Schedule A
campaigns. The last item our City is requesting is a THC Goggle set and kit to bring attention to the dangers of driving high to our community and citizens.
Proposed Solutions
Studies support that increased traffic enforcement by police officers correlates with a decrease in traffic collisions. Studies also support the effectiveness of DUI/DUID saturation patrols in reducing collisions and in educating the public about the dangers of impaired driving. Grant funds will be used to purchase a police vehicle which will be used in traffic enforcement details including four DUI/DUID saturation patrols. Grant funds will be used to pay overtime for two officers and one sergeant or officer at each of four total DUI/DUID saturation patrols, one per quarter.
One budgeted item, a fully equipped and marked police vehicle, is requested. A second budgeted item would be the rental of a PSA billboard to promote not driving while high. This would be seen by anywhere from 800,000 to 1,500,000 people over the grant period. A third budgeted item is the purchase of two messaging board sign trailers to be moved around the City and highlight “drive high get a DUI.” These signs have a natural effect of slowing down drivers and making them aware of the dangers of DUID. The grant funded trailers would be moved throughout City streets and placed near the 14 cannabis dispensaries in our 9 square mile City. Another budgeted item would be the purchase of two SoToxa Oral Fluid Analyzer Systems. These assist officers in the field with their investigations of DUID drivers. Lastly, the THC goggles and kit will be used during community outreach events. The community event and number of participants will be tracked and reported on for example, Life on the Beat, Citizen's Academy and High School presentations.
Performance Measures/Scope of Work
A quarterly performance report will be completed upon receipt of the purchased operational police vehicle.
Ongoing quarterly performance reports will be submitted for future quarters in which the vehicle is used.
These reports will show the number of times the vehicle is used during special enforcement events. One DUI/DUID Saturation enforcement detail will take place each quarter.
Statistics from the DUI/DUID Saturation enforcement details including total number of contacts, citations, DUI/DUID arrests, SFST's completed, and impounds will be reported. The objective of the enforcement details is to increase the total number of DUI/DUID related arrests during those detail hours and to decrease the total number of DUI/DUID related collisions during the entire grant-year period. The specific quantitative goal for these enforcement actions is to reduce that total by at least 10%, to 29 or fewer, during the grantyear.
Two Message Boards for DUI Saturation Patrols and Educational Messaging (Q1 = Purchase, Q2 = Receive, Q2-Q4 = Use to complete DUI Checkpoints and education): We will utilize the Message Boards to notify the public of an approaching DUI Saturation Patrols taking place in city limits. In between DUI Saturation Patrols, we will display educational messaging against driving under the influence or impairment. When they are not being used at a checkpoint they will be distributed around the City near cannabis dispensaries to deter impaired driving.
Four Educational Presentations at the police department or local high schools using the THC goggles and kit (Q1 = 1, Q2 = 1, Q3 = 1, Q4 = 1): Aim to contact at least 100 community members or students each quarter to increase awareness of driving under the influence or impairment. The presentations will educate community members and students on the implications of driving impaired.
The two SoToxa Oral fluid mobile analyzers will be readily available for officers to use in the field. Our department borrowed a SoToxa unit for about 30 days. It was deployed 20 times during the 30 days and assisted and positively identified DUID drivers on six occasions. We will report quarterly on how many times the SoToxa was deployed and how many times it identified the presence of drugs in a driver’s system.
One rental of a PSA billboard to promote not driving while high. This would be seen by anywhere from 800,000 to 1,500,000 people over the grant period. La Mesa is centrally located and has three major freeways running through it, Interstate 8, SR-125, and SR-94. The City has a very large daily transient population due to having a mall, major hospital, and five trolley stops. The billboard can track the number of vehicles that have driven by per quarter. This number would be reported back to CHP.
Schedule A
Project Performance Evaluation
Statistics documenting the enforcement actions taken during the enforcement details will be reported. To incorporate community stakeholders, the La Mesa Police Department will engage with existing community organizational contacts, such as contacts with MADD, and ask them to join us to help educate the public during enforcement details. MADD usually is able to provide informational pamphlets that can be given to drivers by officers during DUID Saturation Patrols. Statistics will be reported on the mobile messaging signs which will describe location and volume of vehicles.
Additionally, a press release will be disseminated prior to the deployment of the drive high get a DUI billboard to inform the public about both the operation and the general dangers of impaired driving. Lastly, the THC goggles and kit will be used during community outreach events. The community event and number of participants will be tracked and reported on each quarter.
Program Sustainability
CHP Cannabis Tax funds for this grant period are currently being used during the grant fiscal year 2023-2024.
The funds for this grant period will be used during the grant fiscal year 2024-2025. When collision data is made available, the effectiveness of the enforcement details can be measured against prior data from prior years to determine the overall impact this program had.
Once there is no longer a need to conduct enforcement details, the request for grant funding for enforcement details will not me made.
Administrative Support
The City of La Mesa has used several grants in the past for a variety of projects. Our fiscal team is trained on submitting requests for payment and funds through various grant platforms. Our sworn staff in charge of the grant have attended grant workshops, including the implementation workshop for this grant. The O.T.S. STEP grant is similar to this grant in that funds are used to conduct enforcement details. The Traffic Sergeant currently manages both this grant and the O.T.S. STEP grant. Our City has used the O.T.S. STEP grant for several consecutive years and has not had any funding revoked. Our City is also currently using the CHP Cannabis Tax Fund Grant for the 2023-2024 year.
We have a history of successfully meeting grant criteria and benchmarks, submitting quarterly performance reports thoroughly and in a timely manner, and being approved for additional grant funding during subsequent grant fiscal years. To operate the details themselves, we have a history of completing these details with sufficient staffing. Generally, officers from with the Traffic Unit, Patrol Division and the Services Division are able to work these details and provide adequate staffing. All of our DUI Checkpoints and DUI Saturation enforcement details have had sufficient staffing over the previous grant periods.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
17902 La Mesa Police Department $193,923.34
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
Billboard Rental $28,900.00
SoToxa Mobile Test System $12,227.45
DUI Patrol Vehicle - Outfitting $38,095.26
Educational Supplies $4,582.00
Category Sub-Total $83,804.71
Personnel
DUI Saturation Patrol $6,285.78
Category Sub-Total $6,285.78
Equipment
DUI Patrol Vehicle $61,539.55
Message Board $42,293.30
Category Sub-Total $103,832.85
Grant Total $193,923.34
Schedule B-1
Budget Narrative
La Mesa Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
SoToxa Mobile Test System
$12,227.45
SoToxa System * Quantity 2 * $4,900.00 / unit, $685 / box of cartridges, total tax and shipping, $1,057.45 / Total Cost - $12,227.45
Educational Supplies
$4,582.00
Opioid Starter Kit, $3,225.00,
(2) THC Goggle Kits, $1,170.00, Shipping and Handling, $187.00, Total Cost, $4,582.00 Billboard Rental
$28,900.00
1-year rental of Billboard w/ PSA, 12 months, $300 initial production cost, $2,200/ 4 weeks, Total Cost - $28,900.00 DUI Patrol Vehicle - Outfitting: (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.) $38,095.26
DUI Enforcement Truck - Outfitting - light and siren package, $31,002.03 Outfitting - police radio, $7,093.23
Personnel
DUI Saturation Patrol
$6,285.78
4 DUI/DUID Saturation Patrols = $5,921.60 1 Sergeant and 2 Officers per patrol / Sergeant OT = $115.98 per hour, Officer OT = $90.05 per hour, 5 hours per patrol / 20 hours per Sergeant and two Officers / 60 hours Fringe benefit included 0.0615 * Total OT $5,921.60 = $364.18 $5,921.60 + $364.18 = 6,285.78
Equipment
DUI Patrol Vehicle
$61,539.55
DUI Enforcement Truck - Ford, $61,539.55 – to be used during DUI Saturation Patrol
Schedule B-1
Budget Narrative
La Mesa Police Department
Message Board
$42,293.30
MC360 Message Trailers * Quantity (2) * Unit Cost, $19,250.00 , Trailer, $240.00, Sales Tax, $3,313.30, Total Cost, $42,293.30
The message trailers will be deployed in the city during saturation patrols notifying drivers if they drive high/impaired they will get a DUI. When not used during saturation patrols, the trailers will be placed near marijuana dispensaries warning drivers if they drive high they can get a DUI and/or Driving high and impaired is a crime. The goal is remind and deter drivers the danger of driving while impaired.
