ICAC – SUBRECIPIENT A-1
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7 AGREEMENT BETWEEN THE CITY OF SAN DIEGO POLICE DEPARTMENT
INTERNET CRIMES AGAINST CHILDREN TASK FORCE
AND
MENIFEE POLICE DEPARTMENT
THIS AGREEMENT is made this day of __________________, 2025 in the City and County of San Diego, State of California, by and between the MENIFEE POLICE DEPARTMENT (“SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation (“SAN DIEGO" or "CITY"), acting by and through the SAN DIEGO POLICE DEPARTMENT ("SDPD"), referred to herein as the "Parties."
RECITALS
WHEREAS, the San Diego Police Department (“SDPD”) is the recipient of federal and state grant funds from the U. S. Department of Justice (USDOJ), Office of Juvenile Justice and Delinquency Prevention Department (OJJDP), and the California Governor’s Office of Emergency Management (Cal OES).
WHEREAS, in August 2014, the Parties entered into a Memorandum of Agreement for the period beginning August 5, 2014, to the end of federal funding or the MOU is canceled by either Party.
WHEREAS, SUBRECIPIENT and the SDPD continue to be the recipients of federal and state grant funds and have established a task force to detect, investigate, and prevent Internet Crimes Against Children (“ICAC”) and will continue to apply for grant funds in the future; and WHEREAS, the Parties now wish to enter into a new agreement for the period of January 1, 2024 to December 31, 2028, contingent on continued grant funding being awarded and received; and WHEREAS, SUBRECIPIENT intends to provide staff to this ICAC Task Force as described in Appendix C – Scope of Work, U. S. Department of Justice (USDOJ), Office of Juvenile Justice and Delinquency Prevention Department (OJJDP), and California Governor’s Office of Emergency Services ("Cal OES") ICAC Grant proposal, so long as SDPD continues to be the recipient of such grant funds; and WHEREAS, it is the express intent of the Parties, and consistent with the intent of the USDOJ OJJDP and Cal OES that this partnership occurs.
ARTICLE 1
DEFINITIONS
1.1Specific 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 thereunder) 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.
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7 (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 all funds allocated or disbursed to SUBRECIPIENT under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from the following:
1. California Governor’s Office of Emergency Services ICAC grant, as awarded during the Term of this Agreement, with a performance period from January 1st to December 30th; and/or
2.The US Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC grant, as awarded during the Term of this Agreement, with a performance period from October 1st to September 30th. (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 Appendix C - Scope of Work. If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the ICAC Commander 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. (g) “Indemnified Parties” shall mean: (i) the City of San Diego ("CITY"), including all commissions, departments including SDPD, agencies, and other subdivisions of the CITY; (ii) CITY’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 3.9 (a). (j)“ICAC Commander” shall mean the SDPD ICAC Project Manager (Detective Sergeant).
1.2Additional 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,” “subgrantee,” “successor,” or “assign,” herein refers only to a subcontractor, subgrantee, successor, or assign expressly permitted under Article 8.
1.3References 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 ICAC – SUBRECIPIENT A-3
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7 Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein,” or “hereto,” refer to this Agreement as a whole.
1.4Reference 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
2.1Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal grant requirements and guidelines, including USDOJ requirements, guidelines, information bulletins, and instructions, the decision-making of the USDOJ and the ICAC Commander, the terms and conditions of the grant award; the approved application, and to the extent applicable, the budget and fiscal provisions of the City of San Diego City Charter. The ICAC Commander 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 USDOJ and the ICAC Commander. 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 USDOJ and the ICAC Commander, 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.
2.2Certification 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 the money required for such contract, agreement, or obligation for such year is or will be in the treasury to the credit of the appropriation from which it is to be drawn and that it is otherwise unencumbered.”
ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1Duration of Term. The term of this Agreement shall apply retroactively to JANUARY 1, 2024, and shall end at 11:59 p.m. Pacific Standard Time on DECEMBER 31, 2028, or upon the exhaustion of Grant Funds, whichever occurs earlier
3.2Maximum 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), 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 3.9 (a) of this ICAC – SUBRECIPIENT A-4
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7 Agreement, approved by the ICAC Commander and CITY, before the CITY will disburse Grant Funds to SUBRECIPIENT.
3.3Use 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 purpose not set forth in the Grant Plan, 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 and unless the ICAC Commander or designee has provided written approval for the request. In addition, if the modification request requires approval from the granting agency, as determined by the ICAC Commander in conjunction with the SDPD Grants Coordinator, SUBRECIPIENT shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the ICAC Commander and/or the granting agency. (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) Training:
1. SUBRECIPIENT agrees to make Investigators, designated as ICAC Task Force members, available for applicable specialized training provided through the national ICAC Program and other appropriate training programs.
2. The Task Force Commander has the authority to send the designated SUBRECIPIENT Investigator to training deemed appropriate based on the needs of the ICAC Task Force.
3. The San Diego Police Department will provide funding for ICAC Task Force-related training expenses of the SUBRECIPENT’s Investigator, exclusively from ICAC Program Grant Funds.
These expenses include travel, lodging, per diem, and incidental expenses in an amount not to exceed the current United States General Service Administration Domestic Per Diem Rates.
4. The training must be approved by the ICAC Task Force Commander before attending said training.
(f) Reimbursement:
1. When seeking reimbursement for training, travel, and/or ICAC Task Force-related equipment whose purchase was authorized by the ICAC Commander, SUBRECIPIENT shall submit a ICAC – SUBRECIPIENT A-5
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7 detailed statement of expenses in a prescribed format to the ICAC Program Coordinator within 30 days following the end of each quarter.
2. Any requests for reimbursement submitted 30 days after the statement is due will not be accepted and reimbursement will not be owed.
3. The San Diego Police Department shall make every effort to process the invoices in a timely manner, so that SUBRECIPIENT is reimbursed at the agreed-upon rate within a reasonable period of time.
3.4Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall require all subgrantees, contractors, and other entities receiving Grant Funds through or from SUBRECIPIENT to execute a copy of the Grant Assurances and shall ensure that they comply with those Grant Assurances.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, USDOJ grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by USDOJ or the ICAC Commander. SUBRECIPIENT shall require and ensure that all subgrantees, contractors, and other entities receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, USDOJ grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by the USDOJ or the ICAC Commander. (c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of SAN DIEGO and the ICAC Commander, including but not limited to the ICAC Operational and Investigative Standards as they may from time to time exist and be provided to SUBRECIPIENT, 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 ICAC Commander in any evaluation, inspection, planning or monitoring activities conducted or authorized by USDOJ or the CITY.
For ensuring compliance with non-supplanting requirements, upon request by CITY or the ICAC Commander, 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.
3.5Administrative, Programmatic, and Financial Management Requirements.
SUBRECIPIENT shall establish and maintain administrative, programmatic, and financial management systems, and records in accordance with federal requirements.
This provision requires, at a minimum, that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to USDOJ grants, as applicable to this Agreement and the Grant Plan:
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7 (a) Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal statutes, regulations, requirements, policies, guides, guidelines and instructions.
(b) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over $250,000 or any vehicle, aircraft, or watercraft financed with Grant Funds.
3.7Subgrantee and Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor, or other entity receiving Grant Funds through or 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 subgrantee, contractor, or other entity.
SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of the “Excluded Parties List System,” to assure that it does not provide Grant Funds to excluded Parties. SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its grantees and subgrantees, including 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 subgrantee, contractor, or other entity receiving Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any subgrantee, contractor, or other entity receiving Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001, Requirements for Drug-Free Workplace (Financial Assistance).
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7 3.8Monitoring Grant Performance.
(a) The CITY is 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. Monitoring may involve a combination of remote and/or 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 National Incident-Based Reporting System (NIBRS) Project Manager 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, if applicable; and
4. Confirming compliance with: Grant Assurances; information provided on performance reports and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any subgrantee, 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 USDOJ 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.
