CA Review __AF__
Meeting Date: March 7, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Amanda Baker, Management Analyst
[email protected], 442-339-5054
Subject: Urban Area Security Initiative Grant for SWAT Training
District: All
Recommended Action
Adopt a resolution authorizing the City Manager to amend an agreement with the City of San Diego to receive an additional $40,000 in 2021 Urban Area Security Initiative Grant Funds and authorize the Deputy City Manager of Administrative Services to appropriate $40,000 to the Public Safety Grant Special Revenue Fund.
Executive Summary
The City Council’s approval is required for the city to accept an additional $40,000 federal homeland security grant that will allow Police Department personnel assigned to SWAT to attend specialized training in clearing close quarter areas in the event of a crisis. The training is intended to help standardize how regional police agencies with SWAT teams respond to such events.
This U.S. Department of Homeland Security grant comes through the Urban Area Security Initiative, which provides funding to enhance regional terrorism preparedness and capabilities in designated high-threat, high-density urban areas, such as San Diego County.
Explanation & Analysis
The City of San Diego’s Office of Emergency Services applies for, receives, and locally administers grant funds to all public safety agencies in San Diego County. The City of Carlsbad was awarded almost $65,000 in grants for public safety training programs in the last fiscal year. (Exhibit 2).
The Carlsbad Police Department was awarded an additional $40,000 in October 2022 to allow personnel assigned to SWAT to attend a baseline close quarters clearance course. To accept this grant, the city must approve a subaward amendment to the agreement it approved when it accepted the previous grants.
This grant is available because, during the application process for the Urban Area Security Initiative grants, the Chula Vista Police Department applied to have regional funds distributed March 7, 2023
Item #1 Page 1 of 38
to law enforcement agencies in the county that have SWAT teams so that they could all take part in this close quarters clearing training. The goal is to ensure all of the region’s SWAT teams are uniformly trained. Since agencies frequently need to work together, it is important that they have understanding and confidence in each other’s tactics and capabilities. All of the agencies have been approved for this funding.
The close quarters clearing training will be tailored to prepare personnel to deal with threats specific to terrorism and events vulnerable to terrorist threats, in keeping with the goals of the Urban Area Security Initiative Grant Program. The training will be geared toward protecting soft targets, defeating hardened positions and responding to other incidents likely to warrant a tactical response, all while integrating with neighboring agencies. Such incidents include active shooter attacks, school assaults, mass casualty events and hostage rescue scenarios.
While much of the training will focus on tactical skills and techniques, it will also help develop our personnel so that they can then construct and deliver training to the rest of the department as well as to the community at large. The course will be used to create future lesson plans and instructional materials designed to improve Carlsbad’s ability to respond, mitigate and recover from a critical incident. The close quarters clearing course will further enhance the instructor- officers’ capabilities and credibility as they continue to provide training to other departments within the city, the four unified school districts, and to community members through projects such as the Citizens Police Academy, Public Safety Open House and Parent University.
Fiscal Analysis
No matching funds are required for the security initiative grant program.
Next Steps
The City Manager will accept the grant funds, sign the grant subaward amendment, and the Deputy City Manager of Administrative Services or designee will appropriate $40,000 to the Public Safety Grants Special Revenue Fund. Police personnel will attend the specified training course and will submit reimbursement requests to the San Diego Office of Emergency Services.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
2. FY 2021 UASI Grant Agreement
March 7, 2023
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RESOLUTION NO. 2023-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ADDITIONAL FUNDS FOR FISCAL YEAR 2021
URBAN AREA SECURITY INITIATIVE GRANT PROGRAM, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO FOR THE DISTRIBUTION OF ADDITIONAL 2021 URBAN AREA SECURITY
INITIATIVE GRANT FUNDS, AND AUTHORIZING THE DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES TO APPROPRIATE AN ADDITIONAL $40,000
TO THE PUBLIC SAFETY SPECIAL REVENUE FUND
WHEREAS, the City Council of the City of Carlsbad, California has determined that the City of Carlsbad was invited to participate in the Fiscal Year 2021 Urban Area Security Grant Program; and WHEREAS, the program will provide up to $40,000 in additional funds for training courses to help the Police department 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 the additional funding, appropriate, and expend said additional 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 additional award from the Urban Area Security Initiative for receipt of the subject additional 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 Subaward Amendment (Attachment A).
4. That the City Manager, or designee, is authorized to accept additional funding from the FY 2021 Urban Area Security Initiate Grant Program if awarded.
5. That the Deputy City Manager of Administrative Services is authorized to appropriate $40,000 to the Public Safety Special Revenue Fund for Fiscal Year 2021 Urban Area Security Initiative Grant Program.
Exhibit 1
March 7, 2023 Item #1 Page 3 of 38
6. 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;
b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing body, 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 7th day of March, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
&Y l / SHERRY FREISINGER, City Clerk
T
u
- (SEAL)
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Attachment A
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City of San Diego Office of Homeland Security
tHtii@ilid!fiiid•iiMl@ibMia - i..::8:..-..:.1 .:::8....:-2:.:2:...._ ___ _J111[.,,iifl1I:1llil~•11•1~1n11,'fll11,11l1-F-Y_2_1 _u_A_S_I --- Federal Grant# 2021-0081 CalOES# 073-66000 Amendment# 1 ---- Project# 003 UEI # LR6NGYMWXXJ5 Final Claim Due Date 1213112023 ----
This amendment is between the City of San Diego Office of Homeland Security, hearafter called OHS, and the Grant Su brecipient : City of Carlsbad
Increase Project 003 - Law Enforcement Training - $40,000. The new project 003 total is $40,000.
Subrecipient (Certification and Signature of Authorized Agent) Date
Title
Address
Mail Original Signed form to OHS: 9601 Ridgehaven Court, M 1101C, San Diego, CA 92123 For OHS use only
I hearb y certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the enditure stated above
Exhibit 2
March 7, 2023
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AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
CITY OF CARLSBA D
FOR THE DISTRIBUTION OF FY 2021 UASI GRANT FUNDS
THIS AGREEMENT is made this day of Qci-ohe,r '3. , 20t-2-in the City and County of San Diego, State of California , by and between the QITY OF CARLSBAD ("SUBREC IPIENT ") and the CITY OF SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below , acting by and through the San Diego Office of Emergency Serv ices ("SD OES"), also referred to as the San Diego Office of Emergency Services ("SD OES").
RECITALS
WHEREAS , The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis ofrelative risk of terrorism, the San Diego Urban Area ("SDUA") was estab lished for the purpose of app lication for and allocation and distribution of federa l 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 County Unified Disaster Council, was established as the Approva l Authority for the SDUA, to provide overall governance of the home land securi ty grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives , and to ensure comp liance with all UASI program requirements; and
WHEREAS , The City of San Diego Office of Emergency Services ("SD OES"), as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator , and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and perfonning other duties as determined and directed by the Approval Authority , and
WHEREAS , San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Eme rgency Serv ices ("Ca l OES ") to the SDUA , with responsibility to estab lish 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 estab lish procedure s and provide all financial services for distribution ofUASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation deci sions by the Approva l Authority , the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBREC IPIENT on the terms and conditions set forth herein;
NOW, THEREFORE , in cons ideration 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 2 1 UASI - SUBRECIPIE NT Page I of20 September l , 202 1 March 7, 2023
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ARTICLE 1
DEFINITIO NS
1.1 Specific Terms. Unl ess the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below :
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disabi lity rights legislation, as the same may be amended, modified or supp lemented from time to time. (b) "Authorized Expenditures" shall mean expend itur es for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) "Event of Default " shall have the meaning set forth in Section 7.1. (d) "Fiscal Quarter" shall mean each period of three calendar months commencing on Jul y 1, October l, January I , and April I, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #:LR6NGYMWXXJ5) under this Agreement. This Agreement shall specifica lly cover funds allocated or disbursed from Cal OES Grant No. 2021-0081, Cal OES ID No. 073-66000, CFDA No.
