CA Review __AF__
Meeting Date:
To:
From:
Staff Contact:
Subject:
District:
July 19, 2022
Mayor and City Council
Scott Chadwick, City M anager
Jennifer Marinov, Senior Management Analyst
[email protected], 760-457-1214
Fiscal year 2021 U rban Area Security Initiative Grant Program All
Recommended
Action
Adopt a resolution authorizing the City Manager to execute an agreement with the City of San Diego to accept $64,924 in fiscal year 2021 Urban Area Security Initiative grant funds and authorizing the Deputy City Manager of Administrative Services to appropriate funds for program expenses.
Executive Summary/Discussion
The U.S. Department of Homeland Security distributes grant funds to assist state and local, efforts to prevent, protect against, prepare for, mitigate, respond to and recover from acts of terrorism or catastrophic events. The Urban Area Security Initiative is part of the Homeland Security Grant Program. This initiative provides funding to enhance regional terrorism preparedness and capabilities in designated high-threat, high-density urban areas.
San Diego County is designated as such a high-risk urban area. The City of San Diego’s Office of Emergency Services applies for, receives and locally administers grant funds for all public safety agencies in the county. The City of Carlsbad was invited to participate in the fiscal year 2021 security initiative grant program and approved for almost $65,000 in grants for public safety training programs.
The Police Department was approved for $1,454 to attend the following training course:
• Police Sniper Response to a Public Venue
The Fire Department was approved for $63,470 to attend the following training courses:
• Rescue Systems I and II
• Tactical Rope Access Course
• Confined Space Rescue Technician
• Trench Rescue Technician
• Rope Rescue Technician
• Structural Collapse Technician
July 19, 2022
Item #5 Page 1 of 46
Opti
ons
Staff recommend adopting a resolution accepting the grant funds so police and fire employees can attend the specified training courses. The city will receive reimbursement to offset expenses. Without the grant funds, personnel will not attend the training. The city will lose an opportunity for professional development and growth in public safety programs.
Staff identified no drawbacks in accepting the grant funds.
Fiscal Analysis
The Deputy City Manager of Administrative Services will appropriate program funds to the Public Safety Grant Special Revenue Fund. Upon completion of training courses, reimbursement packets will be submitted to the San Diego Office of Emergency Services. Reimbursement payments will be deposited to the special revenue fund to offset training expenditures.
There is no matching fund requirement for the security initiative grant program.
Next Steps
With City Council approval, the City Manager will sign the attached memorandum of understanding and standard assurances and the Deputy City Manager of Administrative Services will appropriate $64,924 to the special revenue fund. Police and fire personnel will attend the specified training courses and will submit reimbursement requests to the San Diego Office of Emergency Services.
Environmental Evaluation
This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065. It has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council resolution
July 19, 2022
Item #5 Page 2 of 46
RESOLUTION NO. 2022-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING FUNDS FOR FISCAL YEAR 2021 URBAN AREA
SECURITY INITIATIVE GRANT PROGRAM, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH CITY OF SAN DIEGO FOR THE
DISTRIBUTION OF 2021 URBAN AREA SECURITY INITIATIVE GRANT FUNDS,
AND AUTHORIZING THE DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES TO APPROPRIATE $64,924 TO THE PUBLIC SAFETY SPECIAL
REVENUE FUND
WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2021 Urban Area Security Initiative Grant Program; and
WHEREAS, the program will provide up to $64,924 for training courses to help Police and Fire departments respond to incidents of terrorism; and
WHEREAS, the City Council of the City of Carlsbad, California desires to authorize the city manager to take all necessary action to accept, appropriate, and expend said grant funds, and to make the findings required by the terms of the grant program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager of the City of Carlsbad is hereby authorized and directed to accept said award from the Urban Area Security Initiative for receipt of the subject grant funds, and to prepare and submit any reports and final statements required by the agreement.
3. That the City Manager, or designee, is authorized to execute the agreement with the City of San Diego for the Distribution of FY 2021 UASI Grant Funds (Attachment A).
4. That the deputy city manager of administrative services is authorized to appropriate $64,924 to the Public Safety Special Revenue Fund for the Fiscal Year 2021 Urban Area Security Initiative Grant Program.
5. That the City Council of the City of Carlsbad hereby provides its written authorization in support of the project and agrees:
a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
Exhibit 1
July 19, 2022 Item #5 Page 3 of 46
b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
d) The official executing this agreement is, in fact, authorized to do so.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of J.!!!y, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta.
None.
Norby.
