 of 20 September t, 2019
requirements, polkies, guides, guidelines, information bulletins, Cat OES grant management memos, and
instructions; the terms and conditions of the grant award; the pr v d application, and any conditions
imposed by Cat OBS or the Approval Authority,
(c) SUBRECNIENT 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
cooperato in good faith with San Diego and the A l Management Team in any evaluation, inspection,
planning monitoring activities 'conducted or authorized by DES, Cal OES, San Diego or the UASI
Management Team. For ensuring compliance with non -supplanting requirements, upon request by City
or the Management Team, SUBRECIPIENT shall supply l o um nt tion certifying that a reduction
of non-federal resources occurred for reasons other than the. receipt or expected r{ oeipt of Grant Funds.
3.5 i tr five Pro :rammatic an° .1 Handal Mann merit 'uirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems aad records
accordance with federal and State of 1 ' . i requirements. This provision requires, t a minimum,
that SUBRECIPIENT ooi * with. the following on -exclusive list ofregulations commonly applicable
to DEIS grans) as applicable to ti-th Agreenint and the Grant Plan;
(a) Administrative u i r to Ls
1. 2 CFR Part 200, Uniform Admintsltrativo Requirements, Coss Principles- and Audit
Requirements for Federw r s(:ftrrnerly 44 CFR a.rt 13, 010 Circulars - 1,
A-87, A-89, A-10 , A-11 , A-122, and ART .
(G)
Cost Principles:
1, 2 CFR Part 200, Subpart E UnIfortnAdministrative Requirements, Cost Principles,
d Audit it mts for Fecieral. r s (formerly 44 CFR Part 1,
Circulars A-21, A-8 , AM 8 , A4 T 0 , A- t 1 , A-1 2, and A-1 ;
2. Federal Acquisition Regulations (FAR), Part 31.2 Contivat Principles and
Procedures, Confractsr with Commercial Organizations,
Audit Requirements:
1.. 2 CPR ,hart 200 Subpart F Uniform Administrative Requirements, Cost Principies,
and/lig-lit Requirementso ed ds (form.erly 44 CFR Part 1, OMB
C it uiar A-21,, A-87, A-89, A-10 , A41 , A- 4 , and A4. M
,rl
(a) National Information h n e Model ' NI v t)1 SUBRECIP1ENT shaii use the latest
NIEVI specifications and uid linn s regarding the -use of Extensible Markup Language('XMU) r all
awards of Grant Funds,
(b) Geospalial Guidance. SUERECIPIENT is encouragedto use p i t technologies,
which can capture, store, analyze, transmit and/or display location -based l c rr atlon (Le., information
linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the
Federal Emergency Management Agency ` FEMA" bit .
(o) i al 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 Policiasi, if applicable.
FY 19 UASI—SUBR3CIPENT
a
Page 5 of 20 September 1, 2019
(d) SURRECIPIENT is encouraged to use the .NHS guidance in Best Practices ice r
Government , e of CCTV{ Implementing the Fair &formation Practice.Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
,7 roeu 'e ii nir o ent 1
(a) General Requirements. S BR CIPIENT shall follow its ownpro urement requirements
as long as those requirnts comply with all applicable -federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Contract Provisions. All contracts made by the SUBREC1PIENT using Grant Funds :gust
contain the applicable contract clauses described in Appendix 11 to the Uniform Rules(Contract
Provisions fornon-F Qr l Entity Contract Under Federal Awards) C.F. . § 200,326.
(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBREC1PLENT shall consult DH ' C M s coordinated grant
guidance, which outlines standards and equipnaent information to enlince int ro erable 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 OESa
viable inventory management plan, an effective distribution strategy, sustainment costs for suck an `. ort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(o) Bond Requirement, SUBRECIPIENT shall obtain a performance bond for any
equipment items over the simplified acquIsition threshold 1F. . § 200.88) or any vehicle, aircraft or
watercraft financed with Grant Funds.
(d) Non-competitive Procurement .Requirements, UASI Management Teas prior approval is
re4uired for any procurement made without advertisement or a competitive process or single response to a
request for proposal/bid, regardless of dollar (O murt', this includes sole source procurements.
SUBRECIPIENT shall submit a Non -Competitive Procurement Authorization request to the UASI
Mimagement Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall
submit a Non -Competitive Procurement Request to the UASI Management Team for CalOES approval
for any non-competitive procurement over the simplified acquisition threshold IF. . § 200.88).
(e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement
Authorization request to the UASI Management Team for approval to procure using the Federal supply
schedule, prior to expending any grant fund.
{tlor Rtirni.
(a) SUBRECIPIENT shall ensure and tndependently verify that any contactor or other entity
receiving Grant Funds from SUBRECIPIENT is not debarred, suspended,, or otherwise cl ded from r
ineligible for participation hifederal assistance r gr s, under Executive Orders 12549 and 12689, as
implemented at . CFR Part 3000. S HRR LPIENT shall obtain documentation of eligibility before
disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary
proof of this verification in its files, SUBRECIPIENT shall establish procedures for the effective use of
the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties,
SUI3RECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the
list to assure that its contractors, at any tier do not mince awards in. violation of he non -procurement
debarment rment and suspension common rule,
FY 19UU.1 —SUBRECIPIENT
Page 6 of 20 September t, 2019
(b) SUBRECIPIENT shallensure that any contractor or other entity receiving Grant Funds
from SUBRECIPIENT o , 1i 6 with the requirements of 44 CFR Part 18, New Restrictions on Lobbying;
and
(o) SUBRECIPIENT s . ,11 ensure that any contractor or ether Gaityreceiving Grant Funds
ftom SUBRECIPIENT compliowith the requirements of 2 CFR Part 3001, Requirements for Drug-Ftee
Worlweaco (Financial Assistance)
3.9 11491,1100na G °hutPerformance,
(a) City the UASI Management Tear are both authorized to perform periodic
monitoring fe ie s of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant
Plan goals, objectives, performance requirements, timelines, milestone compietion, budgets and other
criteria are being met, PrograrnmatiQ Inonitoringmay include the Regional Federal Preparedness
Coordinators, or other federal or state personnel, when appropriate. Monitoring may in o1`
combination desk- based reviews and on.-sito monitoring visits, Inspection of records, and verifications
of r not activities. These reviews will involve ft review and analysis of the financial, programmatio,
performanceand administrative issues relative to .each program and will identify ari .s where technical
assistame and other support may be needed. The e reviews may include, 'but are not Limited
1, .Evaluating eligibilityexpenditures;
2 Comparing in .actual grant activities to those approved by the Approval Authority and
specified in the Grant .Plan;
Ensuring than any advances have been deposited hi an interest bearing aocount and
disbursed In accordance ith applicable guidelines; and
4. Cohfirming compliance with: Standard Assurances; information provided on
performance reports and payment requests; and needs and i r+e t asNossments and
stra gi ,
(b) is .responsible foi' monitoring and auditing the grant activities of any
o ntr a t r or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement
includes bat is not limited to mandatory on -site verification visits.