97.067, per Cal OES award notice dated October 27, 202 1. (f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financ ial Management Forms Workbook (FMFW). IfSUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall subm it a written request to the SD OES Program Manager with the follo wing inf01mation: Scope of change requested, reason for change , propo sed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessa1y approvals in support of change ( e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, departments includin g OES, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) a ll 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 prosecut ing or defe ndin g a ny Loss desc ribed above) whether or not such Loss be founded or unfou nded, of whatsoever kind and nature. (i) "Reimbursement Request" shall have the meaning set forth in Section 3.I0(a).
G) "Simplified Acquisition Threshold" means the dollar amount below which a non- Federal entity may purchase property or services using small purchase methods . (k) "UASI Management Team" shall mean The SD OES Program Manager, Progra m Coordin ator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (l) "Pass-through entity" 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 1, 2021
March 7, 2023
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1.2 Additional Terms. The terms "as directed, " " as required " or "as permitted" and similar terms shall refer to the direction , requirement , or permission of City. The terms "suffic ient," "necessar y" or "proper " and similar terms shall mean suffic ient, necessary or proper in the sole judgment of City. The terms "approval ," "acceptab le" or "sat isfactory " or similar terms shall mean approved by, or acceptab le or satisfactory to, City. The terms " include," " included" or "including " and similar terms shall be deemed to be followed by the words "without limitat ion." The use of the term "subcontractor ," "successor " or "assign " herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.
1.3 References to this 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 artic les, sect ions or subsect ions of or appendices to this Agreement , unless otherw ise express ly stated. Terms such as "hereunder ," "herein " or "hereto" refer to this Agreement as a who le.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute , regulation, executive order, requirement , policy, guide, gu ideline, information bulletin , or instruction shall mean that statute , regulation , executive order , requirement, policy, guide , guideline, informa tion bulletin, or instruction as is current ly in effect and as may be amended, modified or supplemented from time to time.
ARTICLE2
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 guidel ines, including OHS and Cal OES requirements, guidelines , infonnation bulletins, and instructions , the decision -making of the Cal OES and the Approval Authority , the terms and conditions of the grant award; the approved applicat ion , and to the extent applicab le the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocat e 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 Autho rity. Further , SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disbur se grant funds to SUB RECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUB RECIPIENT acknowledge s and agrees that if it takes any action, informal or formal , to appropriate , encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority , and before this Agreement is fully and finally executed , it assumes all risk of possible non-a llocation or non-reimbursement of funds , and such acknowledgement and agreement is part of the consideration of this Agreem ent.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authoriz ation certified by the San Diego Chief Financial Office r 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 fund s shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that ther e has been made an appropriation to cover the expenditure and that there remains a suffic ient balanc e to meet the demand thereof." FY 2 1 UASI - SUBRECIPIENT Page 3 of20 September I, 2021 March 7, 2023
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ARTICLE3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement sha ll 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 SUBRECIPIENT A ward letter (Append ix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically tran sfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursem ent 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 Requir ement s. SUB RECIPIENT shall use the Grant Funds receiv ed under this Agreement for the purpo ses 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 matchin g funds for other federal grants/cooperative agreements, lobbyin g or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.l(f) and 10.2 ofthis Agreement , SUBRECIPIENT may submit a written reque st to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approva l Authority and/or Cal OES , as determined by the SD OES Program Manager, SUB REC IPIENT shall not app ropriate, encumber or expe nd any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBREC IPIE NT shall use Grant Funds to supple ment existing funds , and not repla ce (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPI ENT must expend Grant Funds in a timely manner consistent with the grant milesto nes, guidance and assurances; and make satisfacto ry progress toward the goals, objectives , mi lestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass-thro ugh entity and is not autho rized to make any subawards of Grant Funds .
3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall compl y with all Grant Assurances included in Appendix B, attac hed hereto and incorporated by reference as though fully set forth herein. (b) In addition to comp lying with all Grant Assurances , SUBREC IPIENT shall comply with all applicable statutes , regulation s, executive orders, requirements, policies , guides , guideline s, informati on bulletins, Cal OES gran t mana gement memos , and instruction s; the terms and conditions of the grant award; the approved application, and any conditions impo sed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensu re that all contractors and other entities r ece iving Grant Funds from SUBRECIPIENT compl y with all applicable statutes, regulations , executive order s, FY 21 UASl - SUBREC TPTENT Page 4 of20 September 1, 2021 March 7, 2023
Item #1 Page 10 of 38
requirements, policies, guides, gu ideline s, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditi ons imposed by Cal OES or the Approval Autho rity.
(c) SUBRECIPIENT sha ll promptly comply with all standards, spec ifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to eva luation, planning and monitoring of the Grant Plan and comp liance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection , planning or mon itoring activitie s conducted or autho rized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring complia nce with non-supplanting requ irements, upon request by City or the UAS I Management Team, SUB RECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for r easons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requ irements. SUBRECIPIENT shall establish and maintain administrative , programmatic and financial management systems and records in accordance with federal and State of California requirements. This prov ision requires, at a minimum, that SU B RECIPIENT compl y w ith the following non-exclusive list of regulations commonly applicab le to DHS grants, as app licab le to this Agreement and the Grant Plan :
3.6 (a) Adm inistrative Requirements:
I. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles , and Audit Requirements for Federal Awards (forme rly 44 CFR Part 13, 0MB Circular s A-21, A-87, A-89, A- 102, A-110 , A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrativ e 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- 110, A-122, and A-133);
2. Federa l Acqu isition Regulations (FAR) , Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requ irements:
I . 2 CFR Pmt 200 Subpart F - Uniform Administrativ e Requirements, Cost Principles , and Audit Requirements for Federal Awards (former ly 44 CFR Part 13, 0MB Circu lars A-21, A-87, A-89, A-102 , A-110, A-122, and A-133).
Technology Requiremen ts.
(a) Nationa l Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specificat ions and guidelines regarding the use of Extensib le Markup Language ("XML") for all awards of Grant Funds .
(b) Geospatial Guidance . SUBRECIPIENT is encouraged to use Geospatia l techno logies , which can captu re, store, analyze, transm it and/or disp lay location-based infonnation (i.e., information linked to a latitude and longitude), and to align any geospat ial activities with the guidance avail able on the Federa l Emergency Management Agency ("FEMA ") website. (c) Crimina l Jntelligence Systems Operating Policie s. Any infonnation techno logy system funded or supported by Grant Funds shall comp ly wit h 28 CFR Part 23, Criminal Intelligence Syste ms Operating Policies, if app licable.
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( d) S UBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementin g the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to supp01t operational CCTV systems.
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions. (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326. (b) Specific Purchases. If S UBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enJ1ance interoperable communication.
If SUB RECIPIENT 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, sustaimnent costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.88) 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 proposal/bid, regardless of dollar amount, this includes sole source procurements.
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (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 Contract or 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. SUB RECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the "Exc luded Parties List System," to assure that it does not provide Grant Funds to excluded parties.
SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.
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(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Gra nt Funds from SUBRECIPIENT compl ies with the requirements of 44 CFR Pait 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBREC JPIENT complies with the requireme nts of2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both author ized to perform periodic monitoring reviews of SUBREC IPIE NT's perfo1mance under this Agreement, to ensure that the Grant Plan goals, object ives, performance requirements , timelines , milestone completion, budgets and other criteria are being met. Prograinmatic monitoring may include the Regional Federal Preparednes s Coord inators, or other federal or state personne l, when appropriate. Monitor ing may involve a combinat ion of desk-based reviews and on-site monitoring visits, inspection ofrecords , and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmati c, performance and administrat ive issues relative to each program and will identify areas where technical assistance and other support may be needed. The review s may include , but are not limited to:
I. Evaluating eligibility of expenditures;
2. Comparing actua l gra nt activities to those approved by the Approval Authority and spec ified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in acco rdance with app licab le guidelines; and
4. Confinning comp liance with : Grant Assura nces; information provided on performance reports and payment requests; and needs and threat assess ments and strategies.