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: RESOLUTION AUTHORIZING ACCEPTANCE AND
APPROPRIATION OF FY 2023 STATE HOMELAND
SECURITY GRANT PROGRAM (SHSGP) – URBAN AREA
SECURITY INITIATIVE (UASI)
ISSUING DEPARTMENT: Fire
SUMMARY:
Issues:
Should the City Council accept the FY 2023 SHSGP—UASI grant of $96,444? Recommendation:
1. Adopt a resolution to accept the FY 2023 State Homeland Security UASI Grant and appropriate the amount of the award.
2. Authorize the City Manager or designee to execute any grant documents and agreements necessary for the receipt and use of these funds.
Fiscal Impact:
Funds will be appropriated to the FY 2024-2025 and/or FY 2025-2026 budgets to grant fund 213. There are no matching funds required for this grant.
City’s Strategic Goals:
Maintain a community where residents and visitors feel safe. Ensure a strong financial outlook through careful planning, sustainable service levels, and fiscal sustainability.
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 2
BACKGROUND:
The FY 2023 SHSGP plays an important role in the implementation of Presidential Policy Directive – 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG). The UASI Training Participation portion of this program supports the implementation of State Homeland Security Strategies to address training and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. The City of La Mesa has been allocated $96,444 in total, as outlined below:
Fire
Goal 3 Training, Exercises and Conferences (Project 022) - $52,644 These funds are for tuition and staffing reimbursement costs for selected UASI-sponsored training and exercises for fire personnel.
Police
Law Enforcement Training (Project 004) - $40,000
These funds are specific to an Advanced Close Quarters training for law enforcement personnel.
Goal 3 Training, Exercises and Conferences (Project 022) - $3,800 These funds are for tuition and staffing reimbursement costs for selected UASI-sponsored training, exercises, and conferences for police personnel.
These funds will be used by the Police and Fire Departments for the projects listed above or as indicated by modifications to the grant.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Bent Koch
City Manager Fire Chief
Attachments: A. Resolution
B. FY 23 Grant Agreement and MOU
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE FISCAL YEAR 2023 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) – URBAN AREA SECURITY INITIATIVE (UASI) GRANT OF $96,444
___________________________________________________________________ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, that the City Council authorizes the acceptance of the FY 23 SHSGP–UASI grant offered by the Department of Homeland Security in the amount of $96,444; provided however, that if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
FY 23 UASI – SUBRECIPIENT Page 1 of 22 September 1, 2023
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
___________________________________
FOR THE DISTRIBUTION OF FY 2023 UASI GRANT FUNDS
THIS AGREEMENT is made this day of __________________, 2024 in the City and County of San Diego, State of California, by and between the _____________________________(“SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation (“San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services (“SD OES”), also referred to as the San Diego Office of 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 of relative risk of terrorism, the San Diego Urban Area (“SDUA”) was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (“UASI”) program grant funds; and WHEREAS, The Urban Area Working Group (“UAWG”), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the Homeland Security Grant Program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services (“SD OES”), as the “core city” for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services (“Cal OES”) to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution of UASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
CITY OF LA MESA
CITY OF LA MESA
FY 23 UASI – SUBRECIPIENT Page 2 of 22 September 1, 2023 ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) “ADA” shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) “Authorized Expenditures” shall mean expenditures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) “Event of Default” shall have the meaning set forth in Section 7.1. (d) “Fiscal Quarter” shall mean each period of three calendar months commencing on July 1, October 1, January 1, and April 1, respectively.
(e) “Grant Funds” shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #: ) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2023-0042, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 18, 2023.
(f) “Grant Plan” shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Forms Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change (e.g., EHP).
(g) “Indemnified Parties” shall mean: (i) San Diego, including all commissions, departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego’s elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h) “Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) “Reimbursement Request” shall have the meaning set forth in Section 3.10(a). (j) “Simplified Acquisition Threshold” means the dollar amount below which a nonFederal entity may purchase property or services using small purchase methods. (k) “UASI Management Team” shall mean The SD OES Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UAWG. (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.
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FY 23 UASI – SUBRECIPIENT Page 3 of 22 September 1, 2023
1.2 Additional Terms. The terms “as directed,” “as required” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of City. The terms “sufficient,” “necessary” or “proper” and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The terms “approval,” “acceptable” or “satisfactory” or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms “include,” “included” or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “successor” or “assign” herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein” or “hereto” refer to this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO’S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins, and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as set forth in Section 39 of the City of San Diego City Charter:
“No contract, agreement, or other obligation for the expenditure of public funds shall be entered into by any officer of the City and no such contract shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficient balance to meet the demand thereof.”
FY 23 UASI – SUBRECIPIENT Page 4 of 22 September 1, 2023 ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2023 and shall end at 11:59 p.m. San Diego time on MAY 31, 2027.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to make any subawards of Grant Funds.
3.4 Standard Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. (b) In addition to complying with all Standard Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,
FY 23 UASI – SUBRECIPIENT Page 5 of 22 September 1, 2023 requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection, planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon request by City or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines: Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transmit and/or display location-based information (i.e., information linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency (“FEMA”) website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies, if applicable.
(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.
FY 23 UASI – SUBRECIPIENT Page 6 of 22 September 1, 2023
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. § 200.327. (b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS’s SAFECOM’s coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F.R. § 200.320) or any vehicle, aircraft or watercraft financed with Grant Funds (2 CFR § 300.326.). (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. § 200.320). (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.
(f) "Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
3.8 Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT 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
FY 23 UASI – SUBRECIPIENT Page 7 of 22 September 1, 2023 the “Excluded Parties List System,” to assure that it does not provide Grant Funds to excluded parties.
SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.
(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001.1, Requirements for DrugFree Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT’s performance under this Agreement, to ensure that the Grant Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis of the financial, programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Standard Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the DHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.
FY 23 UASI – SUBRECIPIENT Page 8 of 22 September 1, 2023 (b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request. (d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City’s written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT’s obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission (“FCC”) EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
FY 23 UASI – SUBRECIPIENT Page 9 of 22 September 1, 2023 (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the project as the result of FEMA’s and/or Cal OES's EHP review will result in the denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).
3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royaltyfree, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: “This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security.”
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and supporting documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational and other reports, as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on recycled paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during
FY 23 UASI – SUBRECIPIENT Page 10 of 22 September 1, 2023 the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Standard Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives, to inspect, audit, examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. 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 financial and compliance audit report. The audit must be performed in accordance with GAO’s Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT’s fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in federal assistance programs, as required by Executive Order 12549 and 12689, “Debarment and Suspension” and implemented at 2 CFR Part 3000.
FY 23 UASI – SUBRECIPIENT Page 11 of 22 September 1, 2023 (b) SUBRECIPIENT complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR Part 9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. (d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT’s performance of this Agreement, including, but not limited to, the following: (a) a material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished by SUBRECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and San Diego’s costs of investigating any claims against San Diego.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
FY 23 UASI – SUBRECIPIENT Page 12 of 22 September 1, 2023 Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT’s ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY’S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
FY 23 UASI – SUBRECIPIENT Page 13 of 22 September 1, 2023 or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination specified in such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a Reimbursement Request or whether the UASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the termination date specified by City. (e) City’s payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at
FY 23 UASI – SUBRECIPIENT Page 14 of 22 September 1, 2023 law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly, assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor, or assignee of all of the covenants, terms and conditions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered (c) sent via email to a member of the UASI Management Team or (d) sent via facsimile (if a facsimile number is provided below):
If to City of San Diego Office of Emergency Services UASI Management Team:
San Diego Office of Emergency Services
9601 Ridgehaven Court, MS 1101C
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:
OFFICE
ADDRESS
CITY, STATE, ZIP
ATTN
FACSIMILE
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic City of La Mesa
La Mesa, CA 91942
8054 Allison Avenue
Fire & Police Grants Management
(619) 667-4161
FY 23 UASI – SUBRECIPIENT Page 15 of 22 September 1, 2023 confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.
