HomeMy WebLinkAbout2023-01-24; City Council; ; Fiscal Year 2021 State Homeland Security Program GrantCA Review ___AF___
Meeting Date: Jan. 24, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kim Young, Assistant Director of Emergency Services
kim.young@carlsbadca.gov, 760-457-1142
Subject: Fiscal Year 2021 State Homeland Security Program Grant
District: All
Recommended Action
Adopt a resolution authorizing the City Manager to execute standard assurances with the
County of San Diego Office of Emergency Services and to accept $83,321 in fiscal year 2021
State Homeland Security Program grant funds and authorizing the Deputy City Manager of
Administrative Services to appropriate funds for program expenses.
Executive Summary
The City of Carlsbad was approved to receive a $83,321 grant from the San Diego County-
administered State Homeland Security Program.
With these grant funds, the Police Department will purchase active shooter deluxe trauma kits
and radio equipment and the Fire Department will purchase automated external defibrillators.
The City Council’s approval is required for the city to accept the funds under the terms of the
grant.
Discussion
The State Homeland Security Program provides grants to build the capabilities of state and local
police agencies to support of homeland security strategies and goals. These capabilities include
agencies’ responses to catastrophic incidents. These funds also support public safety, a core
value of Carlsbad’s 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 the population of the
municipalities.
There is no matching fund requirement for the grant program.
Jan. 24, 2023 Item #5 Page 1 of 19
These funds will enable both departments to purchase the specified equipment to help
enhance catastrophic incident response capabilities. Without the grant funds, the equipment
will not be purchased.
Fiscal Analysis
The Deputy City Manager of Administrative Services will appropriate program funds to the
Public Safety Grant Special Revenue Fund. After purchasing the equipment, reimbursement
requests will be submitted to the County of San Diego. Reimbursement payments will be
deposited to the special revenue fund to offset program expenditures.
Next Steps
With City Council approval, the City Manager will sign the attached standard assurances and the
Deputy City Manager of Administrative Services will appropriate $83,321 to the special revenue
fund. Police and fire personnel will purchase the equipment and then submit reimbursement
requests to the County of San Diego.
Environmental Evaluation
This action 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.
Public Notification
This item was noticed in accordance with the state’s 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
Jan. 24, 2023 Item #5 Page 2 of 19
RESOLUTION NO. 2023-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING GRANT FUNDS FOR FISCAL YEAR 2021 STATE
HOMELAND SECURITY PROGRAM, AUTHORIZING THE CITY MANAGER TO
EXECUTE STANDARD ASSURANCES, AND APPROPRIATING $83,321 TO THE
PUBLIC SAFETY SPECIAL REVENUE FUND
WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2021 State Homeland
Security Program; and
WHEREAS, the grant program will provide up to $83,321 for equipment to enhance catastrophic
incident response; and
WHEREAS, the City Council for the City of Carlsbad, California desires to authorize the city
manager to take all necessary action to accept, appropriate, and expend said grant funds, and to make
the findings required by the terms of the grant program.
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 manager is hereby authorized and directed to accept the award from the
State Homeland Security Program for receipt of the subject grant funds, and to prepare
and submit any reports and final statements required by standard assurances.
3.That the city manager, or designee, is authorized to execute standard assurances with
the County of San Diego for the distribution of Fiscal Year 2021 State Homeland Security
Program grant funds (Attachment A).
4.That the deputy city manager of administrative services is authorized to appropriate
$83,321 to the Public Safety Special Revenue Fund for the Fiscal Year 2021 State
Homeland Security Program.
5.That the expenditures specified are authorized in compliance with the grant.
6.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;
Exhibit 1
Jan. 24, 2023 Item #5 Page 3 of 19
b.Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council;
c. Grant funds shall not be used to supplant expenditures controlled by the city council;
d.Applicant is authorized by the city council to apply for federal assistance, and the
institutional, managerial and financial capability (including funds sufficient to pay to
non-federal share of the project costs, 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None. !t1fu_-
KEITH BLACKBURN, Mayor
��km�,,,, ;y-sHERRY FREISINGER, City Clerk
(SEAL)
Jan. 24, 2023 Item #5 Page 4 of 19
Attachment A
CalOES
OOVERNOll'S OFFICE
OF EMEIIBENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applic ant, 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 Manageme nt and
Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby
agrees to c omply 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 qody;
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Jan.24,2023 Item #5
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Page 5 of 19
CalOES
GOVEANOll'S OFFICE
OF ENEABENCV SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from a n 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 modific ation 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 discloseacco~f.