(b) SUB REC IPIE NT is responsible for monitoring and aud iting the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requ irement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review , the DHS or Cal OES makes findin gs that require a Corrective Action Plan by SUBREC IPIENT, the City shal l place a hold on all Reimbursement Requests from SUBREC IPIENT unti l the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUB REC IPIENT as follows:
(a) SUBREC IPIENT shall submit to the UASI Management Team, in the manner speci fied for notices pursuant to Article 9, a documen t ("Reimbursement Request") substant ially in the form attached as Append ix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team sha ll serve as the primary contact for SUB RECIPIENT regarding any Reim bursement Request.
(b) The UASI Management Team will review all Reimbur sement Requests for compliance with thi s Agreement and all applicabl e g uidelines and requir ements. The UAS I Management Team will return to SUB RECIPIENT any Reimbur sement Reques t that is subm itted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
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(d) If a rejection relates only to a portion of the expendit ures itemized in any Reimburs ement Request , City shall have no obligation to disburse any Gra nt Funds for any other expenditures itemized in such Reimbur sement Reque st unless and until SUBRECIPIEN T submits a Reimbursement Reque st that is in all respects acceptable to the UAS I Manageme nt Team. (e) If SUBRECIPIENT is not in compl iance with any provision ofthis Agreement , City may withho ld disbursement of Grant Funds until SUB RECIPIENT has taken coITective action and cu rrently complies with all terms and condit ions of the Agreement.
3. 11 Disallowance. SUBRECIP IENT agrees that if it claims or receives reimbur semen t from City for an expend iture that is later disallowed by the State of Californ ia or the federa l government, SUB RECIPIENT shall promptly refund the disallowed amou nt to City upon City's written request. At its option , City may offset all or any port ion of the disallowed amou nt agai nst any other paymen t due to SUBREC IPIENT hereunder or under any other Agreement with SUBREC IPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIP IENT from SUBRECIPIENT's obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that conta in continu ing personne l and operati ng expenses, over and above planning and implementation costs, must be susta ined once the Grant Funding ends. If Equipm ent is purcha sed with grant funds the equipment must be sustained through the useful life of equipment. By exec uting this Agree ment, SUBRECIPIENT acknowledges its responsibi lity and agrees to susta in continuing programs beyond the Grant Funding period. SUBREC IPIENT acknowledges and agrees that this susta inability requireme nt is a material term of the Agreement.
3. I 3 EHP Requirements.
(a) Gra nt Funded projects must comp ly with th e federa l Environmental and Historic Preservation ("EHP") program. SUBRECIP IENT shall not initiate any project with the potential to impact env ironmenta l or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Example s of projects that may impact EHP resources include: commun icatio ns towers, physical secur ity enhancements, new constructio n, and modifications to bui ldings, structures and objects that are 50 years old or greater . SUBRECIPIENT shall notify the UASI Management Team of any project that may requ ire an EHP review. SUBRECIPIENT agrees to provide deta iled project information to FEMA, Cal OES and/or the UAS I Management Team , to cooperate fully in the review, and to prepare any documents requested for the review. SUBREC IPIENT shall comply with all cond itions placed on the project as the result of the EHP review, and implement any treatme nt or mitigation measure s deemed necessary to address potential adverse impact s. With prior approva l of the UAS I Management Team, SUBREC IPIENT may use Gran t Fund s toward the costs of preparing docu ments and/or imp lementing treatment or mitigation measures . Any change to the approved project scope of work will requ ire re-evaluat ion for comp liance with EHP requirements. If ground disturbin g activities occur durin g proj ect implementation , SUBRECIPIENT shall notify the UAS I Manage ment Team and ensure monitoring of ground disturbance. If any potentia l archeologica l resou rces are discove red, SUBRECIPIENT shall immediate ly cease construction in that area and notify the UASI Managemen t Team, which will notify the ap propriate State Historic Preservation Office. If SUB REC IPIENT is using Grant Funds for a communication tower project, SUBRECI PIENT shall complete its Federa l Comm unication Commission (" FCC") EHP proces s before prepa ring its Cal OES/FEMA EHP mater ials, and shall include the FCC EHP materia ls in the Cal OES/FEMA submiss ion. (b) Any construction or other project that SUBREC IPIENT initiates witho ut the necessar y EHP review and approva l will not be eligib le for reimbursement. Failu re ofSUBREC IPIENT to meet federa l, State , and local EHP requirements , obtain applicab le permits , or comply with any conditions that FY 2 1 UASI - SUBRECI.PIENT Page 8 of20 September 1, 202 1 March 7, 2023
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may be placed on the project as the resu lt ofFEMA' 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 . SUBRECIPIE NT shall comply with the followin g requirements:
(a) Grant Funds may not be used in contravention of the Federal build ings perfo rmance and reportin g requirements of Executive Order 13123, part 3 of Title V of the National Energy Conserva tion Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of2005; and (b) Grant Fund s may not be used in contravent ion of Section 303 of the Energy Poli cy Act of 1992 (42 USC §13212).
3 .15 Royalty-Free License. S UBRECIPIE NT unders tands and agrees that FEMA reserv es a royalty free, non-exc lusive and irrevocable license to reproduce, publi sh or otherwi se use, and authorize others to use, for federal gove rnment purposes: (a) the copyright in any work develo ped using Grant Funds; and (b) any rights of copyright that SUBRECIP I ENT purcha ses or acquires using Grant Funds. SUBREC IPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchas ed with, Grant Funds .
3.16 Publication Statements. SUBRECIPIENT shall ensu re that all publications created or deve loped under this Agreement prominentl y contain the followin g statemen t: "This docum ent was prepared under a grant from the Federal Emer gency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Departm ent of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represe nt the offic ial position or policies of FEMA /GPD or the US Department of Homeland Security."
3.17 Performance Period. SUBREC IPIENT shall ensure that hard copie s of all reimbursement requests and supporting docum entation will be submitt ed to the UASI Management Team postmarked no later than the Reimbur sement Claim Due Date identified in the Subrecipi ent A ward Letter (Attachment A). Extension requests may be granted based on exte nuatin g circumstances beyond the control of the subrecipient and must be made via the Performanc e Period Extension Request Form (Appendix D).
Request s must contain specific and compelling justifications as to why a n extension is required and must be submitted 30 days prior to the c urrent deadline.
ARTICLE4
REPORTING REQUIREMENTS; AUDITS
4.1 Regu lar Reports. SU BRECIPIE NT shall prov ide, in a prompt and timely manner, financ ial, operational and other repo rts, as requested by the UASI Management Team , in fonn and substance satisfa ctory to the UASI Management Team. Such repo1ts, includi ng any cop ies, shall be submit ted on recycle d paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Mana gement Team and City immedi ately 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 mislead ing at any time during the term of this Agreement; and (c) any change of circumstances or even ts that wo uld cause SUB RECIPIENT to be out of com pliance with the Grant Assurances in Append ix B.
