HomeMy WebLinkAboutReso 219-2022 (22-992)City of South San Francisco P.O. Box 711 (City Hall,
quCity
400 Grand Avenue)
South San Francisco, CA
Council
Resolution: RES 219-2022
File Number: 22-992 Enactment Number: RES 219-2022
RESOLUTION AUTHORIZING ACCEPTANCE OF A
GRANT FROM THE URBAN AREA SECURITY
INITIATIVE IN THE AMOUNT OF $100,000 TO
ENHANCE SECURITY AND ACCESS FOR FIRE
DEPARTMENT FACILITIES LOCATED AT 480
NORTH CANAL STREET, AMENDING THE FIRE
DEPARTMENT'S OPERATING BUDGET FOR FY
22-23 VIA BUDGET AMENDMENT 23.037, AND
AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE CITY AND
COUNTY OF SAN FRANCISCO URBAN AREA
SECURITY INITIATIVE TO ACCEPT FY 2022 GRANT
FUNDS.
WHEREAS, in 2005, the building located at 480 North Canal was repurposed and improved to
support current Fire Station 61 and Fire Administration operations, including access points to the station
which are utilized numerous times a day; and
WHEREAS, these access points have deteriorated over time and do not meet current security
standards of modern public safety facilities including the technology to monitor access activity; and
WHEREAS, the South San Francisco Fire Department ("SSFFD") has identified the need for
enhanced security at Fire Station 61, Fire Administration, and the Emergency Operations Center (EOC)
as standards for public safety infrastructure continue to evolve, including reinforced access points and
digital entry management; and
WHEREAS, in 2021 the South San Francisco Fire Department (SSFFD) applied for, and was
granted, a station security enhancements grant through the Urban Area Security Initiatives Grant
Program (UASI) for purposes of hardening public safety infrastructure; and
WHEREAS, the SSFFD now wishes to use those grant funds to address the identified needs at
Fire Station 61, Fire Administration, and the EOC.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco ("City") that the City Council hereby accepts $100,000 in grant funding from the Urban Area
Security Initiative to enhance security and access for Fire Department facilities located at 480 North
Canal Street.
BE IT FURTHER RESOLVED, that the City Council amends the Fire Department's operating
budget for FY 2022-2023 via Budget Amendment 23.037 to reflect an increase of $100,000.
City of South San Francisco Page 1
File Number. 22-992
Enactment Number. RES 219-2022
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to
execute the agreement with the City and County of San Francisco Urban Area Security Initiative to
accept FY 2022 grant funds, attached herein as Exhibit A, and take any other actions necessary to carry
out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City
Attorney.
At a meeting of the City Council on 12/14/2022, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Coleman, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Nicolas, Vice Mayor Nagales, Councilmember Coleman, Councilmember
Flores, and Councilmember Addiego
Attest by koo &
osa 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 2022 UASI GRANT FUNDS
THIS AGREEMENT is made this NOVEMBER 1, 2022 in the City and County of San Francisco, State
of California, by and between the CITY OF SOUTH SAN FRANCISCO ("SUBRECIPIENT") 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
SUBRECIPIENT on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
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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 SUBRECIPIENT
(Unique Entity ID: N9CZML7WJW38) under this Agreement. This Agreement shall specifically cover
funds allocated or disbursed from Cal OES Grant No. 2022-0043, Cal OES ID No. 075-95017, CFDA
No. 97.067, per Cal OES award notice dated October 24, 2022.
(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 SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT 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.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal
OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall
have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully
and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any
action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation
decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally
executed, it assumes all risk of possible non -allocation or non -reimbursement of funds, and such
acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San 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 SUBRECIPIENT to perform services or to provide materials,
equipment and supplies that would result in SUBRECIPIENT 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 SUBRECIPIENT for services, materials, equipment or supplies that are provided by
SUBRECIPIENT 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.
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(c) San Francisco and its employees and officers, and the UASI Management Team and its
personnel, are not authorized to offer or promise to SUBRECIPIENT additional funding for this
Agreement that 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, 2022
and shall end at 11:59 p.m. San Francisco time on DECEMBER 31. 2023.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed ONE HUNDRED THOUSAND DOLLARS ($100,000). The City will not automatically
transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must
submit a Reimbursement Request under Section 3.10 of this Agreement, approved by the UASI
Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not
use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for
other federal grants/cooperative agreements, lobbying or intervention in federal regulatory or adjudicatory
proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not
permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1(f) and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until (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, SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification
request without approval from the Approval Authority and/or Cal OES.