9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if such default persists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided, however, that the Program Manager or designee may establish alternate procedures for modification of the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:
Appendix A, SUBRECIPIENT Award Letter
Appendix B, Standard Assurances
Appendix C, Form of Reimbursement Request
Appendix D, Performance Period Extension Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.
FY 23 UASI – SUBRECIPIENT Page 16 of 22 September 1, 2023
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Standard Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal funds is now required. As defined by the Office of Management and Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA reporting requirements. The Transparency Act definition of “Federal awards” includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable, SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.
1. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts and Federal financial assistance), and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and Exchange Commission.
10.13 Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
FY 23 UASI – SUBRECIPIENT Page 17 of 22 September 1, 2023 (c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT’s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages:
(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than $1,000,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, NonOwned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers, Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers’ Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days’ advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.
FY 23 UASI – SUBRECIPIENT Page 18 of 22 September 1, 2023
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion, until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from selfinsuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.
FY 23 UASI – SUBRECIPIENT Page 19 of 22 September 1, 2023
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.
12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California Government Code sections 7070 – 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency’s website.
12.5 Compliance with FEMA issued Policy 207-22-0002
FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies and to comply with and implement the recommendations stemming from EO 13688, which established prohibited equipment and controlled equipment lists.
By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481 and FEMA Policy 207-22-002.
FY 23 UASI – SUBRECIPIENT Page 20 of 22 September 1, 2023 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.
CITY OF SAN DIEGO: SUBRECIPIENT:
By: By:
______________________________________ _______________________________________
MEGAN BEALL SUBRECIPIENT
PROGRAM MANAGER
OFFICE OF EMERGENCY SERVICES
Federal Tax ID #:
Approved as to Form:
Mara W. Elliott
City Attorney
By: ___________________________________
Deputy City Attorney
GREG HUMORA
CITY MANAGER
95-6000731
FY 23 UASI – SUBRECIPIENT Page 21 of 22 September 1, 2023 Appendix A — SUBRECIPIENT Award Letter
FY 23 UASI – SUBRECIPIENT Page 22 o
f22 September 1, 2023
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
$33(1',;%
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.
Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collectsPII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Name of Jurisdiction: ________________________________________________________________ Address: ____________________________________________________________________________ Telephone Number: _________________________________________________________________ Email Address: ______________________________________________________________________ Greg Humora
City of La Mesa
(619)
8130 Allison Avenue, La Mesa CA 91942
667-1146
[email protected]
City Manager
City of La Mesa
Grant: FY23 UASI Grant #2023-0042
CalOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
Cash Request # through
Cash Request Amount Unique Entity ID (UEI)#
Under Penalty of Perjury I certify that:
Printed Name: Phone Number:
Title: Email Address:
Mailing Address:
Remittance Address:
Signature Date:
Mail Reimbursement Request To:
City of San Diego Office of Emergency Services
Grants Management Section
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Futhermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudelent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise.
No Event or Default has occurred and is continuing.
The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT.
After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Appendix A of this agreement for specific projects and programs.
City of San Diego Office of Emergency Services
FY23 Urban Area Security Initiative Grant
(Performance Period Start Date) (Performance Period End Date) The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures. $33(1',;&
Reimbursement Request (Invoice)#
Mail Reimbursement Request To: Date:
City of San Diego Agency:
Office of Emergency Services
Attn: Grants Management Section
9601 Ridgehaven Ct, MS 1101C
San Diego, CA 92123
Expenditure Period:
Type of Expenditure Project #
Equipment
Training
Planning
Organization
Exercise
Total
For questions regarding this reimbursement request contact Name
Phone
Email
Remittance Address (Address check will be mailed to)
$ -
Cover Sheet (Invoice)
Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Award #2023-0042
CalOES ID #073-66000 CFDA #97.067
Reimbursement Requested
Unique Entity ID (UEI):
Jurisdiction: Expenditure Period:
Date:
Grant: FY23 UASI Grant #2023-0042CalOES #073-66000 CFDA #97.067 Course
Delivery (Tuition
/ Registration /
Materials)
Overtime &
Backfill
Travel (Minus
Tuition /
Registration /
Materials)
Total EMA EMS FS GA HZ LE PH PSC PW Total
$ - 0$ - 0$ - 0$ - 0$ - 0$ - 0$ - 0$ - 0
Total - $ - $ - $ - $ 0 0 0 0 0 0 0 0 0 0
Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Attendee Breakdown by Discipline
NOTE: O.T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other O.T. fringe benefit expenditures. Other fringe benefit costs must be absorbed by the jurisdiction.
Grant: FY23 UASI Grant #2022-0042
CalOES #073-66000 CFDA #97.067Cash Request # through
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly/Billing
Rate
Total Project
Hours
$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ - Expenditure
Category
Period of
Expenditure
Total
Charged to
Grant
Discipline
Billable Hour Breakdown
(Performance Period Start Date)
Project
Number Consulting Firm Project & Description of Services Deliverable Solution Area (Performance Period End Date)
CONSULTANT / CONTRACTOR
Office of Emergency Services
FY23 Urban Area Security Inititive Grant Program
Grant: FY23 UASI Grant #2022-0042
CalOES #073-66000 CFDA #97.067Cash Request # through
Backfilling For
Total Salary &
Benefits
Charged for this
Reporting
Period
Hourly Rate Overtime Rate Total Project Hours
$ - - $
$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ - Office of Emergency Services
FY23 Urban Area Security Inititive Grant Program
PERSONNEL
(Claim Period of Expenditure Start Date)
Project
Number Employee Name Project/Deliverable Discipline Solution Area Period of Expenditure Billable Hour Breakdown
Total Charged
to Grant
(Claim Period of Expenditure End Date)
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
FY23 UASI Performance Period Extension Request
City of San Diego Office of Emergency Services
PERFORMANCE PERIOD EXTENSION REQUEST
Subrecipient Name:
UASI FY: 23 UASI
Project:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Period Deadline:
Requested New Performance Period Deadline (final reimbursement claim due on this date):
1. Describe the details of the project:
2. What is the current status of the project?
3. Please provide a timeline as to how you will meet the new requested date:
4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?
5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?
6. List and describe all equipment with costs and AEL #s:
Equipment & Description Cost AEL
number
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
$33(1',;'
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
FY23 UASI Performance Period Extension Request
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
All Investments TOTAL
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: Resolution Authorizing Acceptance and Appropriation of FY 2023 State Homeland Security Grant Program (SHSGP) Funds ISSUING DEPARTMENT: Fire
SUMMARY:
Issue:
Should the City Council accept the FY 2023 SHSGP grant of $36,940? Recommendation:
That the City Council:
1. Adopt a resolution to accept the FY 2023 State Homeland Security Grant and appropriate the amount of the award.
2. Authorize the City Manager or designee to execute any grant documents and agreements necessary for the receipt and use of these funds; and
3. Authorize the City Manager or designee to accept FY 2023 State Homeland Security Grant Program funded equipment purchased on behalf of the City of La Mesa.
Fiscal Impact:
$36,940 to purchase terrorism preparedness equipment ($25,810 for Fire and $11,130 for Police). Funds will be appropriated to the FY 2024-2025 and FY 2025-2026 budgets to a grant fund. There are no matching funds required for this grant.