4.3 Books and Records. SUBREC IPlENT shall esta blish and maintain accurate fi les and records of all aspects of the Grant Plan and the matte rs funded in who le or in part with Grant Funds. Without FY 21 UASJ - SUBRECJPTENT Page 9 of20 September I, 2021 March 7, 2023
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limitin g the scope of the fore going, SUBREC IPIENT shall establi sh and maintain accurate financial books and accounting records relating to Authori zed Expend itures and to Grant Funds received and expended under this Agreement , together with all invoices, documents , payro lls, time records and other data relat ed to the matters covered by this Agreement, whether funded in whole or in part with Gran t Funds. SUBRECIPIENT shall maintain all of the files , record s, 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 afte r expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUB RECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives , during regular business hour s, all of the files, records, books, invoice s, document s, payrolls and other data required to be estab lished and maintained by SUBREC IPIE NT under Sect ion 4.3, and allow access and the right to exam ine those items . SUBRECIPIENT shall permit the UAS I Management Team and City, and UASI Management Team and City employee s and author ized repre sentatives , 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 A11icle 4. The OHS , the Comptroller General of the United States or designee , and Cal OES shall have the same inspection and audit rights as the City and UAS I Manag ement Team. SUBRECIPIENT 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 financia l and comp liance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Admin istrative Requirements, Cost Principles , and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit repot1 to the UASI Manageme nt Team no later than six months after the end of SUB RECIPIENT' s fisca l year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represe nts and warrants each of the following as of the date of this Agreement and at all tim es throughout the term of this Agreement:
5.1 No Misstatements. No document furni shed or to be furni shed by SUBRECIPIENT to the UASI Manag ement Team in connection with this Agreement , any Reimbur sement Request or any other document relat ing to any of the foregoing , contains or will contain any untrue statement of material fact or omits or will om it a material fact nece ssary to make the state ments contained therein not misleading , under the circumstances under which any such statemen t shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreemen t, SUBREC IPIENT certifies that it is eligible to receive federal funds, and specifically ce11ifies as follows:
(a) SUBREC lPIENT is not suspended, deba rred or otherw ise excluded from participation in federa l assistance programs , as required by Executive Order 12549 and 12689, " Debarment and Suspension" and implemented at 2 CFR Part 3000.
(b) SUB RECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFRPart 9.
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(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988 , as amended, 41 U.S.C. §70 1 et seq., as implem ented in 2 CFR Part 3001, and will continue to provide a drug-free workp lace as requ ired under that Act and implementin g regu lations. (d) SUBRECJPIENT is not delinquent in the repayment of any federal debt. See 0MB Circu lar A-129.
SUB RECIPIENT acknowledges that these ce11ification s of eligibility to receive federal funds are material terms of the Agreement.
5.3 NIMS Comp liance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incid ent Management System ("N IMS") compliance requirements. By execu ting this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUB RECIPIENT acknow ledges that this certification is a mater ial term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnificat ion. SUBRECIPIENT shall indemnify, protect , defend and hold harmless each of the Indemnified Parties from and against any and all Losses aris ing from, in connection with or caused by SUBRECIPIENT's performanc e of this Agreement, includ ing, but not limited to, the follow ing: (a) a materia l breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECTPIENT contained in this Agreement; (c) any personal injur y or death caused, directly or indirectly, by any act or omission ofSUBRECIPIENT or its employees or agents; (d) any loss of or dama ge to property caused, direct ly or indirectly , by any act or omis sion of SUBRECIP IENT or its employees or agents ; (e) the use, misu se or failure of any equipment or facility used by SUB RECIPIENT , or by any of its employees or agents, regardl ess of whether such equipment or fac ility is furnished , rented or loaned to SUB RECIPIENT by an Indemnified Party; (t) any tax, fee, assessment or other charg e for which SU BRECIPIENT is respon sible unde r Section 10.4; or (g) any infringement of patent rights, copyright , trade secret or any other proprietary right or trademark of any perso n or entity in consequence of the use by any Indemnifi ed Party of any goods or services furn ished by SUBREC IPIENT or its employee s or agents to such Ind emnified Party in connection with th is Agreement. The foregoing indemnity shall include , without limita tion, reasonab le fees of attorne ys, 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. SUB REC IPIENT acknow ledges and agrees that its obligation to defend the Indemnified Partie s under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunde r; (b) applies to any Loss which actually or potentially falls w ithin the scope of Section 6.1, regard less of w hether the allegations asserted in connection with such Loss are or may be groundl ess, false or fraudulent; and (c) arises at the time the Loss is tende red to SUBRECIPIENT by the Ind emnified Party and continues at all times thereafter. The Indemnified Pai1y shall give SUB REC IPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided. howeve r, that the Indem nified Party shall have the right to retain its own counsel at the expense of SUB RECIPIENT if repre sentation of such Indemnified Party by the counsel retain ed by SUBRECIPIENT would be inapprop riate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBREC JPIENT promptly of any Loss shall not re lieve SUBRECIPIENT of any liab ility to such Indemnified Party pursuant to Sect ion 6.1 , unless such failure mate rially impairs SUBRECI PIENT's ability to defend such Loss. SUBRECIP IENT shall seek the Indemnifi ed Party 's prior written consent to sett le or compromise any Loss if SUB RECIPI ENT con tends that such Indemnified Party shares i n liabi lity with respect thereto.
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6.3 Incidental and Consequential Damages. Losses covered under this A1ticle 6 shall include any and all incidenta l and consequential damages resulting in whole or in part from SUBRECIP IENT's acts or omissio ns. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CON TRA CT OR TORT, FOR ANY SPECIAL,
CONSEQUENT IAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS ,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Defau lt" 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 UAS I Management Team or to City under this Agreement is found by the UAS I Management Team or by City to be false or mislead ing.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when perfonnance or observance is due and such failure or breach continues for a period often (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency . SUBREC IPI ENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filin g against it of, a petition for relief or reorgani zation or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvenc y or other debtors' rel ief law of any jurisdiction , (ii i) makes an assignment for the benefit of its cred itors, (iv) consents to the appointment of a custodian, receiver , trustee or other office r with similar powers ofSUBRECIPIENT or of any substa ntial part ofSU BRECIPlENT' s property or ( v) takes action for the purpose of any of the foregoing. (e) Involuntary Inso lvency. Without consent by SUBREC IPI ENT, a court or governme nt authority ente rs an order , and such order is not vacated within ten (10) days, (i) appointing a custod ian, receiver , trustee or other officer with similar powe rs with respect to SUB RECIPIE NT or with respect to any subs tantial part ofSUBREC IPIENT's prope1ty , (ii) const itutin g an order for reliefor approving a petition for relief or reorganiz ation or arrangement or any other petition in bankruptcy or for liquid ation or to take adva ntage of any bankruptcy , insolvency or other debtors' relief law of any jurisdiction or (iii) orde ring the dissolution, winding-up or liquidation ofSUBRECIPIENT.
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7 .2 Remedies upon Event of Default. Upon and during the continuan ce of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice , this Agreement shall termina te and all rights of SUB RECIPIENT hereunder shall be extingui shed. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of term ination specified in such notice .
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbur sed hereunder, regardl ess of whether SUBRECfPIENT has previously submitte d a Reimbursement Reque st or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default sha ll be disbursed without intere st.
(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 disbursem ent at the maximum rate permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the tenn hereof, for convenience and without cause. City shall exercise this option by giving SUBREClPIENT written notice of termination. The notice shall specify the date on which termination shall become effect ive.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUB RECIPIENT to effect the termination of this Agreement on the date spec ified by City and to minimize the liability ofSUBREC IPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UAS I Management Team.
(c) Within 30 days afte r the spec ified termination date, SUBREC lPlENT shall submit to the UASI Management Team an invoice for all Authorized Expe nses incurred through the tennination date.
For A uthorized Expenses incurred after receipt of the notice oftennination, City will only reimburse SUBREC IPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subpara graph (b ).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date speci fied by City. (e) City's payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy availab le hereunder or unde r applicable laws , ru les and regulations. The remedie s contained herein are in addition to all other remedie s avai lable 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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ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcont ract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASl Management Team. This Agreeme nt shall not, nor shall any interest herein, be assignable as to the interest of SUB RECIPIENT invo luntari ly or by operation of law without the prior written consent of City. A change of ownership or contro l of SUB REC IPIENT or a sale or transfe r of substantially all of the assets ofSUBRECIP IENT shall be deemed an assignme nt 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 shal l automatically be null and void.
8.3 SUBRECIPIENT Retains Respons ibility. SUBREC IPIENT shall in all events remain liable for the performance by any contractor , or assignee of all of the covenants, terms and condit ions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherw ise specifica lly provided herein , all notices , consents , directions , approva ls, instructions, requests and othe r commun ications 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 of Emergency Services UASI Management Team:
San Diego Office of Emergency Services
960 I Ridgehaven Court , MS 1101 C
San Diego , CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
lfto SUBREC IPIENT:
OFFICE City of Carlsbad
ADDRESS 2560 Orion Way
CITY, STATE, ZIP Carlsbad, CA 92010
ATTN Jennie Marinov
FACSIMILE (760) 929-0256
9.2 Effective Date. All communications sent in accordanc e with Section 9.1 shall become effectiv e on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt , comp leted by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimi le, the date of telephon ic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmat ion is not reasonab ly pract icab le, the date indicated in the facsimil e machin e tran smission report of the party giving such notic e.
