HomeMy WebLinkAboutThe City of San Diego Office of Emergency Services; 2021-08-24;AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE CITY OF CARLSBAD FOR THE DISTRIBUTION OF FY 2020 UASI GRANT FUNDS THIS AGREEMENT is made this day of..L....11a.o.z1X~~-L.-' 2o'.2f in the City and County of San Diego, State.of California, by and between the Ci ofCarhlad ("SUBRECIPIENT") and the CITY OF SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services ("SD OES"), also referred to as the San Diego Office of Homeland Security ("SD OHS"). RECITALS WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism. the San Diego Urban Area ("SDUA'') was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative ("UASI") program grant funds; and WHEREAS, The Urban Area Working Group ("UA WO"), 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 UASJ 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 ofthe 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 UASl 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 S:OUA; and WHEREAS,. Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: FY 20 VASI -SUBRECIPIENT Page I of20 September I, 2020
ARTICLE l
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized tenns (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 fotih in Section 7.1.
(d) "Fiscal Ouarte,r" shall mean each period of three calendar months commencing on July
1, October 1, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT
(DUNS#: 0733~~$~2 under this Agreement. This Agreement shall specifically cover funds allocated
or disbursed from Cal OES Grant No. 2020-0095, Cal OES ID No. 073-66000, CFDA No. 97.067, per
Cal OES award notice dated October 23, 2020.
(t) "Grant Plan" shall mean the plans, perfonnances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described in the approved Financial
Management Fo1ms 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" sha11 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. l0(a).
(i) "Simplified Acquisition Threshold" means the dollar amount below which a non-
Federal entity may purchase prope1ty or services using small purchase methods.
(k) "DASI 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 UA WO.
(I) "Pass-th.rough entity" shall mean a non-Federal entity that provides a sub award to a
subrecipient to carry out part of a Federal Program.
FY 20 UASI -SUBRECIPlENT Page 2 of20 September J, 2020
1.2 Additional Terms. The terms "as directed," "as required" or "as pe1mitted" 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 I 0.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terins 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 .
. ARTICLE2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OBS 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 0ES 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 fw1ds, 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 Chart~r:
"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 20 UASI -SUBRECIPIENT Page 3 of 20 September 1, 2020
ARTICLE3
PERFORMANCE OF THE AGREEMENT
3 .1 Duration of Term. The term of this Agreement shall commence on SEPTEMBER 1, 2020
and shall end at 11 :59 p.m. San Diego time on APRIL 30, 2023.
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 Reim butsement Request under Section 3. l O 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. SUB RECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections· l. t(f) and 10.2 of this Agreement,
SUBRECIPIENT may s.ubmit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or ex.pend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OBS 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 OBS 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 fw1ds,
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 Ftmds.
3.4 Grant 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 fo1ih herein.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with
all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bulletins, Cal OES grari.t management memos, and instructions; the terms and conditions of
the grant award; the approved application~ and any conditions imposed by Cal OBS or the Approval
Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving
Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,
FY 20 UASI -SUBRECIPIENT Page 4 of20 September 1, 2020
requirements, policies, guides, guidelines, information bulletins, Cal OBS grant management memos, and
ins1ructions; the tenns and conditions of the grant award; the approved application, and any conditions
imposed by Cal OBS 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 DRS, 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:
3.6
(a) Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements/or Federal Awards (formerly 44 CFRPart 13, 0MB Circulars A-21,
A-87, A-89, A-102, A-110, A-122, and A-133).
· (b) Cost Principles:
I. 2 CFR Part 200, Subpart E -Uniform Administrative Requirements, Cost Principles,
· . and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, 0MB
Circulars A-21, A-87, A-89, A-102, A-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:
l. 2 CFR Part 200 Subprui F -Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, 0MB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
Technology Requirements.
(a) National Information Exchange Model ('1NIEM11). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language (11XML11) for all
awards of Grant Funds.
