HomeMy WebLinkAbout2024-08-27; City Council; ; Fiscal Year 2023 Urban Area Security Initiative ProgramCA Review JRT
Meeting Date: Aug. 27, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Jennie Marinov, Fire Administrator
jennifer.marinov@carlsbadca.gov, 442-339-2135
Subject: Fiscal Year 2023 Urban Area Security Initiative Program
Districts: All
Recommended Action
Adopt a resolution accepting $83,545 in grant funds for the Fiscal Year 2023 Urban Area
Security Initiative Program, authorizing the City Manager to execute the required memorandum
of understanding and 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 Fiscal Year 2023 Urban Area Security Initiative Program awarded the City of Carlsbad
$83,545 to be used for specialized training courses for the Fire Department. The City Council’s
approval is required to accept the grant funds.
Explanation & Analysis
The federal Urban Area Security Initiative Program supports state, local, tribal, and territorial
efforts to prevent terrorism and other catastrophic events. This initiative provides funding to
enhance regional terrorism preparedness and capabilities in designated high-threat, high-
density urban areas. San Diego County is designated as a high-risk urban area. The City of San
Diego’s Office of Emergency Services applies for, receives, and locally administers grant funds
for all public safety agencies in the county.
The Fire Department was approved to receive grant funds for the following training courses:
•Confined space rescue technician
•Low angle rope rescue operations/rope rescue awareness
•Rescue systems structural collapse specialist (I, II and III)
•Rope rescue technician
•Swiftwater technician
•Trench rescue technician
Aug. 27, 2024 Item #1 Page 1 of 57
Fiscal Analysis
The City Manager or designee will appropriate $83,545 of program funds to the Public Safety
Grants Special Revenue Fund. After attending training courses, Fire personnel will submit
reimbursement packets to the City of San Diego’s Office of Emergency Services.
Reimbursement payments will be deposited to the special revenue fund to offset training
expenditures.
There is no matching fund requirement for the Urban Area Security Initiative Program.
Next Steps
With City Council approval, the City Manager will sign the attached memorandum of
understanding and standard assurances, and the City Manager or designee will appropriate
$83,545 to the Public Safety Grants Special Revenue Fund. Fire personnel will attend trainings
and then submit reimbursement requests to the City of San Diego 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
Aug. 27, 2024 Item #1 Page 2 of 57
RESOLUTION NO. 2024-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING $83,545 IN GRANT FUNDS FOR THE FISCAL YEAR
2023 URBAN AREA SECURITY INITIATIVE PROGRAM, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE REQUIRED MEMORANDUM OF
UNDERSTANDING AND 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 Urban Area Security Initiative Program supports state, local, tribal and territorial
efforts to prevent terrorism and other catastrophic events; and
WHEREAS, the City of Carlsbad was awarded $83,545 in Urban Area Security Initiative Program
funds for specialized training courses for the Fire Department; and
WHEREAS, the City Council of 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 of the City of Carlsbad is hereby authorized and directed to accept
said award from the Urban Area Security Initiative Program for receipt of the subject
grant funds, and to prepare and submit any reports and final statements required by the
agreement.
3.That the City Manager, or designee, is authorized to execute the memorandum of
understanding and standard assurances with the City of San Diego Office of Emergency
Services for the distribution of Fiscal Year 2023 Urban Area Security Initiative Program
funds {Attachment A).
4.That the City Manager, or designee, is authorized to accept additional grant funding
from the Fiscal Year 2023 Urban Area Security Initiative Program, if awarded.
5.That the City Manager, or designee, is authorized to appropriate $83,545 to the Public
Safety Grants Special Revenue Fund for the Fiscal Year 2023 Urban Area Security
Initiative Program.
Exhibit 1
August 27, 2024 Item #1 Page 3 of 57
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 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
the non-federal share of the 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 City.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 27th day of August, 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)
August 27, 2024 Item #1 Page 4 of 57
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
CITY OF CARLSBAD
FOR THE DISTRIBUTION OF FY 2023 UASI GRANT FUNDS
THIS AGREEMENT is made this day of ~. fl~ , 2024 in the City and County of San
Diego, State of California, by and between t~ CITY OF CARLSBAD ("SUBRECIPIENT")
and the CITY OF SAN DIEGO, a municipal corporation ("San Diego" or "City"), in its capacity as fiscal
agent for the Approval Authority, as defined below, acting by and through the San Diego Office of
Emergency Services ("SD OES"), also referred to as the San Diego Office of Emergency Services ("SD
OES").
RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an
eligible high risk urban area through an analysis of relative risk of terrorism, the San Diego Urban Area
("SDUA'') was established for the purpose of application for and allocation and distribution offederal
Urban Areas Security Initiative ("UASI") program grant funds; and
WHEREAS, The Urban Area Working Group ("UA WG "), a collaborative subcommittee established by
the San Diego County Unified Disaster Council, was established as the Approval Authority for the
SDUA, to provide overall governance of the Homeland Security Grant Program across the SDUA, to
coordinate development and implementation of all UASI program initiatives, and to ensure compliance
with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services ("SD OES"), as the "core city" for the
SDUA , will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is
responsible for implementing and managing the policy and program decisions of the Approval Authority,
directing the work of the UASI Management Team personnel, and performing other duties as determined
and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through
the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish
procedures and execute subgrant agreements for the distribution ofUASI program grant funds to
jurisdictions selected by the Approval Authority to receive grant funding; and
WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and
to establish procedures and provide all financial services for distribution ofUASI program grant fund s
within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management
Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT
on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this
Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
FY 23 UASI -SUBRECIPIENT Page 1 of22 September 1, 2023 August 27, 2024 Item #1 Page 5 of 57
Attachment A
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether
singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Di sabilities Act (including all rules and
regulations there under) and all other applicable federal, state and local disability rights legislation, as the
same may be amended, modified or supplemented from time to time.
(b) "Authorized Expenditures" shall mean expenditures for those purposes identified and
budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification.
(c) "Event of Default" shall have the meaning set forth in Section 7.1.
( d) "Fiscal Quarter" shall mean each period of three calendar months commencing on July
1, October I, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT
(UEI #: LR6NGYMWXXJ5) under this Agreement. This Agreement shall specifically cover funds allocated or
disbursed from Cal OES Grant No. 2023-0042, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal
OES award notice dated October 18, 2023.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or
other activities or matter, and the budget and requirements, described in the approved Financial
Management Forms Workbook (FMFW). IfSUBRECIPIENT requests any modification to the Grant
Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the
following information: Scope of change requested, reason for change, proposed plan for change,
summary of approved and requested modifications to the Grant Plan, and any necessary approvals in
support of change ( e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions,
departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego's elected
officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities
acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties,
claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal
fees and expenses and costs of investigation, of prosecuting or defending any Loss described above)
whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(i) "Reimbursement Request" shall have the meaning set forth in Section 3. I0(a).
(j) "Simplified Acquisition Threshold" means the dollar amount below which a non-
Federal entity may purchase property or services using small purchase methods.
(k) "UASI Management Team" shall mean The SD OES Program Manager, Program
Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members
to the Management Team to implement the policies of the UA WG.
(I) "Pass-through entity" shall mean a non-Federal entity that provides a sub award to a
subrecipient to carry out part of a Federal Program.
