HomeMy WebLinkAbout2023-01-24; City Council; Resolution 2023-034RESOLUTION 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;
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)
Attachment A
CalOES
GOVE�NOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of theproject described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responslble for reviewing and adhering to allrequirements 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 ofFederal Regulations (C.F.R.). Updates are issued by the Office of Management andBudget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant herebyagrees to comply with the following:
1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, orauthorized body in support of this project. This written authorization must specify thatthe 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 cashmatch will be appropriated as required;
{b) Any liability arising out of the performance of this agreement shall be theresponsibility of the Applicant and the city council, governing board, orauthorized body:
(c) Grant funds shall not be used to supplant expenditures controlled by the citycouncil, governing board, or authorized qody;
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GOVER NOii'$ Or-l'ICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d)Applicant is authorized by the city council, governing board, or authorizedbody to apply for federal assistance, and the institutional, managerial andfinancial capability (including funds sufficient to pay the non-federal share ofproject cost, if any) to ensure proper planning, management and completionof 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 authorizedto perform allowable activities approved under the award, within the period ofperformance.
3.Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for personsentering into a contract, grant, loan, or cooperative agreement from an agency orrequests or receives from an agency a commitment providing for the United States toinsure or guarantee a loan, the Applicant certifies that:
(a)No federal appropriated funds have been paid or will be paid, by or on behalfof the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer oremployee of Congress, or an employee of a Member of Congress inconnection with the awarding of any Federal contract, the making of anyfederal grant, the making of any federal loan, the entering into of anycooperative agreement, and the extension, continuation, renewal,amendment, or modification of any federal contract, grant, loan, orcooperative agreement.
(b)If any funds other than federal appropriated funds have been paid or will bepaid to any person for influencing or attempting to influence an officer oremployee of any agency, a Member of Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with thisfederal contract, grant, loan, or cooperative agreement, the undersigned shallcomplete 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 beincluded in the award documents for all subawards at all tiers (includingsubcontracts, subgrants, and contracts under grants, loans, and cooperativeagreements) and that all subrecipients shall certify and discloseacco�t-
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00Vf:�NOl'I'$ Ql'fl�E OF EMERllENCY 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. §§ 1501-1508and§§ 7324-7328) which limit the political activities of employees whose principalemployment 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 orpolicy without the express written approval from the California Governor's Office ofEmergency Services (Cal OES) or the federal awarding agency.
4.Debarment and SuspensionAs required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codifiedin 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 thatit and its principals, recipients, or subrecipients:
(a)Are not presently debarred, suspended, proposed for debarment, declaredineligible, 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 convictedof or had a civil judgment rendered against them for commission of fraud ora 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 commissionof 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 agovernmental entity (federal, state, or local) with commission of any of theoffenses enumerated in paragraph (2) (b) of this certification; and
(d)Have not within a three-year period preceding this application had one ormore 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 OpportunityThe Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
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GOI/EANOli'S OFFl(;E OF EMERGENCY SERVICES
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 takereasonable steps to provide meaningful access to persons with limited Englishproficiency (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 federallyfunded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibitsdiscrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101-12213), whichprohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functionalneeds;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibitsdiscrimination 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 bythe Department of Housing and Urban Development at 24 C.F.R. Partl0O. Theprohibition on disability discrimination includes the requirement that newmultifamily 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 designedand 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 decisionson the basis of race, color, religion, sex, sexual orientation, genderidentification 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 hiringand employment in both the United States federal workforce and on the partof government contractors;
(j) California Public Contract Code§ 10295.3, which prohibits discrimination basedon domestic partnerships and those in same sex marriages;
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GOVf:�HOR'S or:1=1cE OF EMERllENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k)OHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policiesand 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 dressand 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 familycare leave, or pregnancy disability leave, military and veteran status, and/orretaliation 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 whichapplication for federal assistance is being made; and
(n)The requirements of any other nondiscrimination statute(s) that may apply to thisapplication.
6.Drug-Free WorkplaceAs required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), theApplicant certifies that it will maintain a drug-free workplace and a drug-freeawareness 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 planningagency;
(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 theUnited States and regulating quality standards for surface waters;
(d)Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissionsfrom stationary and mobile sources;
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�0Vt;AN0�'$ Qf'FICE OF ENEA8ENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e)Institution of environmental quality control measures under the NationalEnvironmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisionsof NEPA; and Executive Order 12898 which focuses on the environmental andhuman health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for allcommunities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order11988;
(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 byway of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of theClean 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};
(i)The Endangered Species Act of 1973, (P.L. 93-205);
(k)Assurance of project consistency with the approved state managementprogram developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);
(I)Conformity of Federal Actions to State (Clear Air) Implementation Plans underSection 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 andscenic rivers system.
The Applicant shall not be: 1} in violation of any order or resolution promulgated bythe 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 violationof federal law relating to air or water pollution.
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GOYE'.�NOll'S Of'FIC£ OF EMERQENCY 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, theApplicant will cause to be performed the required financial and compliance audits inaccordance 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 investigationsconducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give theawarding agency, the Comptroller General of the United States and, if appropriate,the state, through any authorized representative, access to and the right to examineall records, books, papers, or documents related to the award. The Applicant willrequire any subrecipients, contractors, successors, transferees and assignees toacknowledge and agree to comply with this provision.