3.9Disbursement Procedures. CITY shall disburse Grant Funds to SUBRECIPIENT as follows:
(a) SUBRECIPIENT shall submit to the ICAC Commander, in the manner specified for notices pursuant to Article 9, a Reimbursement Request containing a summary of all charges for the period, with the corresponding supporting documentation. The ICAC Commander shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request. (b) The ICAC Commander in conjunction with the SDPD Grants Coordinator, will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The ICAC Commander will return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by either the ICAC Commander and/or the SDPD Grants Coordinator, with a brief statement of the reason for the rejection of the Reimbursement Request. (c) 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 NIBRS Project Manager and the SDPD Grants Coordinator. (d) 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.
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7 3.10Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from CITY for an expenditure that is later disallowed by 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.
3.11Sustainability. 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.
3.12National 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).
3.13Royalty-Free License. SUBRECIPIENT understands and agrees that the USDOJ reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds.
SUBRECIPIENT shall consult with the ICAC Commander and USDOJ regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.
3.14Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement acknowledge awarding agency assistance. An acknowledgement of support shall be made through use of the following or comparable footnote: “This project was supported by the ICAC grant awarded by the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Program (OJJDP)”.
3.15Performance Period. SUBRECIPIENT shall ensure that hard copies of all Reimbursement Requests and supporting documentation will be submitted to the ICAC Commander by the end of the project.
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational, and other reports, as requested by the ICAC Commander, in form and substance satisfactory to the ICAC Commander and the SDPD Grants Coordinator.
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7 4.2Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the ICAC Commander and CITY immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in Article 5 to be false or misleading at any time during the term of this Agreement; and (c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.
4.3Books 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 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 the USDOJ has been fully completed, whichever is later.
4.4Inspection and Audit. SUBRECIPIENT shall make available to the ICAC Commander, SDPD Grants Coordinator, 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 ICAC Commander, SDPD Grants Coordinator, and CITY employees and authorized representatives, to inspect, audit, examine, and make excerpts and transcripts from any of the foregoing. The rights of the ICAC Commander 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 USDOJ, and the Comptroller General of the United States or designee, shall have the same inspection and audit rights as the CITY and the ICAC Commander. SUBRECIPIENT shall cooperate with any federal audit.
4.5Audit 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 ICAC Commander 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:
5.1No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the ICAC Commander 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.
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7 5.2Eligibility 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.
(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.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1Indemnification. 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, subgrantees or agents; (d) any loss of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT, or by any of its employees, subgrantees 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, subgrantees, 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.
6.2Duty 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 ICAC – SUBRECIPIENT A-11
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7 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 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.
6.3Incidental 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.
6.4LIMITATION ON LIABILITY OF CITY 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
7.1Events 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 ICAC Commander or to CITY under this Agreement is found by the ICAC Commander 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 ICAC – SUBRECIPIENT A-12
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7 officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT’s property or, (v) takes action for the purpose of any of the foregoing. (e)Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee, or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency, or other debtors' relief law of any jurisdiction or, (iii) ordering the dissolution, winding-up, or liquidation of SUBRECIPIENT.
7.2Remedies 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 ICAC Commander, SDPD Grants Coordinator, 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 ICAC Commander 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.
7.3Termination for Convenience.
(a) Either Party shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. The Party terminating the agreement shall exercise this option by giving the other Party thirty (30) days’ written notice of termination. The notice shall specify the date on which termination shall become effective. (b) Upon receipt of the notice by the Party terminating the agreement, the other Party shall commence and perform, with diligence, all actions necessary on its part to effect the termination of this Agreement on the date specified and to minimize the liability of the other Party and to third parties as a result of termination. All such actions shall be subject to the prior approval of the ICAC Commander, in conjunction with the SDPD Grants Coordinator.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the ICAC Commander 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 ICAC – SUBRECIPIENT A-13
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7 SUBRECIPIENT if the Authorized Expenses received prior approval from the ICAC Commander, in conjunction with the SDPD Grants Coordinator as specified in subparagraph (b). (d) In no event shall CITY be liable for costs incurred by SUBRECIPIENT or any of its contractors or subgrantees after the termination date specified by CITY. (e) CITY’S payment obligation under this Section shall survive termination of this Agreement.