(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace (supplant) funds that have been appropriated for the same purpose.
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(d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement.
3.4 Grant Assurances; Other Requirements, Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Grant Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein. SUBRECIPIENT shall
require all subgrantees, contractors and other entities receiving Grant Funds through or from
SUBRECIPIENT to execute a copy of the Grant Assurances, and shall ensure that they comply with those
Grant Assurances.
(b) In addition to complying with all Grant Assurances, SUBRECIPIENT shall comply with
all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of
the grant award; the approved application, and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all subgrantees, contractors and other entities
receiving Grant Funds through or from SUBRECIPIENT comply with all applicable statutes, regulations,
executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant
management memos, and instructions; the terms and conditions of the grant award; the approved
application, and any conditions imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of
San 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.
SUBRECIPIENT 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, SUBRECIPIENT shall supply
documentation certifying that a reduction of non-federal resources occurred for reasons other than the
receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems and records
in accordance with federal and State of California requirements. This provision requires, at a minimum,
that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable
to DHS grants, as applicable to this Agreement and the Grant Plan:
(a) 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:
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1. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, OMB
Circulars A-21, A-87, A-89, A-102, A-110, A-122, and A-133).
3.6 Technoloe► Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all
awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies,
which can capture, store, analyze, transmit and/or display location -based information (i.e., information
linked to a latitude and longitude), and to align any 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) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for
Government Use of CCTV.- Implementing the Fair Information Practice Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Specific Purchases. If SUBRECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any
Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(c) Bond requirement. SUBRECIPIENT shall obtain a performance bond for any equipment
items over $250,000 or any vehicle, aircraft or watercraft financed with Grant Funds.
3.8 Sub rantee and Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any subgrantee, contractor or
other entity receiving Grant Funds through or from SUBRECIPIENT is not debarred, suspended, or
otherwise excluded from or ineligible for participation in federal assistance programs, under Executive
Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain
documentation of eligibility before disbursing Grant Funds to any subgrantee, contractor or other entity.
SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall
establish procedures for the effective use of the "Excluded Parties List System," to assure that it does not
provide Grant Funds to excluded parties. SUBRECIPIENT shall also establish procedures to provide for
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effective use and/or dissemination of the list to assure that its grantees and subgrantees, including
contractors, at any tier do not make awards in violation of the non -procurement debarment and suspension
common rule.
(b) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New
Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any subgrantee, contractor or other entity receiving
Grant Funds through or from SUBRECIPIENT complies with the requirements of 2 CFR Part 3001,
Requirements for Drug -Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring
reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant Plan goals,
objectives, performance requirements, timelines, milestone completion, budgets and other criteria are
being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators, or
other federal or state personnel, when appropriate. Monitoring may involve a combination of desk -based
reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These
reviews will involve a review and analysis of the financial, programmatic, performance and
administrative issues relative to each program and will identify areas where technical assistance and other
support may be needed. The reviews may include, but are not limited to:
1. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and
disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Grant Assurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any
subgrantee, contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This
requirement includes but is not limited to mandatory on-site verification visits.
(c) If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Francisco shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified
for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
(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
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return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
(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.
(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team and to City.
(e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may
withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its
option, City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's
obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainabilih,. Grant Funded programs that contain continuing personnel and operating
expenses, over and above planning and implementation costs, must be sustained once the Grant Funding
ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life
of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees
to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of
any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project
information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review,
and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all
conditions placed on the project as the result of the EHP review, and implement any treatment or
mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the
UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing
documents and/or implementing treatment or mitigation measures. Any change to the approved project
scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing
activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management
Team and ensure monitoring of ground disturbance. If any potential archeological resources are
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discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI
Management Team, which will notify the appropriate State Historic Preservation Office. If
SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall
complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal
OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement Failure of SUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
may be placed on the project as the result of FEMA's and/or Cal DES's EHP review will result in the
denial of Reimbursement Requests.
3.14 National Ener�N Conservation Police and Ener_► PolicN- Acts. SUBRECIPIENT shall
comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC § 13212).
3.15 Rovaltv-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty -
free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to
use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b)
any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed
under this Agreement prominently contain the following statement: "This document was prepared under a
grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD)
within the US Department of Homeland Security. Points of view or opinions expressed in this document
are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or
the US Department of Homeland Security."
