HomeMy WebLinkAbout2024-07-30; City Council; ; Fiscal Year 2023 State Homeland Security Program GrantCA Review JRT
Meeting Date: July 30, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Deborah Baird, Management Analyst
deborah.baird@carlsbadca.gov, 442-339-2240
Subject: Fiscal Year 2023 State Homeland Security Program Grant
Districts: All
Recommended Action
Adopt a resolution accepting $65,764 in grant funds for the fiscal year 2023 State Homeland
Security Program, authorizing the City Manager to execute required standard assurances, and
authorizing the City Manager or designee to appropriate funds to the Public Safety Grants
Special Revenue Fund for program expenses.
Executive Summary
The City of Carlsbad was invited to participate in the Fiscal Year 2023 State Homeland Security
Program. The city was awarded $65,764 to purchase equipment for the Fire and Police
departments. The City Council’s approval is required to accept the grant funds.
Explanation & Analysis
The State Homeland Security Program supports state, local, tribal, and territorial efforts to
prevent terrorism and other catastrophic events. The County of San Diego Office of Emergency
Services applies for, receives and locally administers federal grant funds associated with this
program for public safety agencies in the county. With these grant funds, the city will purchase
night vision goggles for SWAT medics and medical supplies for police vehicles.
Fiscal Analysis
The City Manager or designee will appropriate $65,764 of program funds to the Public Safety
Grants Special Revenue Fund. After purchasing the equipment, fire and police personnel will
submit reimbursement packets to the County of San Diego Office of Emergency Services.
Reimbursement payments will be deposited to the special revenue fund to offset equipment
expenditures.
There is no matching fund requirement for the State Homeland Security Program.
July 30, 2024 Item #4 Page 1 of 27
Next Steps
With City Council approval, the City Manager will sign the standard assurances and the City
Manager or designee will appropriate $65,764 to the Public Safety Grants Special Revenue
Fund. Fire and police personnel will purchase the equipment and then submit reimbursement
requests to the County of San Diego’s Office of Emergency Services.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
July 30, 2024 Item #4 Page 2 of 27
RESOLUTION NO. 2024-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING $65,764 IN GRANT FUNDS FOR THE FISCAL YEAR
2023 STATE HOMELAND SECURITY PROGRAM, AUTHORIZING THE CITY
MANAGER TO EXECUTE REQUIRED STANDARD ASSURANCES, AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE FUNDS
TO THE PUBLIC SAFETY GRANTS SPECIAL REVENUE FUND FOR PROGRAM
EXPENSES
WHEREAS, the State Homeland Security Program supports state, local, tribal and territorial
efforts to prevent terrorism and other catastrophic events; and
WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2023 State Homeland
Security Program; and
WHEREAS, the City of Carlsbad was awarded $65,764 in State Homeland Security Program grant
funds to purchase equipment for the Fire and Police departments; 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 Office of Emergency Services for the distribution of Fiscal Year
2023 State Homeland Security Program grant funds (Attachment A).
4.That the City Manager, or designee, is authorized to accept additional grant funding
from the Fiscal Year 2023 State Homeland Security Program, if awarded.
5.That the City Manager, or designee, is authorized to appropriate $65,764 to the Public
Safety Grants Special Revenue Fund for the Fiscal Year 2023 State Homeland Security
Program.
6.That the expenditures specified are authorized in compliance with the grant.
Exhibit 1
July 30, 2024 Item #4 Page 3 of 27
7.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;
b.Any liability arising out of the performance of this agreement shall be the
responsibility of the City and the City Council;
.c. Grant funds shall not be used to supplant expenditures controlled by the City
Council;
d.The City 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 executi.ng 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 30th day of :!..l:!!Y, 2024, 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)
July 30, 2024 Item #4 Page 4 of 27
CalOES OOVUNOll'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 the
project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its
subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all
requirements within the:
(a)Applicable Federal Regulations (see below);
(b)Federal Program Notice of Funding Opportunity (NOFO);
(c)Federal Preparedness Grants Manual;
(d)California Supplement to the NOFO; and
(e)Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit
requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of
Federal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a
subaward has been made, including changes to period of performance or terms and
conditions, Applicants will be notified of the changes in writing. Once notification has
been made, any subsequent request for funds will indicate Applicant acceptance of
the changes to the subaward.
