HomeMy WebLinkAbout2023-04-11; City Council; ; Fiscal Year 2022 State Homeland Security Program GrantCA Review __AF__
Meeting Date: April 11, 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 2022 State Homeland Security Program Grant
District: All
Recommended Action
Adopt a resolution accepting grant funds for the fiscal year 2022 State Homeland Security
Program, authorizing the City Manager to execute standard assurances, and appropriating
$77,848 to the Public Safety Special Revenue Fund.
Executive Summary
The City of Carlsbad was approved to receive a $77,848 grant from the San Diego County-
administered State Homeland Security Program.
With these grant funds, the Police Department and the Fire Department will purchase night
vision goggles for the Police Department SWAT Team and the Fire Department Medic Team.
The City Council’s approval is required for the city to accept the funds under the terms of the
grant.
Explanation & Analysis
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.
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.
April 11, 2023 Item #4 Page 1 of 19
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 $77,848 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.
Exhibits
1. City Council resolution
April 11, 2023 Item #4 Page 2 of 19
RESOLUTION NO. 2023-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING GRANT FUNDS FOR FISCAL YEAR 2022 STATE
HOMELAND SECURITY PROGRAM, AUTHORIZING THE CITY MANAGER TO
EXECUTE STANDARD ASSURANCES, AND APPROPRIATING $77,848 TO THE
PUBLIC SAFETY SPECIAL REVENUE FUND
WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2022 State Homeland
Security Program; and
WHEREAS, the grant program will provide up to $77,848 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:
l.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 2022 State Homeland Security
Program grant funds (Attachment A).
4.That the Deputy City Manager of Administrative Services is authorized to appropriate
$77,848 to the Public Safety Special Revenue Fund for the Fiscal Year 2022 State
Homeland Security Program.
5.That the expenditures specified are authorized in compliance with the grant.
6.That the City Council of the City of Carlsbad hereby provides its written authorization in
support of the grant program project and agrees:
a.To provide all matching funds required for the grant project and that any cash match
will be appropriated as required;
Exhibit 1
April 11, 2023 Item #4 Page 3 of 19
b.Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council;
c.Grant funds shall not be used to supplant expenditures controlled by the city council;
d.Applicant is authorized by the city council to apply for federal assistance, and the
institutional, managerial and financial capability (including funds sufficient to pay to
non-federal share of the project costs, if any) to ensure proper planning,
management, and completion of the project described in this application; and
e.Official executing this agreement is authorized by the Applicant.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of April, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
April 11, 2023 Item #4 Page 4 of 19
Attachment A
CalOES
~OVl!:11.NOR'$ OFFI~(
OF ENERBENCY 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 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 Titl e 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates a re issued by the Office of Management 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 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 b~ 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;
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April 11, 2023 Item #4 Page 5 of 19
CalOES
GOVUNOll'S OFFICi
OF ENER9ENCY SERVICES
Standard Assuranc.es
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 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 disclosea~~or9)f}s~-
. Page 2 of 14 Initial~
April 11, 2023 Item #4 Page 6 of 19
CalOES
00IIERN0R'$ 0fFICt;
OF ENER9ENCY 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 will not be used, directly or indirectly,
to support the enactment, repeal, modification or adoption of any law, regulation or
policy without the express written approval from the California Governor's Office of
Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified
in 2 C.F.R. Part 180, Debarment and Suspension, the 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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April 11, 2023 Item #4 Page 7 of 19
rn ~,9.~s ~ OF l!NEFl8ENCY 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 take
reasonable steps to provide meaningful access to persons with limited English
proficiency (LEP) to their programs and services;
(b) Title IX of the Educ ation 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 disc rimination 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 o f 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. Partl00. Th e
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units-Le., the public and
· common use areas and individual apartment units (all units in buil dings 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 $10,000 in
Government business in one year from discriminating in employment decisions
on the basis of race, color, religion, sex, sexual orientation, gender
identification or national origin;
(i) Executive Order 11375, which bans discriminatio n on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
U) California Public Contract Code§ 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
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CalOES
GOVl!ANOR'$ l)fFICI!