MATTH�
L � fW FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
July 19, 2022 Item #5 Page 4 of 46
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
CITY OF CARLSBAD
FOR THE DISTRIBUTION OF FY 2021 UASI GRANT FUNDS
THIS AGREEMENT is made this day of 1)\J\.\� Z,"5 , 201,2.m the City and County of San Diego, State ofCalifontia, by and between the ITY Of CARLSBAD ("SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation C'San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the Sllil Diego Office of Emergency Services ("SD OES"), also referred to as the San Diego Office of Emergency Services ("SD OES").
RECITALS
WHEREAS, The United States Department of Homeland Security ("OHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area ("SD U A") 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 ("UA WG"), a collaborative subcommittee established by the San Diego Counly 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 oJthe Approval Authority, directing the work of the UASJ 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 UASJ funds granted by the DHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution ofUASI 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 ofUASI 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 21 UASI - S
l
JBRECIPIENT Pagel of20 September 1, 2021 July 19, 2022 Item #5 Page 5 of 46 Attachment A
ARTICLE 1
DEFINITIONS
l .I Specific Terms. UnJcss the context requires otherwise, the following capitalized terms (whether singular or pltffal) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. ( c) "Event of Default" shall have the meaning set forth in Section 7. l . (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively.
(c) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECJPIENT (UEl#:LR6NGYMWXXJ5) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2021-0081, Cal OBS ID No. 073-66000, CFDA No.
97.067, per Cal OES award notice dated October 27, 2021. (t) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial \1anagement Forms Workbook (FMFW). IfSUBRECIPIENT requests any modification to the Grant Plan, SUBRECJPIENT shall submit a written request to the SD OBS Program :Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, departments including OBS, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits,judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) "Reimbursement Request" shall have the meaning set forth in Section 3.1 O(a).
G) ''Simplified Acquisition Threshold'' means the dollar amount below vvhich a non- Federal entity may purchase property or services using small purchase methods. (k.) "UASI Management Team'' shall mean The SD OES Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (1) "Pass-through entitv" shall mean a non-Federal entity that provides a sub award to a subrecipient to carry out part of a Federal Program.
FY 21 UASI - SUBRECIPIENT Page 2 of20 September I, 2021 July 19, 2022 Item #5 Page 6 of 46
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 tcnns 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 pennitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, infonnation bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bul.letins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPJENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that ifit takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non�allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter:
''No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall ccrtitY 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 21 UASI -SlJBRECJPTENT Page 3 of20 September 1, 2021 July 19, 2022 Item #5 Page 7 of 46
ARTICLE3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1. 2021 and shall end at 11 :59 p.m. San Diego time on MAY 31, 2024.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant funds disbursed hereunder exceed the amount awarded under the SUB RECIPIENT 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 tltls Agreement. SUBREClPTENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECTPIENT shall not permit any federal employee to receive Grant Ftmds.
(b) Modification of Grant Plan. Under Sections 1. l (f) and 10.2 of this Agreement, SUB RECIPIENT may submit a written request to modify the Grant Plan. SUBREClPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBR8CIP1ENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to make any subawards of Grant Funds.
3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply ,vith 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 Cal OES or the Approval Authority. SUBRECI Pl ENT shall require and ensure that all contractors an<l other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, FY 21 UASf -SUBRECIPIENT Pagc4 of20 September 1, 2021 July 19, 2022 Item #5 Page 8 of 46 requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instrnctions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, plamting and monitoring of the Grant Plan and compliance with thls Agreement. SUBREClPIENT 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 UASl 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. SUB RECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list ofregulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:
J. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements.for Federal Awards (formerly 44 CFR Part 13, 0MB Circulars A-21, A-87, A-89, A-102, A-I 10, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, otvIB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OM B Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location-based information (i.e., information ]hiked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency ("FEMA") website.
( c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable.
FY 21 UASI - SUBRECIPIENT Page 5 of20 September 1, 2021 July 19, 2022 Item #5 Page 9 of 46 ( d) SUB RECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.
3.7 Procurement Requirements.
(a) General Requirements. SlJBREClPIENT 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. IfSUBRECTPIENT is using Grant funds to purchase interoperable communication equipment, SUBRECJPIENT shall consult DllS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPLENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds arc wasted because supplies are rendered ineffective due to lack of planning.
( c) Bond Requirement. SUB RECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.&8) or any vehicle, aircraft or watercraft financed with Grant Funds.
(d) Non-Competitive Procurement Requirements. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposaVbid, regardless of dollar amount, this includes sole source procurements.
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UAST Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT sha11 submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.88). (e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization request to the UASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds.
3.8 Contractor Requirements.
(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 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT sha11 obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUB RECIPIENT shall establish procedures for the effective usc of the "Excluded Parties List System," to assure that it docs not provide Grant Fw1ds 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 oftbc non-procurement debannent and suspension common rule.