ARTICLE 4
REPORTING REQUIREMENTS; AUDITS
4.1 Re:ular Reports. SUBRECIPIENT 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. SUBRECIPIENT shall notify the
UASI Management Team and City immediately of (a) any Event of Default or event that, with the
passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause
any of the representations or warranties contained in Article 5 to be false or misleading at any time during
the term of this Agreement; and (c) any change of circumstances or events that would cause
SUBRECIPIENT to be out of compliance with the Grant Assurances in Appendix B.
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4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial
books and accounting records relating to Authorized Expenditures and to Grant Funds received and
expended under this Agreement, together with all invoices, documents, payrolls, time records and other
data related to the matters covered by this Agreement, whether funded in whole or in part with Grant
Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and
other data required to be maintained under this Section in a readily accessible location and condition for a
period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal
OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team
and to 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 SUBRECIPIENT under Section 4.3, and allow access and
the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City,
and UASI Management Team and City employees and authorized representatives, to inspect, audit,
examine and make excerpts and transcripts from any of the foregoing. The rights of the UASI
Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT
has the obligation to maintain such files, records, books, invoices, documents, payrolls and other data
under this Article 4. The DHS, the Comptroller General of the United States or designee, and Cal OES
.shall have the same inspection and audit rights as the City and UASI Management Team.
SUBRECIPIENT shall cooperate with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 of this agreement is $750,000 or more,
SUBRECIPIENT shall submit an organization -wide financial and compliance audit report. The audit
must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200
Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six
months after the end of SUBRECIPIENT's fiscal year.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furnished by SUBRECIPIENT to the UASI
Management Team 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 Elieibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds, and specifically certifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in
federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and
Suspension" and implemented at 2 CFR Part 3000.
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(b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds
to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6 CFR
Part 9.
(c) SUBRECIPIENT complies with the Drug -Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free
workplace as required under that Act and implementing regulations.
(d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See OMB
Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material
terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National
Incident Management System ("NIMS") compliance requirements, and report full NIMS compliance via
the National Incident Management System Capability Assessment Support Tool ("NIMSCAST"). By
executing this Agreement, SUBRECIPIENT certifies that it is in full NIMS compliance, and that it has
reported that compliance via the NIMSCAST. SUBRECIPIENT shall provide documentation of its
NIMS compliance to the UASI Management Team. SUBRECIPIENT acknowledges that this
certification is a material term of the Agreement.
ARTICLE 6 '
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement SUBRECIPIENT; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused,
directly or indirectly, by any act or omission of SUBRECIPIENT or its employees, subgrantees or agents;
(d) any loss of or damage to property caused, directly or indirectly, by any act or omission of
SUBRECIPIENT or its employees, subgrantees or agents; (e) the use, misuse or failure of any equipment
or facility used by SUBRECIPIENT, or by any of its employees, subgrantees or agents, regardless of
whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified
Party; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under
Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right
or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or
services furnished by SUBRECIPIENT or its employees, subgrantees or agents to such Indemnified Party
in connection with this Agreement. The foregoing indemnity shall include, without limitation, reasonable
fees of attorneys, consultants and experts and related costs and San Francisco's costs of investigating any
claims against San Francisco.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation
to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its
other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of
Section 6. 1, regardless of whether the allegations asserted in connection with such Loss are or may be
groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give
SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such
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Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of
interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
Indemnified Parry pursuant to Section 6. 1, unless such failure materially impairs SUBRECIPIENT's
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in
liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN FRANCISCO. CITY'S OBLIGATIONS UNDER
THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when performance or observance is due and such failure or breach continues for a period of ten (10) days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT (i) is generally not paying its debts as they
become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment
for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT's property
or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,
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receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or
(iii) ordering the dissolution, winding -up or liquidation of SUBRECIPIENT.
7.2 Remedies u>)on Event of Default. Upon and during the continuance of an Event of Default, City
may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
and approved by the UASI Management Team and by City prior to the date of termination specified in
such notice.
(b) Withholdiny, of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the UASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement, together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time
during the term hereof, for convenience and without cause. City shall exercise this option by giving
SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perform, with
diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior approval of the UASI
Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the
UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse
SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team
as specified in subparagraph (b).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its
contractors or subgrantees after the termination date specified by City.