(e) der any monitoring roview, the DIMS or Cal OES tildes findings that require a
Coffectivo Action Plan by SUBRECIFFENT, the City shall place a hold on. all Reimbursement Requests
from $UBR.BCIFI NT until tho findingsarc resolved.
3,10 ptibuito,impit San Diego shall disburse Grant Funds to SUBRECINENT as
follows:
(a) SUBRECIPIENT shall submit to the liASI Management Tam, in the .ter .specified.
for notices urs .nt to Article 9, a document ("Reimbursement Request") substantially in the form
attached as .Appenclix C, attached hereto and i_ncorporated by reference as though fully set forth herein.
The UASIManagetnont Team shall serve • as the primary. contact for SUBRECIPIENT rogarding any
Reimbursement Request.
(b) The LIAR 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 tho UASI
Management 'e z, with a briefstatement of the reason for the rejection the Reimbursement Request,
FY 19 UASI,ti.. SUBRECIPIENT
Page 7 of 20 September 1, 2019
(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 o 4ant Funds for any other expenditures itemized to
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 ce with any provision of this Agreement, City may
withhold disbursement of Gat Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Ag-reement.
11 Di,ee. 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,
SUBRECTPIENT sill promptly refund the disallowed amount to City upon ity'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 UBRECIPIENT from UBR CI .l T's
obligation hereunder to refund the remainder ofthe disallowed amount
3.12 i,n U1it1 Grant Funded programs that contain c ntinuiug,per el and .operating
expenses, over and above planning and implementation costs, rust be sustained once the Grant Funding
ends, If quip ent is purchand with grant funds the equipment must be sustained through the useful life
of equipment. By executing this Agreement, SUBREGIVENT acknowledges its responsibility and agrees
to sustain continuing programs s beyond the Grant Funding period. STBRB LPIENI' acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3.13u.e x t.
(a) Grant Funded projects rust comply with the edcr+l Environmental and Historic
Preservation ("BHP") program. SUBRECIP1ENT shall yet initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed BHP reviews
and approved the projeat. Examples of projeas that may impact EUP resources include: ors unioations
towers, physical security enhancements, new construction and modifications to buildings, structures and
objects that are 50 years old or greater. SU R CI I NT shall notify the UASI Management Team of
any project that may require an EEC review. SUBRECIPIENT agrees to provide detailed project
information to FEMA,. Cal OES and/or the IAI Management e€► , 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 ETD review, and implement any treatment or
mitigation measures deemed necessary to address potential ad r*s impacts* With prior approval of the
UASI Management Team, SUBRECIPMNT 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 -valuation for compliance with FHP requirements, If ground disturbing
activities occur during project implementation, BRE T I NT shall notify the IASI Management
Team and ensue ro ltoi'ing of ground disturbance, If any potential arch.eological 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 Oboe# If
SUBRECIPIENT is using Grant Funds for a communication nication tower project, SUBRECIPIENT shall
complete lete its Federal Communication Commission ("FCC") BHP process before preparing its Cat
OES/FEMA BHP materials, and shall include the FCC BM materials in the Cal OESVFEMA submission.
(1,) Any construction or other project that SUBRECIPIENT initiates without the necessary
EFIP 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 tint
FY 19t— L ECW I T
Page 8 of 20 September 1, 2019
may be placed on the project as the result of FE A.'s and/or Cai OB 's review will result in the
denial of Reimbursement Requests.
3.14 National l Energy Conservation Policy and Enervy Policy Acts.
comply with the following requirements:
BBIP Tshall
(a) Grant Funds may not be used in aontraventioia 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 2 1 et sect.), 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. SUBRECIREENT 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 usingGrant Funds; and (b)
aiay rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the LIAR Management Team and FENIA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds,
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
'E IA/ PD) 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
FEIVIA/GPD or the US Department of HomelandSecurity."