FY 21 lJASI - SUBRECIPIENT Page 6 of20 September I, 2021 July 19, 2022 Item #5 Page 10 of 46 (b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SVBRECJPIENT complies with the requirements of 44 CFR Part 18, Nev,, Res(ric(ions on lobbying; and
(c) SUBRECIPJENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews ofSUBRECIPIENT's perfonnance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and
4. Confinning compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows:
(a) SUBRECI PIENT 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 \Vith this Agreement and all applicable guidelines and requirements. The UAS] Management Team will retum lo SUBRECIPlENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
FY 21 CASI - SL"13RECIPIENT Page 7 of20 September 1, 2021 July 19, 2022 Item #5 Page 11 of 46 (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 SUBRECIPlENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement. 3 .11 Disallowance. SUB RECIPIENT 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 SUBREClPIENT 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 SUB RECIPIENT' s ob] igation hereunder to refund the remainder of the dis al lowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact El lP 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 UAST Management Team of any project that may require an EIIP 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. SUBR.ECIPIENT shall comply wi!h all conditions placed on the project as the result of lhe EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECI Pl ENT may use Grant funds toward the costs of preparing docwnents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EH P requirements. lf ground disturbing activities occur during project implementation, SUBRECIPIENT shall nolify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECJPIENT shall immediately cease construction in that area and notify tbc UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPJ ENT shall complete its Federal Communication Commission ("FCC") El-IP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that S UBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure ofSUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable pem1its, or comply with any conditions that FY 21 UASI - SLBRECIPIENT Page 8 of20 September 1, 2021 July 19, 2022 Item #5 Page 12 of 46 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 pcrfonnance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act ( 42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).
3 .15 Royalty-Free License. SUBRECJPIENT 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 SUBRECJPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Tcan1 and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPlENT 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 FEivWGPD or the US Department of I I om eland Security."
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Pcrfonnancc Period Extension Request Fonn (Appendix D).
Requests mmt contain specific and compelling justifications as to why an extension is required and must be submitted JO days prior to the current deadline.
ARTICLE4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPJENT 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 UASl 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 Default.'! or Changes in Circumstances. SUB RECIPIENT shall notify the UASI Management Team and City immediately of(a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and ( c) any change of circumstances or events that would cause SUB RECIPIENT to be out of compliance with the Grant Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without FY 21 UASI · SUBRECIPIENT Page 9 of20 September 1, 2021 July 19, 2022 Item #5 Page 13 of 46 limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECJPIENT 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 Government Auditing Standard�, 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 SUBRECIPJENT's fiscal year.
ARTICLES
RF.PRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times through out the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or wi 11 om it a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or othenvise excluded from par ticipation in federal assistance programs, as required by Executive Order 12549 and I 2689, "Dcbannent 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 irifluence.federal contracting and financial transactions, as implemented at 44 CFR Part 1 8 and 6 CFRPart 9.
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(c) SUBRECIPJ ENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 ct seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. ( d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See 0MB Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECJPIENT certifies that it is in full NlMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.
ARTICLE6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Tndemnification. SUBRECIPIENT shall indelllltify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBREC1PlENT; (b) a material breach of any representation or warranty ofSUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission ofSUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPlENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by atl Indenutified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section I 0.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUB RECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego's costs of investigating any claims against San Diego.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and ( c) arises at the time the J ,oss is tendered to SUB RECIPIENT by the Jndemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SlJBRECIP[ENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the lndemnified Party shall have the right to retain its own counsel <1t the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SlJBRECIPIENT 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 SUBRECJPTENT of any liability to such Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBREClPIENT's ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss ifSUBRECJPIENT contends that such Indemnified Party shares in liability with respect thereto.
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6.3 1ncidental 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 tmder applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THlS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED lN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, IN NO EVENT SHALL ClTY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM JS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENT! Al,, INDIRECT OR INCIDENTAL DAMAGES, JNCLLJDI NG LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTlVITlES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REl\llEDIES; TERMINATION FOR CONVENIENCE 7 .1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUB RECIPIENT as and when performance or observance is due and such failure or breach continues for a period often (10) days after the date on wh ich such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPJENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECTPIENT 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 (I 0) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to S UBRECIPIENT 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' reJieflaw of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
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7 .2 Remedies upon Event of Default. Upon and during d1e continuance of an Event of Default, City may do any of the follmving, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights ofSUBRECIPlENT hereunder shall be extinguished. Jn 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 oftennination specified in such notice.