(b) Geospatial Guidance. SUB RECIPIENT is encouraged to use Geospatial technologies,
which .can captme, 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.
FY 20 UASI ~ SUBRECIPIENT Page 5 of20 September 1, 2020
( 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.
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 SUB RECIPIENT using Grant Funds must
contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract
Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.326.
(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase intei;operable
communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
IfSUBRECIPIENT 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 fill 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 simpHfied acquisition threshold (2C.F.R. § 200.88) or any vehicle, aircraft or
watercraft financed with Grant Funds.
(d) Non-Competitive Procurement Requirements. UASI Management Team prior approval is
required for any procurement made withoutadvertisement 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 DASI Management Team for CalOES approval
for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.88);
( e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement
Authorization request to the UASI Management Team for approval to procure using the Federal supply
schedule, prior t0 expending any grant funds.
3.8 Contractor Requirements~
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity
receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as
implemented at 2 CFR Part 3000. SUBRECIPIENT 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. S-UBRECIPIENT 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.
SUBRECJPIENT 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.
FY 20 UASI -SUBRECIPIENT Page 6 of20 September 1, 2020
(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 CPR Part 3001, Requirements for Drug-Free
Workplace (Financial Assistance).
3 .9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic
monitoring reviews 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: Grant Assurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement
includes but is not limited to mandatory on-site verification visits.
( c) If after any monitoring review, the OHS 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. IO 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 A1iicle 9, a document ("Reimbursement Request") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
(b) The UASI Management Team will review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team wil1
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.
FY 20 UASI -SUBRECIPIENT Page 7 of20 September 1, 2020
( d) If a rejection relates only to a portion of the expenditw·es 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 SUB RECIPIENT 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 an101mt 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 Fw1ding
ends. IfBquipment 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 ("BHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OBS and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact BHP 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 OBS 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 ERP review, and 1mplement any treatment or
mitigation measures deemed necessary to address potential adverse impacts. With prior approval of tile
UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing
documepts and/or implementfog treatment or mitigation measures. Any change to the approved project
scope of work will require re-evaluation for compliance with BHP 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 Conimunication Commission ("FCC';) BHP process before preparing its Cal
OBS/FEMA BHP materials, and shall include the FCC BHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
BHP review and approval will not be eligible for reimbursement. Failure ofSUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
FY 20 DASI -SUBRECIPIENT Page 8 of20 September 1, 2020
may be placed on the project as the result ofFEMA's and/or Cal OES.'s BHP 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, paii 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 of2005; 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 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 DASI 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 .1 7 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 A ward 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. ·
ARTICLE4
REPORTING REQUIRElVIENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial,
operational and other reports, as requested by the DASI Management Team, in form and substance
satisfactory to the UASI Management Team. Such rep011s, 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) ai1y 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.
4.3 Books and Records. SUB~CIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
FY 20 UASI -SUBRECIPIENT Page 9 of20 September 1, 2020
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. SUB RECIPIENT 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
OBS 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 OBS shall have the same
inspection and audit rights as the City ·and UASI Management Terun. 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.
ARTICLES
REPRESENTATIONS AND WARRANTIES
SUBRECIPIE T 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 DASI
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 whi.ch 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 CPR 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
CFRPart9.
FY 20 UASI -SUBRECIPIENT Page 10 of20 September 1, 2020
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFRPart 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 Ol\.18
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 (11NIMS11) _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. ·
ARTICLE6
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 SUB RECIPIENT 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;(±) any tax,fee, assessment or other charge for
which SUBRECIPIENT is responsible under Section I 0.4; or (g) any infringement of patent rights,
copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence
of the use by any Indemnified Paity 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 comprom1se 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 Pruiy and SUBRECIPIENT. An Indemnified Pru·ty1s failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Party pursuru1t to Section 6.1, unless such failure rnateria11y 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 iri
liability with respect thereto.
