HomeMy WebLinkAbout2021 CON San Diego Office of Emergency Services - FY2020 UASI Grant FundsAGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
CITY OF NATIONAL CITY
FOR THE DISTRIBUTION OF FY 2020 UASI GRANT FUNDS
THIS AGREEMENT is made this day of November 19 , 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 capacity as fiscal
agent for the Approval Authority, as defined below, acting by and through the San Diego Office of
Emergency Services ("SD OES"), also referred to as the San Diego Office of Homeland Security ("SD
OHS").
RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an
eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area
("SDUA") was established for the purpose of application for and allocation and distribution of federal
Urban Areas Security Initiative ("UASI") program grant funds; and
WHEREAS, The Urban Area Working Group ("UAWG"), a collaborative subcommittee established by
the San Diego County Unified .Disaster Council, was established as the Approval Authority for the
SDUA, to provide overall governance of the homeland security grant program across the SDUA, to
coordinate development and implementation of all UASI program initiatives, and to ensure compliance
with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services ("SD OES"), as the "core city" for the
SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is
responsible for implementing and managing the policy and program decisions of the Approval Authority,
directing the work of the UASI Management Team personnel, and performing other duties as determined
and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through
the California Office of Emergency Services ("CaI OES") to the SDUA, with responsibility to establish
procedures and execute subgrant agreements for the distribution of UASI program grant funds to
jurisdictions selected by the Approval Authority to receive grant funding; and
WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and
to establish procedures and provide all financial services for distribution of UASI program grant funds
within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management
Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT
on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
FY 20 UASI — SUBRECIPIENT
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ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth below:
(a) " DA" shall mean the Americans with Disabilities Act (including all rules and
regulations there under) and all other applicable federal, state and local disability rights legislation, as the
same may be amended, modified or supplemented from time to time,
(b) "Authorized Expenditures" shall mean expenditures for those purposes identified and
budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification.
(c) "Event of Default" shall have the meaning set forth in Section 7.1.
(d) "il_u.rtr" shall mean each period of three calendar months commencing on July
1, October 1, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT
(DUNS: 072494073 under this Agreement. This Agreement shall specifically cover funds allocated
or disbursed from Cal OES Grant No. 2020-0095, Cal OES ID No. 073-66000, CFDA No. 97.067,.per
Cal OES award notice dated October 23, 2020.
"Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described i.n the approved Financial
Management Forms Workbook FMFW. If SUBRECIPIENT requests any modification to the Grant
Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the
following information: Scope of change requested, reason for change, proposed plan for change,
summary of approved and requested modifications to the Grant Plan, and any necessary approvals in
support ofchange e.g., MP).
(g) "Indemnified Parties" shall mean: (1) San Diego, including all commissions,
departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego's elected
officials, directors, officers, employees, agents, successors, and assigns; and iii all persons or entities
acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties,
claims -,claims... -actions, --suits; judgments ee -expenses-and-costs of h-atsoe er-kind-and-..nature-(in luding--legal--- -
fees and expenses and costs of investigation, of prosecuting or defending any Loss described above)
whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(i)
"Reimbursement Request" shall have the meaning set forth in Section .1 a.
(i) "Simplified Acquisition Threshold" means the dollar amount below which a non -
Federal entity may purchase property or services using small purchase methods.
(k) "UASI M a erent Tear" shall mean The SD OES Program Manager, Program
Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members
to the Management Team to implement the policies of the UAW.
(1) "P s-tlxrou h entity" shall mean a non -Federal entity that provides a sub award to a
subrecipient to carry out part of a Federal Program.
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1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms
shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or
"proper" and similar teens shall mean sufficient, necessary or proper in the sole judgment of City. The
terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or
satisfactory to, City. The terms `include," "included" or "including" and similar terms shall be deemed to
be followed by the words "without limitation." The use of the term "subcontractor," "successor" or
"assign" herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.
1.3 References to this A2reement. References to this Agreement include: (a) any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by reference herein; and (c) any and all amendments,
modifications or supplements hereto made in accordance with Section 10.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to
this Agreement as a whole.