City’s Strategic Goals:
Maintain a community where residents and visitors feel safe.
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 2
BACKGROUND:
The FY 2023 SHSGP plays an important role in the implementation of Presidential Policy Directive – 8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG). SHSGP supports the implementation of state Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. The City of La Mesa has been allocated $36,940.
The Fire Department has been the lead for the City while working closely with the Police Department. We have employed a unified strategy for determining the public safety equipment needs for the City. The Police Department is required to receive a minimum of 30 percent of the SHSGP allocation to replace the Law Enforcement Terrorism Prevention Program (LETPP) grant.
A workbook for La Mesa containing equipment, training, and planning needs was submitted to the State for approval and approval was received from San Diego County OES on June 14,2024.
The FY 2023 State Homeland Security grant funding will be utilized by both the Police and Fire Departments. The Fire Department will receive $25,810 to purchase mobile radios. The Police Department will receive $11,130 in funding to purchase portable radios. Actual items may change if modification is requested by the departments and approved by the granting agency.
CONCLUSION:
Staff recommends that the City Council adopt a resolution to accept the FY 2023 State Homeland Security Grant and appropriate the amount of the award.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Bent Koch
City Manager Fire Chief
Attachments: A. Resolution
B. Notification of Award
C. Grant Allocation List
D. 2023 Grant Assurances
ATTACHMENT A
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2023 STATE HOMELAND SECURITY GRANT PROGRAM (SHSGP) GRANT OF $36,940 FOR
TERRORISM PREPAREDNESS
___________________________________________________________________ NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, that the City Council authorizes the acceptance of the SHSGP grant offered by the Department of Homeland Security. However, if the actual revenue received from the source specified should be more or less than the amount set forth herein, that the appropriations shall be adjusted to equal the amount actually received.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute any grant documents and agreements necessary for the receipt and use of these funds.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
JURISDICTION
CITIES LE - 30% of FY22
Allocation Non-LE Allocation TOTAL
Sworn LE
Personnel
Figures
(2022)
LE - 30% of FY23
Allocation
Non-LE
Population
(2022)
Non-LE Allocation TOTAL % Change from
FY2022 to FY2023
CARLSBAD 21,061 56,787 77,848 132 20,988 115,585 44,776 65,764 -15.52% CHULA VISTA 43,877 128,053 171,930 280 44,520 276,785 100,248 144,768 -15.80% CORONADO 7,339 15,024 22,363 46 7,314 22,277 12,666 19,980 -10.66% DEL MAR - 6,909 6,909 - 3,929 6,352 6,352 -8.06%
EL CAJON 19,625 51,290 70,915 123 19,557 105,638 41,353 60,910 -14.11% ENCINITAS - 32,928 32,928 - 61,515 26,169 26,169 -20.53% ESCONDIDO 24,571 73,012 97,583 159 25,281 150,679 56,853 82,134 -15.83% ESCONDIDO RINCON DEL DIABLO - 6,289 6,289 - 4,626 4,626 -26.44% IMPERIAL BEACH - 17,453 17,453 - 26,243 14,031 14,031 -19.61% LA MESA 11,169 31,713 42,882 70 11,130 60,472 25,810 36,940 -13.86% LEMON GROVE - 16,812 16,812 - 27,242 14,375 14,375 -14.50% NATIONAL CITY 13,721 33,134 46,855 88 13,992 61,471 26,154 40,146 -14.32% NATIONAL CITY - LINCOLN ACRES - 723 723 - 534 534 -26.14% OCEANSIDE 36,059 84,250 120,309 225 35,775 173,048 64,550 100,325 -16.61% POWAY - 26,941 26,941 - 48,759 21,779 21,779 -19.16%
SAN DIEGO 324,847 - 324,847 2,036 323,721 - - 323,721 -0.35% SAN MARCOS - 48,178 48,178 - 93,585 37,205 37,205 -22.78% SAN MARCOS FPD - 6,566 6,566 - 4,946 4,946 -24.67%
SANTEE - 30,467 30,467 - 59,015 25,309 25,309 -16.93%
SOLANA BEACH - 11,200 11,200 - 12,812 9,409 9,409 -15.99% VISTA - 51,302 51,302 - 100,291 39,513 39,513 -22.98%
VISTA FPD - 9,179 9,179 - 7,033 7,033 -23.38%
TOTAL CITIES 502,269 738,210 1,240,479 3,159 502,278 1,399,346 583,691 1,085,969 -12.46%
FIRE DISTRICTS/OTHER
ALPINE FPD - 12,274 12,274 - 15,550 10,351 10,351 -15.67% DEER SPRINGS FPD - 10,489 10,489 - 12,216 9,204 9,204 -12.25% LAKESIDE FPD - 33,621 33,621 - 63,251 26,766 26,766 -20.39% NORTH COUNTY FPD - 28,485 28,485 - 50,489 22,375 22,375 -21.45% PORT OF SAN DIEGO 22,337 - 22,337 140 22,260 - 22,260 -0.34% RANCHO SANTA FE FPD - 20,338 20,338 - 35,103 17,080 17,080 -16.02% SAN MIGUEL FPD - 61,544 61,544 - 123,095 47,360 47,360 -23.05% VALLEY CENTER FPD - 12,338 12,338 - 15,904 10,473 10,473 -15.12% TOTAL FIRE DISTRICTS/OTHER 22,337 179,090 201,427 140 22,260 315,608 143,609 165,869.00 -17.65% 2-1-1 SAN DIEGO CONTRACT 70,000 70,000 100,000 100,000 42.86% AlertSanDiego - 350,000 350,000 100.00%
COUNTY DEPTS
UDC SHARE 0 102,357 102,357 - - 102,357 102,357 0.00%
M&A (5%) 0 160,535 160,535 - - 160,535 160,535 0.00%
HHSA-EMS 0 80,000 80,000 - 80,000 80,000 0.00%
OES - 917,301 917,301 - - 727,301 727,301 -20.71%
SHERIFF 438,607 - 438,607 2,759 438,676 - - 438,676 0.02% TOTAL COUNTY DEPTS 438,607 1,260,193 1,698,800 2,759 438,676 - 1,070,193 1,508,869 -11.18% TOTAL ALLOCATIONS 963,213 2,247,493 3,210,706 6,058 963,213 1,714,954 2,247,493 3,210,706 0.00% Notes:
*Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista.
FY 2023 STATE HOMELAND SECURITY PROGRAM (SHSP) APPROVED UDC GRANT ALLOCATION FY2022 Approved Formula with Award FY2023 - APPROVED
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.
Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; (2) subject to a cease-anddesist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other nonprofit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM (EMPG) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collectsPII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.
39. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Security Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
City of La Mesa
Greg Humora
City Manager
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: RESOLUTION REJECTING BID NO. 25-02 INFLOW
AND INFILTRATION MITIGATION PHASE 6 SEWER
PROJECT
ISSUING DEPARTMENT: PUBLIC WORKS
SUMMARY:
Issues:
Should the City of La Mesa reject Bid No- 25-02, for the Inflow and Infiltration Mitigation Phase 6 Sewer Project?
Recommendation:
Adopt the attached resolution rejecting Bid 25-02, for the Inflow and Infiltration Mitigation Phase 6 Sewer Project.
Fiscal Impact:
There is no fiscal impact with this action.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community.
BACKGROUND:
The Inflow and Infiltration Mitigation Phase 6 Project includes the replacement or rehabilitation of approximately 15,500 linear feet of sewer pipe and 62 manholes within the Vista La Mesa neighborhood.
Report to Mayor and Councilmembers
Date: July 23. 2024
Page: 2 of 2
The project is funded through the State Revolving Fund (SRF), a low interest loan program administered by the California State Water Resources Control Board. The engineer’s estimate for the project was $8,200,000.