(b) With holding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT bas previously submitted a Reimbursement Request or whether the UA SI Management Team and/or City has approved the disbursement of the Grant Ftmds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
( c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted 1mder 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 tenn hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specif)' the date on which tcnnination 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 minimi7,c the liability of SUBRECIPIENT and City to third parties as a result oftennination. All such actions shall be subject to the prior approval of the UASI Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the VASI Management Team an invoice for all Autl1orized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASJ Management Team as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date specified by City. (e) City's payment obi igation under this Section shall SLtrvive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any otl1cr remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to al I 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.
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ARTICLES
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECJ PIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of !aw without the prior written consent of City. A change of ownership or control ofSUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9 .1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below):
Ifto City of San Diego Office ofEmereency Services UASI Management Team:
San Diego Office of Emergency Services
9601 Ridgehaven Court, MS 110 IC
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
lfto SUBRECIPIENT:
OFFICE City of Carlsbad
ADDRESS 2560 Orion Way
CITY STATE ZIP Carlsbad, CA 92010
ATTN Jennie Marinov
FACSIMlLE (760) 929-0256
9.2 Effective Date. All cormmmications 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 receipL, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of tbc party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic confirmation ofreceipt by a duly authorized agent of the party to whom the notice was sent or, if such confinnation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.
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9 .3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and lhe 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 ,vaiver 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 tenns be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the Program Manager or designee may establish alternate procedures for modification of the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of Cal ifomia, without regard to its conflict of\aws principles. Venue for all litigation relative to the fom1ation, interpretation and performance of this Agreement shall be in San Diego.
10.4 SUBRECJPJENT to Pay All Tax.es. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.
10.5 Headings. All article and section headings and captions contained in thls Agreement are for reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:
• Appendix A, SUB RECIPIENT Award Letter
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Performance Period Extension Request
10. 7 Certified Resolution of Signatorv Authoritv. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate rcsolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.
l 0.8 Severability. Should lhe application of any provision of this Agreement to any particular facts or circumstances be found by a court ofcompetentjurisdiction to be invalid or unenforceable, then (a) the FY 21 UASI SUBRECIPIENT Page 15 of20 September 1, 2021
July 19, 2022 Item #5 Page 19 of 46
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 tcnns 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 ofSUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or tennination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P .L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (0MB), all new Federal awards of $25,000 or more as of October I, 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.
10.13 1. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues arc from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.
Cooperation with UASI Programs and Activities.
(a) Subject to reasonable tenns and conditions, SUBRECIPIENT agrees to participate in VASI-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 21 UASI - SlJ"BRECIPIENT Page 16 of20 September I, 2021 July 19, 2022 Item #5 Page 20 of 46 (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
I J .1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, i:1 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 Reguirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation, SUBREClPlENT hereby agrees to waive subrogation which any insurer of SU BRECIPIENT may acquire from SUBREClPTENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coyerage. Should any of the required insurance be provided under a claims-made fonn, SUBRECIPIENT shall maintain such coverage continuously th roughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.
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11.6 General Annual Aggregate LimiUinclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
11.7 Lapse in insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactol)' evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing al I coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 · Effect of Approval Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECI Pl ENT 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, S lJB REC I Pl ENT 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, privilegeg, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or J-1 IV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement., SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 ct 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. SUB RECIPJ ENT 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.
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12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECJ PIENT 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.
12.4 Compliance with Assemblv Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 - 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency's website.
By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481.
FY 21 lJ AS I - S Ul3RECJPIENT Page 19 of20 September 1, 2021 July 19, 2022 Item #5 Page 23 of 46 fN WITNESS WI lEREOF, the parties hereto have caused this Agreement to be duly executed as oftl1c date first specified herein.
CITY OF SAN DIEGO:
By:
MEGAN BEALL
PROGRAM MANAGER
OFFICE OF EMERGENCY SERVICES
Approved as to Form:
Mara W. Elliott
City Attorney
By: --------------
Deputy City Attorney
C
IPIENTc
By:
/
Federal Tax ID#: 95-6004793
APPROVED AS TO FORM
Celia A. rewer, City Attorney
By: .... · �����:"'::-"ll�rr--
Ci I
FY 21 UASI- SUBRECIPIENT Page 20 of20 September 1, 2021 July 19, 2022 Item #5 Page 24 of 46
Appendix A-SUBRECIPIENT A,,,,ard Letter
SAN Dl�GO)
Office of Emergency Services
April 8, 2022
ScoH Cl.tadwic:k
City Manage.r
City of Carlsbad
1200 Carlsbad Village .Dr
Carlsbad, CA 92008
SUBJECT: NOTfF'lCATION OF SUBRECIPIENT A WARD APPROVAL
FY 2021 l k1mclond Security Grant Progran)
Grant# 2021-0081 Cal Ol:S rD# 073-66000
Subrc.-cipient Performance Period: Sep1euiber I, 2021 to December 3 1, 2023 Suhrecipient:
The S11n Die:go Office of Emergl!m:y Scrviccis (SD OES) has. approved your FY2 I Urban 1\rea Security Initiative (UASl) awnrd.