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:
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a
Attachment A
CalOES OOYEANOlt'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 theresponsibility of the Applicant and the city council, governing board, or
authorized body;
•(c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d)The 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)The 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.
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6
O CalOES OOYERNOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
. . (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 Forn:1 to Repo"rt
Lobbying," in accordance with its instructions. . ••
(c)The Applicant sholl require that the language of this certification be in�luded in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
The 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 principle
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 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;
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July 30, 2024 Item #4 Page 7 of 27
CalOES OOYEIINOlt'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
•(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 (4)(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 ony 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:
(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 et seq.), 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. Part 100. 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)-
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July 30, 2024 Item #4 Page 8 of 27
O CalOES OOVERHOll'S OFFICE OF EMEHEHCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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
identificatiqn or nat_ional origin;
(i)Exect.Jtive Order 11375', which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(j)California Public Contract Code§ 10295.3, which prohibits discrimination based
on domestic partnerships and those in same sex marriages;
(k)Department of Homeland Security (OHS) policy to ensure the equal
treatment of faith-based organizations, under which the Applicant 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§§ 12940-12957), 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.
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CalOES OOVEIINOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
7.Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a)California Environmental Quality _Act (CEQA) (California Pub!ic 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, <:;:hapter 3,
§§ 15000-15387);
(c)Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes thebdsic 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. § 7 401) which regulates air emissions
from stationary and mobile sources;
(e)Institution of environmental quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions
of NEPA; and Executive Order 12898 which focuses on the environmental and
human health effects of federal actions on minority and low-income
populations with the goal of achieving environmental protection for all
communities;
(f)Evaluation of flood hazards in floodplains in accordance with Executive 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 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 Order11990 which requires preservation of wetlands;
(i)The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k)Assurance of project consistency with the approved state management
program developed under the Coastal Zone Management Act of 1972( 16 U.S.C. §§ 1451 et seq.);
(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.); and
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G)
.
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O CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 section 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.
8.AuditsFor subrecipients expending $750,000 or more in federal grant funds annually, the
Applicant will perform the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit
Requirements.
9.Cooperation and Access to Records
The Applicant 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 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 ManagementFalse Claims for Payment -The Applicant will comply with 31 U.S.C §§ 3729-3733which provides that Applicant shall not submit a false claim for payment,
reimbursement, or advance.
12.Reporting -AccountabilityThe Applicant agrees to comply with applicable provisions of the Federal FundingAccountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
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CalOES OOYERHOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
a�� (b) executive compensation data for first-tier subawards as set forth in-2·C.F.R.
Part l70, Appendix A. The Applicant also agrees to comply v.:ith the requirements set
forth in the government-wide financial assistance award term regarding the System
for Award Management and Universal Identifier Requirements located at 2 C.F.R.
Part 25, Appendix A.
13.Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections
at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310.
14.Human Trafficking
The 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 the
Applicant or its subrecipients from: ( 1) engaging in trafficking in persons during the
period of time that the award is in effect; (2) procuring a commercial sex act during
the period of time that the award is in effect; or (3) using forced labor in the
performance of the award or subawards under the award.
15.Labor Standards
The 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 seq.) as they apply
to employees of institutes of higher learning (IHE), hospitals and other non
profit organizations.
16.Worker's Compensation
The Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation laws
set forth in California Labor Code§§ 3700 et seq.
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CalOES GOYUN01t·s OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
17.Pr9perty-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 federal award
subrecipients in a special flood hazard area to participate in the program and
to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more;(c)Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. § 469a-l etseq.); and
(d)Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18.Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the 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.
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0 CalOES OOYERNOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
19.Use of Cellular Device While Driving is ProhibitedThe Applicant is required to comply°with California Vehicle Code sections 23123 ond23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Driversare also prohibited from the use of a wireless telephone without hands-free listeningand talking, unless to make _an emergency call to 911, law enforcement, or similarservices.