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9.3 Change of Address. From time to tim e any party hereto may designate a new address or recipient for notice for purposes of this A1ticle 9 by written notice to the other party and the UASI Management Team.
ARTICLE 10
MISCELLANEOUS
I 0.1 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 repe ated . No express waiver by San Diego shall affect any default other than the default spec ified in the waiver and shall be operative only for the time and to the exte nt therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or conditio n. The consent or approval by the UASI Management Team of any action requiring further consent or approval shal l not be deemed to waive or render unnecessary the consent or approval to or of any subseq uent similar act.
I 0.2 Modification. This Agreement may not be modifi ed, nor may compliance with any of its tenns be waive d, except by written instrumen t executed and approved in the same manner as this Agreement; provided , however , that the Program Manager or designee may estab lish alternate procedures for modification of the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and perfo rmanc e of this Agreement shall be gove rned by the laws of the State of California, w ithout regard to its conflict of laws principles. Venue for all litigation relative to the fonnation, interpre tation and performance of this Agreement shall be in San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governme ntal authority , as and when due, any and all taxes, fees, assessments or other governme ntal charges, includ ing 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 contemp lated by this Agreement.
10.5 Headings. All article and sect ion headings and capt ions contained in this Agreement are for reference only and shall not be considered in construi ng this Agreement.
10.6 Entire Agreement. Thi s Agreement sets forth the entire Agreem ent betwee n the part ies, and supersedes all other oral or written provisions. The following Appendices are attached to and a pa1t of this Agreement:
• Appendix A, SUBREC IPIENT Award Letter
• Appendix B, Grant Assurance s
• Appendix C, Form of Reimbursement Reque st
• Appendix D, Performanc e Period Exte nsion Request
10.7 Certified Resolution of Signatory Authority. Upon reque st of San Diego , SUB RECIPIENT sha ll deliv er to San Diego a copy of the corporate resolution(s) author izing the execut ion, delivery and performanc e of this Agreement, certified as true, accu rate and compl ete by the appropriate authorized repre sentative of SUB RECIP IENT.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competen t jurisdiction to be invalid or unenforceabl e, then (a) the FY 21 UASI - SUBRECTPTENT Page 15 of20 Septembe r I , 202 1 March 7, 2023
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validity ofot her 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 pa1iies and shall be reform ed without fu1iher action by the parties to the extent necessary to make such provision valid and enforceab le.
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement , whether express or implied , shall be construed to give any person or entity ( other than the parties hereto and their respective successors and assigns and , in the case of Article 6, the Indemnified Paiiie s) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provi sions contained herein.
10.10 Survival of Terms. The obligations of SUB RECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances . From and after the date of this Agreement , S UBRECIP I ENT agrees to do such things, perform such acts , and make, exec ute, acknowledge and deliver such documents as may be reasonably neces sary or prope r and usual to complete the transactions contemp lated by th is 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 Fund ing 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, 20 I 0, are subject to FF ATA reportin g 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 infonn atio n on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.
10.13 1. The Total compensation and names of the top five exec utives if:
a) 80% or more of annual gross revenues are from Federal awards ( contracts , sub-contracts and Federal financial assistance) , and $25,000 ,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available thro ugh repo1iing to the Secu rities and Exchange Commission.
Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions , SUBRECIP IENT agrees to participate in UASI -sponsored exercise s, and to make avai lable equipment acquired with Grant Funds for use as part of such exercises.
(b) To the extent perm itted by law, SUBRECIPIENT agree s to share with the Approval Author ity infonnational work product s (such as plans, reports , data , etc.) created or acquired using Grant Funds.
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(c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or paiticipated in the plannin g process shall be properly and clearly acknowledge d in the final deliverable.
ARTICLE 11
INSURANCE
11 .1 Types and Amounts of Coverage. Without limitin g SUBRECIPIENT's liability pur suant to Art icle 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' Compensat ion, i:i statutory amounts, with Emp loyer s' Liability Limits not less than $1,000 ,000 each accident, injury, or illness; and (b) Commercial General Liabi lity Insurance with limits not less than $ 1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, includin g Contractual Liability, Personal Injury , Products and Completed Operations; and (c) Commercial Automobi le Liability Insuranc e with limits not less than $1 ,000,000 each occurrence Combined Single Limit for Bodily Injury and Prop erty Damage, including Owned, Non Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liabil ity Insuranc e poli cies must be endorsed to provid e:
(a) Name as Additional Insured the City and County of San Diego , its Officers, Agents, and Employ ees.
(b) That suc h policies are primary insurance to any other insurance availab le to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance app lies separa tely to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation, SUBRECIPIENT hereby agrees to waive subrogat ion which any insurer of SUB REC IPIENT may acq uire from SUB RECIPIENT by virtue of the payment of any loss.
SUBREC IPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subro gation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUB RECIPIENT, its employees, agents and subcontracto rs.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days ' advance written notice to the City of reduction or nomenewa l of coverages or cance llation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Com muni cations .
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made fonn, SUBREC IPIENT shall maintain such coverage continuously thro ughout the term of this Agreement and , without lapse, for a period of three years beyond the exp iration of this Agreement, to the effect that, should occ urrences during the Agreement term give rise to claims made after exp iration of the Agre ement , such claims shall be covered by such claims -made policies.
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11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Shoul d any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims invest igation or legal defe nse costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occu rrence or claims limits specifie d above.
11.7 Lapse in Insurance. Shou ld any required insurance lapse during the te1m of this Agree ment, requests for reimbu rsement orig inating afte r such lapse may not be processed , in the City's sole discretion , until the City receives satisfactory evidence of reinstated coverage as required by this Agreement , effect ive as of the lapse date. If insura nce is not reinstated, the City may, at its sole option, term inate this Agreement effect ive on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commenc ing any operations o r expending any Grant Funds under this Agreement, SVBRECIPIENT shall furn ish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparab le to A-, VIII or higher, that are authorized to do business in the State of California , and that are satisfacto ry to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall consti tute a mate rial breach of this Agreement.
11.9 Effect of Approval. Approval of the insura nce by City shall not relieve or decrease the liabil ity of SUBRECIPIENT hereu nder.
11.10 Insurance for Subcont ractors and Evidence of this Insurance. If a subcon tractor wi ll be used to comp lete any port ion of this Agreement , SUBREC IPIENT shall ens ure that the subcontracto r shall provide all necessary insurance and shall name the City and County of San Diego, its officers , agen ts and employees and the SUBREC IPIENT as additional insureds.
11.1 1 Author ity to Self-Insure. Noth ing in this Agreemen t shall preclude SUBRECIP IENT from self insuring all or part of the insurance requirement in this Article. However, SUBREC IPIEN T 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. l Nondiscrimination. In the performance of this Agreement , SUB RECIPIENT agrees not to discrim inate against any employee, San Diego employee working with SUBREC IPIENT, applicant for employment with SUBREC IPIE NT, or against any person seeki ng accommodations , advantages, faci lities, privileges, services, or membership in all business , soc ial, or othe r estab lishments or organizat ions, on the basis of the fact or percept ion ofa person ' s race, color, creed, religion , national origin, ancestry , age, height, weight, sex, sexua l orientation, gender identity, domestic partner status, marital status, disab ility or Acquired Immu ne Deficiency Syndrome or HIV status (A IDS/HIV status), or association with members of such protected classes, or in retaliation for oppos ition to discrimi nation against such classes.