FY 23 UASI -SUBRECIPIENT Page 2 of22 September I, 2023 August 27, 2024 Item #1 Page 6 of 57
1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms
shall refer to the direction, requirement, or permission of City. The tenns "sufficient," "necessary" or
"proper" and similar terms shall mean sufficient, necessary or proper in the sole judgment of City. The
terms "approval," "acceptable" or "satisfactory" or similar terms shall mean approved by, or acceptable or
satisfactory to, City. The terms "include," "included" or "including" and similar terms shall be deemed to
be followed by the words "without limitation." The use of the term "subcontractor," "successor" or
"assign" herein refers only to a subcontractor, successor or assign expressly permitted under Article 8.
1.3 References to this Agreement. References to this Agreement include: (a) any and all
appendices, exhibits, schedules, and attachments hereto; (b) any and all statutes, ordinances, regulations
or other documents expressly incorporated by reference herein; and (c) any and all amendments,
modifications or supplements hereto made in accordance with Section 10.2. References to articles,
sections, subsections or appendices refer to articles, sections or subsections of or appendices to this
Agreement, unless otherwise expressly stated. Terms such as "hereunder," "herein" or "hereto" refer to
this Agreement as a whole.
1.4 Reference to laws. Any reference in this Agreement to a federal or state statute, regulation,
executive order, requirement, policy, guide, guideline, information bulletin, or instruction shall mean that
statute, regulation, executive order, requirement, policy, guide, guideline, information bulleti n, or
instruction as is currently in effect and as may be amended, modified or supplemented from time to time.
ARTICLE2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON SAN DIEGO'S OBLIGATIONS
2. I Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant
requirements and guidelines, including OHS and Cal OES requirements, guidelines, information bulletins,
and instructions, the deci sion-making of the Cal OES and the Approval Authority, the terms and
conditions of the grant award; the approved application, and to the extent applicable the budget and fiscal
provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or
direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.
SUBRECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal
OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall
have no obligation to disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully
and finally executed this Agreement. SUB RECIPIENT acknowledges and agrees that if it takes any
action, informal or formal, to appropriate, encumber or expend Grant Funds before final allocation
decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally
executed, it assumes all risk of possible non-allocation or non-reimbursement of funds, and such
acknowledgement and agreement is part of the consideration of this Agreement.
2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be available under
this Agreement without prior written authorization certified by the San Diego Chief Financial Officer as
set forth in Section 39 of the City of San Diego City Charter:
"No contract, agreement, or other obligation for the expenditure of public funds shall be entered
into by any officer of the City and no such contract shall be valid unless the Chief Financial
Officer shall certify in writing that there has been made an appropriation to cover the expenditure
and that there remains a suffic ient balance to meet the demand thereof."
FY 23 UASI -SUBRECIPIENT Page 3 of 22 September I, 2023 August 27, 2024 Item #1 Page 7 of 57
ARTICLE3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term. The tenn of this Agreement shall commence on SEPTEMBER 1, 2023
and shall end at 11 :59 p.m. San Diego time on MAY 31, 2027.
3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder
exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and
Exercise Participation Award Letter and/or approved modification. The City will not automatically
transfer Grant Funds to SUBRECIPIENT upon execution of this Agreement. SUBRECIPIENT must
submit a Reimbursement Request under Section 3.10 ofthis Agreement, approved by the UASI
Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this
Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not
use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for
other federal grants/cooperative agreements, lobbyi ng or intervention in federal regulatory or adjudicatory
proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not
pennit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1 (f) and 10.2 of this Agreement,
SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not
appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a request for
modification until the SD OES Program Manager or designee has provided written approval for the
request. In addition, if the modification request requires approval from the Approval Authority and/or
Cal OES, as determined by the SD OES Program Manager, SUBRECIPIENT shall not appropriate,
encumber or expend any additional or reallocated Grant Funds pursuant to the modification request
without approval from the Approval Authority and/or Cal OES.
(c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement existing funds,
and not replace (supplant) funds that have been appropriated for the same purpose.
(d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consistent
with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals,
objectives, milestones and deliverables in this Agreement.
(e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not
authorized to make any subawards of Grant Funds.
3.4 Standard Assurances; Other Requirements; Cooperation with Monitoring.
(a) SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B,
attached hereto and incorporated by reference as though fully set forth herein.
(b) In addition to complying with all Standard Assurances, SUBRECIPIENT shall comply
with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines,
infonnation bulletins, Cal OES grant management memos, and instructions; the tenns and conditions of
the grant award; the approved application, and any conditions imposed by Cal OES or the Approval
Authority. SUBRECIPIENT shall require and ensure that all contractors and other entities receiving
Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders,
FY 23 UASI -SUBRECIPIENT Page 4 of22 September I, 2023 August 27, 2024 Item #1 Page 8 of 57
requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and
instructions; the terms and conditions of the grant award; the approved application, and any conditions
imposed by Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards, specifications and formats of
San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation,
planning and monitoring of the Grant Plan and compliance with this Agreement. SUBRECIPIENT shall
cooperate in good faith with San Diego and the UASI Management Team in any evaluation, inspection,
planning or monitoring activities conducted or authorized by DHS, Cal OES, San Diego or the UASI
Management Team. For ensuring compliance with non-supplanting requirements, upon request by City
or the UASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction
of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.
3.5 Administrative, Programmatic and Financial Management Requirements. SUBRECIPIENT
shall establish and maintain administrative, programmatic and financial management systems and records
in accordance with federal and State of California requirements. This provision requires, at a minimum,
that SUBRECIPIENT comply with the following non-exclusive list ofregulations commonly applicable
to DHS grants, as applicable to thjs Agreement and the Grant Plan:
3.6
(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: 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. wh itehouse. gov /om b/.
Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest
NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all
awards of Grant Funds.
(b) Geospatial Guidance. SUBRECIPIENT is encouraged to use Geospatial technologies,
which can capture, store, analyze, transmit and/or display location-based information (i.e., information
linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the
Federal Emergency Management Agency ("FEMA") website.
(c) Criminal Intelligence Systems Operating Policies. Any information technology system
funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems
Operating Policies, if applicable.
(d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for
Government Use of CCTV: Implementing the Fair Information Practice Principles, if Grant Funds are
used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV
systems.
FY 23 UASI -SUBRECIPIENT Page 5 of 22 September I, 2023 August 27, 2024 Item #1 Page 9 of 57
3.7 Procurement Requirements.
(a) General Requirements. SUBRECIPIENT shall follow its own procurement requirements
as long as those requirements comply with all applicable federal and State of California statutes,
regulations, requirements, policies, guides, guidelines and instructions.
(b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must
contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract
Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.327.
(b) Specific Purchases. If SUB RECIPIENT is using Grant Funds to purchase interoperable
communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant
guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any
Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a
viable inventory management plan, an effective distribution strategy, sustainment cost~ for such an effort,
and logistics expertise to avoid situations where funds are wasted because supplies are rendered
ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any
equipment items over the simplified acquisition threshold (2C.F.R. § 200.320) or any vehicle, aircraft or
watercraft financed with Grant Funds (2 CFR § 300.326.).
(d) Non-Competitive Procurement Requirements. UASI Management Team prior approval is
required for any procurement made without advertisement or a competitive process or single response to a
request for proposal/bid, regardless of dollar amount, this includes sole source procurements.