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 Californio Public Records Act, California Government Code § 7920.000 et seq. The Applicant should consider theselaws and consult its own State and local laws and regulations regarding the releaseof information when reporting sensitive matters in the grant application, needsassessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM {EMPG) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21.Acknowledgment of Federal Funding from OHS
The Applicant must acknowledge its use of federal funding when issuing statements,
press releases, requests for proposals, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
22.Activities Conducted AbroadThe Applicant 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 (Pit)DHS defines personally identifiable information (PII) as any information that permits theidentity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is
required to have a publicly-available privacy policy that describes standards on the
usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a usefulresource.
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CalOES OOVERNOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24.Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and
ah acknowledgement of United States Government sponsorship (including the award
number}" to any work first produced under federal financial assistance awards.
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 assisfance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
other reasons. However, these prohibitions would not preclude the Applicant from
shifting costs that are allowable under two or more awards in accordance with
existing federal. statutes, regulations, or the federal financial assistance award terms
and conditions.
26.Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain
policies relating to energy efficiency that are defined in the state energy
conservation plan issued in compliance with this Act.
27.Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. See 0MB Circular A-129.
28.Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air
carriers holding certificates under 49 U .S.C. § 41102) for international air
transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act
of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
29.Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant 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.
Page 11 of 15 Initial&._
July 30, 2024 Item #4 Page 15 of 27
CalOES OOYERHOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30.Non-supplanting Requirement If the Applicant receives federal financial assistance awards made under programs
that prohibit supplanting by law, the Applicant 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 othe.rwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L.No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant issubject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32.SAFECOM If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the
Applicant must comply with the SAFECOM Guidance for Emergency Communication
Grants, including provisions on technical standards that ensure and enhance
interoperable communications.
33.Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that
prohibit transactions with, and the provisions of resources and support to, individuals
and organizations associated with terrorism. The Applicant is legally responsible for
ensuring compliance with the Order and laws.
34.Reporting of Matters Related to Recipient Integrity and Per formance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial assistance award, the Applicant 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.
Page 12 of 15 lnitiafft1.., July 30, 2024 Item #4 Page 16 of 27
G
0 CalOES
OOYERHOll'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35.USA Patriot Act of 2001The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate Tools Requi�ed to Intercept and Obstruct TerrorismAct (USA PATRIOT Act)., which amends 18 U.S.C. §§ 175-175c.
36.Use of OHS Seal, Logo, and Flags
The Applicant 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 DHSagency officials, including use of the United States Coast Guard seal, logo, crests orreproductions of flags or likenesses of �oast Guard officials.
37.Applicability of OHS Standard Terms and Conditions to TribesThe DHS Standard Terms and Conditions are a restatement of general requirements
imposed upon the Applicant and flow down to any of its subrecipients as a matter of
law, regulation, or executive order. If the requirement does not apply to Indian tribes
or there is a federal law or regulation exempting its application to Indian tribes, then
the acceptance by Tribes of, or acquiescence to, DHS Standard Terms andConditions does not change or alter its inapplicability to an Indian tribe. Theexecution of grant documents is not intended to change, alter, amend, or imposeadditional liability or responsibility upon the Tribe where it does not already exist.
38.Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA),enacted as part of the Infrastructure Investment and Jobs Act and Executive Order14005. Applicants receiving a federal award subject to BABAA requirements may not
use federal financial assistance funds for infrastructure projects unless:
(a)All iron and steel used in the project are produced in the United States -this
means all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States;
(b)All manufactured products used in the project are produced in the United
States -this means the manufactured product was manufactured in theUnited States; and the cost of the components of the manufactured productthat are mined, produced, or manufactured in the United States is greater
than 55 percent of the total cost of all components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established underapplicable law or regulation; and
Page 13 of 15 July 30, 2024 Item #4 Page 17 of 27
CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c)All construction materials are manufactured in the United Stat�s -this mea'!s
that all manufacturing processes for the construction material occurred in the
United States.
The "Buy America" preference only applies to articles, materials, and supplies that
are consumed in, incorporated into, or affixed to an infrastructure project. It does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to
the construction site and removed at or before the completion of the infrastructure
project. Nor does a "Buy America" preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the structure
or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America"
preference under an infrastructure program in certain cases.