12.2 Conflict of Interest. Through its exec ution of this Agreement , SUB RECIPIENT acknowledges that it is fam iliar with the prov isions of Section 87 I 00 et seq. and Sect ion I 090 et seq. of the Government Code of the State of Californi a, and certifies that it does not know of any facts which constitutes a vio lation of said provisions and agrees that it will immediately not ify City if it becomes aware of any such fact during the term of thi s Agreement. SUBREC IPIENT agree s that it will promptly notify City in writing of all violat ions of State or Federa l criminal law involving fraud , bribery, or gratu ities affecting or involving the use of Grant Funds.
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12.3 Compliance with ADA. SUBREC IPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public , whet her directly or through a grantee or contractor , must be accessib le to the disab led public . SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Gran t Plan and shall comply at all times with the provisions of the ADA.
12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481) , codified in California Government Code sections 7070 - 7075, requires law enforceme nt age ncies to obtain approval of the applicab le gove rning body (Mayor, City Counci l, Board of Supervisors, etc.) by adoption of a m ilitary equipment use policy , prior to acq uiring, seeking funding for, continuing to use, or collaborat ing with another law enforcement age ncy in the use of military equipment, as defined. AB-48 1 also requ ires public ation of a militar y equipment use procedure and the annual militar y equipment report on the Agency 's website.
By accepting grant funds, SUBREC IPIENT acknow ledges and certifies compl iance with AB-48 1.
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IN WITNESS WHEREO F, the parties hereto have caused this Agreement to be duly executed as of the date first specified here in.
CITY OF SAN DIEGO:
By:
~~ PROGRAM MAN ~
OFFICE OF EMERGENCY SER VICES
Approved as to Form:
Mara W. Elliott
City Attorney
By: ~
~
FY 21 UASI - SUBRECIPIENT
Federa l Tax ID #: 95-6004793
APPROVED AS TO FORM
Celia A. rewer, City Attorney
By:.,.· ~~~~~~"'.Tj~
Ci ,
September I, 202 1
March 7, 2023
Item #1 Page 26 of 38
Appendix A- SUBRECIPIENT Award Letter
sAJl DIEGO~
Office of Emergency Services
April 8, 2022
Scutt Chadw ick
City Manager
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA 9200 8
SUBJECT: NOTIFICATION OF SU8REClP1ENT AWA RD APPROVAL
FY 2021 I lomcland Security Grant Program
Grant # 202 1-0081 Cal OES ID# 073 -66000
Subrecipient Performance Period: September I. 202 1 to December 3 1, 2023 Subrec ipient:
The San Diego Office of Emergency Services (SD OES) has approved your FY2 I Urban Area Security Initiative (UAS!) award .
Activities:
Al.I Projects
Project 003 Law Enforcement Training'
Project 02 1 Goal 3 Training. Exercises and Cunferences2 Amount:
S 64,924
$ 1,45-1
£ 63.470
Reimbursement Claim
Due Date:
December 15. 2023
December 15. 2023
1 All Projects 001 throL1gh 0 11 are National Priority projects. National Priority Projects cannot be modified or changed in any way from the approved allocation.
' Training Conduct and Participation funds are limited to approved cou rses (sec Attachment A).
During the application process, the Regional Techno logy Partnership (RTP) vetted and the Urban Area Working Group (UA WG) approved your proj ect(s). Throughout the grant cycle, SD OES will use performance milestones set in the Homeland Security Grant Program (HSGP) app licat ion as indicators of performance and this in formation may be used in assessing future competitive grant app lications. All activities funded with this award must be completed within the subrec ipient pe1for111ance period.
You are required to comply with all applicab le federal. state, and local environmenta l and historic preservation (El-IP) requirements. Additionally, A viation/Watcreraft request~, projects requiring EHP review, federal schedule and so le source procurement requests. regardless of dollar amount. require prior approval from SD OES and the California Governo r's Office of Emergency Services (Cal OES).
Subrecipients must obtain written approval for these activities prior to incurring any costs, in order to be reimbursed for any related costs under this grani. Subrecipients are required to obtain a pcrfonnance bond 9601 Ridgehaven Cour t. MS 1 l 01C
Sa11 Diego, CA 92i23
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April 8, 2022
for any equipment item over $250,000 or any vchidc, ain:n1ft, ur watercraft that has been paid with HSGP funds prior to receiving the final product(s). IJerforrnance bonds must be submitted to your UASf Program Representative no later than the time of reimbursement. Additionally. Cal OES prior approval is required for all HSGP-funded 11011co111pctitive procurements of training, regardless of the dollar amount, per GMM 20[ 7-01-A.
Following acceptance of this award, you must sign and return the SD OES Memorandum ofUndt:rstanding (MOU) as well as the Cal OES standard assurances. Once your completed MOU and standard assurances are signed and received by our office. you may request reimbursement of eligible grant expenditures.
Your agency must coo rdi nate with S D OES to prepare and submit qua,lerly projections and milestone reporting via ema il so that SD OES can comp ly wit h the se mi-ann ual BSTR report ing for the duration of the grant period or until you complete all activities and the grant is formally closed. Failure to submit required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of ClllTent needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD OES within 30 days upon receipt of an invoice from SD OES.
Your dated signature is required on this letter. Please sign and return the original to yo ur Ut\S I Program Rep rese ntative at 9601 Ridge haven Cour t, San Diego CA 92123 within 20 days of receipt and keep a copy for your fi les.
F'or runher assistance, please feel free to contact your SD OES UASI Pro gram Repres en ta tive at (619) 533-6758.
Sincerely,
Megan Beall
Program Manager
City of San Diego Office o f Emergency Serv ices
Scott Chadwick, City i\fanager
City or Carlsbad
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Appendix B-HSGP Standard Assurances
Name of Jurisdiction: City of Carlsbad
Name of Authorized Agent: Scott ChadwickA.ddress: 1200 Carlsbad Village Dr.
City: Carlsbad State: Cal ifornia Zip Code: ~9~2~0~0~8 ___ _ Telephone Number: 442-339-2820
Fax Number: 760-720-9461 E-Mail Address : [email protected] 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, manag erial 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 desc ribed in this application , within prescr ibed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) App licab le Federal Regulation s (see below);
(b) Federa l Progra m Notice of Funding Opportunity (NOFO); (c) Federa l Preparedne ss Grants Manua l;
(ct) California Supp lement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requ iremen ts 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 .whitehouse.gov/omb/.
Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city counc il, govern ing board, or authorized body in suppo1t of this project. This written authorization must specify that the Applicant and the city council , gove rning 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 thi s agreement shall be the responsib ility of the Applicant and the city council, govern ing board , or author ized body ; (c) Grant funds shall not be used to supplant expenditures contro lled by the city council, governing board , or authorized body;and
(d) The officia l executing this agreement is, in fact, autho rized to do so.
Thi s Proof of Authority must be maintained on file and readily availab le upon request.
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performanc e spec ified in the gran t.
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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 ente ring into a contract , grant , loan, or cooperat ive agreement from an agency or requests or rece ives from an agency a comm itment providing for the United States to insure or guarantee a loan, the Applicant cert ifies 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 Memb er 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, cont inuation, renewal , amendm ent, or modification of any federal contract, grant, loan, or cooperative agree ment.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with this federa l contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL , "Disclosure Form to Report Lobbying" , in accordance with its instruction s.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract s, 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 activ ities of emp loyees whose principal employment activities are funded in who le or in part with federal funds.
Finall y, the Appli cant agrees that federal funds w ill not be used, directly or indirectly, to support the enactment , repeal , modification or adopt ion of any law, regu lation or policy without the express written approva l from the California Governor 's Offic e 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 debarr ing or suspendin g those persons deemed in-esponsible in their dealing s with the federal gove rnment. The Applicant certifies that it and its princip als, recipients, or subrec ipients:
(a) Are not presentl y debarred , suspended, proposed for debarment, decla red ineligible , or voluntarily exc luded from covered transactions by a ny federal department or agency; (b) Have not within a three-yea r period preceding this application been convicted of or had a civil j udgment rendered against them for commi ssion of fraud or a crimina l offense in connection with obtaining, attempting to obta in, or perform ing a public (federal , state , or local) transaction or contract under a public tran saction; violation of federal or state antitrus t statutes or commission of embe zzlement, theft, forgery , bribery, falsificat ion or destruc tion of records , makin g false stateme nts, or receiving stolen prope,ty; (c) Are not presently indicted for or otherw ise criminally or civilly charged by a gove rnmenta l entity (federa l, state, or local) with commi ssion of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preced ing this app lication had one or more public transactio n (federal, state, or loca l) terminated for cause or default.