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI
Management Team for approval prior to expending any grant funds. Additionally, SUBRECIPT shall
submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval
for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.320).
(e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement
Authorization request to the UASI Management Team for approval to procure using the Federal supply
schedule, prior to expending any grant funds.
(f) "Prohibitions on Expending FEMA Award Funds for Covered Telecommunications
Equipment or Services Recipients and subrecipients ofFEMA federal financial assistance are subject to
the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (FY 2019 NDAA), 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
FEMA 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.
3.8 Contractor Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity
receiving Grant Funds from SUB RECIPIENT is not debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as
implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before
disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary
proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of
FY 23 UASI -SUBRECIPIENT Page 6 of22 September I, 2023 August 27, 2024 Item #1 Page 10 of 57
the "Excluded Parties List System," to assure that it does not provide Grant Funds to excluded parties.
SUB RECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the
li st to assure that its contractors, at any tier do not make awards in violation of the non-procurement
debarment and suspension common rule.
(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds
from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying;
and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds
from SUB RECIPIENT complies with the requirements of 2 CFR Part 3001.1, Requirements for Drug-
Free Workplace (Financial Assistance).
3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic
monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant
Plan goals, objectives, performance requirements, timelines, milestone completion, budgets and other
criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness
Coordinators, or other federal or state personnel, when appropriate. Monitoring may involve a
combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications
of grant activities. These reviews will involve a review and analysis of the financial, programmatic,
performance and administrative issues relative to each program and will identify areas where technical
assistance and other support may be needed. The reviews may include, but are not limited to:
l. Evaluating eligibility of expenditures;
2. Comparing actual grant activities to those approved by the Approval Authority and
specified in the Grant Plan;
3. Ensuring that any advances have been deposited in an interest bearing account and
disbursed in accordance with applicable guidelines; and
4. Confirming compliance with: Standard Assurances; information provided on
performance reports and payment requests; and needs and threat assessments and
strategies.
(b) SUB RECIPIENT is responsible for monitoring and auditing the grant activities of any
contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement
includes but is not limited to mandatory on-site verification visits.
(c) If after any monitoring review, the DHS or Cal OES makes findings that require a
Corrective Action Plan by SUBRECIPIENT, the City shall place a hold on all Reimbursement Requests
from SUBRECIPIENT until the find ings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as
follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified
for notices pursuant to Article 9, a document ("Reimbursement Request") substantiall y in the form
attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any
Reimbursement Request.
FY 23 UASI -SUBRECIPIENT Page 7 of22 September I, 2023 August 27, 2024 Item #1 Page 11 of 57
(b) The UASI Management Team wi ll review all Reimbursement Requests for compliance
with this Agreement and all applicable guidelines and requirements. The UASI Management Team will
return to SUBRECIPIENT any Reimbursement Request that is submitted and not approved by the UASI
Management Team, with a brief statement of the reason for the rejection of the Reimbursement Request.
(d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement
Request, City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in
such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is
in all respects acceptable to the UASI Management Team.
(e) IfSUBRECIPIENT is not in compliance with any provision of this Agreement, City may
withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently
complies with all terms and conditions of the Agreement.
3.11 Disallowance. SUBRECIPIENT agrees that if it claims or.receives reimbursement from City for
an expenditure that is later disallowed by the State of California or the federal government,
SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its
option, City may offset all or any portion of the disallowed amount against any other payment due to
SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with
respect to a portion of the disallowed amount shall not release SUBRECJPIENT from SUBRECIPIENT's
obligation hereunder to refund the remainder of the disallowed amount.
3.12 Sustainability. Grant Funded programs that contain continuing personnel and operating
expenses, over and above planning and implementation costs, must be sustained once the Grant Funding
ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life
of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees
to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and
agrees that this sustainability requirement is a material term of the Agreement.
3. 13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic
Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact
environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews
and approved the project. Examples of projects that may impact EHP resources include: communications
towers, physical security enhancements, new construction, and modifications to buildings, structures and
objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of
any project that may require an EHP review. SUBREClPJENT agrees to provide detailed project
information to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review,
and to prepare any documents requested for the review. SUB RECIPIENT shall comply with all
conditions placed on the project as the result of the EHP review, and implement any treatment or
mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the
UASJ Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing
documents and/or implementing treatment or mitigation measures. Any change to the approved project
scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing
activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management
Team and ensure monitoring of ground disturbance. If any potential archeological resources are
discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI
Management Team, which will notify the appropriate State Historic Preservation Office. If
SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall
complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal
OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
FY 23 UASI -SUBRECIPIENT Page 8 of22 September 1, 2023 August 27, 2024 Item #1 Page 12 of 57
(b) Any construction or other project that SUBRECIPIENT initiates without the necessary
EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet
federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions that
may be placed on the project as the result ofFEMA's and/or Cal OES's EHP review will result in the
denial of Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall
comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and
reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation
Policy Act (42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of2005; and
(b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of
1992 (42 USC §13212).
3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty-
free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to
use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b)
any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT
shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights
that arise from, or are purchased with, Grant Funds.
3 .16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or
developed under this Agreement prominently contain the following statement: "This document was
prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate
(FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in
this document are those of the authors and do not necessarily represent the official position or policies of
FEMA/GPD or the US Department of Homeland Security."
3.17 Performance Period. SUBRECIPIENT shall ensure that hard copies of all reimbursement
requests and supporting documentation will be submitted to the UASI Management Team postmarked no
later than the Reimbursement Claim Due Date identified in the Subrecipient A ward Letter (Attachment
A). Extension requests may be granted based on extenuating circumstances beyond the control of the
subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must
be submitted 30 days prior to the current deadline.
ARTICLE4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports. SUBRECIPIENT shall provide, in a prompt and timely manner, financial ,
operational and other reports, as requested by the UASI Management Team, in form and substance
satisfactory to the UASI Management Team. Such reports, including any copies, shall be submitted on
recycled paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances. SUBRECIPIENT shall notify the
UASI Management Team and City immediately of (a) any Event of Default or event that, with the
passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause
any of the representations or warranties contained in Article 5 to be false or misleading at any time during
FY 23 UASI -SUBRECJPIENT Page 9 of22 September I, 2023 August 27, 2024 Item #1 Page 13 of 57
the term of this Agreement; and (c) any change of circumstances or events that would cause
SUBRECIPIENT to be out of compliance with the Standard Assurances in Appendix B.
4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of
all aspects of the Grant Plan and the matters funded in whole or in part with Grant Funds. Without
limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial
books and accounting records relating to Authorized Expenditures and to Grant Funds received and
expended under this Agreement, together with all invoices, documents, payrolls, time records and other
data related to the matters covered by this Agreement, whether funded in whole or in part with Grant
Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and
other data required to be maintained under this Section in a readily accessible location and condition for a
period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal
OES has been fully completed, whichever is later.
