HomeMy WebLinkAbout2024-07-30; City Council; Resolution 2024-193RESOLUTION 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 sa id 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.
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
Counci l;
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)
Attachment A
CalOES
OOVERNOll'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 c hanges in writing. Once notification has
been made, any subsequent request for funds w ill 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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OOYEANOlt'S OFFICE
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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 the
responsibility of the Applicant and the city council, governing board, or
authorized body;
• (c) Grant funds shall not be used to supplant expenditures controlled by the city
council, governing board, or authorized body;
(d) 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 enterin g into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modificati on of any federal contract, grant, loan, or
cooperative agreement.
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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 attemptin g to influence an officer or
employee of any agency, a Member of Congress, a n 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
Lobbyin g," 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 c riminal 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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OOYEIINOlt'S OFFICE
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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 w ithin 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 a ll 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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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 disc rimination 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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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 Environmenta l Quality _Act (CEQA) (California Pub!ic Resources Code
§§ 21000-21 177), 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 the
bdsic structure for regulating discharges of pollutants into the waters of the
United States and regulating qua lity standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7 401) w hich regulates air emissions
from stationary and mobile sources;
(e) Institution of environmenta l quality control measures under the National
Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council o n
Environmental Quality Regulati ons for Implementing the Procedural Provisions
of NEPA; a nd Executive Order 12898 which focuses o n 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 w ith Executive Order
11988;
(g) Executive Order 11 514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to e nter 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 Federa l Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved sta te management
program developed under the Coastal Zone Management Act of 1972
( 16 U.S.C. §§ 145 1 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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GOVERNOR'S OFFICE
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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 Stat e 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. Audits
For 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 Sing le 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 investigations
conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
Th e Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment -The Applicant will comply with 31 U.S.C §§ 3729-3733
which provides that Applicant shall not 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), includ ing but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
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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 loc ated 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) pro c uring a commercial sex act during
the period of time that the award is in e ffect; 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 constructio n 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 w hich 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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GOYUN01t·s OFFICE
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Standard Assurances
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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 et
seq.); 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 instruc tions 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 a nd 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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OOYERNOll'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply°with California Vehicle Code sections 23123 ond
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.
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 g rant
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 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, a nd 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 Abroad
The 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 in formatio n (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. If the Applicant collects PII, the Applicant is
required to have a publicly-available privacy policy that describes standards on the
usage and m aintenance of PII they collect. Th e Applicant may refer to the DHS
Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful
resource.
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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 financ ial assisfance
awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for
o ther 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. § 620 1 which contain
policies relating to energy efficiency tha t are defined in the state energy
cons ervation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be no n-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
Th e Applicant must comply with Preference for United States Flag Air Carriers: (air
carriers holding certificates under 49 U .S.C. § 41102) for international a ir
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. § 401 18) and the interpretative guidelines issued by the Comptroller
General of the United States in the March 31, 1981, amendment to Comptroller
General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the
Applicant must ensure that all confe rence, meeting, convention, or training space
funded in whole or in part w ith 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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Standard Assurances
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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 is
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resu lting 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 Rela ted to Recipient Integrity and Performance
If the total value of the Applicant's currently active grants, cooperative agreements,
and procurement contracts from all federal assista nce 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..,
0 CalOES
OOYERHOll'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening
America by Providing Appropriate To ols Requi~ed to Intercept and Obstruct Terrorism
Act (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 DHS
agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of ~oast Guard officials.
37. Applicability of OHS Standard Terms and Conditions to Tribes
The 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 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.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "Build Americ a, Buy America" Act (BABAA),
enacted as part of the Infrastructure Investment and Jobs Act and Executive Order
14005. 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 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 a ll components of the manufactured
product, unless another standard for determining the minimum amount of
domestic content of the manufac tured product has been established under
applicable law or regulation; and
Page 13 of 15
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~
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"d ing any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state ffnancial assistance will be extended based
on 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, terminatio n,
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 Applicant may be ineligible for award of any
future grants if Cal OES d etermines that the Applicant: ( l) has made false certification,
or (2) viola tes 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 Standard
Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be
found 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 o f 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~