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Where the Applicant is unab le to certify to any of the statements in this ce1tification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comp ly with all federal stat utes relating to non-di scrimination. The se include, but are not limited to, the following:
(a) Title VI of the Civil Right s Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrim ination on the bas is of race, color, or national origin and requires that recipients of federa l finan cia l assistance take reasonab le steps to provide meaningful access to persons with limited English profic iency (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 prohibit s discrimination on the basis of sex in any federally fund ed ed ucational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination aga inst those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibit s discr imination on the basis of disabi lity and requires build ings and structures be accessible to those with disab ilities 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 o n the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd- 2), relating to confidentiality of patient records regardin g s ubstance abuse treatment ; (g) Title VIII of the Civi l Rights Act of 1968 (42 U.S.C. § 360 1 et seq.) , relating to nondiscriminat ion in the sale, renta l or financing of housing as implemented by the Department of Hous ing and Urban Developm ent at 24 C.F.R. Part 100. The proh ibition on disabilit y discrimination includ es the requirement that new multifamil y housing with four or more dwell ing units- i.e., the public and common use areas and individu al apartment units (all units in buildings with elevators and gro und-floor units in buildings without elevators)- be designed and constructed with certain accessib le features (See 24 C.F.R. § 100.201 ); (h) Exec utive Order 11246, wh ich prohibit s federal contractors and federally assisted constructi on contractors and subcontractors, who do over$ 10,000 in Government business in one year from discriminating in employment deci sions on the basis of race, color , religion, sex, sexual orientation, gender ident ification or national origin; (i) Executive Order 11375, which bans discrimination on the basis ofrace, color, religion , sex, sexual orientation, gender identification, or national orig in in hirin g and employment in both the United States federal workforce and on the part of government contractor s; U) California Public Contract Code § 10295.3, which prohibits disc rimination based on domest ic partnerships and those in same sex marriages;
(k) DHS policy to ensure the eq ual treatment of faith-based organizations, unde r which all applicants and recipients must comply with equal treatment policies and requ ireme nts contained in 6 C.F .R. Part l 9;
(I) Any other nondiscrimination prov isions in the specific statute(s) under which application for federal assistance is being made ; and
(m) The require ments of any other nondiscrimination statute(s ) which may apply to the applica tion .
In addition to the items listed in (a) through (m), the Applicant will comply w ith Cal ifornia 's Fair Emplo yment and Housing Act (FEHA) . FEHA prohibits harassment and discrimin ation in employmen t because of ancestry, familial status, race, color, relig ious creed (inc luding religiou s dress and groom ing practi ces) , sex (which includes pregnancy , childbir th, breastfeed ing and medica l condi tions related to pregna ncy, childbirth or breastfeeding), gende r, gender identity , gender expression , sexua l orientation , FY 2 1 UAS I - SUBREC IPIE NT B-5 September I, 2021 ~
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marital status, national origin, ancestry, mental and physical disabil ity, genet ic informati on, medical condition, age, pregnancy , denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940 , 12945 , 12945.2) , military and veteran status, and/or retaliation for protesting illega l discrimination related to one of these categories , or for reporting patient abuse in tax supported institution s.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 70 1 et seq.), the Appl icant cert ifies that it will maintain a drug-free workp lace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards , which may be prescribed pursuant to the followin g, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code§§ 2 1000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regu lations, Title 14, Division 6, Cha pter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which estab lishes the basic structur e for regulating discharges of pollutants into the waters of the United States and regulating quality standard s for surface waters ;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regu lates a ir em issions from stationary and mobile sources;
(e) Institution of environmenta l quality control measures under the Nationa l Environmental Policy Act (NEPA) of 1969 (P.L. 9 1-190); the Counci l on Environmental Qual ity Regulations fo r Implementin g the Procedura l Provi sions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federa l actions on minor ity and low-income populations wit h the goal of achieving environmental protection for all communi ties; (f) Evaluation of flood hazards in floodp lains in acco rdance 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 contra cts for the procurement of goods, materia ls, or services and each federa l agency empowered to extend federal assistance by way of grant, loan, or contract shall undertak e such procurement and assistance activities in a manner that will result in effective enfo rcement of the Clean Air Act and the Federal Water Pollut ion Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); U) The Endangered Spec ies Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state managem ent program deve loped under the Coasta l Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (I) Conform ity of Federal Act ions to State (Clear Air) Impl ementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq .) related to protecting compone nts or potential compo nents of the nationa l wild and scenic rivers syste m.
The Applicant shall not be: 1) in violatio n of any order or reso lution promu lgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist orde r purs uant to § 13301 of the Californ ia Water Code for violation of waste dischar ge requirements or d ischarge prohibition s; or 3) determined to be in violation of federal law relating to air or water pollution.
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8. Audits
For subrecipient s expending $750,00 0 or more in federal grant funds annually, the Applicant will cause to be performed the requ ired financia l and compliance aud its in accordance with the Single Aud it 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 Comptro ller General of the United States and, if appro priate, the state, through any authorized represe ntative, access to and the right to exam ine all records, books , papers , or documents related to the award . The Applicant will require any subrecip ients, contractors, successors, transferees and assignees to acknowledge and agree to com ply with this prov ision.
10. C onflict of Interest
The Applicant will estab lish safeg uards to prohibit employees from using their positio ns for a p urpose that constitutes or presents the appearance of persona l or organizational conflict of interest, or personal gain.
11. Financ ial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets fort h that no subrec ipient, recipient, or subrec ipient shall subm it a false claim for payment, reimbursement or adva nce.
12. Reporting - Accountability
The Appl icant agrees to comp ly w ith applicable provisions of the Federal Funding Accountability and Tran sparency Act (FF A TA) (P.L. 109-282), specifica lly (a) the report ing of subawards obligating $25,000 o r more in federal funds and (b) execut ive com pensation data for first-tier subawar ds. This includes the prov isions ofFFATA, which includes requirements for executive compensation , and also requirement s implementi ng the Act for the non-federal entity at 2 C.F.R. Pait 25 Financ ial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Pait 170 Reporting Subaward and Execut ive Compensat ion Information.
13. Whistleb lower Protections
The Applicant also must comply with statutory requ irements for whistleb lower protect ions at JO U.S.C. § 2409, 41 U.S .C. § 4712, and IO U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The App licant will comply with the requirements of Section 106(g) of the Traffick ing Victims Protection Act of 2000, as amended (22 U.S .C. § 7 104) which prohibits grant award recip ients or a subrecipien t from: (I) engag ing in trafficking in persons during the period of time that the award is in effect; (2) procur ing a commercia l sex act during the period of time that the award is in effect; or (3) using forced labo r in the perfo rmance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the fo llowing federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as app licable, 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 federa lly-assisted construction contracts or subcontracts, and
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(b) The Federal Fair Labor Standards Act (29 U.S.C. § 20 1 et al.) as they apply to emp loyees of institutes of higher learnin g (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set fo1th in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Prope1ty 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 acqui red for project purposes regardless of federal participation in purchase; (b) Comply with flood insuranc e purchase requirements of Section 102(a) ofthe Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrec ipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurab le construction and acquisition is$ 10,000 or more;
(c)
(d) Assist the awarding agency in assuring comp liance with Section 106 of the (e) Nationa l Historic Preservation Act of 1966, as amended (16 U.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 prohibits the use of lead-based paint in construction or rehab ilitation 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 tenns of the real property title or other intere st in the site and facilities without permis sion and instructions from the awarding agency. Will record the federal award ing agency directives and wi ll include a covenant in the title of real property acqui red in whole or in pait 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 approva l of construction p lans and specifica tions; and ( c) Provide and maintain competent and adequate engineering superv ision at the construction site to ensure that the complete work conforms with the approved plans and spec ifications and will furnish progres sive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
Applicant s are required to comply with California Vehicle Code sections 23123 and 23 123.5. These laws proh ibit drivin g motor vehicle while using an electronic wire less communi cations device to write , send , or read a text-ba sed communication. Drivers are also prohibited from the use of a w ireless telephone without hands-free listening and talking, unle ss to make an emergency call to 9 11 , law enforcement, or sim ilar services.