4.4 Inspection and Audit. SUBRECIPIENT shall make available to the UASI Management Team,
and to UASI Management Team and City employees and authorized representatives, during regular
business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be
established and maintained by SUBRECIPIENT under Section 4.3 , and allow access and the right to
examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI
Management Team and City employees and authorized representatives, to inspect, audit, examine and
make excerpts and transcripts from any of the foregoing. The rights of the UASI Management Team and
City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to
maintain such files, records, books, invoices, documents, payrolls and other data under this Article 4. The
OHS, the Comptroller General of the United States or designee, and Cal OES shall have the same
inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate
with any federal or state audit.
4.5 Audit Report. If the an10unt specified in Section 3.2 of this agreement is $750,000 or more,
SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit
must be performed in accordance with GA O's Government Auditing Standards, and 2 CFR Part 200
Subpart F -Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. SUBRECIPIENT shall submit its audit report to the UASI Management Team no later than six
months after the end of SUBRECIPIENT's fiscal year.
ARTICLES
REPRESENT A TIO NS AND WARRANTIES
SUBRECIPIENT represents and warrants each of the following as of the date of this Agreement and at all
times throughout the term of this Agreement:
5.1 No Misstatements. No document furnished or to be furn ished by SUBRECIPIENT to the UASI
Management Team in connection with this Agreement, any Reimbursement Request or any other
document relating to any of the foregoing, contains or will contain any untrue statement of material fact
or omits or will omit a material fact necessary to make the statements contained therein not misleading,
under the circwnstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds. By executing this Agreement, SUBRECIPIENT certifies
that it is eligible to receive federal funds, and specifically ce11ifies as follows:
(a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participation in
federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and
Suspension" and implemented at 2 CFR Part 3000.
FY 23 UASI -SUBRECIPIENT Page IO of22 September l, 2023 August 27, 2024 Item #1 Page 14 of 57
(b) SUB RECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated
funds to influence federal contracting and financial transactions, as implemented at 44 CFR Part 18 and 6
CFR Part 9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41
U.S.C. §701 et seq., as implemented in 2 CFR Part 3001 , and will continue to provide a drug-free
workplace as required under that Act and implementing regulations.
( d) SUB RECIPIENT is not delinquent in the repayment of any federal debt. See 0MB
Circular A-129.
SUBRECIPIENT acknowledges that these certifications of eligibility to receive federal funds are material
terms of the Agreement.
5.3 NIMS Compliance. To be eligible to receive Grant Funds, SUBRECIPIENT must meet National
Incident Management System ("NIMS") compliance requirements. By executing this Agreement,
SUBRECIPIENT certifies that it is in full NIMS compliance. SUBRECIPIENT acknowledges that this
certification is a material term of the Agreement.
ARTICLE6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of
the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by
SUBRECIPIENT's performance of this Agreement, including, but not limited to, the following: (a) a
material breach of this Agreement by SUBRECIPIENT; (b) a material breach of any representation or
warranty of SUBRECIPIENT contained in this Agreement; (c) any personal injury or death caused,
directly or indirectly, by any act or omission ofSUBRECIPIENT or its employees or agents; (d) any loss
of or damage to property caused, directly or indirectly, by any act or omission of SUBRECIPIENT or its
employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBRECIPIENT,
or by any of its employees or agents, regardless of whether such equipment or facility is fumjshed, rented
or loaned to SUBRECIPIENT by an Indemnified Party; (f) any tax, fee, assessment or other charge for
wruch SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights,
copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence
of the use by any Indemnified Party of any goods or services furnished by SUB RECIPIENT or its
employees or agents to such Indemnified Party in connection with this Agreement. The foregoing
indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and
related costs and San Diego's costs of investigating any claims against San Diego.
6.2 Duty to Defend; Notice of Loss. SUBRECIPIENT acknowledges and agrees that its obligation
to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its
other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of
Section 6.1 , regardless of whether the allegations asserted in connection with such Loss are or may be
groundless, false or fraudulent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the
Indemnified Party and continues at all times thereafter. The Indemnified Party shall give
SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right
to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have
the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such
Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of
interest between such Indemnified Party and SUBRECIPIENT. An Indemnified Party's failure to notify
SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIENT of any liability to such
FY 23 VASI -SUBRECIPIE T Page 11 of22 September l, 2023 August 27, 2024 Item #1 Page 15 of 57
Indemnified Party pursuant to Section 6.1 , unless such failure materially impairs SUBRECIPIENT's
ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to
settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in
liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any
and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts
or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any
Indemnified Party may have under applicable law with respect to such damages.
6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS
ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION
CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT OR INCIDENT AL DAMAGES, INCLUDING LOST PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE GRANT FUNDS, THE
GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an
"Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in
this Agreement, in any Reimbursement Request, or in any other document submitted to the UASI
Management Team or to City under this Agreement is found by the UASI Management Team or by City
to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perfonn or breaches
any provision or covenant of this Agreement to be performed or observed by SUBRECIPIENT as and
when perfonnance or observance is due and such failure or breach continues for a period often (10) days
after the date on which such performance or observance is due.
(c) Failure to Comply with Applicable Laws. SUBRECIPIENT fails to perform or
breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they
become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or
reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage
of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction, (iii) makes an assignment
for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other
officer with similar powers ofSUBRECIPIENT or of any substantial part ofSUBRECIPIENT's property
or (v) takes action for the purpose of any of the foregoing.
(e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or government
authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian,
receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to
any substantial part of SUBRECIPIENT's property, (ii) constituting an order for relief or approving a
petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation
FY 23 UASI -SUBRECIPJENT Page 12 of22 September 1, 2023 August 27, 2024 Item #1 Page 16 of 57
or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or
(iii) ordering the dissolution, winding-up or liquidation ofSUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City
may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice
to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all
rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will
pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted
and approved by the VASI Management Team and by City prior to the date of termination specified in
such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not
yet disbursed hereunder, regardless of whether SUBRECIPIENT has previously submitted a
Reimbursement Request or whether the VASI Management Team and/or City has approved the
disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld
pursuant to this Section and subsequently disbursed to SUB RECIPIENT after cure of applicable Events
of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previously
disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of
this Agreement, together with interest thereon from the date of disbursement at the maximum rate
permitted under applicable law.
7.3 Termination for Convenience.
(a) City shall have the option, in its sole discretion, to terminate this Agreement, at any time
during the term hereof, for convenience and without cause. City shall exercise this option by giving
SUB RECIPIENT written notice of termination. The notice shall specify the date on which termination
shall become effective.
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perfonn, with
diligence, all actions necessary on the part ofSUBRECIPIENT to effect the termination of this
Agreement on the date specified by City and to minimize the liability ofSUBRECIPIENT and City to
third parties as a result of termination. All such actions shall be subject to the prior approval of the VASI
Management Team.
(c) Within 30 days after the specified termination date, SUBRECIPIENT shall submit to the
VASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse
SUBRECIPIENT if the Authorized Expenses received prior approval from the VASI Management Team
as specified in subparagraph (b ).
( d) In no event shall City be liable for costs incurred by SUB RECIPIENT or any of its
contractors after the termination date specified by City.
(e) City's payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised
individually or in combination with any other remedy available hereunder or under applicable laws, rules
and regulations. The remedies contained herein are in addition to all other remedies available to City at
FY 23 UASI -SUBRECIPJENT Page 13 of22 September 1, 2023 August 27, 2024 Item #1 Page 17 of 57
law or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any
way be deemed to waive any other remedy.