Activities:
All Pro j ee;ts
Project 003 Law Enforcement l'raining1
Project 0'2 l Goal 3 Trnining, Ex.erci.ses and Conll;:rc11e1il Amount:
$1,454
$63,470
Reimburscmc1tt Clnim
Due Date:
Deetrnber 15. 2023
Dec.:mbef l 5. 2023
1 All Prnject,1 001 thnmgh 011 are National Priority prnjccts. Na1ional Priority F'rojects cannot be modified or change,;! in any way from the appn)\c,d nlloc,1,tion. 0 Training Conduct ,md Participatior.i funds are limited 10 approved coum:s (see At1ach1mt1l A).
During the application prOL:CS'>, the Regional Technulugy l'artmlr,hip (RTP) vetkd and the Urban Area Working Group (UA \VG) appr,wed your project(s). Throughout the gmnt eye.le, SD OES will ttse performance milestones set in the Hom�land Security Graut Progi'am (HSGP) application as indicators of performance and this information may he 1.1scd in assessing future cornpetitive grant applications. AJJ activities fonded with this aw�r<l mu.st be completed within the subrecip[ent peiformance period.
You are required to comply with a.II applicable federal, state, and local environmental and hi�toric preservation (EHP) rcquil'enients. Addi1iom1lly, Aviati(ln/Watercraft rcq,rests, prnjcr.ts requiring EHP rcvi-:w, federal sd1edute and sole �ourcc procurement requests, regartHess uf dollar amount, require prior approval from SD OES aml the California Governor's Office of Emergency Services (Cal OES).
Subrecipienl.s rnnst obtain written approval for these activilies prior ta incurring any costs, in order to be rdinbursed for any related co,ts 11ndc1· !his grant. Suhrecipienls are required to obtain a perfonT!am.:c, houd. �601 �Cdgtl"-�3ven Court, MS 1101C
Ssn Diegc·. CA 92-L 2.3
FY 21 UASI -SUBRECIPIENT A-1 Septemb1;r 1, 2021 July 19, 2022 Item #5 Page 25 of 46 April 8:. 2022
fi.n· any i:quipment item over $250,000 or any vd1idc, ain;n;\11. 1>r watercraft that has been paid with HS(iP funds prior to receiving the final product(s). Performance b011ds must be submitted to your U AST Program Representativi;; no latc:r than the time of reimbursement. Additionally. Cal OES prior apprnval is required for al I H SOP-funded noncom pctitive proctu:ements ()I training. regardless of the do I lar amount, per G �1 i'vl 2O17-01-A.
Follmvlng acceptance of this award, you mLtSt sign and return the SD OES Memorandum of Understanding (MOU) a.swell a!i the Cal OES shmdtt.rd ,usuranecs. Once your completed MOU and standard assurances arc signed and received by our office. you may request. rcimburseme11t ()f eligible grant -expenditures.
Your agency mus1 rnordinate with SD OES to prepare and irnbmil quarterly prl.�j{)cdoos and milestone re-porting via email so that SD OES c-a.11 comply with the semi-annuul BSIR reporting for the dnrntion of the grant period or until ycH1 complete ,ill activities and the grant i� forinaUy closed. failure to submit required reports could resuft i11 g-i•ant reduction, suspension., or terminaticm.
This gr-ant is subject to a II )Jrovisions of 2 CFR Part 200. Any funds received in c.:..:ces,s of crnTent needs, approved amounts, or those found owed as a result of a final review or audit; must be refunded to SD OES within 30 rlays upon receipt of an invoice from S.D OES.
Your dat.r;d signatur� is required 011 this !ettar. Please sign and return the llrigina! to your UASI Progt·am Rcprcscntati vi: at 960 ! R idgehaven Court, San Diego CA 92 l 23 within 20 days of receipt and keep a copy for }'Our ftld.
For further assistance, plea�e feel free to conlact your SD OES UASI Program Representalive at (619) 533-6758.
Siocerdy,
Megan Beall
Program Manager
City of San Diego Office of Emeagency Services
Scott Chadwick, Cir}' MaMger
Cit)' of Carlsbad
FY 2·1 UASI- SUBRECIPIEN
T
Date
A-2 September I, 2021 July 19, 2022 Item #5 Page 26 of 46 Appendix B-HSGP Standard Assurances
Name of Jurisdiction: City of Carlsbad
Name of Authorized Agent: Scott ChadwickAddress: 1200 Carlsbad Village Dr.