3.17 Performance Period. . SUBRECEPLENT shall ensure that hard copies ,of all r•eirnbur ement
requests and supporting documentation will be submitted to the UASI Management Team postmarked no
later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment
A). Extension requests may be granted based on extenuating circumstances beyond the control ofthe
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
REPORTING REQUIREMENTS; AuDrrs
illQaular.Reports, • U.I3REC 'IE T shall provide, in a prompt and timely manner, financial,
operational and other reports, as requested by the UASI Management Team, in form at,d substance
satisfactory to the LJASI 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 flefaults or Char.......Circumstance,s. SUBRECIPIENT shall notify the
UASI Management Team and City immediately of (a) any Event of I Default or event that, with the
passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause
any ofthe representations or warranties •contained in ,Article 5 to be false or misleading at any time during
the term of this Agreement; and e) any change of circumstances or events that would cause
SUBRECIPIENT to be out of compliance with the Standard Assurances in Appendix 13,
4.3 Books and Records, SUBREC1KENT 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
FY 19 LEAS S UBRECIPIENT
Page 9of 20 September 1, 2019
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 elated to the matters covered by this Agreement, whether flinded in whole or in part with Grant
Funds. SUBRECIPMNT shall maintain all . f the files, records, boobs, invoices, documents, payrolls and
other Bath required to be maintained under; this Section in a readily accessible location and condition for a
period of not Joss than three years after expiration of thisAgreement or until any final audit by Cal
OES has been fully completed, whichever is later,
4A Ins l rt � I IP�T shall mar available to the UASI Management Team,
n ���q.u.rrnur.errrr�
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. , and allow access and the right to
examine those items. SUBRECINENT shall permit the UASI Management Team and City, and TJA J
Me ant 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 nd
City pursuant to this Section hall remain in effect so long as BR IPI IT haq the obligation to
maintain such files, records, books, invoices, documents, payrolls and other data under this Artiete 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 Teas. SUBRECI TE'T snarl cooperate
with any federal or state audit.
4.5 Andit,R.oport. If the amount spec 'fled in. Section 3.2 of this agreement is , 0 or more,
SUB , CI IBNT shall submit an organization -wide financial and compliance audit report. The audit
must be performed in accordance with CAO's Government Auditing Standards, and 2 CFR Part 200
Subpart F - Uniform Administrative Requirernent3, Principles, ancl Audit Requirements for Federal
Awards, SUBRECIPIENT shad submit its audit report to the UASI Management Team no later than six
months after the end of BREIP1± NT's fiscal year.
ARTICLE
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
tarries throughout the torn of thisAgreement:
5,1 o Mis tits, No document uris ed or to be urn fh d by RE0 IET to the UASI
Management Team in connection with this Agreement, arty 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 materiaI fact necessary to make the statements co atalned therein not misEeading,
under the it uns anees under which any such statement shall have been made}
5.2� i ili# . Llii . d L r d , By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds, and specifically certifies as follows:
(a) is not suspended, debarred or otherwise excluded from participation in
federal assistance program.s, as required by Executive Order 12549 and 12689, "Debarment and
Suspension" and implemented at 2 CFR Part 3000,
(b) BRE IPIE T complies rith 3 I U. S,C4 § 13 52, anitation on ro i t
fiinds tos to leuence federal contracting andlinancial transactlions, as implemented at 44 CFR Part 18 and
CFR Part.
FY 19 UASI—SUBRECIPIENT
Page 10 of 20 September 1, 2019
(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 ianpiernenting regulations.
(d) UBIIP1EiT is not delinquent in the repayment of any federal debt. See OMB
Circular A-129.
SUBRECIPIENT acknowledges that these eertilicatorus of eligibility to receive federal funds are material
terms of the Agreement,
5.3 NIMSCompliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National
Incident Management System (NIMS") compliance requirements, By executing this Agreement,
SU . E IPIE T certifies that it is in full IsIBIS compliance, SUBRECIPIENT acknowledges that this
certification is a material term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6,1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENTs performance of this ,Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement by U :i I IE T; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; c any personal injury or death caused,
directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss
of or damage to property caused, d reedy or indirectly, by any act or omission of SUBRECIPIENT or its
employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT,
or by any of its employees or agents, regardless of whether such equipment or facility is flirnisited, rented
or loaned to SUBREC1PIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for
which SUBRECIPIENT is responsible under Section 1 OE ; 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 SUBRECIPLENT or its
employees or agents to such Indemnified Party in connection with this Agreement, The foregoi ig
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 pots to nerendiotice Notice 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 (0 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
U R.E IPIE T prompt notice of any Loss under Section 6.1 and SUI3RECIPMINIT 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 dune to conflicts of
interest between such Indemnified Party and S BRE IPIENTF 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 I C 'IE T's
ability to defend such Loss. SUBRECIPIRNT shalt seek the .Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified ed Party shares in
liability with respect thereto.
FY 19 VAS] S1 SUBRECEPIENT
Page 11 of 20 September 1, 2019
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 SIRECIPIENT'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.
6.1 LIMITATION N LIABILITY OF SAN DIEGO. . CITY'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LINLITED TO THE AGGREGATE AMOUNT OF GRANT FPS
ACTUALLY DISBURSED HEREUNDER, NOTWITESTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTFIER DOCUMENT OR COMMUNICATION
.RELATING TO THIS AGREEMENT, IN NO EVENT SMALL 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 CONNECTION WITH TITS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITITS PERFORMED IN CONNECTION WITH THIS AGREEMENT.
EI" ENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Defaurlt. 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.
(e) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 1,
(d) In olvenev. 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 SUBRECI.P. NT'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 SUBRECIPIE T'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
(Hi) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT.
FY 19 UASI— SUBRECIPIENT
Page 12 o C MO September 1, 2019
7 2 Remedies upon_Event of Default. Upon and during the continuance of an Event of Default, City
ri y 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 TSI Management Team and by City prior to the date of termination specified in
such notice,
(b) Withholdir� Gr of ant Fand , City may withhold all or any portion of Grant Funds not
yet disbursed hereunder., regardless of whether S BI CPIENT 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 eimbursernent 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,
(0) getuni 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
SLTRECIPTENT written notice of termination, The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIP1ENT 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, SUBRL C[P TNT 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),
(cl) In no event shall City be liable for costs incurred b SUBRECIPIENT 'JEi T or any of its
contractors after the termination date specified by City.
(e) City's payment obligation under this Section shall survive termination. of this Agreement,
7.4 Remedies Nonexclusive, Bach 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.
FY 19 UASI—SUBRECIPIENE
Page 13 of 0 September 1, 2019
ARTICLE
ASSIGNMENTS
.1 o t ELLS, SUDRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of th AgTeement or any rights,
ditties or obligations of SITBRECIPIENT hereunder without the prior written consent of the UASI
Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the
interest of SUBRECIPIErsTTinvoluntarily or by operationof law without the prior writtda consent of
City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially al] of the
assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement,
. re e t this Article. Any agreement made in io1ntion of Section 8.1
shall confer no rights on any person or entity and shall automatically ll be null and void.