ARTICLES
ASSIGNMENTS
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly,
assign, transfer, hypothecate, subcontract or delegate all or any portion of this Agreement or any rights,
duties or obligations ofSUBRECIPIENT hereunder without the prior written consent of the UASI
Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the
interest of SUBRECIPIENT involuntarily or by operation of law without the prior written consent of
City. A change of ownership or control of SUB RECIPIENT or a sale or transfer of substantially all of the
assets ofSUBRECIPIENT shall be deemed an assignment for purposes of this Agreement.
8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1
shall confer no rights on any person or entity and shall automatically be null and void.
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for
the performance by any contractor, or assignee of all of the covenants, terms and conditions in this
Agreement.
ARTICLE9
NOTICES AND OTHER COMMUNICATIONS
9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions,
approval s, instructions, requests and other communications hereunder shall be in writing, shall be
addressed to the person and address set forth below and shall be (a) deposited in the U.S. mail, first class,
certified with return receipt requested and with appropriate postage, (b) hand delivered (c) sent via email
to a member of the UASI Management Team or (d) sent via facsimi le (ifa facsimile number is provided
below):
Ifto City of San Diego Office of Emergency Services UASI Management Team:
San Diego Office of Emergency Services
9601 Ridgehaven Court, MS 1101 C
San Diego, CA 92123
Attn: Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
If to SUBRECIPIENT:
OFFICE City of Carlsbad
ADDRESS 2560 Orion Way
CITY, ST ATE, ZIP Carlsbad, CA 920 I 0
ATTN Deborah Baird
FACSIMILE (760) 929-0256
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective
on the date of receipt. Such date of receipt shall be determined by: (a) if mailed, the return receipt,
completed by the U.S. postal service; (b) if sent via hand delivery, a receipt executed by a duly authorized
agent of the party to whom the notice was sent; or (c) if sent via facsimile, the date of telephonic
FY 23 UAST -SUBRECIPIENT Page 14 of22 September I, 2023 August 27, 2024 Item #1 Page 18 of 57
confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such
confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report
of the party giving such notice.
9.3 Change of Address. From time to time any party hereto may designate a new address or
recipient for notice for purposes of this Article 9 by written notice to the other party and the UASI
Management Team.
ARTICLE 10
MISCELLANEOUS
10.1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied
from any failure by the UASI Management Team or San Diego to take action on account of such default
if such default persists or is repeated. No express waiver by San Diego shall affect any default other than
the default specified in the waiver and shall be operative only for the time and to the extent therein stated.
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a
waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the
UASI Management Team of any action requiring further consent or approval shall not be deemed to
waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms
be waived, except by written instrument executed and approved in the same manner as this Agreement;
provided, however, that the Program Manager or designee may establish alternate procedures for
modification of the Grant Plan.
10.3 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall
be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue
for all liti gation relative to the formation, interpretation and performance of this Agreement shall be in
San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate
governmental authority, as and when due, any and all taxes, fees, assessments or other governmental
charges, including possessory interest taxes and California sales and use taxes, levied upon or in
connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by
this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for
reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and
supersedes all other oral or written provisions. The following Appendices are attached to and a part of
this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Standard Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Performance Period Extension Request
10.7 Certified Resolution of Signatory Authority. Upon request of San Diego, SUBRECIPIENT
shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution, delivery and
performance ofthis Agreement, certified as true, accurate and complete by the appropriate authorized
representative of SUBRECIPIENT.
FY 23 UASI -SUBRECIPIENT Page 15 of22 September I, 2023 August 27, 2024 Item #1 Page 19 of 57
10.8 Severability. Should the application of any provision of this Agreement to any particular facts or
circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the
validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such
provision shall be enforced to the maximum extent possibl e so as to effect the intent of the parties and
shall be reformed without further action by the parties to the extent necessary to make such provision
valid and enforceable.
10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the terms of this
Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and
assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or
entity ( other than the parties hereto and their respective successors and assigns and, in the case of
Article 6, the Indemnified Parties) any legal or equitable right, remedy or claim under or in respect of this
Agreement or any covenants, conditions or provisions contained herein.
10.10 Survival of Terms. The obligations ofSUBRECIPIENT and the terms of the following
provisions of this Agreement shall survive and continue following expiration or termination of this
Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Standard Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUB RECIPIENT agrees to do
such things, perform such acts, and make, execute, acknowledge and deliver such documents as may be
reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement
and to carry out the purpose of this Agreement in accordance with this Agreement.
10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding
Accountability and Transparency Act (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the
Government Funding Transparency Act of2008 (P.L. 110-252), full di sclosure to the public of entities or
organizations receiving federal funds is now required. As defined by the Office of Management and
Budget (0MB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FF A TA
reporting requirements. The Transparency Act definition of"Federal awards" includes not only prime
awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable,
SUBRECIPIENT must provide the following information on SUBRECIPIENT letterhead within 30 days
of receipt of this Agreement.
10.13
1. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federal awards (contracts, sub-contracts
and Federal financial assistance), and $25,000,000 or more in annual gross revenues from
Federal awards; and,
b) Compensation information is not already available through reporting to the Securities and
Exchange Commission.
Cooperation with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions, SUBRECIPIENT agrees to participate in
UASl-sponsored exercises, and to make available equipment acquired with Grant Funds for use as part of
such exercises.
(b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval
Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant
Funds.
FY 23 UASI -SUBRECIPIENT Page 16 of22 September 1, 2023 August 27, 2024 Item #1 Page 20 of 57
( c) To appropriately recognize the regional collaborative nature of grant funded planning
projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning
process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT's liability pursuant to
Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the
Agreement, insurance in the following amounts and coverages:
(a) Workers' Compensation, in statutory amounts, with Employers' Liability Limits
not less than $1,000,000 each accident, injury, or illness; and
(b) Commercial General Liability Insurance with limits not less than $1 ,000,000 each
occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability,
Personal Injury, Products and Completed Operations; and
(c) Commercial Automobile Liability Insurance with limits not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-
Owned and Hired auto coverage, as applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General
Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers,
Agents, and Employees.
(b) That such policies are primary insurance to any other insurance available to the
Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies
separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers'
Compensation, SUBRECIPIENT hereby agrees to waive subrogation which any insurer of
SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECJPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11 .4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written
notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a
claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this
Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the
effect that, should occurrences during the Agreement term give rise to claims made after expiration of the
Agreement, such claims shall be covered by such claims-made policies.
FY 23 UASI -SUBRECJPIENT Page 17 of22 September 1, 2023 August 27, 2024 Item #1 Page 21 of 57
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual
aggregate limit or provides that claims investigation or legal defense costs be included in such general
annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits
specified above.
11. 7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement,
requests for reimbursement originating after such lapse may not be processed, in the City's sole discretion,
until the City receives satisfactory evidence ofreinstated coverage as required by this Agreement, effective
as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement
effective on the date of such lapse of insurance.
11 .8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under
this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured
policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do
business in the State of California, and that are satisfactory to City, in form evidencing all coverages set
forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the li ability of
SUBRECIPIENT hereunder.
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor wi ll be used to
complete any portion of this Agreement, SUBRECIPlENT shall ensure that the subcontractor shall provide
all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees
and the SUBRECIPIENT as additional insureds.