I. A Reference to laws. Any reference in this Agreement to a federal or state statute, regulation,
executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that
statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or
instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins,
and instructions, the decision -reaping of the Cal OES and the Approval Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or
direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal
OES and Approval Authority, Further, SUBRECIPIENT acknowledges and agrees that the City shall
have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully
and finally executed this Agreement. SUBRECIPIENT acknowledges ledges and agrees that if it takes any
action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation
decisions -by- a.1- T -arid-tl t ppr l Authority-,-and-before-this greemen is fully --and ...finally....__.....__. _..__
executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, and such
acknowledgement ledgemxrent and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as
set forth in Section 39 of the City of San Diego City Charter:
"No contract, agreement, or other obligationfor the expenditure of public funds shall be entered
into by any officer of the City and no such contract shall be valid unless the Chief Financial
Officer shallcertify in writing that there has been made an appropriation to cover the expenditure
and that there remains a sufficient balance to meet the demand thereof."
FY 0 UASI — SUBRECIPIENT
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ARTICLE 3
PERFORMANCE F THE AGREEMENT
,1 Duration of Tenn. The term of this Agreement shall commence on SEPTEMBER 1, 2020
and shall end at 11:59 p.m. San Diego time on APRIL 302023,
32 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and
Exercise Participation Award Letter and/or approved modification. The City will not automatically
transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT roust
submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI
Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds,
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT T shall not
use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for
other federal grants cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory
proceedings, or to sue the federal government or any other government entity, SUBRECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification cation of Grant Plan. Under Sections 1.1(0 and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OES Program Manager or designee has provided written approval for the
request. In addition, if the modification request requires approval from the Approval Authority and/or
Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate,
encumber or expend any additional or reallocated Grant Funds pursuant to the modification request
without approval from the Approval Authority and/or Gal OES.
(c) Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace (supplant) funds that have been appropriated for the same purpose.
(d) Obligations. SUBRECIPIENT roust expend Grant Funds in a timely manner consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement,
(e) Subawards. SUBRECIPENT is not an authorized pass -through entity and is not
authorized to male any subawards of Grant Funds.
3.4 Grant Assurances; then_ a uirem nts• Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with
all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of
the grant award; the approved application, and any conditions imposed by Gal 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 20 U SI — SUBRECIPIENT
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requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and
instructions; the terms and conditions of the grant award; the approved application, and any conditions
unposed by Cal OES or the Approval. Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of
San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation,
planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall
cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection,
planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI
Management Team. For ensuring compliance with non -supplanting requirements, upon request by City
or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction
of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems and records
in accordance with federal and State of California requirements. This provision requires, at a minimum,
that SUBRECIP1ENT comply with the following non-exclusive list of regulations commonly applicable
to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative e Requirements
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21,
A-, A-89, A-102, A-11 , A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative ,Requirements, Cost / cipies,
and Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-13 3);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and
Procedures, Contracts with Commercial cic l g r izaions.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles,
and Audit e i m sfor FFederal wards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, , A-89, A-102, A-110, A-122, and A-13 .
3.6 Technology Requirements.
(a) National Information Exchange Model "MEM" , SUBRECIPIENT shall use the latest
NIEI I specifications and guidelines regarding the use of Extensible Markup Language "XI IL" for all
awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies,
which can capture, store, analyze, transmit and/or display location -based information i.e., information
linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the
Federal Emergency Management Agency "FE1 A1' website.
(c) Criminal Intelligence Systems Operating Policies, Any information technology system
funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies} if applicable.
FY 20 UASI —SUBRECIPIENT Page 5 of 20 September 1, 2020
(d) is encouraged to use the DHS guidance in Best Practicesfo
Government Use , f CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must
contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract
Provisions for non -Federal Entity Contract Under Federal Awards), 2C.F.R. § 200.326.