City: Carlsbad State: California Zip Code: ___,9'""2'""0'""0""8 ___ _ Telephone Number: 4112-339-2820
Fax Number: 7 6 0-72 0-9461 E-Mail Address: scott. cha d w ick@ca r I sba dca. gov As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelincs.
I f'urther acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
{b) Federal Program Notice of Funding Opportunity (NOFO); (c) federal Prepare<lness Grants Manual;
(d) California Supplement to the NOfO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http://www. w hitehouse.gov/om b/.
Significant state and federal grant award requirements (some of which appear in the documents listed abo\'e) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant v..ill obtain written authorization 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 .:ity council, governing board, or authorized body;and
(d) The official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The Applicant will initiate work after approval of the a\'.'ard and complete all work within the period of performance specified in the grant.
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3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection \\'1th this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
( c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F .R. § 200.213 and codified in 2 C.F .R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings \.vith 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 ftaud 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 tltls application had one or more public transaction (federal, state, or local) terminated for cause or default.
FY 21 UASJ - SUBRECIPIE:"-l"T B-4 September I, 2021 &oJ Initial�£_ July 19, 2022 Item #5 Page 28 of 46 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 wil I comply with all federal statutes relating to non-discrimination. These include, but are not limited to, the following:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 lJ.S.C. § 2000d ct. 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 ba<;is of sex in any federally fLmded 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, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(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 Vll1 of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common usc 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 ofrace, 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; U) California Public Contract Code§ I 0295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained 1n 6 C.F.R. Part 19;
{I) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.
In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FE! IA 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, FY 21 UASI - SLBRECIPIENT B-5 September 1, 2021 A-.Ll
Initial� July 19, 2022 Item #5 Page 29 of 46
marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code§§ I 2940, 12945, 12945 .2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
TI1e Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code§§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
{e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; {g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a mrumer that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wet) ands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); G) The Endangered Species Act of 1973, (PL 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 ct seq.); (m) 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: I) 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) dete1mined to be in violation of federal law relating to air or water pollution.
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be perfonned 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 subrecipicnts, 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 employees from using their positions for a pw-pose 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.C §§ 3729-3733 which sets forth that no sub recipient, 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 FWlding 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 FF ATA, 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. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistle blower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. H11man Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which proltlbits grant award recipients or a subrecipient from: (I) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a} The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
FY 21 UASI - SUBRECIPJENT B-7 September I, 2021 ;j /'J
Initial� July 19, 2022 Item #5 Page 31 of 46
(b} The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (Il--IE), 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 perfonnance of the work of this Agreement, as per the workers compensation la,vs 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 'A-'ill:
(a) Comply with the requirements of Titles ll and lll 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 offed era! participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c)
(d) Assist the awarding agency in assuring compliance with Section 106 of the (e) National Historic Preservation Act of 1966, as amended (16 lJ.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (f) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which proltlbits 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 infonnation as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. 'J'hese 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.
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20. California Public Records Act and Freedom ot· Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom ofinfonnation 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 msGPl -PROGRAM SPECIFIC ASSURANCES t CERTIFICATIONS
21. Reporting Accusations and Findings of Discrimination If dwing the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proce�dings, pending or completed. im:luding outcome and copies of settlement agreements to the OHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.
In the courts or administrative agencies make a finding of discrimination on grounds ofrace, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enforcement of these obligations.
22. 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.
23. Acthities 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 appropriak licenses, permits, or approvals are obtained.
24. Best Practices for Collection and Use of Personally Identifiable Information (PIT) DI IS defmes personally identifiable infonnation (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any infonnation that is linked or linkable to that individual. A II recipients who collectPJI
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 OHS Privacy Impact Asi.essments: Privacy Guidance and Privacy template a useful resource respectively.
25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Govcmment sponsorship (including the award number) to any work first produced under federal financial assistance awards.
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26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome 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.
27. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments.
See 0MB Circular A-129.
29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates Lmder 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.
30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded 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.
31. Nonwsupplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
32. Patents and Intellectual Property Rights
Unless otherwise provided by Jaw, 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 arc subject to the specific requirements governing the development, reporting, and disposition ofrights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
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34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and orgm1izations associated with terrorism.
Recipients arc legally responsible to ensure compliance with the Order and laws.
35. 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 Perfornrnnce 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.
36. USA Patriot Act of2001
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-l 75c.
37. Use ofDHS Seal, Logo, and Flags
All recipients must obtain pennission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of1lags or likenesses of Coast Guard officials.
FY 21 UASI · SUBRECIPIENT B-11 September 1, 2021 L./>
Initiaf:(:� July 19, 2022 Item #5 Page 35 of 46
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 fmancial assistance will be extended based on the representations made in this assurance. Th.is assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply vvith 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 scrntiny 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 delennines 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 llomeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
htt s://www.dhs. ov/ ublication/f 15-dhs-:standard-terms-and-conditions.
