HomeMy WebLinkAboutReso 21-2022 (22-36)City of South San Francisco
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
lip Resolution: RES 21-2022
File Number: 22-36 Enactment Number: RES 21-2022
RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT BETWEEN THE
CITY AND COUNTY OF SAN FRANCISCO FOR THE
DISTRIBUTION OF FY 2021 URBAN AREA
SECURITY INITIATIVE (UASI) GRANT FUNDS IN
THE AMOUNT OF $80,647 FOR THE PURCHASE OF
TECHNICAL RESCUE EQUIPMENT AND POWER
UNITS FOR RESCUE BOAT 62, AND APPROVING
BUDGET AMENDMENT 22.040 TO THE FIRE
DEPARTMENT OPERATING BUDGET IN THE
AMOUNT OF $80,647.
WHEREAS, it is recommended that the City Council adopt a resolution authorizing the City
Manager to enter into an agreement between the City and County of San Francisco for the distribution of
FY 2021 Urban Area Security Initiative (UASI) grant funds in the amount of $80,647 for the purchase of
technical rescue equipment and power units for Rescue Boat 62, and approving budget amendment
22.040 to the Fire Department operating budget in the amount of $80,647;
WHEREAS, the South San Francisco Fire Department (SSFFD) recommends entering into an
agreement with the City and County of San Francisco for the distribution of FY 2021 UASI grant funds
for the purchase of technical rescue equipment and power units for Rescue Boat 62;
WHEREAS, the Department of Homeland Security (DHS) consolidated San Jose, Oakland and
San Francisco Urban Areas into one combined Bay Area Urban Area;
WHEREAS, San Francisco has been designated as the grantee for UASI funds by DHS
through the California Office of Emergency Services (CalOES) to the Bay Area Urban Area, with the
responsibility to establish procedures and execute subgrant agreements for the distribution of UASI
program funds;
WHEREAS, SSFFD was awarded a grant by the Bay Area Approval Authority for upgrades to
the technical rescue equipment carried on the Urban Search and Rescue (US&R), Type 1 Heavy Rescue
and upgrades to the power units on Rescue Boat 62;
WHEREAS, the US&R, Type I Heavy Rescue is an apparatus that carries rescue equipment
that can be
City of South San Francisco Page 1
File Number: 22-36
Enactment Number: RES 21-2022
used for a wide variety of technical rescue incidents including low and high angle rope rescues, confined
space rescues and structural collapse rescues and is available State-wide to respond to incidents resulting
in wide -scale damage like those found after a natural disaster or terrorist attack;
WHEREAS, Rescue Boat 62 (RB62) is the only Advance Life Support water rescue response
asset from the Port of San Francisco down to the San Mateo Bridge along the Bay's west shore;
WHEREAS, RB62 is a regional asset that partners with the United States Coast Guard (USCG)
on search and rescue missions throughout the region. Since RB62 has been put into service it has made
several rescues and recoveries, participated in many searches, and assisted USCG with certain
high-profile events; and
WHEREAS, UASI grant funds provides $80,647 to cover 100% of cost for the requested
equipment. The technical rescue equipment award is for $25,647 and the Rescue Boat 62 power unit
award is in the amount of $55,000; and the budget amendment 22.040 will augment the Fire Department
operating budget to allow staff to purchase the equipment following the purchasing guidelines and track
appropriately as required by the grant agreement.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of South San
Francisco hereby authorizes the City Manager to enter into an agreement between the City and County
of San Francisco, hereto attached as Exhibit A, for the distribution of FY 2021 Urban Area Security
Initiative (UASI) grant funds in the amount of $80,647 for the purchase of technical rescue equipment
and power units for Rescue Boat 62, and approves budget amendment 22.040 to the Fire Department
operating budget in the amount of $80,647.
At a meeting of the City Council on 2/9/2022, a motion was made by Councilmember Addiego,
seconded by Vice Mayor Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Nagales, Vice Mayor Nicolas, Councilmember Coleman, Councilmember
Flores, an4-4pouncilmember Addiego
Attest by
Govea Acosta, City Clerk
City of South San Francisco Page 2
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AGREEMENT BETWEEN THE CITY AND COUNTY OF
SAN FRANCISCO AND THE CITY OF SOUTH SAN FRANCISCO
FOR THE DISTRIBUTION OF FY 2021 UASI GRANT FUNDS
THIS AGREEMENT is made this NOVEMBER 1, 2021 in the City and County of San Francisco, State
of California, by and between the CITY OF SOUTH SAN FRANCISCO ("SSFFD") and the CITY
AND COUNTY OF SAN FRANCISCO, a municipal corporation ("San Francisco" or "City"), in its
capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San
Francisco Department of Emergency Management ("DEM").
RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") consolidated the separate San
Jose, Oakland, and San Francisco Urban Areas into a combined Bay Area Urban Area ("UASI Region")
for the purpose of application for and allocation and distribution of federal Urban Areas Security
Initiative ("UASI") program grant funds; and
WHEREAS, The Bay Area Urban Area Approval Authority ("Approval Authority") was established as
the Urban Area Working Group ("UAWG") for the UASI Region, to provide overall governance of the
homeland security grant program across the UASI Region, to coordinate development and
implementation of all UASI program initiatives, and to ensure compliance with all UASI program
requirements; and
WHEREAS, The UASI General Manager is responsible for implementing and managing the policy and
program decisions of the Approval Authority, directing the work of the UASI Management Team
personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Francisco has been designated as the grantee for UASI funds granted by the DHS
through the California Office of Emergency Services ("Cal OES") to the UASI Region, 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 Francisco 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 UASI Region; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management
Team has asked San Francisco to distribute a portion of the regional UASI grant funds to SSFFD 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:
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ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and
regulations there under) and all other applicable federal, state and local disability rights legislation, as the
same may be amended, modified or supplemented from time to time.