(e) City's payment obligation under this Section shall survive termination of this Agreement.
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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
8.1 No Assignments SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights,
duties or obligations of SUBRECIPIENT hereunder without the prior written consent of the UASI
Management Team; 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 SUBRECIPIENT involuntarily or by operation of law
without the prior written consent of City. A change of ownership or control of SUBRECIPIENT or a sale
or transfer of substantially all of the assets of SUBRECIPIENT shall be deemed an assignment for
purposes of this Agreement.
8.2 Aereement Made in Violation of this Article. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for
the performance by any subgrantee contractor, or assignee of all of the covenants, terms and conditions in
this Agreement.
ARTICLE 9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approvals, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, (b) hand delivered 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
maryellen.carroll(a-,sf ov.org
If to the UASI Management Team:
UASI Management Team
1663 Mission Street, Suite #320
San Francisco, CA 94103
Attn: Craig Dziedzic, General Manager
craig.dziedzic6'-bsf og v org
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If to SUBRECIPIENT:
City of South San Francisco Fire Department
480 North Canal Street, South San Francisco CA 94080
Attn: Matthew Samson, Deputy Fire Chief
matt.samsonrri ssfnet
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 Chance of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San 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 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority, as and when due, any and all taxes, fees, assessments or other governmental
charges, including possessory interest taxes and California sales and use taxes, levied upon or in
connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by
this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
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10.6 Entire AEreement. 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 Authori Upon request of San Francisco, SUBRECIPIENT
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 SUBRECIPIENT.
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision
valid and enforceable.
10.9 Successors; No Third -Party Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity (other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations of SUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do
such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of 2008 (P.L. 110-252), full disclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (OMB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFATA
reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub -recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
1. 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;
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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 Cooueration with UASI Prop -rams and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in
UASI-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds.
(c) SUBRECIPIENT 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) SUBRECIPIENT 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) SUBRECIPIENT 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 Tvves and Amounts of Covera_- e. Without limiting SUBRECIPIENT's liability pursuant to
Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the
Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits not less
than $1,000,000 each accident, injury, or illness; and
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(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 Reuuirements for General and Automobile Covera,-, e. 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, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of
SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Reg uirements 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 Re wired Post -Expiration Coverage., Should any of the required insurance be provided under a
claims -made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
effect that, should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims -made policies.
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do
business in the State of California, and that are satisfactory to City, in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
FY 22 UASI — SSFFD Page 18 of 21 November 1, 2022
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
11.9 Effect of Ali proval. Approval of the insurance by City shall not relieve or decrease the liability
of SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor or
subgrantee will be used to complete any portion of this Agreement, SUBRECIPIENT 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 SUBRECIPIENT as additional insureds.
11.11 Authority to Self -Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self-
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide
proof of self-insurance, in a form acceptable to San Francisco, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Francisco employee working with SUBRECIPIENT or any
subgrantee of SUBRECIPIENT, applicant for employment with SUBRECIPIENT or subgrantee of
SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges,
services, or membership in all business, social, or other establishments or organizations, on the basis of
the fact or perception of a person's race, color, creed, religion, national origin, ancestry, age, height,
weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or
Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members
of such protected classes, or in retaliation for opposition to discrimination against such classes.
12.2 Conflict of Interest. Through its execution of this Agreement, SUBRECIPIENT acknowledges
that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government
Code of the State of California, and certifies that it does not know of any facts which constitutes a
violation of said provisions and agrees that it will immediately notify City if it becomes aware of any
such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs,
services and other activities provided by a public entity to the public, whether directly or through a
grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate
against any person protected under the ADA in connection with all or any portion of the Grant Plan and
shall comply at all times with the provisions of the ADA.
12.4 Prohibition on Political Activity with City Funds. In accordance with San Francisco
Administrative Code Chapter 12G, SUBRECIPIENT 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. SUBRECIPIENT 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 SUBRECIPIENT from bidding on or receiving any new City contract for a period of two (2)
years. The Controller will not consider SUBRECIPIENT's use of profit as a violation of this section.