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Jan. 24,2023 Item #5 Page 6 of 19
CalOES
00Vf;~110ll'$ OF!'I~£
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508
and§§ 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds w ill not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy w ithout the express written approval from the California Governor's Offic e 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 Susp ension, the Applicant will provide protection
against wast e, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their d ealings with the federal government. The Applicant certifies that
it and its principals, recipients, or subrecipients:
(a) Are not presently debarred , suspended, pro posed for d ebarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this applic_ation 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 p ublic (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 c ause or
default.
Where the Applicant is unable to certify to a ny 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 w ill comply w ith a ll state and federal statutes relating to non-
discrimination, including:
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Jan.24,2023 Item #5 Page 7 of 19
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. §
2000d et. seq.) which prohibits discrimination 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. PartlO0. 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 construc tion contractors and subcontractors, who do over $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
U) California Public Contract Code§ 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
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Jan. 24, 2023 Item #5
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Page 8 of 19
CalOES
GOVERNOR 'S OFFICI;
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) OHS policy to ensure the equal treatment of faith-based organizations, under
w hich all applicants and recipients must comply with equal treatment policies
and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act
(FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of
ancestry, familial status, race, color, religious creed (including religious dress
and grooming practices), sex (which includes pregnancy, childbirth,
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. § 70 1 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 a nd 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 Guidelin es (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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Jan.24,2023 Item #5
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Page 9 of 19
CalOES • GOVERNOR'S QFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-1 90); the Council on
Environmental Quality Regulations for Implementing the Procedural Provisio ns
of NEPA; and Executive Order 12898 whic h focuses on the environmental a nd
human health effects of federal actions on minority a nd low-income
populations with the goal of achieving environmental protection for all
communities;
(f) Evaluation of flood hazards in flood plains in accordance with Executive Order
11 988;
(g) Executive Order 11 514 w hich sets forth nationa l environmenta l standards;
(h) Executive Order 11 738 instituted to a ssure 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 Fed eral Water Pollution Control Act Executive Order
11 990 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
(1 6 U.S.C. §§1451 etseq.);
(I) 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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Jan. 24,2023 Item #5
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~ £~!..2,~s ~ OF EMERllENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will cause to be performed the required financial and compliance audits in
accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, 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.
1 o. 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 $30,000 or more in federal funds and (b) executive
compensation data for first-tier subawards. This includes the provisions of FFAT A,
which includes requirements for executive compensation, and also requirements
implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial
Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R:
Part 170 Reporting Subaward and Executive Compensation Information.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower
protections at 1 0 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §
4304 and § 4310.
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Jan.24,2023 Item #5 Page 11 of 19
CalOES
GOVERNOR'$ OFJ:IC£
OF l!MEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: ( 1) engaging in trafficking in persons during
the period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_
Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor
standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and othernon-profit
organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of federa l 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 constru ction and acquisition is
$10,000 or more;
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CalOES
GOVU~OR'$ 0Ff 1(;£
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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
w ith federal assistance funds to assure nondiscrimination d uring 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 engineerin g supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifi cations 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 23 123 and
23 123.5. These laws prohibit driving motor vehicle while using a n 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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Jan.24,2023 Item #5
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Page 13 of 19
CalOES
~ OOV!t~N011'$ QFflCE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
20. California Public Records Act and Freedom of Information Act
The Applicant acknowledges that all information submitted in the course of applying
for funding under this program, or provided in the course of an entity's grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code section 6250 et seq. The Applicant should consider
these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,
needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM {HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from OHS
All recipients must acknowledge their us e 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 w ith 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)
OHS 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 publicly-available privacy policy that describes standards on the usage and
maintenance of PII they collect. Recipients may also find the OHS 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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Jan. 24, 2023 Item #5
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CalOES
GOVl!ANOR'S OFFlt;E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in
2 C.F.R . Part 200, Subpart E may not be charged to o ther federal financial assistance
awards to overcome fund deficiencies, to.avoid restrictions imposed by federal
statutes, regulations, or federal financial assista nce award terms and conditio ns, 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 Polley and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See 0MB Circular A-129.