(b) "Authorized Expenditures" shall mean expenditures for those purposes identified and
budgeted in Appendix A, attached hereto and incorporated by reference as though fully set forth herein.
(c) "Event of Default" shall have the meaning set forth in Section 7.1.
(d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July
1, October 1, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SSFFD (DUNS#:
616945275) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed
from Cal OES Grant No. 2021-0081, Cal OES ID No. 075-95017, CFDA No. 97.067, per Cal OES award
notice dated October 27, 2021.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described in Appendix A and the WebGrants
system. If SSFFD requests any modification to the Grant Plan, SSFFD shall submit a written request to
the UASI General Manager with the following information: Scope of change requested, reason for
change, proposed plan for change, summary of approved and requested modifications to the Grant Plan,
and any necessary approvals in support of change (e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Francisco, including all commissions,
departments including DEM, agencies, and other subdivisions of San Francisco; (ii) San Francisco's
elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or
entities acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties,
claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal
fees and expenses and costs of investigation, of prosecuting or defending any Loss described above)
whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(i) "Reimbursement Request' shall have the meaning set forth in Section 3.10(a).
1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms
shall refer to the direction, requirement, or permission of City. The terms "sufficient," "necessary" or
"proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The
terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or
satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to
be followed by the words "without limitation." The use of the term "subcontractor," "subgrantee,"
"successor" or "assign" herein refers only to a subcontractor, subgrantee, successor or assign expressly
permitted under Article 8.
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1.3 References to this Agreement. References to this Agreement include: (a) any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by reference herein; and (c) any and all amendments,
modifications or supplements hereto made in accordance with Section 10.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to
this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation,
executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that
statute, regulation, executive order, requirement, policy, guide, guideline, information bulletin, or
instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE 2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN FRANCISCO'S OBLIGATIONS
2.1 Risk of Non -Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including DHS and Cal OES requirements, guidelines, information bulletins,
and instructions, the decision-making of the Cal OES and the Approval Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions of the San Francisco 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.
SSFFD acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and
Approval Authority. Further, SSFFD acknowledges and agrees that the City shall have no obligation to
disburse grant funds to SSFFD until City and SSFFD have fully and finally executed this Agreement.
SSFFD acknowledges and agrees that if it takes any action, informal or formal, to appropriate, encumber
or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and
before this Agreement is fully and finally executed, it assumes all risk of possible non -allocation or non-
reimbursement of funds, and such acknowledgement and agreement is part of the consideration of this
Agreement.
2.2 Certification of Controller: Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San Francisco Controller. In addition,
as set forth in Section 21.19 of the San Francisco Administrative Code:
(a) San Francisco's obligations hereunder shall not at any time exceed the amount approved
in the grant award and/or by the Approval Authority, and certified by the Controller for the purpose and
period stated in such certification.
(b) Except as may be provided by San Francisco ordinances governing emergency
conditions, San Francisco and its employees and officers, and the UASI Management Team and its
personnel, are not authorized to request SSFFD to perform services or to provide materials, equipment
and supplies that would result in SSFFD performing services or providing materials, equipment and
supplies that are beyond the scope of the services, materials, equipment and supplies specified in this
Agreement, unless this Agreement is amended in writing and approved as required by law to authorize the
additional services, materials, equipment or supplies. San Francisco is not required to pay SSFFD for
services, materials, equipment or supplies that are provided by SSFFD that are beyond the scope of the
services, materials, equipment and supplies agreed upon herein and which were not approved by a written
amendment to this Agreement having been lawfully executed by San Francisco.
(c) San Francisco and its employees and officers, and the UASI Management Team and its
personnel, are not authorized to offer or promise to SSFFD additional funding for this Agreement that
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would exceed the maximum amount of funding provided for herein. Additional funding for this
Agreement in excess of the maximum provided herein shall require lawful approval and certification by
the Controller. San Francisco is not required to honor any offered or promised additional funding that
exceeds the maximum provided in this Agreement that requires lawful approval and certification of the
Controller when the lawful approval and certification by the Controller has not been obtained.
(d) The Controller is not authorized to make payments on any agreement for which funds
have not been certified as available in the budget or by supplemental appropriation.
2.3 SUPERSEDURE OF CONFLICTING PROVISIONS. IN THE EVENT OF ANY
CONFLICT BETWEEN ANY OF THE PROVISIONS OF THIS ARTICLE 2 AND ANY OTHER
PROVISION OF THIS AGREEMENT, THE APPLICATION DOCUMENTS OR ANY OTHER
DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, THE TERMS OF THIS
ARTICLE 2 SHALL GOVERN.
ARTICLE 3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The term of this Agreement shall commence on NOVEMBER 1. 2021
and shall end at 11:59 p.m. San Francisco time on DECEMBER 31, 2022.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed EIGHTY THOUSAND SIX HUNDRED FORTY-SEVEN DOLLARS ($80,647). The City
will not automatically transfer Grant Funds to SSFFD upon execution of this Agreement. SSFFD must
submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI
Management Team and City, before the City will disburse Grant Funds to SSFFD.