(b) Specific Purchases, If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DIES's SAFE OM1 s coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any
Grant Funds, S ,BT ECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory .management plan, an effective distribution strategy, sustainment costs for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any
equipment items over the simplified acquisition threshold 2 .F. .. § 200.88) or any vehicle, aircraft or
watercraft financed with Grant Funds.
(d) Non -Competitive Procurement Requirements. UAI Management Team prior approval is
required for any procurement made without advertisement or a competitive process or single response to a
request for proposal/bid, regardless of dollar amount, this includes sole source procurements.
SUBRECIPIENT shall submit a Non -Competitive Procurement Authorization request to the UASI
Management agement Team for approval prior to expending any grant funds. Additionally, SUB E IPT 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 2 .F.R. § 200.88).
(e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement
Authorization -request -to the-.BA-SI--Managem ent--Team...for-approval-to-procure using -the -.Federal.. supply- - - --
schedule, prior to expending any grant funds.
3.8 Contractor Requirements.
ments.
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity
receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12, as
implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before
disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary
proof of this verification i . its files. SUBRECIPIENT shall establish procedures for the effective use of
the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties.
SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the
list to assure that its contractors, at any tier do not make awards in violation of the non -procurement
debarrent and suspension common rule.
FY 20 UASI— UB E IPIENT Page 6 of 20 September 1, 2020
(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds
from SUBRECIPIENT cornplies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying;
and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds
from SUBRECIPIENT T complies with the requirements of 2 CFR Part 3001, Requirements for Drug -Free
Workplace 'i a a is (ssi tanc .
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic
monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant
Plan goats, objectives, performance requirements, timelines, milestone completion, budgets and other
criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness
Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a
combination of desk -based reviews and on -site monitoring visits, inspection of records, and verifications
of grant activities. These reviews will involve a review and analysis of the financial, programmatic,
performance and administrative issues relative to a h program and will identify arras where technical
assistance and other support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and
disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: GrantAssurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. IT. This requirement
includes but is not limited to mandatory on -site verification visits.
(c) .If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement_Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified
for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein,
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team will
return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Tearn, with a brief statement of the reason for the rejection of the Reimbursement urser ent Request.
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(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team.
(e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may
withhold disbursement of Grant Funds until SBREIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its
option, City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's
obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating
expenses, over and above planning and implementation costs, must be sustained once the Grant Funding
ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life
of equipment. By executing this Agreement, SBREIPIEIT acknowledges its responsibility and agrees
to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3.13 ELIP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation r'EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEIVIA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of
any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project
information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review,
and to prepare any documents requested for the review. SLTBREIPIENT shall comply with all
conditions placed on the project as the result of the EHP review, and implement any treatment or
mitigation measures deemed necessary to address potential adverse impacts. With prior approval ofthe
UASI Ma-nagerriearxt-TeamT L-JBRE IPIE T'T--rriay use- Grant Funds -toward -the -costs -of -preparing---.-... -.. ------ -...
documents and/or implementing treatment or mitigation measures. Any change to the approved project
scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing
activities occur during project implementation, SIJJBRECIPIENT shall notify the UASI -Management
Team and ensure monitoring of ground disturbance. If any potential archeological resources are
discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI
Management Team, which will notify the appropriate State Historic Preservation Office. If
SUBREIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall
complete its Federal Communication Commission ("FCC.") EHP process before preparing its Cal
OES/FENIA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
FY 20 UASI — SUBRECIPIENT
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may be placed on the project as the result of FEMA's and/or Cal OES's EHP review will result in the
denial of Reimbursement Requests.
3.14 National Energy...Conservation Policy and Energy. Policy Acts. SUBRECIPIENT shall
comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC §13212).
3 415 Royalty -Free l®. SUBRECIPIENT understands and agrees that FEMA reserves a royalty -
free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to
use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b)
any rights of copyright that SUBREIPIEIT purchases or acquires using Grant Funds. SUBREIPIEIT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or
developed under this Agreement prominently contain the following statement: "This document was
prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate
(FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in
this document are those of the authors and do not necessarily represent the official position or policies of
FEMA/GPD or the US Department of Homeland Security."