FY 22 UASI — SSFFD Page 19 of 21 November 1, 2022
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
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 22 UASI — SSFFD Page 20 of 21 November 1, 2022
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60068C
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
MARY ELLEN CARROLL
EXECUTIVE DIRECTOR
Approved as to Form:
David Chiu
City Attorney
In
CHRISTINA FLETES-ROMO
DEPUTY CITY ATTORNEY
CITY OF SOUTH SAN FRANCISCO:
FIRE DEPARTMENT
Lo
JESS MAGALLANES
FIRE CHIEF
Federal Tax ID #: 94-6000435
Approved as to Form:
LIN
SKY WOODRUFF
CITY ATTORNEY
MIKE FUTRELL
CITY MANAGER
FY 22 UASI — SSFFD Page 21 of 21 November 1, 2022
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DocuSign Envelope ID: D 1 180769-2F32-46DD-A894-929D8B60058C
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: [email protected]
As the duly authorized representative of the SUBRECIPIENT, I hereby certify that the
SUBRECIPIENT has the legal authority to apply for federal assistance and the institutional,
managerial, and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the project
described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to SUBRECIPIENT and any of
its subrecipients.
I further acknowledge that the SUBRECIPIENT is responsible for reviewing and
adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
(c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements
for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal
Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB)
and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The SUBRECIPIENT
hereby agrees to comply with the following:
1. Proof of Authority
FY 22 UASI — SSFFD B-1 November 1, 2022
Initials:
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
The SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT and the city council, governing board, or
authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d) The SUBRECIPIENT 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 SUBRECIPIENT.
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 SUBRECIPIENT 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 SUBRECIPIENT 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
FY 22 UASI — SSFFD B-2 November 1, 2022
Initials:
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT agrees that federal funds will not be used, directly or
indirectly, to support the enactment, repeal, modification or adoption of any law,
regulation or policy without the express written approval from the California
Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the SUBRECIPIENT will provide
protection against waste, fraud, and abuse by debarring or suspending those persons
deemed irresponsible in their dealings with the federal government. The
SUBRECIPIENT certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(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
FY 22 UASI — SSFFD B-3 November 1, 2022
Initials:
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
public transaction (federal, state, or local) terminated for cause or default.
Where the SUBRECIPIENT 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 SUBRECIPIENT 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), whichprohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground -floor units in buildings without elevators)— 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
FY 22 UASI — SSFFD B-4 November 1, 2022
Initials:
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in
hiring and employment in both the United States federal workforce and on the
part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith -based organizations, under
which the SUBRECIPIENT must comply with equal treatment policies and
requirements contained in 6 C.F.R. Part 19;
(1) The SUBRECIPIENT 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
SUBRECIPIENT certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The SUBRECIPIENT 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,
FY 22 UASI —SSFFD B-5 November 1, 2022
Initials:
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
§§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes
the basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income populations
with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency empowered
to enter into contracts for the procurement of goods, materials, or services and
each federal agency empowered to extend federal assistance by way of grant,
loan, or contract shall undertake such procurement and assistance activities in a
manner that will result in effective enforcement of the Clean Air Act and the
Federal Water Pollution Control Act Executive Order 11990 which requires
preservation ofwetlands;
(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 wildand scenic
rivers system.
The SUBRECIPIENT 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.
FY 22 UASI — SSFFD B-6 November 1, 2022
Initials:
DocuSign Envelope ID: D1180769-2F32-46DD-A894-929D8B60058C
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
SUBRECIPIENT will perform 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
The SUBRECIPIENT must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the SUBRECIPIENT 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
SUBRECIPIENT will require any subrecipients, contractors, successors, transferees and
assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The SUBRECIPIENT will establish safeguards to prohibit the SUBRECIPIENT'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 SUBRECIPIENT will comply with 31 U.S.0 §§ 3729-
3733 which provides that SUBRECIPIENT shall not submit a false claim for payment,
reimbursement, or advance.
12. Reporting - Accountability
The SUBRECIPIENT agrees to comply with applicable provisions of the Federal
Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but
not limited to (a) the reporting of subawards obligating $30,000 or more in federal
funds, and (b) executive compensation data for first-tier subawards as set forth in 2
C.F.R. Part 170, Appendix A. The SUBRECIPIENT also agrees to comply with the
requirements set forth in the government -wide financial assistance award term
regarding the System for Award Management and Universal Identifier Requirements
located at 2 C.F.R. Part 25, Appendix A.