7.4Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to CITY at law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
ARTICLE 8
ASSIGNMENTS
8.1No 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 ICAC Commander in conjunction with the SDPD Grants Coordinator; provided, however, that any contractor or subgrantee specifically referenced in Appendix A shall not require the consent of the ICAC Commander.
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.
8.2Agreement 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.
8.3SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) deposited in the U. S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below):
ICAC – SUBRECIPIENT A-14
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7 If to CITY of San Diego ICAC Commander:
San Diego Police Department
Investigations I/ICAC
9444 Balboa Avenue #375
San Diego, CA 92123
Attention: Detective Sergeant Garrick Nugent
Phone: 858-715-7120
If to SUBRECIPIENT:
MENIFEE POLICE DEPARTMENT
29714 Haun Road, Unit A
Menifee, CA 92586
Attention: Chris Karrer, Chief of Police
Phone: 951-723-1500
9.2Effective 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.
9.3Change 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 ICAC Commander.
ARTICLE 10
MISCELLANEOUS
10.1No Waiver. No waiver by CITY of any default or breach of this Agreement shall be implied from any failure by the ICAC Commander or CITY to take action on account of such default if such default persists or is repeated. No express waiver by CITY 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 CITY 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 ICAC Commander and/or the SDPD Grants Coordinator 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.
10.2Modification. 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 ICAC Commander or designee may establish alternate procedures for modification of the Grant Plan.
10.3Governing 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.
10.4SUBRECIPIENT 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 ICAC – SUBRECIPIENT A-15
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7 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.
10.5Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
10.6Entire 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 are a part of this Agreement:
•Appendix A, SUBRECIPIENT Award Letter
•Appendix B, Grant Assurances
•Appendix C, ICAC Scope of Work
10.7Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT shall deliver to CITY 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.
10.8Severability. 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.
10.9Successors; 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.
10.10Survival 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 Grant Assurances of Appendix B.
10.11Further 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.
10.12Disclosure 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, ICAC – SUBRECIPIENT A-16
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7 SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.
1. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of Federal Domestic Assistance program number; e) Award title (descriptive of the purpose of the funding action); f) Location of the entity and primary location of performance including city, state, and congressional district;
g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and, h) Total compensation and names of top five executives (same thresholds as for prime recipients).
2. 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. No Employer/Employee Relationship. The ICAC Task Force does not directly or indirectly employ personnel assigned to the task force. The ICAC Task Force is established for the coordination of applicable investigations and does not establish employer/employee relationships with the personnel assigned to the ICAC Task Force from any participating agency.
ARTICLE 11
INSURANCE
11.1Types 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, Non-Owned, and Hired auto coverage, as applicable.
ICAC – SUBRECIPIENT A-17
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7 11.2Additional 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, 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.
11.3Additional 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 affect 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.
11.4Additional 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.
11.5Required 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.
11.6General 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.
11.7Lapse 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.
11.8Evidence 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.
11.9Effect of Approval. Approval of the insurance by CITY shall not relieve or decrease the liability of SUBRECIPIENT hereunder.
11.10Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or subgrantee will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the ICAC – SUBRECIPIENT A-18
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7 subcontractor or subgrantee shall provide all necessary insurance and shall name the CITY, its officers, agents, and employees and the SUBRECIPIENT as additional insureds.
11.11Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self- insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide proof of self-insurance, in a form acceptable to CITY, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee, CITY employee working with SUBRECIPIENT or any subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of 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.
12.2Conflict 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 constitute 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.
12.3Compliance 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.