3.17 Performance anc Period. SUBREC1PIENT shall ensure that hard copies of all reimbursement
requests and supporting documentation will be submitted to the UASI Management Team postmarked no
later than the Reimbursement Claim .Due Date identified in the Subrecipient Award Letter Attachment
A). Etension requests may be granted based on extenuating circumstances beyond the control of the
subrecipient and rust be made via the Performance Period Extension .Request Form (Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must
be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a. prompt and timely manner, financial,
operational and other reports, as requested by the UASI Management Team., in form and substance
satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on
recycled paper and printed on double -sided pages, to the maximum extent possible.
4.2 Notification_of Defaults or Changes in_ Circumstances. SUBRECIPIENT T shall notify the
UASI Management Team and City immediately of (a) any Event of Default or event that, with the
passage of time, would constitute an Event ofDefault; (b) any change of circumstances that would cause
any of the representations or warranties contained in Article 5 to be false or misleading at any time during
the term of this Agreement; and (c) any change of circumstances or events that would cause
SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.
.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
FY 0 I A I— SUBRE II IEI T
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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 a'll invoices, documents, payrolls, time records and other
data related to the matters covered by this .Agreement, whether funded in whole or in part with Grant
Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and
other data required to be maintained under this Section in a readily accessible location and condition for a
period of not less than three years after expiration of this Agreement or until any final audit by Cal
OES has been fully completed, whichever is later,
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the U1SI Management Team,
and to UASI Management Team and City employees and authorized representatives, during regular
business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be
established and maintained by SUBRECIPIENT under Section 4., and allow access and the right to
examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI
Management Tearn and City employees and authorized representatives, to inspect, audit, examine and
make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and
City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to
maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The
DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same
inspection and audit rights as the City and UASI Management Team. SUBREIPIENT shall cooperate
with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more,
SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit
must be performed in accordance with GAO s Governtnent Auditing Standards, and 2 CFR Part 200
Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six
months after the end of SUB.R IPIENT's fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBREIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
.1 No Misstatements. No document furnished or to be furnished by SUBREIPIENT to the UASI
Management Team in connection with this Agreement, any Reimbursement Request or any other
document -relating -to -any ofthe foregoing, contains -or -will -contain -any untrue- statement -of-material-fact.
or omits or will omit a material fact necessary to make the statements contained therein not misleading,
under the circumstances under which any such statement shall have been made.
.2 Eligibility to Receive Federal Funds. By executing this Agreement, SIRIPIENT certifies
that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in
federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and
Suspension" and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 31 U.S.C.. §1352, Limitation on use of appropriated
funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and
CFR Part 9.
FY 20 UAST — SUBRECIPIENT
Page 10 of o September 1, 2020
(c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug free
workplace as required under that Act and implementing regulations.
(d) SUBRECIPIENT T is not delinquent in the repayment of any federal debt. See OMB
Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material
terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT rust meet National
Incident Management System (NIMS") compliance requirements. By executing this Agreement,
SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges ledges that this
certification is a material terra of the Agreement.
ARTICLE
INDEMNIFICATION AND NE AL LIABILITY
.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT's T's performance of this Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; c any personal injury or death caused,
directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss
of or damage to property caused, directly or indirectly, by any act or omission ofSUBRECIPIENT or its
employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT,
or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented
or loaned to UBREIPIETT by an Indemnified Party; f any tax, fee, assessment or other charge for
which SUBRECIPIENT is responsible under Section 1 . ; or (g) any infringement of patent rights,
copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence
of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its
employees or agents to such Indemnified Party in connection with this Agreement. The foregoing
indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and
related costs and San Diego's costs of investigating any claims against San Diego.