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13. Whistleblower Protections
The SUBRECIPIENT 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 SUBRECIPIENT will comply with the requirements of Section 106(g) of the
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which
prohibits the SUBRECIPIENT or its subrecipients from: (1) engaging in trafficking in
persons during the period of time that the award is in effect; (2) procuring a commercial
sex act during the period of time that the award is in effect; or (3) using forced labor in
the performance of the award or subawards under the award.
15. Labor Standards
The SUBRECIPIENT will comply with the following federal labor standards:
(a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally -assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
16. Worker's Compensation
The SUBRECIPIENT must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws set
forth in California Labor Code §§ 3700 et seq.
17. Property -Related
If applicable to the type of project funded by this federal award, the SUBRECIPIENT
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;
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(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal
award subrecipients in a special flood hazard area to participate in the program
and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16U.S.C. § 469a-1
et seq.); and
(d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §
4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in
construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally -Funded Construction Projects
For all construction projects, the SUBRECIPIENT will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions
from the awarding agency. Will record the federal awarding agency directives
and will include a covenant in the title of real property acquired in whole or in
part with federal assistance funds to assure nondiscrimination during the useful
life of the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved
plans and specifications and will furnish progressive reports and such other
information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The SUBRECIPIENT is required to comply with California Vehicle Code sections 23123
and 23123.5. These laws prohibit driving motor vehicle while using an electronic
wireless communications device to write, send, or read a text -based communication.
Drivers are also prohibited from the use of a wireless telephone without hands-free
listening and talking, unless to make an emergency call to 911, law enforcement, or
similar services.
FY 22 UASI — SSFFD B-9 November 1, 2022
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20. California Public Records Act and Freedom of Information Act
The SUBRECIPIENT 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 SUBRECIPIENT should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application, needs
assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) —
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The SUBRECIPIENT must acknowledge its use of federal funding when issuing
statements, press releases, requests for proposals, bid invitations, and other documents
describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The SUBRECIPIENT must ensure that project activities carried on outside the United
States are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information
(PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. If the SUBRECIPIENT collectsPII, the
SUBRECIPIENT is required to have a publicly -available privacy policy that describes
standards on the usage and maintenance of PII they collect. The SUBRECIPIENT may
refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template
as a useful resource.
24. Copyright
The SUBRECIPIENT must affix the applicable copyright notices of 17 U.S.C. §§ 401 or
402 and an acknowledgement of U.S. Government sponsorship (including the award
number) to any work first produced under federal financial assistance awards.
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2
C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude the SUBRECIPIENT
from shifting costs that are allowable under two or more awards in accordance with
existing federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. Energy Policy and Conservation Act
The SUBRECIPIENT must comply with the requirements of 42 U.S.C. § 6201 which
contain policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
The SUBRECIPIENT is required to be non -delinquent in its repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The SUBRECIPIENT 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, the
SUBRECIPIENT 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.
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30. Non -supplanting Requirement
If the SUBRECIPIENT receives federal financial assistance awards made under
programs that prohibit supplanting by law, the SUBRECIPIENT must ensure that federal
funds do not replace (supplant) funds that have been budgeted for the same purpose
through non- federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the SUBRECIPIENT is subject to the Bayh-Dole Act,
Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The
SUBRECIPIENT is subject to the specific requirements governing the development,
reporting, and disposition of rights to inventions and patents resulting from financial
assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause
located at 37 C.F.R. § 401.14.
32. SAFECOM
If the SUBRECIPIENT receives federal financial assistance awards made under
programs that provide emergency communication equipment and its related activities,
the SUBRECIPIENT must comply with the SAFECOM Guidance for Emergency
Communication Grants, including provisions on technical standards that ensure and
enhance interoperable communications.
33. Terrorist Financing
The SUBRECIPIENT 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. The SUBRECIPIENT is legally responsible
for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity andPerformance
If the total value of the SUBRECIPIENT's currently active grants, cooperative
agreements, and procurement contracts from all federal assistance offices exceeds
$10,000,000 for any period of time during the period of performance of this federal
financial assistance award, the SUBRECIPIENT 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.