11 .11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self-
insuring all or part of the insurance requirement in this Article. However, SUBRECIPIENT shall provide
proof of self-insurance, in a form acceptable to San Diego, in the amounts of each line of self-insurance.
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination. In the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee, San Diego employee working with SUBRECIPIENT, applicant for
employment with SUBRECIPIENT, or against any person seeking accommodations, advantages,
facilities, privileges, services, or membership in all business, social , or other establi shments or
organizations, on the basis of the fact or perception of a person's race, color, creed, religion, national
origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status,
marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or
association with members of such protected classes, or in retaliation for opposition to discrimination
against such classes.
12.2 Conflict oflnterest. Through its execution of thi s Agreement, SUBRECIPIENT acknowledges
that it is familiar with the provi sions of Section 87100 et seq. and Section 1090 et seq. of the Government
Code of the State of California, and certifies that it does not know of any facts which constitutes a
violation of said provisions and agrees that it will immediately notify City if it becomes aware of any
such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in
writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or
involving the use of Grant Funds.
FY 23 VASI -SUBRECIPIENT Page 18 of22 September 1, 2023 August 27, 2024 Item #1 Page 22 of 57
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs,
services and other activities provided by a public entity to the public, whether directly or through a
grantee or contractor, must be accessible to the disabled public. SUBRECIPIENT shall not discriminate
against any person protected under the ADA in connection with all or any portion of the Grant Plan and
shall comply at all times with the provisions of the ADA.
12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481), codified in California
Government Code sections 7070 -7075, requires law enforcement agencies to obtain approval of the
applicable governing body (Mayor, City Council, Board of Supervisors, etc.) by adoption of a military
equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with
another law enforcement agency in the use of military equipment, as defined. AB-481 also requires
publication of a military equipment use procedure and the annual military equipment report on the
Agency's website.
12.5 Compliance with FEMA issued Policy 207-22-0002
FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective,
Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which
President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant
funding to purchase certain types of military equipment by state, local, tribal, and territorial law
enforcement agencies and to comply with and implement the recommendations stemming from EO
13688, whjch established prohibited equipment and controlled equipment lists.
By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481 and
FEMA Policy 207-22-002.
FY 23 UASI -SUBRECIPIENT Page 19 of22 September l , 2023 August 27, 2024 Item #1 Page 23 of 57
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the
date first specified herein.
CITY OF SAN DIEGO:
By:
:MEGAN BEALL
PROGRAM MANAGER
OFFICE OF E:MERGENCY SERVICES
Approved as to Form:
Mara W. Elliott
City Attorney
Federal Tax ID# 95-6004793
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: --------------jj'f•~ Deputy City Attorney sitant City Attorney
FY 23 UASI-SUBRECIPJENT Page 20 of22 September I, 2023 August 27, 2024 Item #1 Page 24 of 57
Appendix A-SUBRECIPIENT Award Letter
Office of SD.J Emergency Services
May 14, 2024
Scott Chadwick
City Manager, City of Carlsbad
1200 Carlsbad Village Dr
Carlsbad, CA 92008
SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2023 Homeland Security Grant Program
Granttl 2023-0042 Cal OES 1D11 073-66000
Subreci pient Performance Period; Sep ember 1, 2023 to December 15, 2025
Su breci pient:
The San Diego Office of Emerge ncy Services (SO OES) has approved your FY23 Urban Area Security
Initiative (UAS I} award.
Activities: Amo unt:
All Projects
Project025 Goal 3 Training1 $83,545
l Trai ning funds are limited to approved courses (see Attachment A).
Reimbursement Claim
Due Date:
December 15, 2025
During the application process, U1e UASI Advisory Group vetted, c1nd the Urban Area Working Group
(UAWG) approved your project(s). Throughout the grant cyde, sn OES will u5e performance milestones
set in the Home land Security Grant Program (HSGP) application as indicators of pefformance and this
information mav be used in assessing future competitive grant applications. All activities funded with
this .iward must be completed within the subrecipient performance period.
You are required to compl y with all applicable federa l, state, and local environmental and historic
preservation (EH'P) requirements. Additionally, Aviation/Watercratt ,requests,. proj.ects requiring 1:HP
review, feder.al schedule and sole source proc urement requests, re.gardless of dollar amount, r quire
prior approval from SD OES and the California Governor's Office of Emergency Services (Cal OES).
Subredpients mUiSt obtain written approval, for these activities prior to incurring any costs, in order to be
reimbursed for any related cost5 under this grant Sub recipients are requi red to obtain a performance
bond for any equipment item over $250,000 or any vehi.cle, aircraft, or w.it-erc raft that has been paid
with HSGP funds prior to receiving the final product(s}. Performance bonds. must be submitted to your
UASI Program Representative no later than the time of reimbu rsement.
FY 23 UASI -SUBRECIPIENT Page 21 of22 September 1, 2023
August 27, 2024 Item #1 Page 25 of 57
May 4, 2024
Pag 2
All non-RFP/competitive procurements will require a pre-procurement review by SD OES to ensure
compliance. This includes inadequate competition scenarlos, Federal Award Schedules (GSA), joint
procurement endeavors, piggy-bacl<ing arrangem nts, ooperative <1gre ments and non,-compet:ltlve
agreements. Additionally, Cal OES prior approval is required for all HSGP-funded noncompetitive
procurements of training, regard! ss of the dollar amount, per GMM 2017-01-A.
Following acceptance of this award, you must sign and return t.he SD OES Memorandum of
Understanding (MOU) as well as the Ca l OES standard assurances. Once your completed MOU and
standard assurances are sig ned and received by SD OES, you may request reimbursement of eligible
grant xp nditures.
Your agency must coo rdinate with SD OES to prepare and submit quarterly proj ections and milestone
reporting via email so that SD O Scan comply with the Bi -Annua l Strategic Implementation
Reports ( BS IR) for the duration of the grant period or un til you comp1ete all activities, and the grant
ls formally closed. Failure to submit required reports could resu lt in grant reduction, suspension, or
termination.
This grant is subject to al l provisions of 2 CFR Part 200. Any funcfs received in excess of current needs,
approved amounts, or those found owed as a result of a final review or audit, must be refunded to SD
OES withi n 30 days upon receipt of an invoice from s,o O S.
Your dated signature is requi red on this letter. Please sign and return the original to your UAS I
Program Representative at 9601 Rldgehaven Court, San Die go CA 92L23 within 20 days of
receipt and keep a copy for your fi les.
For fu rther assistance, pl ase feel free: to cOr'ltact your SD OES UA.SI Progr<1m Represen ta tive at
(619) 533-67S8.
Sincerely,
~--
Megan Beall
Progr ~nager
City San ' iego Office of Emergency Services
o Carlsbad
FY 23 UASI -SUBRECJPJENT Page 22 of 22 September 1, 2023
August 27, 2024 Item #1 Page 26 of 57
APPENDIX B
CalOES
00\111:~N(IR'S OFF!Cli
O.F 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:
Pagel of 15 Initials ~
August 27, 2024 Item #1 Page 27 of 57
CalOES
OQ\f£RNOR'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 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 entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
Page 2 of 15 Initial~
August 27, 2024 Item #1 Page 28 of 57
CalOES
()Q\IE~NOR'S OFFICfa
OF EMERGENCY SERVJCES
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 Form to Report
Lobbying," in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and discloseaccordingly.