42 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges ledges and agrees that its obligation
to defend the Indemnified Parties under Section .1: (a) is an immediate obligation, independent of its
other- l ligaE:i ns-hereunder- b -applies-t ,a y-Loss--whiel -actuall-y.. or -potentially -falls within -the scope -of -
Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be
groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The .Indemnified Party shall give
SUBRECIPIENT T prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if .representation ofsuch
Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of
interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRE IPIENT's
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in
liability with respect thereto.
FY 20 U , I SUBRECIPIENT
Page 11 of 20 September 1, 2020
6.3 Incidental and_Consequential...Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified . Party may have under applicable law with respect to such damages.
.4 LIMITATION ON LIABILITY of SAN DIEGO . IT ' S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
DS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; LEI IES; TERMINATION TI FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False _Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UAS.I Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for a period of ten (10) days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perfornn or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBREIPIENTi 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
o f any -ban ruptc in lv n y-ors other debtors- relief law -of -any.. j uri s dicti on - -iii ni a s-an-ass ignra e nt--
for the benefit ofits creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT's property
or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten 10 days, (i) appointing a custodian,
receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or
(111)ordering the dissolution, winding -up or liquidation of SUBRECIPIENT.
FY 20 UASI — SUBRECIPIENT
Page 12 of 20 September 1, 2020
.2 Remedies upon_Event of Default. Upon and durin.g the continuance of an Event of Default, City
may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this .Agreement shall terms inate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
and approved by the UASI Management Team and by City prior to the date oftermination specified in
such notice.
(b) WithholdinE of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the UASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. uest. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
(c) Return. of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement, together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time
during the term hereof, for convenience and without cause. City shall exercise this option by giving
SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with
diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI
Management Team.
(c) Within 30 days after the specified terrmination. date, SUBRECIPIENT shall submit to the
UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For iuth ri ed-E peas sincurred-after-rTeceipt-of the -notice off'termination ..-City will-only-reimburse----
SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Tear
as specified in subparagraph b.
(d) In no event shall City be liable for costs incurred by SUBREIPIENT 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.
7A Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable laws, rules
and regulations. The remedies contained herein are in addition to all other remedies available to City at
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
FY 20 UASI -- SUBRECIPIENT
Page 13 of 20 September 1, 2020
ARTICLE 8
ASSIGNMENTS
8.1 No AssignmentbySUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights,
duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI
Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the
interest ofSUBRECIPIENT involuntarily r by operation of law without the prior written consent of
City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the
assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Mreem nt M in Violation_of this Article.. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void,
8.3 SUBRECIPIENT Retains Responsibilay. SUBRECIPIENT shall in all events remain liable for
the performance by any contractor, or assignee of all of the covenants, terms and conditions in this
Agreement.
ARTICLE
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be a deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, hand delivered or (c) sent via
facsimile (if a facsimile number is provided below):
If to City of San Diego Officeg Ernei' eney erViees SI Management Team:
San Diego office of Emergency Services
9601..Ridgehaven Court, MS 1101 C
San Diego, CA 92123
Attn: Katherine Jackson, Program Manager
Facsimile No.: (619) 533-6786
1f to- T REe PIENT:
City of National City
343 E. 1th Street
National City, CA 91950
Attn: Walter, Amedee
Facsimile No.: 1 336-4328
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt,
completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized
agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such
confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report
ofthe party giving such notice.
FY 20 UASI - SUBRECIPIENT
Page 14 of 20 September t, 2020
9.3 Change of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes ofthis Article 9 by written notice to the other party and the UASI
Management Team,
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied
from any failure by the UASI Management Team or San Diego to take action on account of such default
if such default persists or is repeated. No express waiver by San Diego shall affect any default other than
the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the
UASI Management Team of any action requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms
be waived, except by written instrument executed and approved in the same manner as this Agreement;
provided, however, that the Program Manager or designee may establish alternate procedures for
modification ofthe Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall
be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue
for all .litigation relative to the formation, interpretation and performance of this Agreement shall be in
San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority, as and when due, any and all taxes, fees, assessments or other governmental
charges, including possessory interest taxes and California sales and use taxes, levied upon or in
connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by
this Agreement.