28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers
holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with
the International Air Transportation Fair Competitive Practices Act of 197 4 ( 49 U.S.C. §
401 18) 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
fu nded in whole or in part with federal funds complies with the fire prevention and
control guidelines of the Federal Fire Prevention and Control Act of 197 4, as
amended, 15 U.S.C. § 2225a.
Page 11 of 14
Jan.24,2023 Item #5
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CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensu re that federal funds do not replace
(supplant) funds that have been b udgeted 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 fro m 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,
includ ing provisions on technical standards that ensure and enhance interoperable
communications.
33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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Jan.24,2023 Item #5
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Page 16 of 19
CalOES
GOVERNOR'S OFflCE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct Terro rism
Act (USA PATRIOT Act}, which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their OHS Financial Assistance Office, prior
to using the OHS seal[s), logos, crests or reproductions of flags or likenesses of OHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the
grant-funded project addresses the core capability gap associated w ith 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 ad dressed in the Project
Description of the BS IR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes
The OHS Standard Terms and Conditions are a restatement of general requirements
imposed upon recipients and flow down to subrecipients as a matter of law,
regulation, or executive order. If the requirement does not apply to Indian tribes or
there is a federal law or regulation exempting its application to Indian tribes, then the
acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions
does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to c hange, alter, amend, or impose additional liability or
responsibility upon the Tribe where it does not already exist.
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Jan. 24, 2023 Item #5
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance,
including any and all federal and state grants, loans, reimbursement, contracts, etc. The
Applicant recognizes and agrees that state financial assistance w ill 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 2021, Version 11 .4, hereby .
incorporated by reference, which can be found at:
https:/ /www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions.
The undersigned represents that he/.
on behalf of the Applicant.
is authorized to enter into this agreement for and
Printed Name of Authorized Agent: __..S,.,_c.._aLLtt,__,C......i..eba .... d .... w=ic...ok~-----------
Title: City Manager
APPROVED AS TO FORM
Cfnd'
.k
Aaafstan eputy City Attomey
City of Carlsbad, California
Jan. 24, 2023
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Item #5
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County of San Diego
Office of Emergency Services
Signature Authorization Form
FY 2021 State Homeland Security Program Grant
City of Carlsbad
For Jurisdiction: 12/5/2022 Date Signed:
The below named personnel are authorized to request reimbursement for the State Homeland Security Program (SHSP). Authorized personnel should
be your jurisdiction's management staff e.g. Director, Assistant Director, Chief, Battalion Chief, or Senior Manager.
NAME Title TELEPHONE E-MAIL ADDRESS YPED/PRINTED NUMBER
Michael Calderwood Fi.re Chief (760) 457-1201 rnichael.calderwood@carlsbadca.gov
Kimberly Young Asst. Director, Emergency Svcs (760) 457-1142 kirn.young@carlsbadca.gov
Deborah Baird Management Assistant (760) 457-1212 deborah.baird@carlsbadca.gov
Amanda Baker Management Analyst (442) 339-5054 amanda.baker@carlsbadca.gov
Mickey Williams Police Chief (442) 339-2130 mickey.williams@carlsbadca.gov
~ This form supersedes all others fi
3 be processed.
indicated jurisdiction. Requests for reimbursement received from staff not identified in this form will not
:it u,
"0 Ill O't:I (D
I-' I.O Mail form to: County Office of Emergency Services, 5580 Overland Avenue Suite 100, San Diego, CA 92123
S, For County Departments Mail Stop: 025
I-' For questions on this form please contact: Kevin Preston at 858-715-2214 or Kevin.Preston@sdcounty.ca.gov I.O
Phone No.
7/22/21111