3.3 Use of Funds.
(a) General Requirements. SSFFD shall use the Grant Funds received under this Agreement
for the purposes and in the amounts set forth in the Grant Plan. SSFFD 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. SSFFD shall not permit any federal
employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement, SSFFD
may submit a written request to modify the Grant Plan. SSFFD shall not appropriate, encumber or
expend any additional or reallocated Grant Funds pursuant to such a request for modification until (1) the
General Manager or designee has provided written approval for the request and (2) the parties have finally
executed a modification of this Agreement under Section 10.2, to reflect the modified Grant Plan. In
addition, if the modification request requires approval from the Approval Authority and/or Cal OES, as
determined by the General Manager, SSFFD 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. SSFFD shall use Grant Funds to supplement existing funds, and not
replace (supplant) funds that have been appropriated for the same purpose.
(d) Obligations. SSFFD 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.
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3.4 Grant Assurances,• Other Requirements; Cooperation with Monitoring.
(a) SSFFD shall comply with all Grant Assurances included in Appendix B, attached hereto
and incorporated by reference as though fully set forth herein. SSFFD shall require all subgrantees,
contractors and other entities receiving Grant Funds through or from SSFFD to execute a copy of the
Grant Assurances, and shall ensure that they comply with those Grant Assurances.
(b) In addition to complying with all Grant Assurances, SSFFD shall comply with all
applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information
bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant
award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
SSFFD shall require and ensure that all subgrantees, contractors and other entities receiving Grant Funds
through or from SSFFD comply with all applicable statutes, regulations, executive orders, requirements,
policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions;
the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal
OES or the Approval Authority.
(c) SSFFD shall promptly comply with all standards, specifications and formats of San
Francisco 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. SSFFD shall cooperate
in good faith with San Francisco and the UASI Management Team in any evaluation, inspection, planning
or monitoring activities conducted or authorized by DHS, Cal OES, San Francisco or the UASI
Management Team. For ensuring compliance with non -supplanting requirements, upon request by City
or the UASI Management Team, SSFFD 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. SSFFD 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
SSFFD comply with the following non-exclusive list of regulations commonly applicable to DHS grants,
as applicable to this Agreement and the Grant Plan:
(a) Administrative Requirements:
1. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (formerly 44 CFR Part 13, OMB Circulars A-21,
A-87, A-89, A-102, A-110, A-122, and A-133).
(b) Cost Principles:
1. 2 CFR Part 200, Subpart E -Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133);
2. Federal Acquisition Regulations (FAR), Part 31.2 Contract Principles and
Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:
1. 2 CFR Part 200 Subpart F -Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
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3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SSFFD shall use the latest NIEM
specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards
of Grant Funds.
(b) Geospatial Guidance. SSFFD is encouraged to use Geospatial technologies, which can
capture, store, analyze, transmit and/or display location -based information (i.e., information linked to a
latitude and longitude), and to align any geospacial activities with the guidance available on the Federal
Emergency Management Agency ("FEMA") website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system
funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies, if applicable.
(d) SSFFD 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. SSFFD 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) Specific Purchases. If SSFFD is using Grant Funds to purchase interoperable
communication equipment, SSFFD shall consult DHS's SAFECOM's coordinated grant guidance, which
outlines standards and equipment information to enhance interoperable communication. If SSFFD is
using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SSFFD
shall submit to the UASI Management Team for approval by Cal OES a viable inventory management
plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to
avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c) Bond requirement. SSFFD shall obtain a performance bond for any equipment items over
$250,000 or any vehicle, aircraft or watercraft financed with Grant Funds.
3.8 Subgrantee and Contractor Requirements.
(a) SSFFD shall ensure and independently verify that any subgrantee, contractor or other
entity receiving Grant Funds through or from SSFFD 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. SSFFD shall obtain documentation of eligibility before
disbursing Grant Funds to any subgrantee, contractor or other entity. SSFFD shall maintain documentary
proof of this verification in its files. SSFFD 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.
SSFFD shall also establish procedures to provide for effective use and/or dissemination of the list to
assure that its grantees and subgrantees, including contractors, at any tier do not make awards in violation
of the non -procurement debarment and suspension common rule.
(b) SSFFD shall ensure that any subgrantee, contractor or other entity receiving Grant Funds
through or from SSFFD complies with the requirements of 44 CFR Part 18, New Restrictions on
Lobbying; and
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(c) SSFFD shall ensure that any subgrantee, contractor or other entity receiving Grant Funds
through or from SSFFD complies with the requirements of 2 CFR Part 3001, Requirements for Drug -Free
Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring
reviews of SSFFD'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) SSFFD is responsible for monitoring and auditing the grant activities of any subgrantee,
contractor or other entity receiving Grant Funds through or from SSFFD. This requirement includes but
is not limited to mandatory on-site verification visits.
(c) If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SSFFD, the City shall place a hold on all Reimbursement Requests from
SSFFD until the findings are resolved.
3.10 Disbursement Procedures. San Francisco shall disburse Grant Funds to SSFFD as follows:
(a) SSFFD shall submit to the UASI Management Team, in the manner specified for notices
pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as
Appendix C, attached hereto and incorporated by reference as though fully set forth herein. The UASI
Management Team shall serve as the primary contact for SSFFD 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 will
return to SSFFD 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.
(c) The UASI Management Team will submit any Reimbursement Request that is approved
by the UASI Management Team to DEM. City through DEM shall review the Reimbursement Request
for compliance with this Agreement and all applicable guidelines and requirements. City shall return to
the UASI Management Team any Reimbursement Request that is not approved by City, with a brief
explanation of the reason for the rejection of the Reimbursement Request.
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(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SSFFD submits a Reimbursement Request that is in all
respects acceptable to the UASI Management Team and to City.
(e) If SSFFD is not in compliance with any provision of this Agreement, City may withhold
disbursement of Grant Funds until SSFFD has taken corrective action and currently complies with all
terms and conditions of the Agreement.