ARTICLE 13
AUTHORITY
13.1 Authority to Execute Agreement. By signing below, the SUBRECIPIENT certifies that they have the proper authority to enter into this Agreement and have obtained all prerequisite written authority required by the SUBRECIPIENT governing body, if applicable.
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:
______________________________________ _______________________________________ Chief of Police Armando G. Villa, City Manager
ICAC – SUBRECIPIENT A-19
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7 City of San Diego City of Menifee
Federal Tax ID #: 94-3439857
Approved as to Form: Approved as to Form and Legality:
Mara W. Elliott Jeffrey T. Melching
City Attorney City Attorney
By: ___________________________________ ______________________________________ City Attorney City Attorney ICAC – SUBRECIPIENT A-20
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7 Appendix A — SUBRECIPIENT Award Letter
June 10, 2024
Chis Karrer, Chief of Police
Menifee Police Department
29714 Haun Road, Unit A
Menifee, CA 92586
SUBJECT:NOTIFICATION OF SUBRECIPIENT SUBAWARD APPROVAL
Internet Crimes Against Children Task Force Continuation Grant Grant 15PJDP-21-GK-03811-MECP and the California Governor’s Office of Emergency Services (Cal OES) ICAC Grant IC23 14 7919
Once your completed MOU and Grant Assurances are signed and received in our office, you may request reimbursement of eligible grant expenditures.
Following acceptance of this award, you must sign and return the Memorandum of Understanding as well as the Grant Assurances. Your agency must coordinate with the SDPD ICAC Commander to prepare and submit monthly reports for the duration of the grant period or until your agency completes all activities and the grant is formally closed. Failure to submit required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Part 200. Any funds received in excess of current needs, approved amounts, or those funds owed as a result of a final review or audit, must be refunded to the City of San Diego within 30 days upon receipt of an invoice from the City of San Diego.
Your dated signature is required on this letter. Please sign and return the original to Jose Luis Romo, San Diego Police Department Grants Coordinator at 1401 Broadway, San Diego, CA 92101 within 20 days of receipt and keep a copy for your files.
Sincerely,
_____________________________________ __________________________ Chief of Police Date
City of San Diego
____________________________________ __________________________ Armando G. Villa, City Manager Date
City of Menifee
ICAC Program Grant Assurances B-1 Initials _______
Appendix B-- Grant Assurances
Name of Jurisdiction: Menifee Police Department
Name of Authorized Agent: Armando G. Villa, City Manager Address: 29714 Haun Road, Unit A City: Menifee State: California Zip Code: 92586 Telephone Number: 951-723-1500
E-Mail Address: [email protected]; [email protected] Standard Assurances
For Federal and California Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for Federal and California 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.
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 Grant Program Guidelines, including the DOJ Grants Financial Guide, as currently stated and as may be amended from time to time; and
d) Cal OES Subrecipient Handbook, as currently stated and as may be amended from time to time.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are housed in Title 2, Part 200 of the Code of Federal Regulations (CFR) and in updates issued by the Office of Management and Budget (OMB) on http://www.whitehouse.gov/omb/.
Significant federal grant award requirements (some of which appear in the documents listed above) are called out below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
a. That 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. b. That Grant Funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body.
c. That the official executing this agreement is, in fact, authorized to do so.
This Proof of Authority must be maintained on file and readily available upon demand.
ICAC Program Grant Assurances B-2 Initials _______
2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the U. S. Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
Finally, the Applicant agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation, or policy without the express written approval from the Federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. The Applicant certifies that it and its principals:
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; ICAC Program Grant Assurances B-3 Initials _______
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (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 Federal statutes relating to non-discrimination. These include, but are not limited to, the following:
a. Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 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, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d. Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA (42 U.S.C. 12101, et seq.);
e. Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age;
f. Drug Abuse Office and Treatment Act of 1972) (P.L. 92-255), as amended (P.L. 96-181), relating to nondiscrimination on the basis of treatment or recovery from drug abuse; g. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
h. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; j. EO 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin;
k. EO 11375, which bans discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors; l. California Public Contract Code §10295.3, which addresses discrimination based on domestic partnerships;
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) which may apply to the application.