. U r i 1 'lC . � x it �SOARECIPIENT shall in. all events remain fixable for
the performance by any contractor, or assignee of all of the covenants, terns and conditions in this
Agreement.
ARTICLE
NOTICES AND OTHER COMMUNICATIONS
;1 Rut.tirements., Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall bo in writing, shall be
addressed to the person and address yet forth below and shall be a deposited in the U,S. rail, first class,
certified with return r receipt requested and with appropriate postage, (b) hand. delivered or o seat via
facsimile Of a facsimile number is provided below):
fto CI of San i '1 e o e urit UAST Marr , s ent Team;
San Diego Office ofHomeland Security
9601 kidgehaven Court, MS 1101C
San Diego, CA 92123
Attn: Katherine Jackson, Program Manager
Facsimile No.:(619) 533-6786
jf
City ofa.tiona.l City
343 E. l th Street
'a [on l City, CA 91950
Attn: Walter Amedee, Management Analyst III
Facsimile No.:(619) 336-4328
9.2 geiliggityalat,. 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; if sent via hand delivery, a receipt executed. by a duly authorized
agent of the party to whom the notice was sent; or if seat 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 bly practicable, the date indicated in the facsimile machine transmission report
of the party giving such notice.
FY 19 IJASI- SUBRECIPIENT
Page 14 dal September 1, 2019
93 Change of_Address. clrlress. 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. r. o waiver by San Diego of any default or breach of this Agreement shall be implied
from any failure by the UASI Management Team or San Diego to take action on account of such default
if such default persists or is repeated. No express waiver by San Diego shall affect any default other than
the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the
UASI Management Team of any action requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or °fatly subsequent similar act.
10,2 Modification. ation. This Agreement may not be modified, nor may compliance with any of its terms
be waived, except by written instrument executed and approved in the same manner as this Agreement;
provided, however, that the Program Manager or designee may establish alternate procedures for
modification of the Grant Plan.
10.3 Governing Law Venue. The formation, interpretation and performance of this Agreement shall
be governed by the laws of the State of California,.without regard to its conflict of laws principles, Venue
for all litigation relativeto the formation, interpretation and performance of this Agreement shall be in
San Diego.
10.4 SUBR.ECIPIENT to Pay All Tam, S UBRE I PIET 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 Ilcadin►gs. 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 n ti re Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes ail other oral or written provisions. The 'following Appendices are attached to and a part of
this Agreement:
• Appendix A, StJBRE IPIE T Award Letter
Appendix B, Standard 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, SUB E IPIE T
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 SUI R.E IPIE T,
10.8 Se era thty. 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
FY 19 UASI ---SUB ECt [ENT
Page 15 of 20 September 1, 2019
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,
10,9Successors; No Third -Party Benefici4rjes. Subject to the terms of Article 8, the terns ofthis
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.
1.0,10 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 , Article 6, this Article 10, and the Standard Assurances of Appendix B.
10,11 Further Assurances. From and after the date ofthis 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 Go npiete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement,
10,1 Disclosure of,ubwards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) P.L. 10- 82 as amended by Section O a of the
Government Funding Transparency Act of 2008 PI,. 1 10- 5 , 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. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (eontracts, sub -contracts
and Federal financial assistance), and $25,000,000 or more in. annual gross revenues from
Federal awards; and,
b) information is not already available through reporting to the Securities and
Exchange Comtnission.
10 13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in
UAI-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 19 UAS1 —SUBRECIPIENT
Page 16 of 20 September 1, 2019
(c) To appropriately recognize e the regional collaborative nature of grant fronded planning
projects, ail groups, individuals and jurisdictions who contributed to and/or participated in the planning
process shall be properly and cleat/ acknowledged in the find deliverable.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coyeraze, Without limiting UBRECIPI NT'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, withEmployers' Liability Lints
not less than SI,000,0 0 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than SI,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractuai Liability,
Personal lriJury, Products and Completed Operations; and
(c) Automobile Liability Insurance with limits not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage, age, including Owned, Non -
Owned and Hired auto coverage, as applicable,
11.2 Additional Re _uircments for Geueraril_and Automobile Coveraare, 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' Com penswtion. 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 shad 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 ikdditional erne fs 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 9,1`otices and Other Communications.
1 1.5 Required Post -Expiration Coyerage. Should any of the required insurance be provided under a
claims -made form, SUBRECIPIENT shalt 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.
FY 19 UASI --SUBRECIPIENT
Page 17 of 20 September 1, 2019
11.6 General_ Annual Aegregate Limit/Inclusion of Claims Investigation or L #al 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 aimual aggregate limit shall be double the occurrence or claims limits
specified above.
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,
1 1.8 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 ofthis Agreement.
11.9 Effect of Apnr'oval. Approval of the insurance by City shall not relieve or decrease the liability of
SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to
complete any portion ofthis Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide
all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees
and the SUBRECIPIENT as additional insureds.
11.11 Authority to Se -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self -
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shalt provide
proof of self-insurance, in a fora acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMTLIAACE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Diego employee working with SUBRECEPIENT, applicant for
employment with 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 ofa 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 (AMSTHIV status), or
association with members of such protected classes, or in retaliation for opposition to discrimination
against such classes,
12,2 onflict of interest. Through its execution ofthis Agreement, SU RECTPIE T 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 tear of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing ofall violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
FY 19 UASI — SUBRECIPIENT
Page 18 of 20 September 1, 2019
12.3 AD. ,. SUBRECIPIENT acknowledges that, pur5uatit to the ADA, programs,
services and other activities provided by u lic entity to the public, whether er directly or t r i h
grantee r contractor, mu t be accessible to the disabled public. SUBRECIPIENT shall not discriminate
against any person protected under the ADAin connection with ail or any portion of the Grant Pin and
shah comply ly at all tittles with the provIsion3 of the ADA.