3.11 Disallowance. SSFFD 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, SSFFD shall
promptly refund the disallowed amount to City upon City's written request. At its option, City may offset
all or any portion of the disallowed amount against any other payment due to SSFFD hereunder or under
any other Agreement with SSFFD. Any such offset with respect to a portion of the disallowed amount
shall not release SSFFD from SSFFD's obligation hereunder to refund the remainder of the disallowed
amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating
expenses, over and above planning and implementation costs, must be sustained once the Grant Funding
ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life
of equipment. By executing this Agreement, SSFFD acknowledges its responsibility and agrees to sustain
continuing programs beyond the Grant Funding period. SSFFD acknowledges and agrees that this
sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation ("EHP") program. SSFFD shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SSFFD shall notify the UASI Management Team of any project
that may require an EHP review. SSFFD agrees to provide detailed project information to FEMA, Cal
OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents
requested for the review. SSFFD shall comply with all conditions placed on the project as the result of
the EHP review, and implement any treatment or mitigation measures deemed necessary to address
potential adverse impacts. With prior approval of the UASI Management Team, SSFFD may use Grant
Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures.
Any change to the approved project scope of work will require re-evaluation for compliance with EHP
requirements. If ground disturbing activities occur during project implementation, SSFFD shall notify the
UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological
resources are discovered, SSFFD shall immediately cease construction in that area and notify the UASI
Management Team, which will notify the appropriate State Historic Preservation Office. If SSFFD is
using Grant Funds for a communication tower project, SSFFD shall complete its Federal Communication
Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include
the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SSFFD initiates without the necessary EHP review
and approval will not be eligible for reimbursement. Failure of SSFFD to meet federal, State, and local
EHP requirements, obtain applicable permits, or comply with any conditions that may be placed on the
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project as the result of FEMA's and/or Cal DES's EHP review will result in the denial of Reimbursement
Requests.
3.14 National Energy Conservation Police and Energy Police Acts. SSFFD shall comply with the
following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq), or Subtitle A of Title I of the Energy Policy Act of 2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC § 13212).
3.15 Rovalth,-Free License. SSFFD 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 SSFFD purchases or acquires using Grant Funds. SSFFD shall consult with the
UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are
purchased with, Grant Funds.
3.16 Publication Statements. SSFFD 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."
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SSFFD shall provide, in a prompt and timely manner, financial, operational
and other reports, as requested by the UASI Management Team or by City, in form and substance
satisfactory to the UASI Management Team or City. Such reports, including any copies, shall be
submitted on recycled paper and printed on double -sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SSFFD shall notify the UASI
Management Team and City immediately of (a) any Event of Default or event that, with the passage of
time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the
representations or warranties contained in Article 5 to be false or misleading at any time during the term
of this Agreement; and (c) any change of circumstances or events that would cause SSFFD to be out of
compliance with the Grant Assurances in Appendix B.
4.3 Books and Records. SSFFD shall establish and maintain accurate files and records of all aspects
of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without limiting the
scope of the foregoing, SSFFD 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. SSFFD shall
maintain all of the files, records, books, invoices, documents, payrolls and other data required to be
maintained under this Section in a readily accessible location and condition for a period of not less than
three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully
completed, whichever is later.
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4.4 Inspection and Audit. SSFFD shall make available to the UASI Management Team and to City,
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 SSFFD under Section 4.3, and allow access and the right to examine those
items. SSFFD 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 SSFFD has the obligation to maintain such files, records,
books, invoices, documents, payrolls and other data under this Article 4. The DHS, the Comptroller
General of the United States or designee, and Cal OES shall have the same inspection and audit rights as
the City and UASI Management Team, SSFFD 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,
SSFFD 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.
SSFFD shall submit its audit report to the UASI Management Team no later than six months after the end
of SSFFD's fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SSFFD 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 SSFFD to the UASI
Management Team or to City in connection with this Agreement, any Reimbursement Request or any
other document relating to any of the foregoing, contains or will contain any untrue statement of material
fact or omits or will omit a material fact necessary to make the statements contained therein not
misleading, under the circumstances under which any such statement shall have been made.
5.2 Eligibilitv to Receive Federal Funds. By executing this Agreement, SSFFD certifies that it is
eligible to receive federal funds, and specifically certifies as follows:
(a) SSFFD is not suspended, debarred or otherwise excluded from participation in federal
assistance programs, as required by Executive Order 12549 and 12689, "Debarment and Suspension" and
implemented at 2 CFR Part 3000.
(b) SSFFD complies with 31 U.S.C. §1352, Limitation on use of appropriated funds to
influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR
Part 9.
(c) SSFFD complies with the Drug -Free Workplace Act of 1988, as amended, 41 U.S.C. §701
et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as
required under that Act and implementing regulations.
(d) SSFFD is not delinquent in the repayment of any federal debt. See OMB Circular A-129.
SSFFD acknowledges that these certifications of eligibility to receive federal funds are material terms of
the Agreement.
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5.3 NIMS Compliance. To be eligible to receive Grant Funds, SSFFD must meet National Incident
Management System ("NIMS") compliance requirements, and report full NIMS compliance via the
National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By
executing this Agreement, SSFFD certifies that it is in full NIMS compliance, and that it has reported that
compliance via the NIMSCAST. SSFFD shall provide documentation of its NIMS compliance to the
UASI Management Team. SSFFD acknowledges that this certification is a material term of the
Agreement.