FY 22 UASI — SSFFD B-12 November 1, 2022
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35. USA Patriot Act of 2001
The SUBRECIPIENT must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The SUBRECIPIENT must obtain permission from their DHS Financial Assistance
Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or
likenesses of DHS agency officials, including use of the United States Coast Guard
seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, the SUBRECIPIENT must demonstrate
how the grant -funded project addresses the core capability gap associated with each
project and identified in the Threat and Hazard Identification and Risk Analysis or
Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the SUBRECIPIENT and flow down to any of its subrecipients as a matter
of law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions
does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or
responsibility upon the Tribe where it does not already exist.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The SUBRECIPIENT must comply with the `Build America, Buy America" Act
(BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive
Order 14005. SUBRECIPIENTs receiving a federal award subject to BABAA
requirements may not use federal financial assistance funds for infrastructure projects
unless:
(a) All iron and steel used in the project are produced in the United States — this
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means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States
— this means the manufactured product was manufactured in the United States;
and the cost of the components of the manufactured product that are mined,
produced, or manufactured in the United States is greater than 55 percent of the
total cost of all components of the manufactured product, unless another
standard for determining the minimum amount of domestic content of the
manufactured product has been established under applicable law or regulation;
and
(c) All construction materials are manufactured in the United States — this means
that all manufacturing processes for the construction material occurred in the
United States.
The `Buy America" preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. It does not apply
to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as
movable chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America
preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest
Waiver of the BABAA requirements to be effective for a period of six months,
through January 1, 2023. SUBRECIPIENTs will not be required to follow the
BABAA requirements for FEMA awards made, and any other funding FEMA
obligates, during this waiver period. For any new awards FEMA makes after
January 1, 2023, as well as new funding FEMA obligates to existing awards or
through renewal awards where the new funding is obligated after January 1, 2023,
SUBRECIPIENTs will be required to follow the BABAA requirements unless
another waiver is requested and approved.
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
FY 22 UASI — SSFFD B-14 November 1, 2022
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SUBRECIPIENT recognizes and agrees that state financial assistance will be extended
based on the representations made in these assurances. These assurances are binding on
SUBRECIPIENT, its successors, transferees, assignees, etc. as well as any of its
subrecipients.
Failure to comply with any of the above assurances may result in suspension,
termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
SUBRECIPIENT 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 Cal OES determines that the SUBRECIPIENT: (1) has made false
certification, or (2) violates the certification by failing to carry out the requirements as
noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. SUBRECIPIENTs are bound by the Department
of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fyl5-dhs- standard -terms -and -conditions.
The undersigned represents that he/she is authorized to enter into this agreement
for and on behalf of the SUBRECIPIENT.
SUBRECIPIENT:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
FY 22 UASI — SSFFD B-15 November 1, 2022
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Appendix C -- Form of Reimbursement Request
REIMBURSEMENT REQUEST
Date:
UASI Management Team
1663 Mission Street, Suite 320
San Francisco, CA 94102
Re: FY 22 UASI Grant Reimbursement Request
Pursuant to Section 3.10 of the "Agreement between the City and County of San Francisco and the
City of South San Francisco for the Distribution of FY 2022 UASI Grant Funds" (the "Agreement"),
dated NOVEMBER 1, 2022 between the City of South San Francisco ("SUBRECIPIENT") and the
City and County of San Francisco, SUBRECIPIENT 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:
SUBRECIPIENT certifies that:
(a) The total amount of funds requested pursuant to this Reimbursement Request will be
used to reimburse SUBRECIPIENT for Authorized Expenditures, which expenditures are
set forth on the attached 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 2022 UASI — SSFFD C-1 November 1, 2022
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(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 SUBRECIPIENT is in
compliance with all Grant Assurances in Appendix B of the Agreement. Furthermore, by
signing this report, SUBRECIPIENT certifies to the best of their knowledge and belief
that the report is true, complete and accurate and expenditures, disbursements, and
cash receipts are for the purpose and objectives set forth in the terms and conditions of
the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudulent
information or the omission of any material fact, may subject SUBRECIPIENT to criminal
civil or administrative penalties for fraud, false statements, false claims or otherwise.
(d) No Event of Default has occurred and is continuing.
(e) The undersigned is an officer of SUBRECIPIENT authorized to execute this
Reimbursement Request on behalf of SUBRECIPIENT.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
FY 2022 UASI — SSFFD C-2 November 1, 2022
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SCHEDULE 1 TO REQUEST FOR REIMBURSEMENT
The following is an itemized list of Authorized Expenditures for which reimbursement is requested:
If final claim
Project Payee Amount Description for project,
check box
10-1
0
The following are attached as part of this Schedule 1 (Please check items that 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
❑ 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 2022 UASI — SSFFD C-3 November 1, 2022