39.Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance
Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order
1407 4. The Applicant is also encouraged to adopt and enforce policies consistent with
Executive Order 1407 4 to support safe and effective policing .
. .
. J, (. Page 14 of 15 Initial�
July 30, 2024 Item #4 Page 18 of 27
"' . . ..
' . . .
• l t',f t • • ..
CalOES OOYERHOR'S OFFICE OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance,
inclu"ding any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state ffnancial assistance will be extended basedon the representations made in these assurances. These assurances are binding on Applicant, its $Uccessors, transferees,_ assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination,
or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the
Applicant and available for Cal OES or public scrutiny upon request. Failure to complywith these requirements may result in suspension of payments under the grant or
termination of the grant or both and the Applicant may be ineligible for award of any
future grants if Cal OES determines that the Applicant: ( l) 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. Applicants are bound by OHS Security StandardTerms and Conditions 2023, Version 2, hereby incorporated by reference, which can befound at: https://www.dhs.gov/publication/fyl 5-dhs-standard-terms-and-conditions.
The undersigned represents that he she i authorized to enter into this agreement for and on behalf of the Applicant.
Applicant: City of Carlsbad
Signature of Authorized Agent:------..:--:'7------------------
Printed Name of Authorized Agent: _S_c_o_tt_C_h_a_d_w_i_c _k ____________ _
Title: City Manager Date: 5'.:sbt24·----'---��------------
APPROVED AS TO FORM
•��a.@f AltomeJ
ftomlf on1ia Page 15 of 15 Initial�
July 30, 2024 Item #4 Page 19 of 27
July 30, 2024 Item #4 Page 20 of 27
FY 2023 DHS Standard Terms and Conditions
The Fiscal Year (FY) 2023 OHS Standard Terms and Conditions apply to all new federal financial
assistance awards funded in FY 2023. These terms and conditions flow down to subrecipients
unless -an award term or condition specifically indicates otherwise. The United States has the right
to seek judicial enforcement of these obligations. \ .
All legislation and digital resources are referenced with no digital links. The FY 2023 OHS
Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs-
standard-terms-and-conditions.
A. Assurances, Admjnjstratjye Reaujrements, Cost Principles, Representations and
certjficatjons
I. OHS financial assistance recipients must complete either the Office of
Management and Budget (0MB) Standard Form 424B Assurances -Non-
Construction Programs, or 0MB Standard Form 4240 Assurances -
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t
i
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Programs, as applicable. Certain assurances in these documents may not be
applicable to your program, and the OHS financial assistance office (OHS FAO)
may require applicants to certify additional assurances. Applicants are required to
fill out the assurances as instructed by the awarding agency.
II. OHS financial assistance recipients are required to follow the applicable
provisions of the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards located at Title 2, Code of Federal Regulations
(C.F.R.) Part 200 and adopted by OHS at 2 C.F.R. Part 3002.
Ill. By accepting this agreement, recipients, and their executives, as defined in
2 C.F.R. § 170.315, certify that their policies are in accordance with OMB's
guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant
Executive guidance.
B. General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must
acknowledge and agree to comply with applicable provisions governing OHS access to
records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any OHS compliance reviews or compliance
investigations conducted by OHS.
II. Recipients must give OHS access to examine and copy records, accounts, and
other documents and sources of information related to the federal financial
assistance award and permit access to facilities or personnel.
Ill. Recipients mustsubmittimely, complete, and accurate reports to the appropriate
OHS officials and maintain appropriate backup documentation to support the
reports.