10,5 Hd-ir. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes -all --'other -oral-or--written provisions - The fo1lowin Appendices-are-attached-to--and-a-part-o f---.._.
this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Performance Period Extension Request
10.7 Certified Resolutton f Signatory Authority. Upon request of San Diego, SUBRECIPIENT
shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and
performance of this Agreement, certified as true, accurate and complete by the appropriate authorized
representative of SUBRECIPIENT.
1 0.8 Sever bilit . 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 0 UASI — SUBRECIPIENT
Page 15 of 20 September 1, 2020
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision
valid and enforceable.
10.9 Successors; No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity (other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein,
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4. , Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do
such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) P.,. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of 2008 P.I . 110-252 , full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA
reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
1.. The Totalcompensation and names of the top five executives if:
a) or more of annual gross revenues are from Federal awards (contracts, subcontracts
and Federal financial assistance), and $25,000,000 or more in annual gross revenues from
Federal awards; and,
b -Compensation--information-. s...not-already-available-through-reporting- to-the-8ec niti s and--.-.- ....--.--
Echange Commission.
10.13 Cooperation with UASI Pro r ,ru _..n
(a) Subject to reasonable terms and conditions, SUBRECIPIENT IPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds.
FY 20 UASI — S BRE IP1E T
Page 16 of 2September 1, 2020
(c) To appropriately recognize the regional collaborative nature of grant funded planning
projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning
process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
NCE
11.1 Types and A nounCoverage. Without limiting SU RECIPIENT's liability pursuant to
Article 6 of this Agreement, SU RECIPI NT shall maintain in force, during the full terra of the
Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits
not less than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability,
Personal Injury, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non -
Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General
Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers,
Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the
Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional R ui x nt Regarding Workers' Compensation. Regarding Workers'
Compensation, SU I ECIPIENT hereby agrees to waive subrogation which any insurer of
SU RECIPIE TT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
ST JB ECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City for all work performed by the SU . ECI.PIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written
notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a
claims -made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period ofthree years beyond the expiration of this Agreement, to the
effect that, should occurrences during th.e Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims -made policies.
FY 20 UASI [RECIPIENT
Page 17 of 20 September 1, 2020
11.6 General Annual Aret__irit/Inclusion o Claims Investiation_r_Lal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
11.7 japse_inlnsuranc; Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT IPIBNT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do
business in the State of California, and that are satisfactory to City, in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of
SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to
complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide
a.11 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 Sell -insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self -
insuring all or part of the insurance requirement in this Article. .However, SUBRECIPIENT shall provide
proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Diego employee working with SUBRECIPIENT, 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
organi ations,_on_therb.asls..-.of thefacto.r_ er ce tion..-o-a-p.e.r .o. 's..rae_e.,_ .I r,_creed.,-rellgion,_nationa1_. _ - ..-... - - - -..
origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status,
marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HI status), or
association with members of such protected classes, or in retaliation for opposition to discrimination
against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges
that it is familiar with the provisions of Section 87100 et seq. and Section 1090 t seq. of the Government
Code of the State of California, and certifies that it does not know of any facts which constitutes a
violation of said provisions and agrees that it will immediately notify City if it becomes aware of any
such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds,
FY 20 LASI SUBRECIPIENT
Page 18 of 20 September 1, 2020
1 .3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs,
services and other activities provided by a public entity to the public, whether directly or through a
grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate
against any person protected under the ADA in connection with all or any portion of the Grant Plan and
shall comply at all times with the provisions of the ADA.