ARTICLE 6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SSFFD 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
SSFFD's performance of this Agreement, including, but not limited to, the following: (a) a material
breach of this Agreement SSFFD; (b) a material breach of any representation or warranty of SSFFD
contained in this Agreement; (c) any personal injury or death caused, directly or indirectly, by any act or
omission of SSFFD or its employees, subgrantees or agents; (d) any loss of or damage to property caused,
directly or indirectly, by any act or omission of SSFFD or its employees, subgrantees or agents; (e) the
use, misuse or failure of any equipment or facility used by SSFFD, or by any of its employees,
subgrantees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to
SSFFD by an Indemnified Party; (f) any tax, fee, assessment or other charge for which SSFFD is
responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any
other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified
Party of any goods or services furnished by SSFFD or its employees, subgrantees or agents to such
Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without
limitation, reasonable fees of attorneys, consultants and experts and related costs and San Francisco's
costs of investigating any claims against San Francisco.
6.2 Duty to Defend; Notice of Loss. SSFFD 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 SSFFD by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SSFFD prompt
notice of any Loss under Section 6.1 and SSFFD shall have the right to defend, settle and compromise
any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own
counsel at the expense of SSFFD if representation of such Indemnified Party by the counsel retained by
SSFFD would be inappropriate due to conflicts of interest between such Indemnified Party and SSFFD.
An Indemnified Party's failure to notify SSFFD promptly of any Loss shall not relieve SSFFD of any
liability to such Indemnified Party pursuant to Section 6. 1, unless such failure materially impairs
SSFFD's ability to defend such Loss. SSFFD shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SSFFD contends that such Indemnified Party shares in liability with
respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SSFFD'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 FRANCISCO. CITY'S OBLIGATIONS UNDER
THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
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CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SSFFD fails to perform or breaches any
provision or covenant of this Agreement to be performed or observed by SSFFD as and when
performance or observance is due and such failure or breach continues for a period of ten (10) days after
the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SSFFD fails to perform or breaches any of
the terms or provisions of Article 12.
(d) Voluntary Insolvency. SSFFD (i) is generally not paying its debts as they become due,
(ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment
for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers of SSFFD or of any substantial part of SSFFD's property or (v) takes action
for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SSFFD, 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 SSFFD or with respect to any substantial part
of SSFFD's property, (ii) constituting an order for relief or approving a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the
dissolution, winding up or liquidation of SSFFD.
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 SSFFD and, on the date specified in such notice, this Agreement shall terminate and all rights of
SSFFD hereunder shall be extinguished. In the event of such termination, City will pay SSFFD 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.
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(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SSFFD 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 SSFFD 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 SSFFD 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
SSFFD written notice of termination. The notice shall specify the date on which termination shall
become effective.
(b) Upon receipt of the notice, SSFFD shall commence and perform, with diligence, all
actions necessary on the part of SSFFD to effect the termination of this Agreement on the date specified
by City and to minimize the liability of SSFFD 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, SSFFD shall submit to the UASI
Management Team an invoice for all Authorized Expenses incurred through the termination date. For
Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SSFFD
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 SSFFD or any of its contractors or
subgrantees after the termination date specified by City.
(e) City's payment obligation under this Section shall survive termination of this Agreement.
7.4 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.
ARTICLE 8
ASSIGNMENTS
$.1 No Assignment by SSFFD. SSFFD shall not, either directly or indirectly, assign, transfer,
hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or
obligations of SSFFD hereunder without the prior written consent of the UASI Management Team;
provided, however, that any contractor or subgrantee specifically referenced in Appendix A shall not
require the consent of Management Team. This Agreement shall not, nor shall any interest herein, be
assignable as to the interest of SSFFD involuntarily or by operation of law without the prior written
consent of City. A change of ownership or control of SSFFD or a sale or transfer of substantially all of
the assets of SSFFD shall be deemed an assignment for purposes of this Agreement.
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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 SSFFD Retains Responsibilit.. SSFFD shall in all events remain liable for the performance by
any subgrantee contractor, or assignee of all of the covenants, terms and conditions in this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Reouirements. 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 e-
mail:
If to San Francisco:
San Francisco Department of Emergency Management
City Hall - 1 Dr Carlton B Goodlett Pl, Room 344
San Francisco, CA 94102
Attn: Mary Ellen Carroll, Executive Director
marvellen.carrL._. _
If to the UASI Management Team:
UASI Management Team
1663 Mission Street, Suite #320
San Francisco, CA 94103
Attn: Craig Dziedzic, General Manager
If to SSFFD:
City of South San Francisco Fire Department
480 North Canal Street, South San Francisco CA 94080
Attn: Matthew Samson, Deputy Fire Chief
.__ian.samson«usst.net
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt,
completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized
agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such
confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report
of the party giving such notice.
9.3 Chane of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
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ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Francisco of any default or breach of this Agreement shall be
implied from any failure by the UASI Management Team or San Francisco to take action on account of
such default if such default persists or is repeated. No express waiver by San Francisco 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 Francisco of any covenant, term or condition contained herein shall
not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The
consent or approval by the UASI Management Team or San Francisco 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 General Manager or designee may establish alternate procedures for
modification of the Appendix A and 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 Francisco.
10.4 SSFFD to Pay All Taxes. SSFFD shall pay to the appropriate governmental authority, as and
when due, any and all taxes, fees, assessments or other governmental charges, including possessory
interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the
Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes all other oral or written provisions. The following Appendices are attached to and a part of
this Agreement:
• Appendix A, Authorized Expenditures and Timelines
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbursement Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Francisco, SSFFD shall
deliver to San Francisco a copy of the corporate resolution(s) authorizing the execution, delivery and
performance of this Agreement, certified as true, accurate and complete by the appropriate authorized
representative of SSFFD.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision
valid and enforceable.