FY 19 IASI— SUBRECNIENT
Page 19 o f 0 Septomber 1, 2 1
IN WITNESS WHEREOF, the patties hereto have caused this Agcement to be duly executed as of the
date Furst specified herein.
CITY OF SAN DO:
By.
IA"TI IIERINE JACKSON
PROGRAM . MANAGER
OFFICE OF HOMELAND SECURITY
Approved as to Fora
Mara W. Elliott
City Attorney
eputy City Attorney
FY 19 UASI SUBRECIPIENT
SUBRECIPIENT:
By:
ALEJAND SOTELO-SOLIS
-S }LIS
MAYOR
Federal Tax ID #t: 95 6OOO 49
Page 20 of 20 Soptember 1, 2019
Appendix . -- SUBRECIPIENT Award Letter
(i '0/
411.0 N DII�GQ)
Office of HorneItmci Security
;March 1 8, 2020
Alejandro Sotola-Solls
Mayor
City of National City
1243 National City Blyd
National. City, CK9 [950
SUBJECT: NOTIFICATION Olg' SUBREMIENT AWARDP1 . AL
FY 1 Rr meI n 1 Security Giant Program
G"ran 2019,0035dal OES LD# 073-66000
Sub-recipiewPrforaui. NNW: : tr r 1 2019 to December,l, 2021
ub,.reo 1p. ni:: City of National City
The San Diego Office. orliomelandSecurity (SD OHS) has approved your FYI 9 Urban Arco Setlurity Initiative
tjve
SI award,
Activities:
Reimbursement Claim
Amourit: Due Date:
��f" -- - .•-.44ti .---'Iw.sWWr4iy.yih . .. .. tiw.� __ - �� _- _
All Projects ,560
Project Awareness Applications1 0
Project Regional Training ,anti it n ti p $31,560
*Wilber 15, 2021.
September 15, 2021
*Training nut and Participation ftin are Ihited to approved cottuses Om Attachment ,
During the appliaotion process, the Regional Twhaology PCIATzership (RTP) veud and the Urban AreaWorlthig
Group - approved our pr J t , Throughout the grant cyckh, SD OHS will 11performancemil ts
identified in thy. ITSGP appEcution as indicators f ptribrmance and Nsinformation may used in assessing
k@ competitive grant applications, All activities fundcd with this award must be completed within the ub-
roci i n.t PeAlrorniFilleQ period.
You aro requiv d to comply with ail applicable federal, state, and local envirortmental on,41 historiG preservation
(Ei-.iP) requircments. 1 l rAviationiWatercrafi requests, projects t equili review, -fectoral schedule
t)ricl sole soursouree procui.ement requests, regardless of dollar . m u t, roquire prior approval fi.om OHS and the
Cditbrnict Governor's Off= ofEmergermy Services (Cal O S+ Sttb-reolpients must t obtain written approval al ibr
tress activities prior to incuming any costs, in rd r to reimbursed for any rel t i costs under this napt, Sub-
recipimats are elso mquirtx1 to obtain a pedormaticebond prior to tho purchiseof any equipment bern over
$250,000, Inc:Jading any aviation or wateroraft financed with homeland Necurily dollar& Performance bon i g u t
be submitted to uxr TJASI Progrnm Represontative no later than the time of reimbursement
PY 19 UASI W u r 1 1e t -1
I C 1) 3 760
September 1 2019
City of Nati.onal CiLy
March 1 , 2020
Page
Following iiccoptance of this rd, you must t sign and return ffiQ SD OHSMemorandum of Understanding
(MOLI) pis a it as the :al OHS standard assurkmaces. Once your completed MOU and standard asstrances are
signed arxd received y ou.r office you may request reimbursement li ibi giant expendttures.
11r* agency mot coordiaate with SD OHS to prepare and submit quarterly pr* j do milestone
reporting via email so that SD OHSorn comply with the semi-innual .13SIR reporting for the duration
or the grant period or until ,youcor l t all activities and the grant is formally closed. Failure to ubmit
requimt reports uld xiesult in grant reduction, suspension, or t rrn1n ..ti rL.
This grant is subject to ail provisions of 2 CFRPast 2. Any funds roved in excel of current needs,
approved amounts, or th e round owed as a result f a final review or audit, must be refttnded to SD OHS
Ivithin 30 days upon receipt don invoice fro m SD OHS.
Your dated signature- is requited on this letter. Please six and return the original to your IASI Program
Representative at 9601 Ridgehaven Court, San Diego CA 92123within days of receipt and keep a
copy for your files.
For further assistance, please feel free to contact your SD O S LIASI Programe r ntati t (619)
533-6758.
Katherine Jackson
Program Mariagor
.City o1' San Diego Office of Roseland Security
ej andtilT
Mayor, City of Nationa City
FY19-VAST Subrecipient
A-2 September I, 2019
Appendix —H GP Standard Assurances
Name of Jut'isdiction. ___CipLathaitlinaaini._
Name of Authorized Agent: iejandra Sotelo Soil ddress: 1243 National Cite Blvd,
City: Nat —jowl] City State: California Zip Code: 91950
TelephoneNumber: (619) 3 -4 3___
Fax umber:. 19) 336-4239 E MailAddress:
As the duly authorized i'epr & sentatFve of the Applicant, I hereby certlif ► that the Applicant has the
legal authority ority to apply, for feclQral assistance and the irtstitutional, managerial and financial capability
(including funds sufficient .. r p
r ient t 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.