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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;
. (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. § 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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April 11, 2023 Item #4 Page 9 of 19
CalOES
OOVE;RNOll'S OF.FIC-E
OF ENER9ENCY 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. 91-190); 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;
(t) 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 197 4, (P .L. 93-523);
0) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.);
(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 distri_ct; 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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April 11, 2023 Item #4
Initial.Aft 1
Page ~~
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
a. 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.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for o 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 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 Fi_nancial
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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April 11, 2023 Item #4
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-
CalOES
Q()VtR~Olt'S Ol'l'IC£
OF EMER9ENCY 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 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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CalOES
GOI/ER~OR'S O"ICII;
OF EMERBENCY 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 197 4 ( 16 U.S.C. § 469a-l 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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CalOES
GOVI\AN08'$ OFl'ICE
OF ENER8ENCY 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.
NONPROFIT SECURITY GRANT PROGRAM (NSGP) -
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 collectPII 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 DHS Priv·acy 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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CalOES
1)0Vf:llNOfl'$ OFF!¢£
01' 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 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 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. §
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 197 4, as
amended, 15 U.S.C. § 2225a.
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Page 15 of 19
CalOES
OOIIEIIN01'!'$ Ql'.FICE
OF ENEROENCY 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 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 $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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CalOES -
GO\IERNOIJ·$ OFIOICI;
·OF ENERBENCY 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 Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C . §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report (BSIR) submission
requirements outlined in the Preparedness Grants Manual, subrecipients must
demonstrate how the grant-funded project addressed the core capability
associated with this project. The capability gap reduction must be addressed in the
Project Description of the BSIR for each project.
38. Appllcablllty of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon recipients and flow down to subrecipients as a matter of law,
regulation, or executive order. If the requirement does not apply to Indian tribes or
there is a federal law or regulation exempting its application to Indian tribes, then the
acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions
does not change or alter its inapplicability to an Indian tribe. The execution of grant
documents is not intended to change, alter, amend, or impose additional liability or
responsibility upon the Tribe where it does not already exist.
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April 11, 2023 Item #4
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Page 17 of 1!;1
OCalOES
GOVEA!1011'$ 0Fl'IC£
OF ENERBENCY SERVICES
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 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 /s e is authorized to enter into this agreement for and
on behalf of the Applicant.
Signature of Authorized Agent: -~---4L...l,~----------------
Printed Name of Authorized Agent: _s_c_o_tt_C_h_a_d_w_ic_k ____________ _
Title: City Manager Date:{~~
APPROVED AS TO FORM
Cindie K. McMahon, City Attorney
~
Asslstan eputy City Attorney
City of Carlsbad, California
April 11, 2023
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County of San Diego
Office of Emergency Services
Signature Authorization Form
FY 2022 State Homeland Security Program Grant
For Jurisdiction: ____________ _
City of Carlsbad442
Date Signed: __._l ..... ~~...::....,..:c.-~-~--
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
TYPED/PRINTED
Michael Calderwood
Mickey Williams
Kimberly Young
Deborah Baird
Amanda Baker
Title
Fire Chief
Police Chief
Asst. Director, Emergency Svcs
Management Analyst
Management Analyst
SIGNATURE TELEPHONE
NUMBER
442-339-2141
442-339-2130
442-339-2152
442-339-2240
442-339-5054
E-MAIL ADDRESS
michael.calderwood@carlsbadca.gov
mickey.williams@carlsbadca.gov
kim.young@carlsbadca.gov
deborah.baird@carlsbadca.gov
amanda.baker@carlsbadca.gov
This form sup 11 others for the Jurisdiction indicated above. Reimbursement Requests received from Staff not identified in this form
will not be pro
Scott Chadwick
Mail form to: County Office of Emergency Services, 5580 Overland Avenue Suite 100, San Diego, CA 92123
For County Department Mail Stop: 025
For questions on this form please contact: Kevin Preston at 858-715-2214 or Kevin.Preston@sdcounty.ca.gov
442-339-2240
Phone No.
2/21/2023