FY UA I — SUBRECIPIENT
Page 19 of 20 September 1, 2020
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein,
CITY OF SAS DIEGO:
CITY
By: By:
MEAN REAL
ITERI!I GRA MANAGER
OFFICE OF EMERGENCY SERVICES
Approved as to Form:
Mara W. Elliott
City Attorney
{
By. OAdt
Deputy City Attorney
FY 20 TJASI — SU BRE IPIE fT
OF NATIONAL CITY:
ALEJANDRA SOTELO-SOLIS
MAYOR
Federal Tax ID #1: 95- 0 07 9
Page 20 of 20 September L 2020
ri,e acy o/
SAN DIEGO)
Office of Homeland Security
May 20, 2021,
Alejandr'a Sotelo-Solis
Mayor
City of National City
1243 National City Blvd
National City, CA 91950
Appendix A SUBRECIPIENT Award Letter
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
OVAL
FY 2020 Homeland Security Grant Program
Grant o -00 5 Cal CABS IDf 073-66000
Sub -recipient Performance Period: September 1. 2020 to December 31, 2022
Sub -recipient:
The San Diego Office of Homeland Security (SD OHS) has approved your 1~ 20 Urban Area Security
Initiative (UASI) award.
All Projects
Project 011 — Goal 1: Training, Exercises and Conferences
Project 024 — Coal 3: Training. Exercises and Conferences
Reimbursement Claim
Amount: Due Date:
S 18,188
3300
00
14.888
December 15, 201/
December 15, 1
2 Training Conduct and Participation funds are limited to approved courses (see Attachment A).
During the application process. the Regional Technology Partnership (RTP) vetted and the Urban Area
Working Group (UAWG) approved your project(s). Throughout the grant cycle, SD OHS will use
performance milestones set in the HSGP application as indicators of performance and this information may
be usedin assessing future competitive grant ap l icati ns, All activities funded with this award must be
completed within the sub -recipient performance period.
You are required to comply with all applicable federal, state, and local environmental and historic
preservation ( HP) ) requirements. Additionally, Aviation/Watercraft requests, projects requiring EHP
review, federal schedule and sole source procurement requests, regardless of dollar- amount, require prior
approval from OHS and the California Governor's Office of Emergency Services (Cal CUES). Sub -recipients
must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for
any related costs under this grant. Sub -recipients are also required to obtain a performance bond prior to the
purchase of any equipment item over $250,000, including any aviation or watercraft financed with
homeland security dollars. Performance bonds must be submitted to your UASI Program Representative no
later than the time of reimbursement.
fi (619) 533-6760
} It`.,,w
FY20 UASI - Subrecipient
A-1 September 1, 2020
May 20, 2021
Page
Following acceptance of this award, you must sign and return the SD OHS Memorandum of Understanding
(MOU) as well as the Cal CUES standard assurances. Once your completed MU and standard assurances
are signed and received by our office, you may request reimbursement of eligible grant expenditures.
Your agency must coordinate with SD OHS to prepare and submit quarterly projections and milestone
reporting via email so that SD OHS can comply with the semi-annual BSI . reporting for the
duration of the grant period or until you complete all activities and the grant is formally closed. Failure
to submit required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current needs,
approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD
OHS within 30 days upon receipt of an invoice from SD OHS.
Your dated signature is required on this letter. Please sign and return the original to your VAS' Program
Representative at 9601 Ridgehaven Court, San Diego CA 2123 within 20 days of receipt and
keep a copy for your files.
For further assistance, please feel free to contact your SD OHS UASI Program Representative at
(619) 533-6758.
Sincerely,
Megan Beall
Interim Program Manager
City of San Diego Office of Homeland Security
Alejandra Sotelo-Solis, Mayor
City of National City
Date
F 20 LJASI - Subrecipient
-2 September f, 2020
Participation Costs
Approved
Feedback # A. graved Training
NATIONAL CITY - FIRE
NATIONAL CITY - POLICE
20-04329
20-04310
TBD
TBD
TBD
Rescue Systems 'l
Confined. Space. Rescue
CATO Conference
National Gang Conference
National Homeland Security Conf
A-
3
$ 3,641.00
2,298.00
2,772.00
8,177.QQ
$
0Q.QO
PErldpatlon Total:
r
939
12,249
Agency Total
National City
oriduot Total:..