li further acknowledge that the Applicant is responsible for revievving and adhering to all
requirements within the:
(a)
(b)
(c)
(d)
(e)
Applicable Federal Regulations (see below);
Fe ieraI Program Notice of Funding Opportunity N F+ ;
Federal Preparedness Grants Manual;
California Supplement to the NOFO; and
Federal and State Grant Program Guidelines,
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal
grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations ( .E i .. Updates are
issued by the Office of Management and Budget l\ i and can be found at
http://www.whitehotise.goviombli
Significant state and federal grant award requirements (some of which appear ill the documents
listed above) are set forth below. The Applicant hereby agrees to comply with the following:
Proof of Authority
1'lre applicant will obtain written authorization from the city council, governing board, or authorized
body in support ofthis project. This written authorization must specify that the Applicant and the city
council, governing board, or authorized body agree:
To provide all rematching funds required for the grant project and that any cash rnatch will be
appropriated as required;
Any liability arising out of the performance of this agreement shall be the responsibility of the
Applicant and the city council, governing board, or authorized body;
Grant funds shall not be used to supplant expenditures controlled by the city council, governing
board, or authorized body and
The official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant will initiate work after approval of the award and cotfplete all work within the period of
performance specified ir. the grant.
FY 19 UASI SUB ECIPI NT
• 8-2 September 1, 019
Initials;
. Lobbying and Political Activities
As required. by Section 1352, Title 31 of the United States Code U. . .}, for persons entering into a
contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a
commitment providing for the united States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any federal'
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement*
(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 Forth-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions.
(o) 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.
The Applicant will also comply with provisions of the Hatch Act 5 U.S.C. 1501- 1508 and §§ 732 -
73 which limit the political activities of employees whose principal employment activities are funded
in whole or in part with federal funds,
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the
enactment, repeal, .modification or adoption of any law, regulation or policy without the express written
approval from the California Governor's Office of Emergency Services (a1 OES) or the federal
awarding agency.
4 Debarment and Suspension
As required by Executive Orders 12549 and 12689, , and 2 C.F.R. § 200.213and codified in 2 C.F.R. Part
180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse
by debarring or suspending those persons deemed irresponsible in their dealings with the federal
government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a)
(b)
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency,
Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission offraud 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
cotnrnission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
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
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.
FY 19 UASI SUBRECIPIENT
B-3 September 1, 2019
Initials:
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this application.
5. Nor -Discrimination and Equal Employment Opportunity
The Applicant will comply with all federal statutes relating to non-discrimination. Those include, but are
not limited to, the fallowing:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 4 L1.. .§ 2000d et
se.) which prohibits discrimination on the basis of race, color, or national origin and requires
that recipients of federal financial assistance take reasonable steps to provide meaningful access
to persons with limited English proficiency (LEP) to their programs and ,Services;
(b) Title IX of the Education Amendments of 1972, (20 USX, §§ 1 1-1 8 , and 16 5 --1 ,
which prohibits discrimination on the basis of sex in any federally funded educational program
or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 f ,S, ,§ 794), which prohibits discrimination
against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability and requires buildings and structures be accessible to those with disabilities and access
and functional Reeds (42 U.S.C. §§ 1 101 N 12213);
(e) Age Discrimination Act of 1975, (42 U, . ~ §§ 6101-6107), which prohibits cliserimir ation on
the basis of age;
Public health Service Act of 1912 (42 S.C.§§ 290 dd , relating to confidentiality of
patient records regarding substance abuse treatment;
Title V1I1 of the Civil Rights Act of 1968 4 TU .:,§ 3601 et se ,), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by the Department
ofHousing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability
discrimination includes the requirement that new multifamily housing with four or more
dwelling units—i.e., the public and oomrnoln use areas and individual apartment units (all units
in buildings with elevators and ground -floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100. 01);
Executive Order 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, color, religion, sex, sexual
orientation, gender identification or national origin;
Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex,
sexual orientation, gender identification, or national origin in hiring and employment in. both the
United States federal workforce and on the part of government contractors;
California Public Contract Code § 10295.3, which prohibits discrimination based on domestic
partnerships and those in sane sex marriages;
:ITSDITS policy to ensure the equal treatment of faith -based organizations, ruder which all
applicants and recipients must comply with equal treatment policies and requirements contained
in 6 C.F.R. Part 19;
Any other nondiscrimination provisions in the specific statute(s) tinder which application for
federal assistance is being made; and
The requirements of any other nondiscrimination statute(s) which may apply to the application,
(f)
(9)
(1)
(m)
In addition to the items listed in (a.) through (m), the Applicant will comply withCalifornia's Fair
Employment and Housing Act (FERMI, FEHA prohibits harassment and discrimination in employment
because of ancestry, familial status, race, color, religious creed including religious dress and grooming
practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to
pregnancy, childbirth or breastfeedin,g), gender, gender identity, gender expression, sexual orientation,
FY 19 UAST — SUBRECIPIENT
B-4
September 2019
Initials
marital status, national origin, ancestry, mental and physical disability, genetic information, medical
condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave
(California Government Code '§ 12940, 12945, 129452), military and veteran status, and/or retaliation
for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax
supported institutions.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies
that itwill maintain a drug -free workplace and a drug -free awareness program as outlined in the Act.
`, Environmental Standards
The Applicarnt will comply with state and federal environmental standards, which may be prescribed
pursuant to the following, as applicable:
(f)
(9)
(h)
California Envirotunental Quality Act (CEQA) (California Public Resources Code §§ 2100o-
21177), to include coordination with the city or county planning agency;
CEQA Guidelines s (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-
15387);
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;
Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary
and mobile sources;
Institution of environmental quality control measures under the National Environmental Policy
-Act r PA of 1,9 -(P,L,-a l--1 0) -tl e Council on. Environmental Quality Regulations for
Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on
the environmental and human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all communities;
Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
Executive order 11514 which sets forth national environmental standards;
Executive Order 11738 instituted to assure that each federal agency empowered to enter into
contracts for the procurement of goods, materials, or services and each federal agency
empowered to extend federal assistance by way of grant, loan, or contract shall undertake such
procurement and assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which
requires preservation of wetlands;
The Safe Drinking Water Act of 1974, (P.L. 93-523);
The Endangered Species Act of 1973, (PI. 93-2.05);
Assurance of project consistency with the a.pprovcd state management program, developed under
the Coastal Zone Management Act of 1972 (16 U.S.C. § § 14 1 et seq.);
Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c)
of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
Wild and Scenic Rivers Act of 1968 (16 '. S.C.§ 1271 et seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air
Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of
the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3)
determined to be in violation of federal law relating to air or water pollution.