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10.9 Successors; No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity (other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations of SSFFD 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, SSFFD agrees to do such
things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA
reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable, SSFFD
must provide the following information on SSFFD letterhead within 30 days of receipt of this Agreement.
1. Subawards greater than $25,000:
a) Name of entity receiving award;
b) Amount of award;
c) Funding agency;
d) The Catalog of Federal Domestic Assistance program number;
e) Award title (descriptive of the purpose of the funding action);
f) Location of the entity and primary location of performance including city, state, and
Congressional district;
g) Dun & Bradstreet (D&B) DUNS Number of the entity, and its parent if applicable; and,
h) Total compensation and names of top five executives (same thresholds as for prime
recipients).
2. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub -contracts
and Federal financial assistance), and $25,000,000 or more in annual gross revenues from
Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and
Exchange Commission.
10.13 Cooi)eration with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SSFFD agrees to participate in UASI-
sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of such
exercises.
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(b) To the extent permitted by law, SSFFD agrees to share with the Approval Authority
informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds.
(c) SSFFD agrees to provide input towards the development of the regional Threat and
Hazard Identification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) as
requested by UASI.
(d) SSFFD agrees to complete the 2021 Nationwide Cybersecurity Review (NCSR),
enabling agencies to benchmark and measure progress of improving their cybersecurity posture. The
Chief Information Officer (CIO), Chief Information Security Officer (CISO) or equivalent for each
recipient should complete the NCSR. If there is no CIO or CISO, the most senior cybersecurity
professional should complete the assessment.
(e) SSFFD agrees to provide a preference for the purchase of goods, products or materials
produced in the United States in accordance with 2 CFR Part 200, Section 322.
ARTICLE 11
INSURANCE
11.1 Tvpes and Amounts of Coverage. Without limiting SSFFD's liability pursuant to Article 6 of
this Agreement, SSFFD shall maintain in force, during the full term of the Agreement, insurance in the
following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less
than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability,
Personal Injury, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non -Owned
and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverase 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 Francisco, 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, SSFFD hereby agrees to waive subrogation which any insurer of SSFFD may acquire from
SSFFD by virtue of the payment of any loss. SSFFD agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a
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waiver of subrogation in favor of the City for all work performed by the SSFFD, its employees, agents and
subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance
written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any
reason. Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post -Expiration Coverage. Should any of the required insurance be provided under a
claims -made form, SSFFD shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
effect that, should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims -made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SSFFD shall furnish to City certificates of insurance and additional insured policy
endorsements with insurers with ratings comparable to A-, VIE 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 SSFFD hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or
subgrantee will be used to complete any portion of this Agreement, SSFFD shall ensure that the
subcontractor or subgrantee shall provide all necessary insurance and shall name the City and County of
San Francisco, its officers, agents and employees and the SSFFD as additional insureds.
11.11 Authoritv to Self -Insure. Nothing in this Agreement shall preclude SSFFD from self-insuring
all or part of the insurance requirement in this Article. However, SSFFD shall provide proof of self-
insurance, in a form acceptable to San Francisco, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SSFFD agrees not to discriminate
against any employee, San Francisco employee working with SSFFD or any subgrantee of SSFFD,
applicant for employment with SSFFD or subgrantee of SSFFD, 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,
FY 21 UASI — SSFFD Page 18 of 21 November 1, 2021
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domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV
status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for
opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SSFFD 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. SSFFD agrees that it will promptly notify City in writing of all violations of State
or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant
Funds.
12.3 Compliance with ADA. SSFFD 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. SSFFD shall not discriminate against any person
protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all
times with the provisions of the ADA.
12.4 Prohibition on Political Activity with City Funds. In accordance with San Francisco
Administrative Code Chapter 12G, SSFFD may not participate in, support, or attempt to influence any
political campaign for a candidate or for a ballot measure (collectively, "Political Activity") in the
performance of the services provided under this Agreement. SSFFD agrees to comply with San Francisco
Administrative Code Chapter 12G and any implementing rules and regulations promulgated by San
Francisco's Controller. The terms and provisions of Chapter 12G are incorporated herein by this
reference. In the event Contractor violates the provisions of this section, San Francisco may, in addition
to any other rights or remedies available hereunder, (i) terminate this Agreement, and (ii) prohibit SSFFD
from bidding on or receiving any new City contract for a period of two (2) years. The Controller will not
consider SSFFD's use of profit as a violation of this section.
12.5 Submitting False Claims, Monetary Penalties Pursuant to San Francisco Administrative
Code §21.35, any contractor, subcontractor or consultant who submits a false claim shall be liable to the
City for the statutory penalties set forth in that section. A contractor, subcontractor or consultant will be
deemed to have submitted a false claim to the City if the contractor, subcontractor or consultant: (a)
knowingly presents or causes to be presented to an officer or employee of the City a false claim or request
for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or
statement to get a false claim paid or approved by the City; (c) conspires to defraud the City by getting a
false claim allowed or paid by the City; (d) knowingly makes, uses, or causes to be made or used a false
record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to
the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently
discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time
after discovery of the false claim.