The undersigned represents that he/�e is authorized to enter into this agreement for and on behalf of the Applicant.
'---.. j Subrecipient: City of Carlsbad · �
Signature of Authorized Agent: _____ {.,...f"--w��! _______________ _,_.... � Printed Name of AuthorizedAgent: __ S_c_o_t_t_C_h_a_d_w_ic_k _____________ _ Title: __ C_i_tyc_M_a_n_a-=g'-e_r _______________ Datc:
FY 21 UASI - SLJBRECIPIENT B-12
z��L.22
September I, 2021 AiJ
Initiate� July 19, 2022 Item #5 Page 36 of 46
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
COV{"r Sheet (Invoice)
Office of Emergency Services
FY21 Urban Area S{"CUlify Initiative Grant Program
Award #2021-0081
CalOES ID #073-66000 CFDA #97.067
Reimbursement R('quest (Invoice)#
MailReimbursemmt Request To: Ditte:
. City of San Diego Agency: -----------
· Office of Emergency Services
1Attn: Grants Management Section
9601 Ridgehaven Ct, MS t101C
San Diego, CA 92123
Expenditun• Period:
Tvpe ofExpeoditu!'e
Equipment
T1·aining
Planning
Org:miziition
Exercise
Total
Unique Entity ID (UEI): -----------
--------------------
Project# Reimburse1unt Requested
s -
For questioDs regarding tbis 1�imbursement request contact Phone
Email
Remittance Address (Address check ·will b{> mailed to)
FY 21 CASI - SUBRECIPIE}-"T C-1 September 1, 2021
July 19, 2022 Item #5 Page 37 of 46
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
City of San Diego Office of EmergenC)' Services
FY21 Urban A1·ea Security Initiafin Granr
Grant: FY21 UASI Graot #2021�0081
CalOES #073-66000 CFDA #97.067
Supporting fofonuarioo for Cash Request
Cash Request # through ----------- -----------
Cash R�uest Amount _____ _
Cndcr Penalty of Pcrjury 1 certify that
(P•rlo=:u,re Period St.ut Dat•)
Unique Entity ID {UEI)#
(Perloruanr• Period End lnte)
The total amount of funds requested pursua,:it to this Reimbursement Request will be used to reimburse Sv-nRECIPlEi\1 for Authorized R-1:p-=:litm:es, which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all �equired documentation of such expenditures.
After giving dfect to the disbursement re.quested pmsuant to this Reimbursement Request, the Funds disbursed as of the date of this disburs=ent,.ill not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and µrograms,
The representations, warranties .uJd certifications made in the Agreement Me true. and correct in all ma!eru!1 respects � if made on the date ha-eof, and SUBRECIPIEN-Y is in compliance with all Grnnt Assurances in ApPendix B of the Ag reement
Fulhennore, by signing this report; Sl:�RECIPIE'/',1 certifies to the best of their knowledge and belief that the report is true, complete and accurate and �p�ditures, disbmsements, and cash receipts are for the purpose and objectives set forth in the teml.S and conditions of the federal awar-d. St"BRECIPIE!\-Y is aware that any false, fictitious orfraude!entiofom1atioo or the. omission of any material fact. may subject SUBRECIPIENT to criminal cilil or adminlstrati\•e penalties for fraud, raise statements, false claims .or otherwise.
No E.,.ent or Defuult bas occurred and is continuing
The undersigned is. an. officer ofSUBRECIPIE1'-Y authorized to execute this Rdmbursement Reque.st on behalf of Si.mRECIPIENT.