FY 19 A 1 UB C 1ENT
B-5 September 1, 2019
Initials:
. Audits
For su reeip.l nt expending $750,000 or moire in federal grant funds annually, the Applicant will cause to
be porfornied the required financial and compliance e audits in accordance with the Sink Audit ,het
Amendments of 1996 and Title lathe Code ofFedetal Regulations, Part 200, Subpart F Audit
Requirments.
Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller
General of the United States and, if of riat , the state, through any authorized representative, .ccess
to and the right to examine all r000rds, books, papers, or documents related to the award. The Applicant
will require any subreolpients, contractors, successors, transferees arc! assignees to acknowledge and
agree to comply with this provision.
10. Conflict of It r t
The Applicant i t establish safeguards to prohibit i n pl y es from using their positions for a purpose
that constitutes or presents the appearance o F personal or organizational conflict of interest, or personal
gain,
11. Financial Management
False C I& s a me . µ The Applicant will, comply with 31 U.S.0 §§ 3729-3733which sets forth that
rsubrecipient recipient, or subrecipient shall submit it a false claim for payment, reimbursement or
advance.
12. Reporting M Accountability
The Applicant ant gr es to comply with applicableprovisions of the Federal Funding Accountabilityand
Transparency Act (FFATA) (P.. 1 - , specifically (a)the reporting of subawardsobligates
25,0 0 or more in f cd. rat funds an(b) executive e r e is Lion data. for first -tier subawards. This
includes the provisions of F TA, which includes requirements onts for executive compensation, and also
requirements implementing the Act for the non-federal entity at 2 C F.& Part 25 Financial Assistance Use
of Universal Identifier and Central ontra tar Registration and 2 C.F.R. Part 170 orting Subaward mid
Executive oapers t l o Information.
1. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistieblower protections at 10 U.S.C.
2409, 1 I I I § 4712, and 10 I.S.C. § 2324, 41 U.S.C.
4304 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 1 tithe Traffickj jgp�•eeti
AotPf 2c90, as amended U.S.0 § 7104) which, prohibits grant award recipient or a su reoi i nt
from: 1 engaging in trafficking in persons during the period of time that the award is ineffect; (2)
proouring a commercial sex act during the period of time that the award is in effect; or using forced
labor in the performance of the award or subawarcls under the award.
1, Labor Standards
The Applicant will comply with the following federal labor standards:
(a)
The Davis -Bacon. Act U.S.C. 276a to .- , as applicable, and the Copeland Act 0
§ 3145 and 18 U.S.C, § and the Contact Work our and Safety Standards Act (40
U.S.C. §§ 327- , regati i g labor standards for federally -assisted construction contracts or
subcontracts, and
FY 19 UASI SUBIOCIPIENT
B-6 September12019
I itia1s;
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of
institutes ofhigher Learning 1HE , hospitals and other non-profit organizations,
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect
workers who may be injured on the job at all times during the performance of the work of this
Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq,
17. Property -Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and fll of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 1-6 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 1 o (a) of the Flood Disaster
Protection Act of 1973 (P.L. 9 - 34) 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
co struction and acquisition is $10,000 or more;
(0)
(d)
(e)
(f)
Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U. , C. § 470), Executive Order
11593 (identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. 46 a-1 et eq,); and
Comply with the Lead -Based Paint Poisoning Prevention Act (4 U.S.C.§ 4831 and 24 FR
Part 5) which prohibits the use of lead -based paint in construction or rehabilitation of residence
structures.
18. Certifications Applicable only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest
its the site and facilities without permission and instructions from the awarding agency. Will
record the federal awarding agency directives and will include a covenant in the title of real
property acquired in whole or in part with federal assistance funds to assure nondiscrimination
during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and
approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to
ensure that the complete work conforms with the approved plans and specifications and will
furnish progressive reports and such other information as may be required by the assistance
awarding agency or State.
19'. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California vehicle Code sections 23123 and 231 3. . These laws
prohibit driving motor* vehicle while using an electronic wireless COMMLirliCatiOtIS device to write, send, or
read a text -based communication, Drivers are also prohib ited from the use of a wireless telephone without
haiids-fine listening and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
FY 19 UAS1 UBF CPIENT
t3-7 September 1, 2019
Initials.
20. California Pudic Records s Act and Freedom of nformation Act
The Applicant acknowledges that all information submitted in the course of applying for funding under
this program, or provided in the course of an entity's grant management activities that are under Federal
control, is subject to the Freedom of Information Act (MIA), 5 U.S.C. § 552, and the California. Public
Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws
and consult its own State and local laws and regulations regarding the release of information when
reporting sensitive matters in the grant application, needs assessment, and strategic platming process.
L A� +[`- 1 i : �� � �—PROGRAMISPECITIC.
21. Reporting Accusations and Findings of Discrimination
If during the past three years the recipient has been accused of discrimination on any basis the reeipient
must provide a list of all such proceedings, pending or completed, including outcome and copies of
settlement agreements to the DHS Financial Assistance Office and the DIIS Office for Civil Rights and
Civil Liberties (CRCL) by e-mail at CRCL@hq.dhs.gov or by mail at U,S. Department of Homeland
Security, Office for Civil Rights and Civil Liberties, Building g 410, Mail Stop 0190, Wash.i on, ] , ,
20528.