A Notice Inviting Bids was advertised on May 14, 2024. The City received two bids on the bid opening date of June 20, 2024. Palm Engineering Construction Company submitted a bid for $14,890,580 and J.R. Filanc Construction Company submitted a bid for $18,445,810.
DISCUSSION:
Palm Engineering (the low bidder) did not give exact reasons that the bid was almost 82% higher than the engineer’s estimate. However, feedback was received from multiple contractors who did not bid regarding why there declined to submit a bid. The feedback included:
The City’s builder’s insurance requirements (earthquake, fire, flood) are expensive The City’s Project Labor Agreement requirements are difficult to administer and manage and consequently too costly
The City of San Diego’s current capital improvement program significantly impacts the supply and demand and availability of local public works construction labor Staff is planning to re-evaluate the project scope and estimate, and to rebid the project in the fall of 2024.
CONCLUSION:
Staff recommends that it is in the best interests of the City to reject the bids for Bid 25-02, Inflow and Infiltration Mitigation Phase 6 Sewer Project.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Attachments: A. Resolution
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA REJECTING BID NO. 25-02, INFLOW AND INFILTRATION MITIGATION PHASE 6 SEWER
PROJECT
WHEREAS, the City advertised a notice inviting bids for the Inflow and Infiltration Mitigation Phase 6 Sewer Project on May 14, 2024;
WHEREAS, the City received two bids on the bid opening day of June 20, 2024; WHEREAS, the lowest bid was for $14,890,580, which exceeded the engineer’s estimate of $8,200,000;
WHEREAS, the City Council is authorized under the Public Contract Code Section 20166, at its discretion, to reject all bids; and
WHEREAS, staff recommends rejecting the bid is in the best interest of the City.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:
The bid for Bid 25-02, Inflow and Infiltration Mitigation Phase 6 Project is rejected by the City Council. Said bid is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that staff is directed to re-evaluate the bid, the engineer’s cost estimate and re-advertise the project at an appropriate time.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024-_ , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: RESOLUTION AUTHORIZING A TASK ORDER FOR
ENGINEERING STAFF AUGMENTATION SERVICES
TO PARSONS TRANSPORTATION GROUP, INC.
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issues:
Should the City of La Mesa authorize a task order for Engineering Staff Augmentation Services to Parsons Transportation Group, Inc. in the amount of $82,680?
Recommendation:
Approve the attached resolution authorizing a task order for Engineering Staff Augmentation Services to Parsons Transportation Group, Inc. in the amount of $82,680.
Fiscal Impact:
Funds for the task order are available in the traffic engineering operations account 101-64300-303.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community.
BACKGROUND:
In May 2024, the City advertised a request for qualifications RFQ 25-01, for its as-needed engineering consultant services. Parsons Transportation Group, Inc. was selected as one of the qualified firms to provide staff augmentation services. Parsons Transportation
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 2
Group, Inc. has satisfactorily performed such services in the past and is the recommended consultant to assist with the current engineering division workload.
The City’s purchasing requirements require contracts for professional services above $50,000 to be approved by City Council.
DISCUSSION:
On June 12, 2024, the City of La Mesa received a proposal from Parsons for traffic engineering services to assist with inquiries and provide customer service for an amount of $82,680.
CONCLUSION:
Staff recommends that the City Council adopt the attached resolution authorizing a task order for traffic engineering staff augmentation services to Parsons Transportation Group, Inc., in the amount of $82,680.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
Michael Kinnard _____
Michael Kinnard
Engineering Project Manager
Attachments: A – Resolution
B – Parsons Transportation Group, Inc. Proposal
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA
AUTHORIZING A TASK ORDER TO PARSONS TRANSPORTATION GROUP, INC. FOR STAFF AUGMENTATION SERVICES
WHEREAS, the City requires assistance with engineering staff augmentation services for traffic engineering to maintain customer service;
WHEREAS, in May 2024, the City advertised a request for qualifications, RFQ 25-01 for as-needed professional services;
WHEREAS, Parsons Transportation Group, Inc. was selected as a qualified firm to provide staff augmentation services; and
WHEREAS, the City’s purchasing rules require the City Council’s approval for professional services contracts over $50,000.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that:
The task order to provide engineering staff augmentation services for an amount of $82,680 is approved and the Mayor is hereby authorized to accept and execute the task order with Parsons Transportation Group, Inc.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23
rd day of July 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF THE CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
1 July 12, 2024
MEMORANDUM
To: Michael Kinnard, City of La Mesa Engineering Project Manager From: Matt Brash, PE, Parsons San Diego Area Manager
RE: Staff Augmentation Services – ESA -101301-25-1
The purpose of this memorandum is to provide a fee estimate to provide staff augmentation services for the City of La Mesa. The estimate reflects an estimate of 12 hours per week for 26 weeks. It is anticipated that this amendment will provide sufficient budget to provide services until the end of December 2024.
Thank you and we look forward to providing this service for the City.
Sincerely,
Matt Brash, PE
[email protected]
(858) 442-9179
Parsons
ATTACHMENT B
REPORT to the MAYOR and MEMBERS of the CITY COUNCIL
From the CITY MANAGER
DATE: July 23, 2024
SUBJECT: RESOLUTION TO AWARD BID 25-04, TYPE B
ASPHALT CONCRETE, TO SUPERIOR READY-MIX
CONCRETE AND MARTIN MARIETTA
ISSUING DEPARTMENT: Public Works
SUMMARY:
Issue:
Should the City Council adopt the resolution to award Bid 25-04, Type B Asphalt Concrete, to Superior Ready-Mix Concrete and Martin Marietta? Recommendation:
That the City Council adopt the resolution to award Bid 25-04, Type B Asphalt Concrete, to Superior Ready-Mix Concrete and Martin Marietta.
Fiscal Impact:
The service may cost up to $440,435.67 annually. Funds are budgeted in fiscal year 2024/2025 accounts 101-64200-312 and 101-64200-320.
City’s Strategic Goals:
Invest in infrastructure to serve the needs of the community.
BACKGROUND:
Asphalt is utilized for the city’s in-house street resurfacing and repair patching programs.
Bid 24-04 was issued June 6, 2024 as a cooperative bid lead by the City of La Mesa, which combined the quantities of nine agencies to obtain savings with volume bidding and fixed pricing on an annual basis. The nine agencies were Cities of La Mesa, Carlsbad, Chula Vista, El Cajon, National City, San Marcos and Santee, the San Diego Unified
Report to Mayor and Councilmembers
Date: July 23, 2024
Page: 2 of 2
School District and the San Dieguito Water District. Superior Ready-Mix Concrete and Martin Marietta submitted responsive bids for pickup of materials from vendor plants as requested in Section I. To assure a continuous product supply, due to the possibility that one firm may not have the items available when required, the bid award is issued to two vendors.
DISCUSSION:
Evaluation of the bids was based on the total cost of each material in each section and a haul distance penalty for materials to be picked up. The penalty allows staff to include consideration of expenses incurred by the round-trip haul distance from their respective public works facilities to the vendors’ plants. The bid award for each agency, including sales tax, would be: La Mesa, $440,435.67; Carlsbad, $93,209.14; Chula Vista, $274,035.19; El Cajon, $68,502.06; National City, $25,024.94; the San Diego Unified School District, $532,031.79; the San Dieguito Water District, $11,960.25; San Marcos, $90,887.13; and Santee, $27,745.63.
The bid allows for four additional one-year renewals and requires that pricing changes each option year are limited to the Consumer Price Index (CPI). It is recommended that the City Manager have sole and exclusive right to exercise the options on behalf of the City.
CONCLUSION:
Staff recommends that the City Council adopt the resolution to award Bid 25-04, Type B Asphalt Concrete, to Superior Ready-Mix Concrete and Martin Marietta.