IV. Recipients must comply with all other special reporting, data collection, and
evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-
through entities) of federal financial assistance from OHS or one of its awarding
component agencies must complete the OHS Civil Rights Evaluation Tool within
thirty (30) days of receipt of the Notice of Award for the first award under which this
term applies. Recipients of multiple awards of OHS financial assistance should
only submit one completed tool for their organization, not per award. After the
initial submission, recipients are required to complete the tool once every two (2)
years if they have an active award, not every time an award is made. Recipients
should submit the completed tool, including supporting materials, to
CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations
and related reporting requirements contained in the OHS Standard Terms and
! ~,,...-~--·~
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022
July 30, 2024 Item #4 Page 21 of 27
FY 2023 OHS Standard Terms and Conditions
Conditions. Subrecipients are not required to complete and submit this tool to
OHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-
civil-rights-evaluation-tool. OHS Civil Rights Evaluation Tool I Homeland
Security
The OHS Office for Civil Rights and Civil Liberties will consider, in its discretion,
granting an extension if the recipient identifies steps and a timeline for completing the
tool. Recipients should request extensions by emailing the request to
CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline.
c. standard Terms & condjt;ons
I. Acknowledgement of Federal Funding from OHS
Recipients must acknowledge their use of federal funding when issuing statements,
press releases, requests for proposal, bid invitations, and other documents describing
projects or programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are
coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
Ill. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975,
Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code,§ 6101 et seq.),
which prohibits discrimination on the basis of age in any program or activity receiving
federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and Ill of the Americans
with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§
12101-12213), which prohibits recipients from discriminating on the basis of disability
in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a
publicly available privacy policy that describes standards on the usage and
maintenance of the PII they collect. OHS defines 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. Recipients may also find the OHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
VI. Civil Rights Act of 1964 -Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964
(codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the
United States will, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance. OHS implementing regulations
for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as
amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale,
rental, financing , and advertising of dwellings, or in the provision of services in connection
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022
July 30, 2024 Item #4 Page 22 of 27
FY 2023 DHS Standard Terms and Conditions
therewith, on the basis of race, color, national origin, religion, disability, familial status, and
sex (see 42 U.S.C. § 3601 et seq .), as implemented by the U.S. Department of Housing
and Urban Development at 24 C.F.R. Part 100. 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. Part 100, Subpart D.)
VIII. Copyright
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.
IX. Debarment and Suspension
X.
XI.
XII.
XIII.
Recipients are subject to the non-procurement debarment and suspension regulations
implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180
as adopted by OHS at 2 C.F.R. Part 3002. These regulations restrict federal financial
assistance awards, subawards, and contracts with certain parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in federal assistance
programs or activities.
Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart
C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-
wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace
Act of 1988 (41 U.S.C. §§ 8101-8106).
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 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.
Education Amendments of 1972 {Equal Opportunity in Education Act)-Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of
1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which
'provide that no person in the United States will, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
educational program or activity receiving federal financial assistance. OHS implementing
regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
E.O. 14074 -Advancing Effective, Accountable Policing and Criminal Justice Practices to
Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the
requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law
enforcement agencies are also encouraged to adopt and enforce policies consistent with
E.O. 14074 to support safe and effective policing.
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022
July 30, 2024 Item #4 Page 23 of 27
FY 2023 OHS Standard Terms and Cond itions
XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act,
Pub. L. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.1 which contain
policies relating to energy efficiency that are defined in the state energy conservation plan
issued in compliance with this Act.
XV. False Claims Act and Program Fraud Civil Remedies
XVI.
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729-
3733, which prohibit the submission of false or fraudulent claims for payment to the
Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative
remedies for false claims and statements made.)
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.)
XVII. Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging while
driving as described in E.O. 13513, including conducting initiatives described in Section
3(a) of the Order when on official government business or when performing any work for
or on behalf of the Federal Government.
XVIII. Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding
certificates under 49 U.S.C.) for international air transportation of people and property to
the extent that such service is available , in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the
interpretative guidelines issued by the Comptroller General of the United States in the
March 31 , 1981 , amendment to Comptroller General Decision B-138942.
XIX. Hotel and Motel Fire Safety Act of 1990
Recipients 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 Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U .S.C. § 2225a
XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to the
prohibitions described in section 889 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and
2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning
August 13, 2020, the statute -as it applies to OHS recipients, subrecipients, and their
contractors and subcontractors -prohibits obligating or expending federal award funds on
certain telecommunications and video surveillance products and contracting with certain
entities for national security reasons.
XXI. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et
seq.) prohibition against discrimination on the basis of national origin, which 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.·
For additional assistance and information regarding language access obligations, please
refer to the OHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-
department-supported-organizations-provide-meaningful-access-people-limited and
additional resources on http://www.lep.gov.