FY 20 UASI -SUBRECIPIENT Page 11 of 20 September 1, 2020
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
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, INCLUDrNG LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEivfENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7 .1 Events of Default. The occurrence of any one or more of the following events shall constitute an
11Event 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 DASI 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 perfonned or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for aperiod·often (10) days
after the date on which such performance or observance is due.
. .
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is genei•ally 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 talce advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) malces 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 SUB RECIPIENT or of any substantial part of SUBRECIPIENT' s property
or (v) talces 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 debtors1 relief law of any jurisdiction or
(iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
FY 20 UASI -SUBRECIPIENT Page 12 of20 September 1, 2020
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 SUB RECIPIENT 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 SUB RECIPIENT 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, SUB RECIPIENT shall commence and perform, with
diligence, all actions necessary on the part of SUB RECIPIENT to effect the termination of this
Agreement on the date 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
DASI 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
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
FY 20 UASI -SUBRECIPIENT Page 13 of20 Sep tern ber 1, 2020
ARTICLES
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any po1iion of this Agreement or any rights,
duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the VASI
Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the
interest of SUBRECIPJENT involuntarily or by operation of law without the prior written consent of
City. A change ofownership 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. SUBREClPIENT 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.
ARTICLE9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, (b) hand delivered or (c) sent via
facsimile (if a facsimile number is provided below):
If to City of San Diego Office of Emergency Services UASI Management Team;
San Diego Office of Emergency Services
9601 Ridgehaven Court, MS 1101 C
San Diego, CA 92123
Attn: Katherine Jackson, Program Manager
Facsimile No.: (619) 533-6786
lf to SUBRECIPIENT:
OFFICE City of Carlsbad
ADDRESS 2.560 Orion Way
CI~Y, STATE, ZIP Carlsbad, CA 92010
AT TN ,Jennie Marinov
FACSIMILE 760-929-0256
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date ofreceipt 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 pa1ty to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
confirmation of rec~ipt 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.
FY 20 UASI -SUBRECIPIENT Page 14 of 20 September 1, 2020
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 DASI
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 ofany 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
morufication 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 hot be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes a11 other oral or written provisions. The following Appendices are attached to and a pa1i of
this Agreement:
• Appendix A, SUBRECIPIENTAward Letter
• Appendix B, Grant 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 ana complete by the appropriate authorized ·
representative of SUBRECIPIENT.
10.8 Severability. Should the application of a:ny provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
FY 20 UASI -SUBRECIPIENT Page 15 of20 September 1,2020
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the patties 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 A1iicle 8, the terms of this
Agreement shall be biriding 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 SUB RECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, 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
Goverrunent Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (0MB), all new Federal awards of $25,000 or more as of October 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 SUB.RECIPIENT letterhead within 30 days
of receipt of this Agreement.
1. The Total compensation and nan1es 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 avaiJable equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds. ·
FY 20 UASI -SUBRECIPIENT Page 16 of20 September 1, 2020
( c) To appropriately recognize the regional collaborative nature of grant funded planning
projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning
process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
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 11ot 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.
ll.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, SUBRECIPIBNT hereby agrees to waive subrogation which any insurer of
SUBRECIPIE. T may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIE T 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 canc.ellation of coverages for any reason.
otices shall be sent to the City address in A1iicle 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 20 UASI -SUBRECIPIENT Page 17 of 20 September 1, 2020
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 tliat 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 $Ole 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 wi11 be used to
complete any portion of this Agreement, SUBRBCIPIENT 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 self-
insuring all or pa.ii 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 SUBRECI.PIENT, 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 Agreeinent, 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. SUB RECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
FY 20 DASI -SUBRECIPIENT Page 18 of20 September 1, 2020
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.