6. Drug-Free Workplace
ICAC Program Grant Assurances B-4 Initials _______
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will or will continue to provide a drug-free workplace and a drug-free awareness program as outlined in the Act.
7.Environmental Standards
The Applicant will comply with State and Federal environmental standards which may be prescribed pursuant to the following, as applicable:
a. 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;
b. Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Orders (EO) on the Environmental Justice Act (EO 12898) and Environmental Quality (EO 11514); c. Notification of Environmental Protection Agency (EPA) violating facilities pursuant to EO 11738;
d. Protection of wetlands pursuant to EO 11990;
e. Evaluation of flood hazards in floodplains in accordance with EO 11988; f. 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.); g. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 et seq.); h. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523);
i. Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205);
j. 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.
Finally, the Applicant shall not be: 1) in violation of any order or resolution promulgated by an air pollution district; or 2) finally 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 cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States, through any authorized representative, access to and he 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 employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
ICAC Program Grant Assurances B-5 Initials _______
11. Financial Management
False Claims for Payment
The Applicant will comply with 31 U.S.C §3729 which sets forth that no subgrantee, recipient, or subrecipient shall submit a false claim for payment, reimbursement, or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non-Federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information.
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C. §6101 et seq.
13. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of 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.
14. Labor Standards
The Applicant will comply with the following federal labor standards:
a. Comply with the provisions of 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. b. Comply with the Federal Fair Labor Standards Act (29 U.S.C. §201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals, and other non-profit organizations.
15. Property-Related
If applicable to the type of project funded by this Federal award, the Applicant will:
a. Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchase. b. Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
ICAC Program Grant Assurances B-6 Initials _______
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), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.).
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.
16. 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 regards to the drafting, review, and approval of construction plans and specifications. c. Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed 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.
17. 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 which is under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. The Applicant should also consult its own State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process.
DEPARTMENT OF JUSTICE - BUREAU OF JUSTICE STATISTICS –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
18. Hotel and Motel Fire Safety Act of 1990
All subrecipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with Section 6 of the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225a.
19. Terrorist Financing E.O. 13224
All subrecipients must comply with U. S. Executive Order 13224 and U. S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of subrecipients to ensure compliance with the E.O. and laws.
20. USA Patriot Act of 2001
All subrecipients must comply with the 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.
ICAC Program Grant Assurances B-7 Initials _______
State Regulations
1.Subrecipient acknowledges awareness of, and the responsibility to comply with all state and federal civil rights laws. The Subrecipient certifies it will not discriminate in the delivery of services or benefits based on any protected class and will comply with all requirements of the Cal OES Subrecipient Handbook section 2.020.
2.Subrecipient certifies it will promote Equal Employment Opportunity by prohibiting discrimination or harassment in employment because of any status protected by state or federal law and will comply with all requirements of the Cal OES Subrecipient Handbook section 2.025.
3.The Subrecipient certifies it will comply with the Drug-Free Workplace Act of 1990 and all other requirements of the Cal OES Subrecipient Handbook section 2.030.
4.The Subrecipient certifies that, if the activities of the Grant Subaward meet the definition of a “project” pursuant to the CEQA, Section 20165, it will comply with all requirements of CEQA and of the Cal OES Subrecipient Handbook section 2.035.
5.The Subrecipient certifies it will not use Grant Subaward funds, property, or funded positions for any lobbying activities and will comply with all requirements of the Cal OES Subrecipient Handbook sections 2.040 and 4.105.
IMPORTANT
The purpose of the assurance is to obtain federal financial assistance, including any and all federal grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that federal financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of Grant Funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for USDOJ or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the USDOJ determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts.
The undersigned represents that he/she is authorized by APPLICANT to enter into this agreement for and on behalf of APPLICANT.
Signature of Authorized Agent: (Armando G. Villa, City Manager) Printed Name of Authorized Agent:
Title: Date: