HomeMy WebLinkAbout2022-02-08; City Council; ; Fiscal Year 2020 State Homeland Security Grant ProgramCA Review __AF__
Meeting Date: Feb. 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: David Harrison, Assistant Director for Emergency Services
david.harrison@carlsbadca.gov, 760-457-1209
Subject: Fiscal Year 2020 State Homeland Security Grant Program
Districts: All
Recommended Action
Adopt a resolution authorizing the standard assurances for California Office of Emergency
Services Federal Non-Disaster Grant Programs, the City Manager to accept fiscal year 2020
State Homeland Security Grant Program funds and the Deputy City Manager for Administrative
Services to appropriate funds for program expenses.
Executive Summary/Discussion
The City of Carlsbad was invited to participate in the yearly San Diego County-administered
State Homeland Security Grant Program. The program provides funds to build capabilities in
support of state homeland security strategies and goals. These goals include enhancing
capabilities for responses to catastrophic incidents. These funds also support public safety, a
core value of the Carlsbad Community Vision.
The County of San Diego applies for, receives and locally administers federal grant funds
associated with this program. The county’s Unified Disaster Council is the governing body that
determines the local grant fund distribution formula, which is based on population. The City of
Carlsbad was approved for a grant of $87,623.
The Carlsbad Police and Fire departments jointly review allowable grant expenditures,
determine the needs of each department and allocate funds based on identified needs. These
capability enhancement needs are typically identified during incident response operations or
exercises.
•The Police Department will purchase binocular night vision device kits, for a cost of
up to $43,812.
•The Fire Department will purchase a rescue shore trench kit, equipment used to shore
up trenches and other potential accident sites for rescues, also for a cost of up to
$43,812.
Accepting these funds require approving certain standard assurances. The standard assurances
for federal grant programs require that participating agencies obtain written authorization from
the city council, governing board or authorized body. The standard assurances that the
Feb. 8, 2022 Item #2 Page 1 of 20
Governor’s Office of Emergency Services requires for the City Council and the applicant, that is,
the city, to make five findings related to “proof of authority” to receive the fiscal year 2020
grants. The assurances state:
The Applicant will obtain proof of authority from the city council, governing
board, or authorized body in support of this project. This written authorization
must specify that the Applicant and the city council, governing board, or
authorized body agree:
a) To provide all matching funds required for the grant project and that
any cash match will be appropriated as required [Staff note: not
required or applicable to SHSGP funds];
b) Any liability arising out of the performance of this agreement shall
be the responsibility of the Applicant and the city council, governing
board, or authorized body;
c) Grant funds shall not be used to supplant expenditures controlled by
the city council, governing board, or authorized body;
d) Applicant is authorized by the city council, governing board, or
authorized body to apply for federal assistance, and the institutional,
managerial and financial capability (including funds sufficient to pay
the non-State share of the project cost, if any) to ensure proper
planning, management and completion of the project described in
the application; and
e) Official executing this agreement is authorized by the Applicant.
This proof of authority must be maintained on file and readily available upon request.
Options
Staff recommend adopting a resolution accepting the FY 2020 State Homeland Security Grant
Program funds. These grant funds will enable departments to purchase the specified equipment
to help enhance catastrophic incident response capabilities with no cost to the city. Without
the grant funds, the equipment will not be purchased.
Fiscal Analysis
No matching funds are required for the State Homeland Security Grant Program. All grant-
related expenditures will be reimbursed by periodic grant reimbursements. (The funds are to be
spent by May 31, 2022, with reimbursement requests due by July 31, 2022.)
Next Steps
If the City Council adopts the resolution, the City Manager will accept these funds and the
Deputy City Manager for Administrative Services will appropriate $87,623 to the Public Safety
Grants Special Revenue Fund to be used to buy the specified items.
Environmental Evaluation
This action does not require environmental review because it does not constitute a “project”
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Feb. 8, 2022 Item #2 Page 2 of 20
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. City Council resolution
2. State Homeland Security Grant Program standard assurances
3. FY 2020 State Homeland Security Grant allocation proposal
Feb. 8, 2022 Item #2 Page 3 of 20
Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING GRANT PROGRAM STANDARD ASSURANCES
AND ACCEPTING AND APPROPRIATING FUNDS IN THE AMOUNT OF $87,623
FOR PUBLIC SAFETY THROUGH FISCAL YEAR 2020 STATE HOMELAND
SECURITY GRANT PROGRAM
WHEREAS, State Grant Program Standard Assurances require Proof of Authority be obtained
from the city council; and
WHEREAS, this written Proof of Authority is agreed to by the Applicant and the city council; and
WHEREAS, the City Manager for the City of Carlsbad is hereby appointed as the Applicant and
Official executing this agreement; and
WHEREAS, the City Council of the City of Carlsbad, California has been allocated funds through
fiscal year 2020 State Homeland Security Grant Program to enhance catastrophic incident response;
and
WHEREAS, The Carlsbad Police and Fire departments, based on lessons from incident response
operations and exercises, propose to enhance catastrophic incident response capabilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council of the City of Carlsbad hereby provides its written authorization in
support of the grant program project and agrees:
a. To provide all matching funds required for the grant project and that any cash match
will be appropriated, if applicable.
b. Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council; and
c. Grant funds shall not be used to supplant expenditures controlled by the city council;
and
d. Applicant is authorized by the city council to apply for State assistance, and the
institutional, managerial and financial capability (including funds sufficient to pay
the non-State share of project cost, if any) to ensure proper planning, management
and completion of the project described in this application.