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;
Page 3 of 15 Initial~
August 27, 2024 Item #1 Page 29 of 57
CCalOES
00\1£A;NOR'$ OFF!C~
0.F E·ME!IGEN CY 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 any of the statements in this certification,
he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
(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. § 12101et 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. PartlO0. The
prohibition on disability discrimination includes the requirement that new
multifamily housing with four or more dwelling units-i.e., the public and
common use areas and individual apartment units ( all units in buildings with
elevators and ground-floor units in buildings without elevators)-
Page 4 of 15 lnitials 1Jh_
August 27, 2024 Item #1 Page 30 of 57
CalOES
GOVE:ANOR'S OFFICE
OF EMERGENCY SERVlCES
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
identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color,
religion, sex, sexual orientation, gender identification, or national origin in hiring
and employment in both the United States federal workforce and on the part
of government contractors;
(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.
Page 5 of 15 Initial~
August 27, 2024 Item #1 Page 31 of 57
CalOES
(1O1/E:RN 0R'S OFFICE.
OF EMERGENCY SERV,ICES
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 Public Resources Code
§§ 21000-21177), to include coordination with the city or county planning
agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§ § 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the
basic structure for regulating discharges of pollutants into the waters of the
United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 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 Order
11988;
(g) Executive Order 11514 which sets forth national environmental standards;
(h) Executive Order 11738 instituted to assure that each federal agency
empowered to enter into contracts for the procurement of goods, materials, or
services and each federal agency empowered to extend federal assistance by
way of grant, loan, or contract shall undertake such procurement and
assistance activities in a manner that will result in effective enforcement of the
Clean Air Act and the Federal Water Pollution Control Act Executive Order
11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 197 4, (P.L. 93-523);
(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
Page 6 of 15 Initials~
August 27, 2024 Item #1 Page 32 of 57
CalOES
GOVE:A;NOR 'S OFFICE
OF EMERGENCY SERV,ICE5
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. 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 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 investigations
conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examine
all records, books, papers, or documents related to the award. The Applicant will
require any subrecipients, contractors, successors, transferees and assignees to
acknowledge and agree to comply with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from
using their positions for a purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment -The Applicant will comply with 31 U.S.C §§ 3729-3733
which 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), including but not limited
to (a) the reporting of subawards obligating $30,000 or more in federal funds,
Page 7 of 15 lnitial~Q/
August 27, 2024 Item #1 Page 33 of 57
CalOES
C)QV£A:N OR'S OFFICE.
OF E,ME RGEN CY 'SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees 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.
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.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-64Jd, _ __1\ /\
Page 8 of 15 Initials-~
August 27, 2024 Item #1 Page 34 of 57
CalOES
GO\1£ftN()R'$ 0FFICI:.
OF EMERGEN CY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 l02(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 $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the
National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470),
Executive Order 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. § 469a-1 et
seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in construction
or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects
For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title
or other interest in the site and facilities without permission and instructions from
the awarding agency. Will record the federal awarding agency directives and
will include a covenant in the title of real property acquired in whole or in part
with federal assistance funds to assure nondiscrimination during the useful life of
the project;
(b) Comply with the requirements of the awarding agency with regard to the
drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at
the construction site to ensure that the complete work conforms with the
approved plans and specifications and will furnish progressive reports and such
other information as may be required by the assistance awarding agency or
State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and
23123.5. These laws prohibit driving motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based communication.
Page 9 of 15 Initials~
August 27, 2024 Item #1 Page 35 of 57
CalOES
00V£8NOR'$ OFFICE
O.F EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 grant
management activities that are under Federal control, is subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,
California Government Code § 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, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
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 (PII)
DHS defines personally identifiable information (PII) as any information that permits the
identity of an individual to be directly or indirectly inferred, including any information
that is linked or linkable to that individual. 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 useful
resource.
Page 10 of 15 Initials ~
August 27, 2024 Item #1 Page 36 of 57
CalOES
00\1£ftN(IR'$ OFFICE
Of' EMERGENCY SERVlCES
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
an 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 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 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. § 22250.
Page 11 of 15 Initials~
August 27, 2024 Item #1 Page 37 of 57
CalOES
GOV EA-NOR'$ OFFIC~
OF EMER GENCY 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 otherwise 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 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 Performance
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 Initials ~
August 27, 2024 Item #1 Page 38 of 57
CalOES
OQV E:~N(I R'S OFFICE:
O.F' EMERGENCY SERV,JCES
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 Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S .C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
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 Coast Guard officials.
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements
outlined in the Preparedness Grants Manual, the Applicant must demonstrate how
the grant-funded project addresses the core capability gap associated with each
project and identified in the Threat and Hazard Identification and Risk Analysis or
Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The
capability gap reduction or capability sustainment must be addressed in the Project
Description of the BSIR for each project.
38. Applicability of DHS 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.
39. Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
The Applicant must comply with the "B uild America, 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;
Page 13 of 15 Initials ~
August 27, 2024 Item #1 Page 39 of 57
CalOES
OQ'iE'.ftNOR 'S OFFICI;.
OF EMERGENCY SERV,ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 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
(c) 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. 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 w ithin 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.
On July 1, 2022, 0MB approved FEMA's General Applicability Public Interest Waiver of
the BABAA requirements to be effective for a period of six months, through January 1,
2023. Applicants will not be required to follow the BABAA requirements for FEMA
awards made, and any other funding FEMA obligates, during this waiver period. For
any new awards FEMA makes after January 1, 2023, as well as new funding FEMA
obligates to existing awards or through renewal awards where the new funding is
obligated after January 1, 2023, Applicants will be required to follow the BABAA
requirements unless another waiver is requested and approved.
40. 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.
Page 14 of 15 Initials~
August 27, 2024 Item #1 Page 40 of 57
CalOES
oove:RNOR'$ OFFI(:~
O.F EWE AGENCY 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,
including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based
on the representations made in these assurances. These assurances are binding on
Applicant, its successors, 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 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 determines that the Applicant: ( 1) 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 DHS Standard Terms
and Conditions 2023, Version 2, hereby incorporated by reference, which can be found
at: https://www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions.
The undersigned represents that h is authorized to enter into this agreement for and
on behalf of the Applicant.
Applicant: City of Carlsbad
Signature of Authorized Agent: ---+-----=,~q..-,----------------
Printed Name of Authorized Agent: _s_c_o_tt_C_ha_d_w_ic_k ____________ _
Title: __ C_i....:..ty_M_a_n_a_;:g::_e_r __________ Date: _Z.____;:B=--.;_M:}...;;;....._;C_,,._c------'4 __ _
Name of Jurisdiction: City of Carlsbad -------------------------
Address: __ 12_o_o_c_a_rls_b_a_d_V_illa_g_e_D_ri_v_e_, C_a_rls_b_a_d_,_C_A_9_20_0_8 _________ _
Telephone Number: __ 4_42_-_3_39_-_2_82_0 __________________ _
Email Address: scott .chadwick@carlsbadca.gov ----------------------------
Page 15 of 15 Initials~
August 27, 2024 Item #1 Page 41 of 57
APPENDIX C
City of San Diego Office of Emergency Services
FY23 Urban Area Security Initiative Grant
Grant: FY23 UASI Grant #2023-0042
CalOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
through Cash Request# ------------------------
Cash Request Amount ------
Under Penalty of Perjury I certify that:
(Performance Period Start Date)
Unique Entity ID (UEI)#
(Performance Period End Date)
The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse
SUBRECIPIENT for Authorized Expenditures, which expenditures are set forth on the attached Cover Sheet, to
which are attached true and correct copies of all required documentation of such expenditures.