FY 20 UASI -SUBRECIPIENT Page 19 of20 September 1, 2020
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY OF SAN DIEGO:
MEGANBEAL
INTERIM PROGRAM MANAGER
OFFICE OF EMERGENCY SER VICES
Approved as to Form:
Mara W. Elliott
City Attorney -l)
By:J4_JL~ --~
eputy City Attorney
FY 20 UASI -SUBREClPlENT
Federal Tax ID#: 95-6004793
Page 20 of20
APPROVED AS TO FORM
Celia A. Brewer, City Attorney
Br.,~SJGiJ Asstiuty City Attorney
City of Carlsbad. CA
September I, 2020
foe Cit'· of
SA OIEG
Office of Homeland Security
May 20, 2021,
Scott Chadwick
City Manager
City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA 92008
Appendix A -SUBRECIPIENT Award Letter
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2020 Homeland Security Grant Program
Grant# 2020-0095 Cal OES [D# 073-66000
Sub-recipient Performance Period: September I, 2020 to December 3 I, 2022
Sub-recipient:
The San Diego Office of Homeland Security (SD OHS) has approved your FY20 Urban Area Security
l.nitiative (UAS[) award.
Activities:
All Projects
Project 024 -Goal 3: Training, Exercises and Conferences 2
Amount:
$28,988
$28,988
Reimbursement Claim
Due Date:
December 15, 2022
2 Training Conduct and Pa1ticipation funds are limited to approved courses {see Attachment A).
During the application process, the Regional Technology Partnership (RTP) vetted and the Urban Area
Working Group (UA WG) approved your project(s). Throughout the grant cycle, SD OHS will use
perfonnance milestones set in the HSGP application as indicators ofperfonnance and this information may
be· used in assessing future competitive grant applications. All activities fonded with this award must be
completed within the sub-recipient perfonnance period.
You are required to comply with aH applicable federal, state, and local environmental and historic
preservation (EHP) requirements. Additionally, Aviation/Watercraft requests, projects requiring EHP
review, federal schedule and sol.e source procurement requests, regardless of dollar amount, require prior
approval from OHS and the California Governor's Office ofEmergency Services (Cal OES). Sub-recipients
must obtain written approval for.these activities prior to incurring any costs, in order to be reimbursed for
any related costs under this grant. Sub-recipients are also required to obtain a performance bond prior to the
purchase of any equipment item over $250,000, including any aviation or watercraft financed with
homeland security dollars. Performance bonds must be submitted to your UASI Program Representative no
later than the time of reimbursement.
FY20 UASI -Subrecipient A-1
T (619) 533-6760
;.-an<lht~l:i.}:'1<.111
September I, 2020
May 20, 2021
Page2
Following acceptance of this award, you must sign and return the SD OHS Memorandum of Understanding
(MOU) as well as the Cal OES sta11dard assurances. Once yonr completed MOU and standard assurances
are signed and received by our office, you may request reimbursement of eligible grant expenditures.
Your agency must coordinate with SD OHS to prepare 1111d submit qua1terly projections and milestone
reporting via email so that SD OHS can comply with the semi-annual BSIR reporting for the
duration of the grant period or until you complete all activities and the grarit is formally closed. Failure
to submit required reports could result in grant reduction, suspension, or termination.
This grant is subject to all provisions of 2 CFR Patt 200. Any funds received i11 excess of current needs,
approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD
OHS within 30 days upon receipt of an invoice from SD OHS.
Your dated signature is required on this letter. Please· sign and return the original to your UASI Program
Representative at 960 l Ridgehaven Court, San Diego CA 92 l23 within 20 days of receipt and
keep a copy for your files.
For fmther assistance, please feel free to contact your SD OHS UASI Program Representative at
(619) 533-6758.
Sincerely,
Megan Beall
Interim Program Manager
City of San Diego Office of Homeland Security
Scott Chadwick, City Manager
City of Carlsbad
FY20 UASI -Subrecipient
Date
A-2 September I, 2020
Appendix B -HSGP Standard Assurances
CalOES
·GOVE~HOR'$ OFFICS
OF EMERGENCY SERVICES
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.