Reviewed by: Respectfully submitted by:
____________________ ____________________________
Greg Humora Michael Throne, PE
City Manager Director of Public Works
____________________________
Scott Munzenmaier
Purchasing Officer
Attachments: A. Resolution
B. Bid Results
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA MESA TO AWARD BID 25-04, TYPE B ASPHALT CONCRETE, TO SUPERIOR READY-MIX
CONCRETE AND MARTIN MARIETTA
WHEREAS, asphalt is utilized for the city’s in-house street resurfacing and repair patching programs and to assure a continuous product supply, due to the possibility that one firm may not have the items available when required, the bid award is issued to two vendors; WHEREAS, Bid 25-04 was a cooperative bid lead by the City of La Mesa, which combined the quantities of nine agencies to obtain savings with volume bidding and fixed pricing on an annual basis; and
WHEREAS, Superior Ready-Mix Concrete and Martin Marietta submitted responsive bids for pickup of materials from vendor plants as requested in Section I.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the City of La Mesa, California, that the City Council intends to award Bid 25-04 for one year with four one-year options to renew, with the City Manager having sole and exclusive right to exercise the options on behalf of the City, to Superior Ready Mix Concrete and Martin Marietta with the bid award for each city, including sales tax, as: La Mesa, $440,435.67; Carlsbad, $93,209.14; Chula Vista, $274,035.19; El Cajon, $68,502.06; National City, $25,024.94; the San Diego Unified School District, $532,031.79; the San Dieguito Water District, $11,960.25; San Marcos, $90,887.13; and Santee, $27,745.63.
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July, 2024, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and exact copy of Resolution No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
ANNUAL TYPE "B" ASPHALT CONCRETE BID
BID 25-04JULY 1, 2024 - JUNE 30, 2025BID SCHEDULESECTION I: PICKUP (FOB VENDOR PLANT)1. 3/4" Max. Top (tons)2. 1/2" Max Top (tons)3. 3/8" Max. Top (tons)4. School Mix (tons)5. Sheet Mix A/C (tons)6. Cold Mix A/C (tons)7. Berm Mix A/C (tons)8. 3/4" Class II Base (tons)9. 3/4" Class II Base- Recycled (tons)10. SS1H Oil (gallons)11. RS-1 Oil (ALT offer SSH-1 ) (gallons)Sub-TotalSales TaxHaul Location (starting)Haul Distance (miles)Haul Penalty per Ton @ $0.23/mileTotal with Sales Tax and Haul PenaltySECTION II: DELIVERY (FOB DESTINATION)12. 1/2" Max. Top (tons)13. Cold Mix A/C (tons)14. RS-I Oil for Sealing (gallons)Sub-TotalSales TaxMaximum Allowable Unloading Time (minutes)Standby Time Cost per MinuteDelivery Notice Required (hours)SECTION III: OTHER15. Hauling Asphalt Spoil from Jobsites (cost per hour)Clean Asphalt Dump Fees (<10%) Drop-Off by Agencies 16. Bobtail Load (8 tons) 17. 10 Wheeler Load (13 tons) 18. Tri Axle Load (16 tons)Mixed-Load Dump Fees (>10%) Drop-Off by Agencies 19. Bobtail Load (8 tons) 20. 10 Wheeler Load (13 tons) 21. Tri Axle Load (16 tons)22. Warranty period for materialsSection I AwardSection II Award LA MESA CARLSBAD CHULA VISTA EL CAJON NATIONAL CITY SAN DIEGO UNIFIED S.D. SAN DIEGUITO WATER DISTRICT SAN MARCOS SANTEE BID EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST $ $ 32,680.00 $ 3,440.00 $ 8,600.00 $ 6,450.00 $ 12,900.00 86.00$ $ 304,500.00 $ 12,180.00 $ 174,000.00 $ 26,100.00 $ 10,875.00 $ 43 87.00 ,500.00 $ 21,750.00 $ 8,700.00 $ $ 33,120.00 $ 48,300.00 $ 9,200.00 $ 9,200.00 $ 9,200.00 $ 92.00 92,000.00 $ 23,000.00 $ 13,800.00 $ $ 17,100.00 $ 4,750.00 $ 237,500.00 $ 4,750.00 95.00$ $ 9,450.00 $ 7,350.00 $ 31,500.00 $ 6,300.00 $ 3,150.00 $ 105.00 63,000.00 $ 5,250.00 $ $ 2,997.00 $ 33,300.00 $ 5,550.00 $ 4,440.00 $ 11,100.00 $ 111.00 5,550.00 $ $ 1,890.00 $ 2,625.00 $ 2,100.00 $ 2,100.00 $ 42,000.00 $ 105.00 2,625.00 No Bid $ - $ - $ -
$9.00
$ $ 7,020.00 $ 3,575.00 $ 4,225.00 $ 975.00 $ 4,875.00 $ 6.50 1,950.00 $ 3,250.00 No Bid $ -
$ 408,757.00 $ 77,470.00 $ 254,325.00 $ 63,575.00 $ 23,225.00 $ 493,765.00 $ 11,100.00 $ 77,775.00 $ 25,750.00 $ 31,678.67 $ 6,003.93 $ 19,710.19 $ 4,927.06 $ 1,799.94 $ 38,266.79 $ 860.25 $ 6,027.56 $ 1,995.63 8152
Commercial
Street
405 Oak Avenue 1800 Maxwell Road 1050 Vernon Way 1237 McKinley 4860 Ruffner Street 160 Calle Magdalena, Encinitas 201 Mata Way 9534 Via Zapador 9 35.1 19.3 9 12 9.6 26.2 30.5 6.9
$ 10,463.85 $ 8,032.64 $ 12,074.08 $ 1,407.60 $ 1,255.80 $ 11,293.92 $ 5,423.40 $ 5,787.38 $ 396.75 $ 450,899.52 $ 91,506.56 $ 286,109.27 $ 69,909.66 $ 26,280.74 $ 543,325.71 $ 17,383.65 $ 89,589.94 $ 28,142.38 No Bid $ - $ - No Bid $ - $ - No Bid $ -
$ - $ - $ - $ - $ - $ - $ - $ -
No BidNo BidNo Bid
No
$ 50.00$ 50.00$ 50.00$ 275.00$ 325.00$ 350.00
1 Year
$ 440,435.67 $ 274,035.19 $ 68,502.06 $ 25,024.94 $ 532,031.79 $ 27,745.63
SUPERIOR READY MIX CONCRETE, MISSION GORGE
ANNUAL TYPE "B" ASPHALT CONCRETE BID