After giving effect to the disbursement requested pursuant to thi s Reimbursement Request, the Funds disbursed as of
the date of this disbursement wi ll not exceed the maximum amount set forth in Appendix A of this agreement for
specific projects and programs.
The representations, warranties and certifications made in the Agreement are true and correct in all material respects
as if made on the date hereof, and SUBRECIPIENT is in compliance with all Grant Assurances in Appendix B of
the Agreement. Futhermore, by signing this report, SUBRECIPIENT certifies to the best of their knowledge and
belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the
purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that
any false, fictitious or fraudelent information or the omission of any material fact, may subject SUBRECIPIENT to
criminal civil or administrative penalties for fraud, false statements, false claims or otherwise.
No Event or Default has occurred and is continuing.
The undersigned is an officer of SUBRECIPIENT authorized to execute this Reimbursement Request on behalf of
SUBRECIPIENT.
Printed Name:
Title:
Mailing Ad dress:
Remittance Address:
Signature
Mail Reimbursement Request To:
City of San Diego Office of Emergency Services
Grants Management Section
9601 Ridgehaven Ct, MS 1101 C
San Diego, CA 92123
Phone Number: ------------
Email Address:
Date:
August 27, 2024 Item #1 Page 42 of 57
Cover Sheet (Invoice)
Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Award #2023-0042
CalOES ID #073-66000 CFDA #97.067
Reimbursement Request (Invoice)#
Mail Reimbursement Request To: Date:
City of San Diego Agency: ----------Office of Emergency Services
Attn: Grants Management Section
9601 Ridgehaven Ct, MS 110 IC
San Diego, CA 92123
Expenditure Period:
Type of Expenditure
Equipment
Training
Planning
Organization
Exercise
Total
Unique Entity ID (UEI): ----------
--------------------
Project# Reimbursement Requested
$ -
For questions regarding this reimbursement request contact
Name
Phone
Email
Remittance Address (Address check will be mailed to)
August 27, 2024 Item #1 Page 43 of 57
Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Training/Exercise Costs Detail Worksheet
Jurisdiction: ------------------------Expenditure Period: ________ _
Grant: FY23 UASJ Grant #2023-0042
CalOES #073-66000 CFDA #97.067
Delivery (Tuition
Course / Registration /
Mueri.ah)
Total $ -
Overtime&
Backfill
$ -
Travel {Minus
Tuition/
Regislr.ation / Total
Materi:.1.bl
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -$ -
Date:
Attendee Breakdown bv Discipline
EMA EMS FS GA HZ LE PH PSC PW Total
0 0 0 0 0 0 0 0 0
NOTE: 0. T.fringe be11eflls are limited to FICA, Worker's Compe11satio11 and Unemployment Compensation. Each jurisdiction must ensure that reimburseme11t requests do not
include a11y other 0. T. fringe benefit expenditures. Other fringe be11efit costs must be absorbed by the jurisdiction.
0
0
0
0
0
0
0
0
0
August 27, 2024 Item #1 Page 44 of 57
Grant: FY2J UASI Grant #2022-00Jl
CaJOES #07,-66000 CFDA #97.067
Cash Request#
Project Consulting Finn Number Project & Description of Scn'lccs
Office or Emergency Services
FY23 Urban Area Security lnititi\'t Grant Program
CONSULTANT/CONTRACTOR
Ddi,•erable Discipline Solution Arca Expenditure
Category
Period of
Expenditure
through
(!'ft'fonnartcit Prriod &ad Dace)
Billable Hour Brukdo•·n
Total Salary & Total Benefits Hourly/Billing Total Project Charged to Charged for this Rate How. Grant Rcponing
Period
s s
$ s
s s s s
$ s s s s s s s
$
$
s
$
$
August 27, 2024 Item #1 Page 45 of 57
Grant: FY23 UASI Grant #2022..0042
CaJOES #07-CFDA #97.067
Offitt of Eme~ncy Scn•i~
FY2J Urban Area Security lnitilive Gntnt Progntm
PERSONNEL
Cuh Rtqucst # =~~~~~-~~~ through :au Pmod Q/ E:lpenditure Stan Date-· (Oaia l'aiod ol Ei.pmditu"' End Dare)
Project
Nwoocr Employee Name Backfilling For Projeca/Deli\'Crable Discipline Solution Area Period of
Expenditure
Billable Hour Bruluknn
TotalSa.laiy&
c~£his Hourly Rate °':;-To~o'::".f°'
Period
Total Cha,ged
to Grant
August 27, 2024 Item #1 Page 46 of 57
APPENDIX D
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
City of San Diego Office of Emergency Services
PERFORMANCE PERIOD EXTENSION REQUEST
Subrecipient Name: __________________________ _
VASI FY: ---=23"--U~A=SI"'--------------------------
Project:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Period Deadline:
Requested New Performance Period Deadline (final reimbursement claim due on this date):
I. Describe the details of the project:
2. What is the current status of the project?
3. Please provide a timeline as to how you will meet the new requested date:
4. How have you analyzed your errors in the initial timeline? What are the reasons why the project
is late?
5. How have you improved your planning and proj ect management process to avoid future delays if
this request is granted? What plans and documentation do you have in place to guarantee the
requested deadline will be met?
6. List and describe all equipment with costs and AEL #s:
Equipment & Description Cost AEL
number
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
FY23 UASI Performance Period Extension Request
August 27, 2024 Item #1 Page 47 of 57
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT #--:
TOTAL
PROJECT#-:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
All Investments TOT AL
FY23 UASI Performance Period Extension Request
August 27, 2024 Item #1 Page 48 of 57
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 Regyjrements, cost Pcincjp!es. Representatjons and
Certjfjcatjons
I. OHS financial assistance recipients must complete either the Office of
Management and Budget (0MB) Standard Form 4248 Assurances -Non-
Construction Programs, or 0MB Standard Form 4240 Assurances -Construction
Programs, as applicable. Certain assurances in these documents may not be
applicable to your program, and the OHS financial assistance office (OHS FAQ)
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 OM B'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 must submit timely, 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
August 27, 2024 Item #1 Page 49 of 57
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 & Condjtjons
1. Acknowledgement of federal Fundjng 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.
111. 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
VII.
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.
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 DHS Standard Terms & Conditions: Version 2 November 29, 2022
August 27, 2024 Item #1 Page 50 of 57
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
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.
x. 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).
XI. Duplication of Benefits
XII.
XIII.
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 financia l 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 1407 4 -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 .
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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
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.)
XVI. 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
XIX.
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.
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 vn
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 add itional 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.
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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.
xx1v. Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social service
programs administered or supported by DHS 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 DHS 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 Fundjnq 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.
xxvI1. 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.
xxv111. 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
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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.
xxx.1. 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 .
XXX.I1. 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.
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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
Requ irements 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.
xxx1x. 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.
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