1 o. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees fromusing their positions for a purpose that constitutes or presents the appearance ofpersonal 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 falseclaim for payment, reimbursement or advance.
12.Reporting -Accountability The Applicant agrees to comply with applicable provisions of the Federal FundingAccountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the
reporting of subawards obligating $30,000 or more in federal funds and (b) executivecompensation data for first-tier subawards. This includes the provisions of FFA TA,
which includes requirements for executive compensation, and also requirementsimplementing the Act for the non-federal entity at 2 C.F.R. Part 25 FinancialAssistance 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 lO 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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GOVf:RHO!l'S l)Ff1C£ OF EMER8EHCY SERVICES
Standard Assurances For Cal OES Federal Non-Disaster Grant Programs
14.Human TraffickingThe 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 theperformance 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-profitorganizations.
16.Worker's CompensationThe 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-RelatedIf applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These
requirements apply to all interests in real property acquired for project
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 purchaseflood insurance if the total cost of insurable construction and acquisition is
$10,000 or more;
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GOV�flf4011'$ QFflC£ OF ENER8ENCY SEA.VICES
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), andthe Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. § 469a-1 et seq.); and
(e)Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831and 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 ProjectsFor all construction projects, the Applicant will:
(a)Not dispose of, modify the use of, or change the terms of the real property titleor 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 ofthe project;
(b)Comply with the requirements of the awarding agency with regard to thedratting, review and approval of construction plans and specifications; and
(c)Provide and maintain competent and adequate engineering supervision atthe construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and suchother information as may be required by the assistance awarding agency or
State.
19.Use of Cellular Device While Driving Is ProhibitedApplicants 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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GOIIE.ltNOR'$ Qf:flCE OF EMERllENCY SERI/ICES
Standard Assurances For Cal OES Federal Non-Disaster Grant Programs
20.California Public Records Act and Freedom of Information ActThe 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 OHSAll 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 AbroadAll 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.CopyrightAll 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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GOVERNOR'S OFFl�.E OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25.Duplication of BenefitsAny 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 Polley and Conservation ActAll 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 1974All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of
people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 197 4 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the
United States in the March 31, 1981, amendment to Comptroller General Decision B-l 38942.
29.Hotel and Motel Fire Safety Act of 1990In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
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GOVUNOll'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 programsthat prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal 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 locatedat 37 C.F.R. § 401.14.
32.SAFECOM All recipients who receive federal financial assistance awards made under programsthat 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 interoperablecommunications.
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 ensurecompliance 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 forany 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 isincorporated here by reference in the award terms and conditions.
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GOVE:RNOll'S Ol'FJ�E OF EMER8ENCY SERVICES
Standard Assurances For Cal OES Federal Non-Disaster Grant Programs
35.USA Patriot Act of 2001All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct TerrorismAct (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36.Use of DHS Seal, Logo, and FlagsAll recipients must obtain permission from their DHS Financial Assistance Office, priorto 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 orreproductions of flags or likenesses of Coast Guard officials.
37.Performance GoalsIn addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, subrecipients must demonstrate how thegrant-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. Thecapability gap reduction or capability sustainment must be addressed in the ProjectDescription of the BSIR for each project.
38.Applicability of DHS Standard Terms and Conditions to TribesThe DHS Standard Terms and Conditions are a restatement of general requirementsimposed 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 theacceptance 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 grantdocuments is not intended to change, alter, amend, or impose additional liability orresponsibility upon the Tribe where it does not already exist.
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GOV£RNOl!'S OFJ=IC£ OF llMER8ENCY SERVICES
Standard Assurances For Cal OES Federal Non-Disaster Grant Programs
IMPORTANTThe 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 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/. is authorized to enter into this agreement for and
on behalf of the Applicant.
Printed Name of Authorized Agent: __.,S.u...c ...... aL.Ltt.__,C ............. ba ..... d ..... w ........... ic....,k.___ ___________ _
Title: City Manager
Page 14 of 14 Initials�
Subrecipient::___.!~~..C.Cu:lstlO.ct_~~l/hr-------------
Signature of Authorized Agent: ---l--~~-------------
-----------
APPROVED AS TO FORM
Cindie • Mc:MalllOJlu.;ilJY Attorney
k
Assfstan eputy City Attomey
City of Carlsbad, California
Date: ~
City of Carlsbad
County of San Diego
Office of Emergency Services
Signature Authorization Form
FY 2021 State Homeland Security Program Grant
12/5/2022 For Jurisdiction: ____________ _ 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 ADDRESSTYPED/PRINTED NUMBER
Michael Calderwood Fire Chief (760)457-1201 michael.calderwood@carlsbadca.gov
Kimberly Young Asst. Director, Emergency Svcs (760)457-1142 kim.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 for above indicated jurisdiction. Requests for reimbursement received from staff not identified in this form will notbe processed.
Printed Name and Signature
Mail form to: County Office of Emergency Services, 5580 Overland Avenue Suite 100, San Diego, CA 92123 For County Departments Mail Stop: 025 For questions on this form please contact: Kevin Preston at 858-715-2214 or Kevin.Preston@)_,sdcounty.ca.gov
Phone No.
7/22/2021
)