P1inted Name:
:\failing Address:
Remittance Address:
Signature
:\fail Rellllbursewent Request To:
City of San Diego Office of Emergency Sers:ices
Grants Management Section
1601 Ridg�haven Ct, MS llOlC
San Diego, CA 92123
FY 21 UASI - SUBRECIPIENT
Pbon� Number: -----------
:Em ill Address: -----------
Date: -----------
C-2 September I, 202 I
July 19, 2022 Item #5 Page 38 of 46
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Ollice-of li:mer:;!eucy Seh'icl.'.�
F\'21 ll1•ban Ana Stcurity haitf�ti'\·e Ct.a.nf Pro�r-am Trajninf/Es:etcis-t Co.in: Di:t.:,'il ,vu..-k�ht-t:t
.Tw;hdiction: ___________________ _
Gr�n!: fill UASI Granl #202.1,0081
CJolOF.S #07J-66000 CFl>A N97.067
i
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FY 21 UASl - SUBRECIPIE:-lT C-3 September I, 2021
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01 July 19, 2022 Item #5 Page 39 of 46
Appendix C -- Form of Reimbursement Request
Grant: F\'21 UASI Gl";'lll.l i12021°tlOSl
C11JOES �01.l-66ij00 r.{J)� !:'.SJ7.D67
I 'C.sb)wq-,iutd-
ProJc<;t
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FY 21 VAST - SUBRECIPIENT
REIMBURSEMENT REQUEST
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f\'ll Crt:i.m Atta Scruri�· tnUffl.w Grat 1'rov,am
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c�':olf:!; thi, Hc,url:,113i:fwt Tola! Project
R.epo,licg
Ralc lf.0'.11:'1'
Pt'nad
September 1, 2021
2----=--
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I
July 19, 2022 Item #5 Page 40 of 46
Appendix C -- Form of Reimbursement Request
Gu11it! F'i'll UAS'I G1u1f �•2tilMJ0SI
(;11101':S #111.�--ii-tiflOlJ C't-"n"' #117.Din
hojJ &lployftS11.1,.; -
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FY 21 UASI - SUBREClPlENT
'
REIMBURSEMENT REQUEST
f\"21 tl1t.,� ""'" Stt111rlly lnttunc- Gr:rat Proa,'.11111 PEUO�L
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July 19, 2022 Item #5 Page 41 of 46
Date- I
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_LUDCh
nm..�
S...ck
r.,.
Total �!NJ,
ClSA J'er Oiea, � .t luc 1:.'Ul. M=
luimbur..able Meat .\aa1M-•I
LodoillA P•id WLl<liilll "''°' au,! f••· I
GSA -PorOiem Lod.riofJ<ll<h•riin, rue,& fee)
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FY 21 UASI - SUBRECIPIENT
I
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Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
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September 1, 2021
July 19, 2022 Item #5 Page 42 of 46
Proj
GRANT:
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
CASH REQUEST INVOICE DITAIL BREAKDOWN
---------------m II rs □1 cn ON: ---------------
Vendor Invoice# Invoice •Date
TOTALAEL
, TOTA1.AE[
TOTALAEt
_ ;TOTALAEL
TOTALAEL
TOTALA£1.
TOTAL
AEL# Cost
$
CASH REQUEST II
Freight Tax Rate Tax Amt
' ,-
$ $ $
----
Claim
Total Cost Disallowed Amou�t
',, • I •
I'
$
TOTAL CLAIM $
Comment
July 19,
2022 Item #5 Page 43 of 46
APPENDIX D - PERFORMANCE PERIOD EXTENSION REQUEST
City of San Diego Office of Emcrgen cy Services
PERFORMANCE PERIOD EXTENSION REQUEST
SubrecipientNmne: ___________________________ _
UASIFY: __________________________ _
Project:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Period Deadline:
Requested New Performance Period Deadline (final reimbursement claim due on this date):
l. Describe the details of the project:
2. What is the current .status of the project?
3. Please provide a timeline as to how you will meet the new requested date:
4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?
5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?
6. List and describe all equipment with costs and AEL #s:
Equipment & Description
PROJECT A:
TOTAL
PROJECT B:
TOTAL
FY 21 UASI - SUBRECIPIBNT 0-1
Cost AEL
number
September I, 2021
July 19, 2022 Item #5 Page 44 of 46
APPENDIX D - PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT D:
TOTAL
PROJECTE:
TOTAL
PROJECT G:
TOTAL
All Investments TOTAL
FY 21 UASI - SUBRECIPIENT D-2 September 1, 2021
July 19, 2022 Item #5 Page 45 of 46
The City of
SAN
DIEGO_)
Office of Emergency Senrices
Signature Authorization Form
FY 2021 Homeland Security Grant Programs
Jurisdiction: ____ C_ity.,...._o_f_C_ar_l_sb_a_d ______ _ Date Signe d: l / ;).S-(c>?-:
The below named personnel are authorized to sign for the following Homeland Security Grant Programs: Urban Area Security initiative (UJ\SI).
NAME TELEPHONE E-MAIL ADDRESS
(TYPED/PRINTED) SIGNATURE NUMBER
Michael Calderwood � /�� f"">
442-339-2141 [email protected]
Mickey Williams �//-,--f: ,;-./i2_,; 442-339-2197 m ickcy. williams@carlsbad ca. gov Ibis form supersede aQers for above indicated jurisdiction. Requests for rcim bursemenl signed by staff not identified in this form will not be processed.
Scott Chadwick
Authorized Agent Prin te Name and Signature
442-339-2820
Phone No.
Mail fonn to City of San Diego, Office of Emergency Services, 9601 Ridgehaven Ct, MS l 101C, San Diego, CA 92123 Or Email to [email protected]
July 19, 2022Item #5 Page 46 of 46