I further acknowledge that the Applicant is responsible for reviewihg 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 dnd
Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
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CalOES
GOVERH(lll'S Ol'FICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability [including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application: and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
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 loon, 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 discloseac. cor9r.·~ .·· .1lyy ..
Page 2 of 14 Initial~
CalOES
~OVERHOR'S, Of.91Cia
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508
and§§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted
of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2) (b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
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CalOES
aoviAIIIOR'.$ OFJi:J.ce:
OF ENE.HEN CY SE RVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C . §
2000d et. seq.) which prohibits discrimination ori the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. § § 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101-12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e} Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6 T07), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S .C. § 3601 et 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. Partl 00. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units-i.e., fhe public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)-be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201 );
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
U) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
Page 4 of 14 Initial~
Cal OES
00Ve:11NOR'S QFFIC£
OF Er.ffRGENCY SER.VI CES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R . Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfee.ding 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 cind 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.
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 c;oordination 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;
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CaJOES
GOVERNOR'S OFtHCE
OF EMERGENCY S.l!RVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials; or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a 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. 93-5i3);
(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 etseq.);
(I) Conformity of Federal Actions to State (Clear Air) lmplementati.on Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: l) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to§ 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) determined to be in violation
of federal law relating to air or water pollution.
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CalOES
GOVERNOR'S Qf:F(CS OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 ond Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency,
the Comptroller General of the United States and, if appropriate, the state, through
any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award. The Applicant will require any
subrecipients, contractors, successors, transferees and a·ssignees ·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 sets forth that no subrecipient, recipient, or subredpient shall submit a false
claim for payment, reimbursement or advance.
12. Reporting -Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $25,000 or more in federal funds and (b) executive
compensation data for first-tier subawards. This includes the provisions of FFA TA,
which includes requirements for executive compensation, and also requirements.
implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial
Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for 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.
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Cal'OES
G.OVERNOR'S O~FICI:
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106{g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: ( 1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and othernon-profit
organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill 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
1 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;
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CalOES
.J GOI/ERNOfl'S, QFFICE
. Of EMERGE•N.CY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section l 06 of the
(d) 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 ( 16 U.S.C. § 469a-1 et
seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications: and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication. Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
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CalOES
GOVERNOR'S OFFICE
BF EMERGENCY SER.VICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGPl -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (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. All recipients who collectPII are required to
have a publically-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number)
to any work first produced under federal financial assistance awards.
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CalOES
BO,VE-il:tolOR'$ OFflCS:
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any .cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions ·would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing
federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy.efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See 0MB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 197 4 (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 1 990
I.n accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all
Applicants must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 197 4, as
amended, 15 U.S.C. § 2225a.
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CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from ·financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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CalOES
"1 GOVER.NOR'S,OFf:·1ct;
. OF i;l\4ERGENCY, SISRVIC,$
Standard Assurances
For Cal OES Federal Non-C>isaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175~175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their OHS Financial Assistance Office, prior
to using the OHS seal(s), logos, crests or reproductions of flags or likenesses of OHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of fla•gs or likenesses of Coast Guard officials.
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CalOES
eoviit,ult'$. OPPICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc. The
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in this assurance. This assurance is binding on the
Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the
above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the subrecipient may be ineligible for award of any
future grants if the Cal OES determines that any of the following has occurred: ( 1} the
recipient has made false certification, or (2} violates the certification by faiHng to carry
out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he e is authorized to enter into this agreement for and
on behalf of the Applicant.
Subrecipient: City of Carlsba
Printed Name of Authorized Agent: --'S"-'c"""o--'-tt"-----"C-'-h""""a-"'d"'"'w""'"ic=k"'--___________ _
Title: City Manager Date: -----<2:i_=· ·-=Cit,:>=··_;..•=2=-...... l __ _
Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008
Telephone 760-434-2821 Email scott. cha.clwick@carlsbadca.gov
Page 14 of 14 Initials£_
The City of
SAN
DIEG-0.)