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022
July 30, 2024 Item #4 Page 24 of 27
FY 2023 DHS Standard Terms and Cond itions
XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds
provided under a federal financial assistance award may be expended by the recipient to
pay any person to influence, or attempt 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 any federal action related to a federal award or contract,
including any extension, continuation, renewal, amendment, or modification.
XXIII. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.
and the Council on Environmental Quality (CEQ) Regulations for Implementing the
Procedural Provisions of NEPA, which require recipients to use all practicable means
within their authority, and consistent with other essential considerations of national policy,
to create and maintain conditions under which people and nature can exist in productive
harmony and fulfill the social, economic, and other needs of present and future
generations of Americans.
XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is OHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by OHS or its component agencies, enabling those
organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6
C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the
participations of faith-based organizations in individual OHS programs.
XXV. Non-Supplanting Requirement
Recipients receiving 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.
XXVI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of
Funding Opportunity (NOFO) for this program are incorporated here by reference in the
award terms and conditions. All recipients must comply with any such requirements set
forth in the program NOFO.
XXVII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise
provided by law. Recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from
federal 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.
XXVIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section
6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the
Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of
1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022
July 30, 2024 Item #4 Page 25 of 27
FY 2023 DHS Standard Terms and Conditions
that no otherwise qualified handicapped individuals in the United States will, solely by
reason of the handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance. •
XXX. Reporting of Matters Related to Recipient Integrity and Performance
General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement
contracts from all federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this federal award, then the recipients 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.
XXXI. Reporting Subawards and Executive Compensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government-wide
award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part
170, Appendix A, the full text of which is incorporated here by reference in the award terms
and conditions.
XXXII. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the "Build America, Buy America" provisions of the
Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of
Federal financial assistance from a program for infrastructure are hereby notified that
none of the funds provided under this award may be used for a project for infrastructure
unless:
(1) all iron and steel used in the project are produced in the United States--this means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States;
(2) all manufactured products used in the project are produced in the United States-this
means the manufactured product was manufactured in the United States; and the cost of
the components of the manufactured product that are mined, produced, or manufactured in
the United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; and
(3) all construction materials are manufactured in the United States-this means that all
manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not
apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project. Nor
does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022
July 30, 2024 Item #4 Page 26 of 27
FY 2023 DHS Standard Terms and Cond it ions
Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these
requirements. Information on the process for requesting a waiver from these requirements
is on the website below.
(a) When the Federal agency has made a determination that one of the following
exceptions applies, the awarding official may waive the application of the domestic
content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with
the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not
produced in the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials
produced in the United States will increase the cost of the overall project by more than
25 percent.
A request to waive the application of the domestic content procurement preference must
be in writing. The agency will provide instructions on the format, contents, and supporting
materials required for any waiver request. Waiver requests are subject to public comment
periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing
waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for
Infrastructure I FEMA.gov.
The awarding Component may provide specific instructions to Recipients of awards from
infrastructure programs that are subject to the "Build America, Buy America" provisions.
Recipients should refer to the Notice of Funding Opportunity for further information on the
Buy America preference and waiver process.
XXXIII. SAFECOM
Recipients receiving 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.
XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws 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.
XXXV. Trafficking Victims Protection Act of 2000 (TVPA)
Trafficking in Persons.
Recipients must comply with the requirements of the government-wide financial assistance
award term which implements Section 106 (g) of the Trafficking Victims Protection Act of
2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2
C.F.R. § 175.15, the full text of which is incorporated here by reference.
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XXXVI. Universal Identifier and System of Award Management
Requirements for System for Award Management and Unique Entity Identifier Recipients
are required to comply with the requirements set forth in the government-wide financial
assistance award term regarding the System for Award Management and Universal
Identifier Requirements located at 2 C.F .R. Part 25, Appendix A, the full text of which is
incorporated here by reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
XXXVIII. Use of OHS Seal, Logo and Flags
Recipients must obtain permission from their OHS FAO 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.
XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if
applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§
4304 and 4310 .
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022