In the courts or administrative agencies make a finding of discrimination on grounds of race, color,
national origin(including L P , sex, age, disability, religion, or familial status against the recipient, or the
recipients settle a case or matter alleging such di erimination, recipients must forward a copy of the
complaint and findings to the DHS Financial Asstsftince Office and the CRCL by e-mail or mail at the
addresses listed above.
The United States leas the right to seek judicial enforcement of these obligations.
22. Acknowledgment of Federal Funding from MIS
All recipients must acknowledge their use of federal funding when issuing statements, press releases,
requests for proposals, bid invitations, and other documents describing projects or programs funded in
whole or in part with federal funds.
23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as
necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are
obtained.
24. Best Practices for Collection and Use of Personality Identifiable Information (P11)
S defines personally identifiable information IT as any information that permits the identity of an
individual to be directly or indirectly inferred, including any information that is linked or linable to that
individual. All recipients who eolleetPll
are required to have a. publica.iiy-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the FOS Privacy Impact Assessments: Privacy
Guidance and Privacy tinplate a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an
acknowledgement of U.S. Government sponsorship (including the award number) to any work first
produced under federal financial assistance awards,
PY19 UASI SU RE JPTET
B-8 September 1,2019
Initials;
26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200,
Subpart E may not be charged to other federal financial assistance awards to overcome funddeficiencies,
to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms
and conditions, or for other reasons.However, these prohibitioris would not preclude recipients from
shifting costs that are allowable tinder two or more awards in accordance with existing federal statutes,
regulations, or the federal financial assistance award terms and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to
energy e lleiency that are defined in the state energy conservation plan issued in compliance with this
Act.
28. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of
relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments.
See OMB Circular A-12 .
29. Fly America Act of 1974
All recipients must comply with preference for U.S. Flag Air Carriers: (air carriers holding certificates
under 49 U.S.C. § 4112) for international air transportation ofpeopie and property to the extent that such
service is available, in accordance with the International Air Transportation Fair Competitive Practices
Act of 1974 (49 U.S.C.
40118) and the interpretative guidelines issued by the Comptroller General of the United States in the
March 31, 1 981, amendment to Comptroller General Decision - 138942.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure
that all conference, meeting, convention, or training space funded iu. whole or in part with federal funds
complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of
174, as amended, 15 LT... § 2225a.
31. Non -supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit
supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted
for the same purpose through non- federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayb-Dole Act, Pub. L. No. w 17, as
amended, and codified in 35 U. ,C. § 200et seq. All recipients are subject to the specific requirements
governing the development, reporting, and disposition of rights to inventions and patents resulting from
financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at
37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide
emergency communication equipment and its related activities must comply with the SAFECOM
Guidance for Emergency Communication Grants, including provisions on technical standards that ensure
and enhance interoperable conmunications.
MIT 1 A I — SUB ECIPI 1T
B-9 September.1, 2019
Initials:
34. Terrorist Financing
Ail recipients must comply with Exeoutive Order 1 /l nd IJ,S, law that prohibit transactions with, and
the rioi of resoumes and Elupport to, individuals RI1(1orga.nizations associated with terrorism,
Recipionts arol it tvsponsible to nsur compliance with the Order and laws,
35. Reporting f Matters Related to RecipientIntegrity n r or
If the total value of the recipient's currently active grants, cooperativo agreements, and proeurelnent
contracts ro all federal assistance offices exceeds $10,000,000 for any period of time during the period
of performance of this thderaltfinal-1W W assistance award, you must comply with the requirements set forth
in the government -wide Award Term and Condition for Recipient Integrity an Performance Matters
located at 2 PER, .art 200, Appendix di .XII, the Full text of which is incorporated i here by reference n in the
award forms s and conciitims.
36, USA Patriot Act of 2001
1 reoiplatits Yeast cosnply with. requirements of the Uniting add Strengthening AmericaP o .din
Appropriate Tools Required to Intercept and tru t Terrorism Act (USA PATRIOT Act), which
amends18 [ ,SIC. §§ 1 —17 ,
37. Use of DEN Seal, Logo, and Dap
Ali recipients must to rmi sio . from that DHS Financial Assistance Office, prior to using the DRS
soaks), e, °togs or reproductions of flags or likenesses of `S agency officials, olu i use of the
United States Coast Guard seal, logo, crests or reproductions flags or likenesses of Coast Guard
':vial.
FY 19 UASI— SUBRECIPIENT
-1 o September 1, 2019
tat
IMPORTANT
The purpose f the assurance is to obtain federal and state financial assistance, including any and ail
federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that
state financial assistance will be extended based on the representations made in this assurance, This
assurance is binding on the pli arnt, its successors, transferees, assignees, etc, Failure to comply
will any of the above assurances may result in suspension, termination, mination, r reduction of grant funds.
All appropriate documentation, , as outlined above, must be maintained. on file by the ►pliant and
available for Cal CUES or public scrutiny upon request. Failure ompl with these requirements may
result in suspension of payments under the grant or termination of the grant or both and the su.brecipient
.may be ineligible for award. ofa.n future ant if the of OES determines that any of to folrowing has
occurred: 1 the recipient has made False certnation, or violates the certification by failingto carry
out the requirements (as noted above.
All of the language ontain cl within this docurnaramurst be included in the award documents for all
subawards at all tiers. Ali recipients are bound by the Department of Homeland uurity Standard
Terms and Conditions 20.18, Version 8 .1, hereby incorporated by rfe r r e, which can be found at:
litt s:f/ ww.dI1SFyo )crbli ation 1 rdl.s- taar=cl-tarns-and- onclitions.
The undersigned represents that he/she is authorized to enter into this agreement or and on behalf
of theApplicant.
Subrec ipl nt: City of National City
Signature fAutho Tiz Agent:
Printed Name of Authorizal Agent: l i Sgtejo7Solis
Title Mayor,. .._. _
FY 19 UASI —SUBRFCIPIENT
at :iv-y3,_ -
B- t 1 Sep(ember t, 2019