Jurisdiction: City of Carlsbad
00 ---• __ M ___________________________________ _
Office of Homeland Security
Signature Authorization Form
FY 2020 Homeland Security Grant Programs
Date Signed: 2.B-.:s-o L2.. (
The below named personnel are authorized to sign for sthe following Homeland Security Grant Programs: Urban Area Security Initiative (UASI).
NAME TELEPHONE E-MAIL ADDRESS
(TYPED/PRINTED) SIGNATURE NUMBER
Michael Calderwood ~~t ~ 760-931 -2141 mic~ael.calderwood@carlsbadca.gov
Mickey Williams /14~-~ ~ 760-931-2157 mickey.williams@carlsbadca.gov
This form supers s · 11 others for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this form will not be
processed.
Scott Chadwick 760-434-2821
Authorized Agent eri Phone No.
Mail form to City of San Diego, Office of Homeland Security, 9601 Ridgehaven Ct, MS 1101C, San Diego, CA 92123
Appendix C -Form of Reimbursement Request
REIMBURSEMENT REQUEST
City of San Diego Office of Homeland Security
FY20 Urban Area Security Initiative Grant
Grant: FY20 UASI Grant #2020-0095
CaIOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
'Cash Request # ough _....,. ................. ;...;.~.;;,...-----~
mance Period Start D
Cash RequestAmount _______ , ...... , DUNS#
Under Penalty of Perjury I certify that:
· 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.
· 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.
· 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 othe1wise.
· 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.
Printed Name:
Title:
Mailing Address:
Remittance Address:
Signature
Mail Reimbursement Request To:
City of San Diego Office of Homeland Security
Grants Management Section
9601 Ridgehaven Ct, MS 1101 C
San Diego, CA 92123
July 27, 2021
FY20 UASI -Subrecipient
Phone Number:
Email Address:
Date:
Item #5
C-1
Page 41 of 49
September 1, 2020
Appendix C -Form of Reimbursement Request
REIMBURSEMENT REQUEST
Cover Sheet (Invoice)
Office of Homeland Security
FY20 Urban Area Security Initiative Grant Program
Award #2020-0095
CalOES ID #073-66000 CFDA #97.067
Reimbursement Request (Invoice)#
Mail Reimbursement Request To: Date:
City of San Diego Agency: ----------Office of Homeland Security
Attn: Grants Management Section
9601 Ridgehaven Ct, MS 1101 C
San Diego, CA 92123
Expenditure Period:
Type of Expenditure
Equipment
Training
Planning
Organization
Exercise
Total
DUNS Number:
------------------
Project# Reimbursement Requested
$ -
For questions regarding this reimbursement request contact
Name
Phone
Email
Remittance Address (Address check will be mailed to)
Jwly 27 2021. FY20 UASl -Subrec1p1ent C-2 Item #5 Page 42 of ~9 1 2020 :Septemuer ,
Jurisdiction:
Appendix C -Form of Reimbursement Request
REIMBURSEMENT REQUEST
Office of Homeland Security
FY20 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
----------------------
Grant: FY20 UASI Grant #2020-0095
CalOES #073-66000 CFDA #97.067
Delivery (Tuition
Course / Registration/
Materials)
Total $ -
Overtime &
Backfill
$ -$
Travel (Minus
Tuition/
Registration/ Total EMA EMS
Materials)
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
-$ -0 0
Expenditure Period: ---------Date:
Attendee Breakdown by Discipline
FS GA HZ LE PH PSC PW Total
0
0
0
0
0
0
0
0
0 0 0 0 0 0 0 0
NOTE: 0. T. fringe benefits are limited to FICA, Worker's Compensation and Unemployment Compensation. Eacl, jurisdiction must ensure t!,at reimbursement requests do not
include any otl,er O.T. fringe benefit expenditures. Ot!,er fringe benefit costs must be absorbed by tl,e jurisdiction.