FY 21 UASI — SSFFD Page 19 of 21 November 1, 2021
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY AND COUNTY OF SAN FRANCISCO:
SAN FRANCISCO DEPARTMENT OF
EMERGENCY MANAGEMENT
IM
MARY ELLEN CARROLL
EXECUTIVE DIRECTOR
Approved as to Form:
David Chiu
City Attorney
By: _
CHRISTINA FLETES-ROMO
DEPUTY CITY ATTORNEY
City of South San Francisco Fire Department:
0
JESS MAGALLANES
FIRE CHIEF
Federal Tax ID #: 94-6000435
Approved as to Form:
By:
MIKE FUTRELL
CITY MANAGER
FY 21 UASI — SSFFD Page 20 of 21 November I, 2021
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DocuSign Envelope ID: 95A3B348-05E8-4091-89AA-E2812EAAABAD
Appendix B-- Grant Assurances
Name of Jurisdiction: City of South San Francisco Fire Department
Name of Authorized Agent: Jess Magallanes, Fire Chief
Address: 480 North Canal Street
City: South San Francisco State: CA Zip Code: 94080
Telephone Number: 650.829.3950
E -Mail Address: matt.samson(a)ssf.net
As the duly authorized representative of the SSFFD, I hereby certify that the SSFFD 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 SSFFD is responsible for reviewing and adhering to all
requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for
federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations
(C.F.R.). Updates are issued by the Office of Manage., hent and Budget (OMB and can be found
at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The SSFFD hereby agrees
to comply with the following:
I - Proof of Authority
The SSFFD 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
SSFFD 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 SSFFD 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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(d) SSFFD 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 SSFFD.
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 SSFFD is only authorized to
perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or requests or
receives from an agency a commitment providing for the United States to insure or guarantee
a loan, the SSFFD certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying", in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
The SSFFD 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 SSFFD agrees that federal funds will not be used, directly or indirectly, to
support the enactment, repeal, modification or adoption of any law, regulation or policy
without the express written approval from the California Governor's Office of Emergency
Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2
FY 21 UASI — SSFFD B-2 November 1, 2021
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C.F.R. Part 180, Debarment and Suspension, the SSFFD will provide protection against
waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in
their dealings with the federal government. The SSFFD 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 SSFFD 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 SSFFD will comply with all state and federal statutes relating to non- discrimination,
including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or national
origin and requires that recipients of federal financial assistance take reasonable steps to
provide meaningful access to persons with limited English proficiency (LEP) to their
programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex in any federally funded
educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 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. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality
of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by the
Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on
disability discrimination includes the requirement that new multifamily housing with four
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or more dwelling units—i.e., the public and common use areas and individual apartment
units (all units in buildings with elevators and ground -floor units in buildings without
elevators}— 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;
(1) 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;
0) California Public Contract Code § 10295.3, which prohibits discrimination based on
domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith -based organizations, under which all
applicants and recipients must comply with equal treatment policies and requirements
contained in 6 C.F.R. Part 19;
(1) The SSFFD 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, breastfeeding and medical conditions related to
pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, mental and physical disability,
genetic information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for
protesting illegal discrimination related to one of these categories, or for reporting patient
abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application
for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug -Free Workplace
As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the SSFFD
certifies that it will maintain a drug-free workplace and a drug-free awareness program as
outlined in the Act.
7. Environmental Standards
The SSFFD will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§
21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§
15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic
structure for regulating discharges of pollutants into the waters of the United States and
regulating quality standards for surface waters;
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from
stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental
Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality
Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order
12898 which focuses on the environmental and human health effects of federal actions on
minority and low-income populations with the goal of achieving environmental
protection for all communities;
(t7 Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted. to assure that each federal agency empowered to enter
into contracts for the procurement of goods, materials, or services and each federal
agency empowered to extend federal assistance by way of grant, loan, or contract shall
undertake such procurement and assistance activities in a manner that will result in
effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act
Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
0) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.);
(1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(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 SSFFD shall not be: 1) in violation of any order or resolution promulgated by the State
Air Resources Board or an air pollution district; 2) subject to a cease 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.
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the SSFFD
will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations,
Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
SSFFD must cooperate with any compliance reviews or investigations conducted by DHS. In
accordance with 2 C.F.R. § 200.337, the SSFFD 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 SSFFD will require any subrecipients, contractors,
successors, transferees and assignees to acknowledge and agree to comply with this
provision.
14. Conflict of Interest
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The SSFFD will establish safeguards to prohibit the SSFFD'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 SSFFD will comply with 31 U.S.0 §§ 3729-3733 which sets
forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment,
reimbursement or advance.
12. Reporting - Accountability
The S SFFD 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 $30,000 or more in federal funds and (b) executive compensation
data for first-tier subawards. This includes the provisions of FFATA, 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 SSFFD 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.
14. Human Trafficking
The SSFFD 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 SSFFD 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 (1HE), hospitals and other non-profit organizations.
16. Worker's Compensation
The SSFFD 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
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If applicable to the type of project funded by this federal award, the SSFFD will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair
and equitable treatment of persons displaced or whose property is acquired as a result of
federal or federally -assisted programs. These requirements apply to all interests in real
property acquired for project purposes regardless of federal participation in purchase:
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total
cost of insurable construction and acquisition is 510,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 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. §46'9a-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 SSFFD 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
SSFFD 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.
20. California Public Records Act and Freedom of Information Act
The SSFFD 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 SSFFD 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.
FY 21 UASI — SSFFD B-7 November 1, 2021
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O
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 (PH)
DHS defines personally identifiable information (PIT) 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 collect I'll are required to have a
publicly -available privacy policy that describes standards on the usage and maintenance of
PIT 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.
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 OMB Circular A-129.
28. Fly America Act of 1974
FY 21 UASI — SSFFD B-8 November 1, 2021
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DocuSign Envelope ID: 95A3B348-05E8-4091-89AA-E2B12EAAA6AD
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 1974 (49 U.S.C. § 40118) and the
interpretative guidelines issued by the Comptroller General of the United States in the March
31, 1981, amendment to Comptroller General Decision B- 138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants
must ensure that all conference, meeting, convention, or training space funded in whole or in
part with federal funds complies with the fire prevention and control guidelines of the
Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
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.