BID 25-04JULY 1, 2024 - JUNE 30, 2025BID SCHEDULESECTION I: PICKUP (FOB VENDOR PLANT)1. 3/4" Max. Top (tons)2. 1/2" Max Top (tons)3. 3/8" Max. Top (tons)4. School Mix (tons)5. Sheet Mix A/C (tons)6. Cold Mix A/C (tons)7. Berm Mix A/C (tons)8. 3/4" Class II Base (tons)9. 3/4" Class II Base- Recycled (tons)10. SS1H Oil (gallons)11. RS-1 Oil (ALT offer SSH-1 ) (gallons)Sub-TotalSales TaxHaul Location (starting)Haul Distance (miles)Haul Penalty per Ton @ $0.23/mileTotal with Sales Tax and Haul PenaltySECTION II: DELIVERY (FOB DESTINATION)12. 1/2" Max. Top (tons)13. Cold Mix A/C (tons)14. RS-I Oil for Sealing (gallons)Sub-TotalSales TaxMaximum Allowable Unloading Time (minutes)Standby Time Cost per MinuteDelivery Notice Required (hours)SECTION III: OTHER15. Hauling Asphalt Spoil from Jobsites (cost per hour)Clean Asphalt Dump Fees (<10%) Drop-Off by Agencies 16. Bobtail Load (8 tons) 17. 10 Wheeler Load (13 tons) 18. Tri Axle Load (16 tons)Mixed-Load Dump Fees (>10%) Drop-Off by Agencies 19. Bobtail Load (8 tons) 20. 10 Wheeler Load (13 tons) 21. Tri Axle Load (16 tons)22. Warranty period for materialsSection I AwardSection II Award LA MESA CARLSBAD CHULA VISTA EL CAJON NATIONAL CITY SAN DIEGO UNIFIED S.D. SAN DIEGUITO WATER DISTRICT SAN MARCOS SANTEE BID EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST $ $ 34,580.00 $ 3,640.00 $ 9,100.00 $ 6,825.00 $ 13,650.00 91.00$ $ 322,000.00 $ 12,880.00 $ 184,000.00 $ 27,600.00 $ 11,500.00 $ 46 92.00 ,000.00 $ 23,000.00 $ 9,200.00 $ $ 34,920.00 $ 50,925.00 $ 9,700.00 $ 9,700.00 $ 9,700.00 $ 97.00 97,000.00 $ 24,250.00 $ 14,550.00 $ $ 18,000.00 $ 5,000.00 $ 250,000.00 $ 5,000.00 100.00$ $ 9,720.00 $ 7,560.00 $ 32,400.00 $ 6,480.00 $ 3,240.00 $ 108.00 64,800.00 $ 5,400.00 $ $ 2,997.00 $ 33,300.00 $ 5,550.00 $ 4,440.00 $ 11,100.00 $ 111.00 5,550.00 $ $ 1,944.00 $ 2,700.00 $ 2,160.00 $ 2,160.00 $ 43,200.00 $ 108.00 2,700.00 No Bid $ - $ - $ - No Bid
$ $ 17,280.00 $ 8,800.00 $ 10,400.00 $ 2,400.00 $ 12,000.00 $ 16.00 4,800.00 $ 8,000.00 No Bid $ -
$ 441,441.00 $ 86,505.00 $ 271,960.00 $ 67,990.00 $ 24,440.00 $ 524,265.00 $ 11,100.00 $ 84,350.00 $ 31,750.00 $ 34,211.68 $ 6,704.14 $ 21,076.90 $ 5,269.23 $ 1,894.10 $ 40,630.54 $ 860.25 $ 6,537.13 $ 2,460.63 8152
Commercial
Street
405 Oak Avenue 1800 Maxwell Road 1050 Vernon Way 1237 McKinley 4860 Ruffner Street 160 Calle Magdalena, Encinitas 201 Mata Way 9534 Via Zapador
31.2 19.4 41 31.7 33.6 23.7 16.9 4.3 30.6
$ 36,274.68 $ 4,439.69 $ 25,649.60 $ 4,957.88 $ 3,516.24 $ 27,881.87 $ 3,498.30 $ 815.93 $ 1,759.50 $ 477,715.68 $ 90,944.69 $ 297,609.60 $ 72,947.88 $ 27,956.24 $ 552,146.87 $ 14,598.30 $ 85,165.93 $ 33,509.50 No Bid $ - $ - No Bid $ - $ - No Bid $ -
$ - $ - $ - $ - $ - $ - $ - $ -
No BidNo BidNo BidNo Bid
$ 50.00$ 50.00$ 50.00
No BidNo BidNo Bid
1 Year
$ 93,209.14 $ 11,960.25 $ 90,887.13
SUPERIOR READY MIX CONCRETE, ESCONDIDO
ANNUAL TYPE "B" ASPHALT CONCRETE BID
BID 25-04JULY 1, 2024 - JUNE 30, 2025BID SCHEDULE
LA MESA CARLSBAD CHULA VISTA EL CAJON NATIONAL CITY SAN DIEGO UNIFIED S.D. SAN DIEGUITO WATER DISTRICT SAN MARCOS SANTEE SECTION I: PICKUP (FOB VENDOR PLANT) BID EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST EXT. COST1. 3/4" Max. Top (tons) 87.00 $ $ 33,060.00 $ 3,480.00 $ 8,700.00 $ 6,525.00 $ 13,050.00 2. 1/2" Max Top (tons) 89.00 $ $ 311,500.00 $ 12,460.00 $ 178,000.00 $ 26,700.00 $ 11,125.00 $ 44,500.00 $ 22,250.00 $ 8,900.00 3. 3/8" Max. Top (tons) 95.00 $ $ 34,200.00 $ 49,875.00 $ 9,500.00 $ 9,500.00 $ 9,500.00 $ 95,000.00 $ 23,750.00 $ 14,250.00 4. School Mix (tons) 100.00 $ $ 18,000.00 $ 7,000.00 $ 5,000.00 $ 250,000.00 $ 5,000.00 5. Sheet Mix A/C (tons) 105.00 $ $ 9,450.00 $ 7,350.00 $ 31,500.00 $ 6,300.00 $ 3,150.00 $ 63,000.00 $ 5,250.00 6. Cold Mix A/C (tons) 100.00 $ $ 2,700.00 $ 30,000.00 $ 5,000.00 $ 4,000.00 $ 10,000.00 $ 5,000.00
7. Berm Mix A/C (tons) 100.00 $ $ 1,800.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 40,000.00 $ 2,500.00
8. 3/4" Class II Base (tons) 18.00 $ $ 9,000.00 $ 3,600.00 $ 14,400.00 9. 3/4" Class II Base- Recycled (tons) 9.50 $ $ 1,187.50 10. SS1H Oil (gallons) 4.00 $ $ 4,320.00 $ 2,200.00 $ 2,600.00 $ 600.00 $ 3,000.00 $ 1,200.00 $ 2,000.00 11. RS-1 Oil (ALT offer SSH-1 ) (gallons) no bid $ - $ - Sub-Total $ 424,030.00 $ 86,052.50 $ 253,600.00 $ 63,800.00 $ 27,375.00 $ 506,025.00 $ 24,400.00 $ 78,000.00 $ 25,150.00 Sales Tax $ 32,862.33 $ 6,669.07 $ 19,654.00 $ 4,944.50 $ 2,121.56 $ 39,216.94 $ 1,891.00 $ 6,045.00 $ 1,949.13 Haul Location (starting) 8152
Commercial
Street
405 Oak Avenue 1800 Maxwell Road 1050 Vernon Way 1237 McKinley 4860 Ruffner Street 160 Calle Magdalena, Encinitas 201 Mata Way 9534 Via Zapador Haul Distance (miles) 30 60 48 28 32 10 44 50 24Haul Penalty per Ton @ $0.23/mile $ 34,879.50 $ 13,731.00 $ 30,028.80 $ 4,379.20 $ 3,348.80 $ 11,764.50 $ 9,108.00 $ 9,487.50 $ 1,380.00 Total with Sales Tax and Haul Penalty $ 491,771.83 $ 106,452.57 $ 303,282.80 $ 73,123.70 $ 32,845.36 $ 557,006.44 $ 35,399.00 $ 93,532.50 $ 28,479.13 SECTION II: DELIVERY (FOB DESTINATION)12. 1/2" Max. Top (tons) no bid $ - $ - 13. Cold Mix A/C (tons) no bid $ - $ - $ - 14. RS-I Oil for Sealing (gallons) no bid $ - $ - Sub-Total $ - $ - $ - $ - Sales Tax $ - $ - $ - $ - Maximum Allowable Unloading Time (minutes) no bidStandby Time Cost per Minute no bidDelivery Notice Required (hours) no bidSECTION III: OTHER15. Hauling Asphalt Spoil from Jobsites (cost per hour) no bidClean Asphalt Dump Fees (<10%) Drop-Off by Agencies 16. Bobtail Load (8 tons) $ 400.00 17. 10 Wheeler Load (13 tons) $ 450.00 18. Tri Axle Load (16 tons) $ 500.00Mixed-Load Dump Fees (>10%) Drop-Off by Agencies 19. Bobtail Load (8 tons) $ 400.00
20. 10 Wheeler Load (13 tons) $ 450.00 21. Tri Axle Load (16 tons) $ 500.0022. Warranty period for materials 12 month Section I AwardSection II Award Martin Marietta
DATE: July 23, 2024
TO: Mayor and Members of the City Council
FROM: Council Subcommittee Members Patricia Dillard and Jack Shu SUBJECT: REGULATING THE RESIDENTIAL STORAGE OF FIREARMS At the City Council meeting of January 11, 2022, Vice-Mayor Shu introduced a Councilinitiated item regarding a draft ordinance regulating the residential storage of firearms for consideration and discussion. The Council-initiated item also included possible direction regarding a public information program on the safe storage of firearms.