FY20 UA81fy-29µ1aftc1pient C-3 Item #5 Septlgabli d>f 1920
Grant: FY20 UASI Grant #2020-0095
CalOES #073-66000 CFDA #97.067
FY20 Jut,~17; ~juecipient
Appendix C --Form of Reimbursement Request
REIMBURSEMENT REQUEST
Office of Homeland Security
FY20 Urban Area Security Inititive Grant Program
CONSULTANT/CONTRACTOR
C-4
$
$
$
$
$
$
$
$
$
Item #5 ~492020
Appendix C -Form of Reimbursement Request
REIMBURSEMENT REQUEST
Office of Homeland Security
_____________________________ F_Y,..2 .. 0 ... u .. rb.,.a,...n .. A .. r ..... ea Security':-1::'n,,,iti,,,·ti ... ·v .. e .. G_ra"'n~t· .. P .. ro;.sg;.ra .. m....,,__, ____________________________ _,_,,_...., __ ""I
.PERSONNEL
Grant: FY20 UASI Grant #2020-0095
CalOES #073-66000 CFDA #97.067
Cash Request#
Project
Nwnber Employee Name Backfilling For
Period of Project/Deliverable Discipline Solution Area Expenditure
C-5
through
Billable Hour Breakdown
Total Salary & Total Charged Benefits Hourly Rate Overtime Total Project to Grant Charged for this Rate Hours
Renortin~
$ -$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Item #5
Date
Breakfast
Lunch
Dinner
Snack
Tios
Total Meals
'._<:.rSAPer'Diem Meafs·&:-Inc Exo, Max "' ·;r· '"
Reimbursable Meal Amount
Lodging Paid including taxes and fees
Appendix C -Form of Reimbursement Request
REIMBURSEMENT REQUEST
Per Diem Expenses for (Employee Name) (Name of Event)
(@$1\ ieib\em'.ltoli:ging'(excludin1ttaxe~f&·'fee) ,,:,,:}+, ' •i"<::,,,s; ,, "'''"•1<;• "'''.::• I •:"',11, ,,.,
Reimbursable Lodging w taxes and
fees
Mileage
Airfare
Registration
Parking
Taxi
Total Reimbursable for
FY~~iV ~~I~lj_brecipient C-6
Total
Total Reimbursable for
Total Reimbursable for Claim -I
Item #5
Proj
Appendix C -Form of Reimbursement Request
GRANT: --------------JURIS DI CT 1O N:
Vendor Invoice#
TOTALAEL
TOTALAEL
TOTALAEL .
TOTALAEL·
TOTALAEL
TOTALAEL
TOTAL
Juh, 27 2021 FY20 UASl -~uor'ec1p1ent
I
Invoice Date• AEL# Cost Freight
- -
--
--
- -
--
--
$ -$ -
C-7
CASH REQUEST#
Tax Rate TaxAmt Total Cost
--
--
- -
--
--
- -
--
--
----
- -
--
- -
--
--
--
--
- -
- -
--
--
--- -
--
--
-----
$ -$ -$ -
TOTAL CLAIM
----
Claim
Disallowed Amount Comment
-
-
-
-
-
--.
-
-
---
-
-
-
---
-
-
-
--
-
-
-- -
-
-
-
--
$ -$ -
$ -
Item #5
Appendix D -Performance Period Extension Request
UASI FY20 PERFORMANCE PERIOD EXTENSION REQUEST
City of San Diego Office of Homeland Security
PERFORMANCE PERIOD EXTENSION REQUEST
Subrecipient Name: _________________________ _
UASI FY: __________________________ _
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
FY20 UASI Performance Period Extension Request
FY2tf~JAS~.9stibrecipient 0-1 Item #5
--
UASI FY20 PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
All Investments TOT AL
FY20 UASI Performance Period Extension Request
FY.tU>{lJ~SP2$ubrecipient D-2 Item #5 PagS~eft&r1, 2020