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20. California Public Records Act and Freedom of Information Act The Applicant acknow ledges that all information submitted in the course of applying for fund ing under this program , or prov ided in the cou rse of an entity's grant management activiti es that are under Federal control, is subje ct to the Freedo m of Inform ation Act (FOlA) , 5 U.S.C. § 552, and the California Public Record s Act, California Government Code section 6250 et seq . The Applicant should cons ider these laws and consult its own State and local laws and regulations regar ding the release of info rmation when report ing sensitive matter s in the grant applic ation, needs assess men t, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM fHSGP} - PROGRAM SPECIFIC ASSURANCES t CERTIFICATIONS
21. Reporting Accusation s and Findings of Discrimination If durin g the past three years the recipient has been accused of discr imination on any basis the recipient must provide a list of all such proceedi ngs, pend ing or comple ted, including outcome and cop ies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Righ ts and Civil Liberties (CRCL) by e-mail at CRCL@h q.dh s.gov or by mail at U.S. Department of Home land Secur ity, Office for Civil Rights and Civil Liberti es, Buildin g 410, Mail Stop #0190 , Washington, D.C. 20528 .
In the court s or adm inistrative agencies make a finding of discrimi nat ion on grounds of race, colo r, national origin (including LEP) , sex, age, disabil ity, religion, or fam ilial statu s against the recipie nt, or the recipi ents settle a case or matte r alleging s uch discrimination , recipie nts must forward a copy of the comp laint and findings to the DHS Financi al Assis tanc e Office and the CRCL by e-mail or mail at the addresses listed above.
The United States has the right to seek judicial enfo rcement of these obligations .
22. Ackn owled gment of Federal Fund ing from DHS
All rec ipients must acknow ledge their use offedera l funding when issuing statements , press releases, reques ts for propo sals, bid invitatio ns, and other docu ments descr ibing project s or programs funded in whole or in pmt with federal funds.
23. Activities Con duct ed Abroad
A ll recipients must ensure that project activities carried on outside the United States are coordina ted as necessary with appropri ate govern ment authoriti es and that appropr iate licenses, perm its, or approva ls are obtained .
24. Best Practices for Collec tion and Use of Personally Identifiab le Inform ation (PID DHS defines personally identifiab le info rmation (PII) as any information that permit s the identity of an individual to be directly or indirectly inferred, includ ing any information that is linked or linkable to that individual. A ll rec ipients who collectPII
are requ ired to have a publica lly-availab le privacy policy that describes standards on the usage and maint enm1ce of Pll they colle ct. Recip ients may also find the OHS Privacy Impact Assessments: Privacy Guidance and Pri vacy templ ate a useful resource respectively.
25. Copyright
All recipients mus t affix the applicab le copyr ight notices of 17 U.S.C. §§ 40 I o r 402 and an acknow ledgement of U.S. Gove rnment sponsorship (including the award number) to any work first produ ced under federal financial assistance awm·ds.
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26. Duplication of Benefits
Any cost allocable to a patticu lar federal financial assistance award provided for in 2 C.F.R. Patt 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 financia l assistance award terms and conditions , or for other reasons. Howev er, these proh ibitions would not preclude rec ipients from shifting costs that are allowable under two or more awat·ds in accordance with exist ing federal statutes, regulation s, or the federal financial ass istance award term s and conditions.
27. Energy Policy and Conservation Act
All recipients must comply with the requirement s of 42 U.S.C. § 6201 wh ich contain policie s relating to ene rgy 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 thei r repaymen t of any federal debt. Examp les of relevant debt inc lude delinquent payroll and other taxes , aud it disallowances, and benefit overpaym ents.
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 under 49 U.S.C. § 41 102) for international air transportation of peop le and prope1ty 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, I 981 , 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 Applicant s must ensure that all conference, meetin g, convention, or trainin g space funded in whole or in part with federal funds compl ies with the fire prevention and control guidelines of the Federal Fire Preventi on and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose tlu·ough non- federa l source s.
32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipient s are subject to the Bayh -Dole Act, Pub. L. No. 96-517 , as amended, and cod ified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requir ements governing the development, reportin g, and disposition of rights to inventions and patents resulting from financial ass istance awards located at 37 C.F.R. Part 401 and the standard patent rights clause locat ed at 37 C.F.R. § 401.14.
33. SAFECOM
All recipients who rece ive federa l financial assis tance awat·ds made under programs that provide emergency communication equipment and its related activities must comp ly with the SAFECOM Guidance for Emergency Communicat ion Grants, including provi sions on technical standards that ensure at1d enhanc e 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 ofresources and support to, individu als and organizations associated with terrorism.
Recipients are legally responsib le to ensure compl iance with the Order and laws.
35. Reporting of Matters Related to Recipient Integrity and Performance If the tota l 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 federa l financial ass istance award, you must comply w ith the requirements set fo11h in the government-w ide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and cond itions.
36. USA Patriot Act of 2001
All rec ipients must comply with requirements of the Uniting and Strengthen ing America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ I 75-l 75c.
37. Use of DHS Seal, Logo, and Flags
All recipients must obta in permission from their DHS Financi al Ass istance Office, prior to using the DH S seal(s), logos, crests or reproductions of flags or likenesses ofDHS agency offic ials, including use of the United States Coast Guard seal, logo , crests or reproductions of flags or likenesses of Coast Guard officials.
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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assista nce, including any and all federal and state grants, loans, reimbursement , contracts , etc. The Applicant recogn izes and agrees that state financial assistance will be exte nded based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees , assignees , etc. Failure to comply with any of the above assurances may resu lt in suspensio n, termination, or reduct ion of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspe nsion of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award ofany future grants if the Cal OES determines that any of the following has occurred: (l) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirement s 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 Homela nd Secur ity Standard Terms and Conditions 2018, Version 8. I, hereby incorporated by reference , which can be found at:
htt s://www.dhs. ov/ ublication/ 15-dhs-__standard-terms-and-condition s.
The undersigned represents that he/ thorized to enter into this agreement for and on behalf of the Applicant.
Printed Name of Authorized Agent: __ S_c_o_t_t_C_h_a_d_w_ic_k ___________ __ _ Title: City Manager
FY 21 UASI - SUBRECfPTENT B-12
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The City of
SAN
DIEGO.)
Office of Emergency Services
Signature Authorization Form
FY 2021 Homeland Security Grant Programs
Jurisdiction: City of Carlsbad Date Signed: l / ;;;s-/:J-?- The below named personnel are authorized to sign for the following Home land Security Grant Programs: Urban Area Security Initiative (UASI).
NAME TELEPHONE E-MAIL ADDRESS
(TYPED/PRINTED) SIGNATURE NUMBER
Michael Calderwood ~ /~~r---. 442-339-2141 michael.cald [email protected] Mickey Williams ~~ ~ ft6 442-339 -2197 mickey. williams @carlsbadca.gov This form supersede all otl ers for above indicated juri sdiction. Requests for reimbursement signed by staff not identified in this form will not be processed.
~.fit-
Scott Chadwick 442-339-2820
Authorized A ent Printe's-~e and Si nature g g Phone No.
Mail form to City of San Diego , Office of Emergency Services, 9601 Ridgehaven Ct, MS 1101 C, San Diego , CA 92123 Or Email to [email protected]