Par-t1 ipatlon.Total:
Training Total:
1%188
181188
18,188
Appendix B - HSGP Standard Assurances
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
As the duly authorized representati►e of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
further acknowledge that the Applicant is responsible for reviewing and; adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFC);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the l of o; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (CIFIR.). Updates are issued by the Office of Management and
Budget (OMB) and can be found at htto://www.whitehouse.goviombi.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
Page 1 of 14 Initials
Cal OES
[GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (UISIC4, 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) 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.
If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordin
Page 2 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7 4-73 8) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (cal OES) or the federal awarding agency.
4. Debarment nt 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) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non -Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
Page 3 of 14 initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
for Cal OES Federal Non -Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health. Service Act of 1912 (42 U.S.C. §§ 290 dd •2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the civil Rights Act of 1968 (42 U.S.C. § 3601 et sect.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators) be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) 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;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
Page 4 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
_1T
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19
(1) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in fax supported institutions;
(pi) Any other nondiscrimination provisions in the specific statute (s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug -free workplace and a drug -free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
15000- 15387) ;
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
Page 5 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (EPA) of 1969 (P.LI 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of EPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation ofwetlands;
(i) The Safe Drinking Water Act of 1974, (P.L93523);
(j) The Endangered Species Act of 1973, (P.LI 9 - 05);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(rn)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 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.
Page 6 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency,
the Comptroller General of the United States and, if appropriate, the state, through
any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award. The Applicant will require any
subrecipients, contractors, successors, transferees and assignees to acknowledge
and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.0 §§3729-3733
which sets forth that no subrecipient, recipient, or subrecipient shall submit a false
claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $25,000 or more in federal funds and (b) executive
compensation data for first -tier subawards. This includes the provisions of FFATA,
which includes requirements for executive compensation, and also requirements
implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial
Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Ihistl+blowr Protections
The Applicant also must comply with statutory requirements for whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C.§ 4712, and 10 U.S.C. § 2324, 41 U.S.C.
4304 and § 4310.
Page 7 of 14 Initials
Cal OES
OQVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 10(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: (1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_
Copeland Act (40 U.S.c.§ 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher 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 iII of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally -assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of federal participation in purchase;
(b) comply with flood insurance purchase requirements of Section 102(a) of the_
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients
in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is
10,000 or more;
Page 8 of 14 initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
(c) Assisi the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 1 159 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et
seq.) and
(e) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead -based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications, and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text -based communication. Drivers
are also prohibited from the use of a wireless telephone without hands -free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
Page 9 of 14 initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act
TheApplicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code 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 planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
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.
22. 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.
23. Best Practices for Collection and Use of Personally Identifiable Information (P11)
C HS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. All recipients who collect Pit are required to
have a publically-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. 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.
Page 10 of 14 Initials
Cal OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES,
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
C.F.P. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing
federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
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-129.
28. 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. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.
40118) and the interpretative guidelines issued by the comptroller General of the
United States in the March 31, 1981, amendment to comptroller General Decision B-
138942.
29. 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 in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
Page 11 of 14 Initials
'al OES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
30. 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.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law., recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et 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.
32. 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
communications.
33. Terrorist Financing
All recipients must comply with Executive Order 1 224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government -wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
Page 12 of 14 initial
Cal OES
OOVERNRR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Page 13 of 14 Initials
Cal OES
QQV ERNQR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non -Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants} loans, reimbursement, contracts, etc. 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
Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the
above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the subrecipient may be ineligible for award of any
future grants if the cal OES determines that any of the following has occurred: (1) the
recipient has made false certification, or (2) violates the certification by failing to carry
out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and conditions 2020, Version 10.1, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publicationifyl ov/puk licatic n/fyl -dhs-standard-terms-anl-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and
on behalf of the Applicant.
Subrecipient: City of National City
Signature of Authorized Agent:
Printed dame of Authorized Agent:
Alejandra Sotelo-Solis
Title: Mayor Date: 8/3/ 0 1
Address 1243 National City Boulevard, National City, CA 91950
Telephone (619) 335-4556 Email wamedee@nationalcityca.gov
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