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by
FY 21 UASI — SSFFD B-9 November 1, 2021
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DocuSign Envelope ID: 95A3B348-05E8-4091-89AA-E2B12EAAA6AD
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 DHS Financial Assistance Office, prior to
using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency
officials, including use of the United States Coast Guard seal, logo, crests or reproductions of
flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant -
funded project addresses the core capability gap associated with each project and identified
in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness
Review or sustains existing capabilities, as applicable. The capability gap reduction or
capability sustainment must be addressed in the Project Description of the BSIR for each
project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements imposed
upon recipients and flow down to subrecipients as a matter of law, regulation, or executive
order. If the requirement does not apply to Indian tribes or there is a federal law or regulation
exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence
to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an
Indian tribe. The execution of grant documents is not intended to change, alter, amend, or
impose additional liability or responsibility upon the Tribe where it does not already exist.
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 SSFFD recognizes and
agrees that state financial assistance will be extended based on the representations made in this
assurance. This assurance is binding on the SSFFD, 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 SSFFD 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 failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for
all subawards at all tiers. All recipients are bound by the Department of Homeland Security
Standard Terms and Conditions 2021, Version 11 .4, hereby incorporated by reference, which can
be found at: https://www.dhs.gov/publication/fyl5-dhs-standard-terms-and-conditions.
FY 21 UASI — SSFFD B-10 November 1, 2021
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DocuSign Envelope ID: 95A3B348-05EB-4091-89AA-E2B12EAAA6AD
The undersigned represents that he/she is authorized by SOUTH SAN FRANCISCO
FIRE DEPARTMENT to enter into this agreement for and on behalf of SSFFD.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
FY 21 UASI — SSFFD B-11 November 1, 2021
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DocuSign Envelope ID: 95A36348-05E8-4091-89AA-E2B12EAAA6AD
Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Date:
UASI Management Team
1663 Mission Street, Suite 320
San Francisco, CA 94102
Re: FY 21 UASI Grant Reimbursement Request
Pursuant to Section 3.10 of the "Agreement between the City and County of San Francisco and the
SSFFD for the Distribution of FY 2021 UASI Grant Funds" (the "Agreement'), dated NOVEMBER 1,
2021 between the South San Francisco Fire Department ("SSFFD") and the City and County of San
Francisco, SSFFD hereby requests reimbursement as follows:
Total Amount of
Reimbursement
Requested in this $
Request: ----- -- - --
Maximum Amount of
Funds Specified in
Section 3.2 of the
Agreement: $
Total of All Funds
Disbursed Prior to this
Request: $
SSFFD certifies that:
(a) The total amount of funds requested pursuant to this Reimbursement Request will be
used to reimburse SSFFD for Authorized Expenditures, which expenditures are set forth
on the attached Schedule 1, to which are attached true and correct copies of all required
documentation of such expenditures.
(b) 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 Section 3.2 of the Agreement, or the not to exceed amounts specified in Appendix A for
specific projects and programs.
FY 2021 UASI — SSFFD C-1 November 1, 2021
DocuSign Envelope ID: 95A3B348-05E8-4091-89AA-E2B12EAAA6AD
(c) 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 SSFFD is in
compliance with all Grant Assurances in Appendix B of the Agreement. Furthermore, by
signing this report, SSFFD 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. SSFFD is aware that any false, fictitious or fraudulent information or the
omission of any material fact, may subject SSFFD to criminal civil or administrative
penalties for fraud, false statements, false claims or otherwise.
(d) No Event of Default has occurred and is continuing.
(e) The undersigned is an officer of SSFFD authorized to execute this Reimbursement
Request on behalf of SSFFD.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
FY 2021 UASI — SSFFD C-2 November 1, 2021
DocuSign Envelope ID: 95A3B348-05E8-4091-89AA-E2B12EAAA6AD
SCHEDULE 1 TO REQUEST FOR REIMBURSEMENT
The following is an itemized list of Authorized Expenditures for which reimbursement is requested:
Project
Payee
Amount
Description
If final claim
for project,
check box
El
I IOU IvnvVYuly aic GlL U ICU db 1Jdll VI 1.1115 acneuule -i (I -lease cnecK Items tnat are applicable):
Planning:
❑ Invoice/Payroll Charges
❑ Payroll Register
❑ Cleared Check Payment
❑ Job Description
❑ Functional Timesheets
❑ Deliverables/Progress Reports
Training:
❑ Invoice
❑ Cleared Check Payment
❑ Training Feedback Number
❑ EHP Approval
❑ Certificates/Proof of Participation
❑ Sign In Sheet
D Agenda
Organization:
❑ Invoice/Payroll Charges
❑ Payroll Register
❑ Cleared Check Payment
❑ Job Description
❑ Functional Timesheets
❑ Deliverables/Progress Reports
Exercise:
For inquiries/questions, please contact:
Print Name
❑ Invoice
❑ Cleared Check Payment
❑ After Action Report
❑ EHP Approval
❑ Overtime Authorization
Phone #:
Equipment:
❑ Invoice
❑ Cleared Check Payment
❑ Purchase Order
❑ Packing Slip
❑ EHP Approval
❑ Watercraft or Aviation
❑ Sole Source
❑ Performance Bond
❑ Equipment Ledger (Please submit
electronic copy to Grants Specialist)
Email:
FY 2021 UASI — SSFFD C-3 November 1, 2021