Subsequently, the Council directed staff to return with a draft ordinance regulating the residential storage of firearms for its consideration.
The Council further directed staff to devise a public information program to promote education regarding laws that regulate firearm storage. a. Draft Ordinance
The attached draft ordinance does, among other things, the following:
● Recites data indicating the need and support for such an ordinance ● Defines “Locked Container” and “Trigger Lock” pursuant to the California Penal Code
● Renders it unlawful (an infraction) to keep a firearm within any residence (or accessory structure), unless the firearm is stored in a Locked Container or Trigger Lock
● Provides for a limited exception if the firearm is carried on the body of a person who is an authorized user of the firearm (or in their immediate control) Finally, it is important to note the draft ordinance is similar to San Diego County Ordinance No. 107765 (N.S.), which became effective on February 25, 2022.
b. Recommendation
The Council Subcommittee recommends that:
The Council introduce and conduct a first reading of the draft ordinance.
Attachments:
Draft Ordinance Regulating the Residential Storage of Firearms
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA MESA ADDING LA MESA MUNICIPAL CODE CHAPTER 10.30 REGULATING THE
RESIDENTIAL STORAGE OF FIREARMS
________________________________________________________________ WHEREAS, having a firearm in the home that is easily accessible to minors, individuals with mental health issues, and convicted felons, increases the dangers of firearm related injuries, deaths, and other crimes, creating a significant public safety concern; WHEREAS, research indicates that suicide rates and unintentional firearm related fatalities are lower in samples of households that store their firearms locked and unloaded; WHEREAS, research indicates that firearms are the second leading cause of death in children under the age of 20;
WHEREAS, data suggested that 54% of owners reported not storing all firearms in a locked location, with a trigger lock, or any other lock; WHEREAS, data suggests that 7% (4.6 million) of U.S. children live in homes where at least one firearm is unsecured;
WHEREAS, 41% of adolescents in gun owning households report having “easy access” to the guns in their homes;
WHEREAS, evidence shows that the presence of a firearm in a home with children substantially increases the risk of suicide and accidental shootings, but that these risks are lower in homes where firearms are secured;
WHEREAS, over the last two decades, the suicide rate of young people has slowly risen and has maintained at a number higher than the California state suicide rate; WHEREAS, suicide attempts are often impulsive, with evidence suggesting that 24% of nearly lethal suicide attempts by individuals 13-24 years old occurred within five minutes of their decision to attempt suicide;
WHEREAS, suicide attempts with a firearm are almost always fatal and studies show that suicide attempts are reduced when access to highly lethal means are reduced; WHEREAS, Analysis of scientific literature on firearm laws concludes that child firearm prevention laws reduce firearm self-injury (including suicides) and unintentional firearm injuries and deaths among children;
WHEREAS, Between 2005 and 2010, around 93% of firearm thefts occurred during property crimes, therefore requiring safe storage of firearms should reduce the number of firearms stolen during household burglaries or other property crimes; WHEREAS, the National Rifle Association (NRA) safety rules instruct gun owners to store guns unloaded so they are not accessible to unauthorized persons;
WHEREAS, the San Diego County Gun Owners Association (SDCGOA) recommends that firearms are stored locked or in a safe, especially around children; WHEREAS, the California Attorney General advocates for secure storage of firearms using safety devices, such as a cable lock, trigger lock or locked containers, such as a lock box or gun safe;
WHEREAS, the International Association of Chiefs of Police advocates for responsible firearms owners to secure firearms from theft and misuse by utilizing safes, trigger locks, and monitored alarm systems;
WHEREAS, the La Mesa City Council finds that this Ordinance addresses risks posed by unsecured firearms in the home and will help prevent accidental shootings, teen suicides, and residential firearm thefts;
WHEREAS, the La Mesa City Council finds and declares that this Ordinance will preserve the peace and protect public health, safety, and general welfare of residents of the City of La Mesa by reducing firearms-related injuries and crime to curb the public health epidemic of firearm violence in San Diego County; and
WHEREAS, this Ordinance is supported by many community organizations such as March for Our Lives San Diego Center for Gun Policy.
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: A new Chapter 10.30 is hereby added to the La Mesa Municipal Code to read as follows:
“RESIDENTIAL STORAGE OF FIREARMS
10.30.010 Definitions
10.30.020 Firearm Stored Outside Locked Container—Prohibited—Exceptions
10.30.030 Reporting Lost or Stolen Firearms
10.30.040 No Conflict with Federal or State Law
10.30.050 Severability
10.30.060 Violation—Penalty
10.30.010 Definitions
For the purposes of this chapter, the following definitions apply:
(a) Accessory Structure: A Structure attached to or detached from a primary Structure located on the same premises that is customarily incidental and subordinate to the primary Structure or use. The term accessory structure includes accessory buildings. (b) Authorized User: A person who is not legally prohibited from owning or possessing a firearm.
(c) Firearm: As defined in California Penal Code section 16520(a), as may be amended.
(d) Locked Container: As defined in California Penal Code section 16850, as may be amended.
(e) Person: As defined in Section 1.01.030(5) of this Code. (f) Residence: Any structure intended or used for human habitation including, without limitation, houses, condominiums, apartments, and mobile homes. (g) Trigger Lock: A Firearm safety device meeting the requirements in California Penal Code section 23635(a), as may be amended.
10.30.020 Firearm Stored Outside Locked Container—Prohibited—Exceptions (a) It is unlawful for any person to keep a Firearm within any Residence, including its Accessory Structures, unless the Firearm is stored in a Locked Container or disabled with a Trigger Lock.
(b) Exceptions. Subsection 10.30.020(a) shall not apply in the following circumstances:
(1) The Firearm is carried on the body of a person who is an Authorized User of the Firearm.
(2) The Firearm is in the immediate control of an Authorized User so that the Person can readily retrieve and use the Firearm as if carried on the Person's body.
10.30.030 Reporting Lost or Stolen Firearms
In order to encourage reports to law enforcement agencies of lost or stolen Firearms, a person who files a report with a law enforcement agency notifying the agency that a Firearm has been lost or stolen shall not be subject to prosecution for violation of this Chapter for the Firearm that is reported lost or stolen.
10.30.040 No Conflict with Federal or State Law
Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with federal or state law.
10.30.050 Severability
If any part of this Chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this Chapter.
10.30.060 Violation—Penalty
Pursuant to Section 1.01.080 of this Code, any violation of this Chapter shall constitute an infraction with penalties prescribed in accordance with California law.” SECTION 2: This Ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published at least once in the East County Californian within 15 days of its adoption.
INTRODUCED AND READ at a Regular meeting of the City Council of the City of La Mesa, California, held the 23rd day of July 2024, and thereafter PASSED AND ADOPTED at a Regular meeting of said City Council held the _____ day of _____________, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
MARK ARAPOSTATHIS, Mayor
ATTEST:
___________________________________
MEGAN WIEGELMAN, CMC, City Clerk
CERTIFICATE OF CITY CLERK
I, MEGAN WIEGELMAN, City Clerk of the City of La Mesa, California, do hereby certify the foregoing to be a true and correct copy of Ordinance No. 2024- , duly passed and adopted by the City Council of said City on the date and by the vote therein recited and that the same has been duly published according to law.
MEGAN WIEGELMAN, CMC, City Clerk
(SEAL OF CITY)
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 229 of 229