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e. Official executing the agreement, the City Manager, is authorized by the Applicant.
3. That these Proof of Authority Standard Assurances are in effect unless changed by the
State or rescinded by the City Council.
4. That the grant funds will be used to purchase binocular night vision device kits and a
rescue shore trench kit.
5. That the expenditures specified are authorized in compliance with the grant.
6. That the City Manager of the City of Carlsbad is hereby authorized and directed to
execute said award with the County of San Diego, for receipt of the subject grant funds,
as well as any required reports and/or statements.
7. That the Deputy City Manager for Administrative Services is authorized to appropriate
$87,623 to the Public Safety Special Revenue Fund for the fiscal year 2020 State
Homeland Security Grant Program.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Feb. 8, 2022 Item #2 Page 5 of 20
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 1 of 14 Initials
As the duly authorized representative of the Applicant, I hereby certify that the
Applicant has the legal authority to apply for federal assistance and the institutional,
managerial and financial capability (including funds sufficient to pay any non-federal
share of project cost) to ensure proper planning, management, and completion of the
project described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for 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 Applicant hereby
agrees to comply with the following:
1.Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or
authorized body in support of this project. This written authorization must specify that
the Applicant and the city council, governing board, or authorized body agree:
(a)To provide all matching funds required for the grant project and that any cash
match will be appropriated as required;
(b)Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, or
authorized body;
(c)Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
Exhibit 2
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
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The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508
and §§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor’s Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection
against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the federal government. The Applicant certifies that
it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or
a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or
more public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
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For Cal OES Federal Non-Disaster Grant Programs
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination on the basis of race, color, or
national origin and requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federally
funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits
discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which
prohibits discrimination on the basis of disability and requires buildings and
structures be accessible to those with disabilities and access and functional
needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits
discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to
nondiscrimination in the sale, rental or financing of housing as implemented by
the Department of Housing and Urban Development at 24 C.F.R. Part100. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units—i.e., the public and
common use areas and individual apartment units (all units in buildings with
elevators and ground-floor units in buildings without elevators)— be designed
and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally
assisted construction contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(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;
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For Cal OES Federal Non-Disaster Grant Programs
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under
which all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act
(FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, mental and physical disability, genetic
information, medical condition, age, pregnancy, denial of medical and family
care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these
categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which
application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this
application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the
Applicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000- 21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions
from stationary and mobile sources;
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(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et
seq.);
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to
protecting components or potential components of the national wild and
scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by
the State Air Resources Board or an air pollution district; 2) subject to a cease and
desist order pursuant to § 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or 3) determined to be in violation
of federal law relating to air or water pollution.
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency,
the Comptroller General of the United States and, if appropriate, the state, through
any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award. The Applicant will require any
subrecipients, contractors, successors, transferees and assignees to acknowledge
and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733
which sets forth that no subrecipient, recipient, or subrecipient shall submit a false
claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $25,000 or more in federal funds and (b) executive
compensation data for first-tier subawards. This includes the provisions of FFATA,
which includes requirements for executive compensation, and also requirements
implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial
Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
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14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: (1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and other non-profit
organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project
purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients
in a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more;
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(c) Assist the awarding agency in assuring compliance with Section 106 of the
(d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et
seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication. Drivers
are also prohibited from the use of a wireless telephone without hands-free listening
and talking, unless to make an emergency call to 911, law enforcement, or similar
services.
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20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity’s grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) –
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that
appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. All recipients who collect PII are required to
have a publically-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
an acknowledgement of U.S. Government sponsorship (including the award number)
to any work first produced under federal financial assistance awards.
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25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting
costs that are allowable under two or more awards in accordance with existing
federal statutes, regulations, or the federal financial assistance award terms and
conditions.
26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §
40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-
138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all
Applicants must ensure that all conference, meeting, convention, or training space
funded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. § 2225a.
Feb. 8, 2022 Item #2 Page 16 of 20
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 12 of 14 Initials
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non-
federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32. SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient’s currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
Feb. 8, 2022 Item #2 Page 17 of 20
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 13 of 14 Initials
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their 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.
Feb. 8, 2022 Item #2 Page 18 of 20
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Page 14 of 14 Initials
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc. The
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the
above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to comply
with these requirements may result in suspension of payments under the grant or
termination of the grant or both and the subrecipient may be ineligible for award of any
future grants if the Cal OES determines that any of the following has occurred: (1) the
recipient has made false certification, or (2) violates the certification by failing to carry
out the requirements as noted above.
All of the language contained within this document must be included in the award
documents for all subawards at all tiers. All recipients are bound by the Department of
Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby
incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Subrecipient:
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title: Date:
Feb. 8, 2022 Item #2 Page 19 of 20
JURISDICTIONCITIESLE - 25% of FY19 AllocationNon-LE AllocationTOTALSworn LE Personnel Figures(2019)LE - 25% of FY20 AllocationNon-LE Population(2019) Non-LE AllocationTOTAL% Change from FY2019 to FY2020CARLSBAD16,609 65,233 81,842 129 19,209 115,241 68,414 87,623 7.06%CHULA VISTA32,351 145,572 177,923 224 33,355 271,411 154,349 187,704 5.50%CORONADO6,499 16,394 22,893 43 6,403 24,199 18,316 24,719 7.98%DEL MAR- 7,271 7,271 - - 4,451 7,449 7,449 2.45%EL CAJON17,909 60,470 78,379 126 18,762 105,559 63,086 81,848 4.43%ENCINITAS- 38,189 38,189 - - 63,390 39,882 39,882 4.43%ESCONDIDO22,819 84,601 107,420 159 23,676 152,739 89,048 112,724 4.94%ESCONDIDO RINCON DEL DIABLO- 7,461 7,461 - - 14,199 7,813 7,813 4.72%IMPERIAL BEACH- 19,800 19,800 - - 27,448 20,104 20,104 1.54%LA MESA9,965 37,192 47,157 69 10,274 60,820 38,468 48,742 3.36%LEMON GROVE- 19,101 19,101 - - 27,208 19,972 19,972 4.56%NATIONAL CITY13,576 37,716 51,292 95 14,146 62,307 39,286 53,432 4.17%NATIONAL CITY - LINCOLN ACRES- 836 836 - - 1,591 875 875 4.67%OCEANSIDE32,496 98,203 130,699 225 33,504 178,021 102,959 136,463 4.41%POWAY- 31,384 31,384 - - 50,320 32,690 32,690 4.16%SAN DIEGO294,626 - 294,626 2,043 304,212 - - 304,212 3.25%SAN MARCOS- 55,326 55,326 - - 98,369 59,130 59,130 6.88%SAN MARCOS FPD- 7,504 7,504 - - 14,280 7,858 7,858 4.72%SANTEE- 34,950 34,950 - - 58,408 37,140 37,140 6.27%SOLANA BEACH- 12,324 12,324 - - 13,933 12,667 12,667 2.78%VISTA- 59,326 59,326 - - 101,987 61,121 61,121 3.03%VISTA FPD- 10,546 10,546 - - 20,068 11,043 11,043 4.71%TOTAL CITIES446,850 849,399 1,296,249 3,113 463,541 1,465,949 891,670 1,355,211 4.55%FIRE DISTRICTS/OTHERALPINE FPD- 13,228 13,228 - - 15,658 13,616 13,616 2.93%DEER SPRINGS FPD- 11,693 11,693 - - 12,737 12,009 12,009 2.70%JULIAN-CUYAMACA FPD- 7,145 7,145 - - - - - -100.00%LAKESIDE FPD- 37,940 37,940 - - 62,684 39,493 39,493 4.09%NORTH COUNTY FPD- 32,009 32,009 - - 51,397 33,282 33,282 3.98%PORT OF SAN DIEGO19,208 - 19,208 134 19,953 - - 19,953 3.88%RANCHO SANTA FE FPD- 22,883 22,883 - - 34,031 23,726 23,726 3.68%SAN MIGUEL FPD- 70,844 70,844 - - 125,300 73,949 73,949 4.38%VALLEY CENTER FPD- 13,738 13,738 - - 16,628 14,150 14,150 3.00%TOTAL FIRE DISTRICTS/OTHER19,208 209,480 228,688 134 19,953 318,435 210,225 230,178 0.65%2-1-1 SAN DIEGO CONTRACT70,000 70,000 70,000 70,000 0.00%COUNTY DEPTSUDC SHARE0 102,357 102,357 - - - 102,357 102,357 0.00%M&A (5%)0 169,294 169,294 - - - 175,440 175,440 3.63%HHSA-EMS80,000 80,000 80,000 80,000 0.00%OES- 1,058,882 1,058,882 - - - 1,101,898 1,101,898 4.06%SHERIFF380,416 - 380,416 2,644 393,704 - - 393,704 3.49%TOTAL COUNTY DEPTS380,416 1,410,533 1,790,949 2,644 393,704 - 1,459,695 1,853,399 3.49%TOTAL ALLOCATIONS846,474 2,539,412 3,385,886 5,891 877,198 1,784,384 2,631,590 3,508,788 3.63%Notes:FY 2020 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT ALLOCATION PROPOSALFY2019 - ALLOCATIONFY2020 - PROPOSAL*Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%.*San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista.Exhibit 3
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