HomeMy WebLinkAbout2023-04-11; City Council; Resolution 2023-104RESOLUTION NO. 2023-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING GRANT FUNDS FOR FISCAL YEAR 2022 STATE
HOMELAND SECURITY PROGRAM, AUTHORIZING THE CITY MANAGER TO
EXECUTE STANDARD ASSURANCES, AND APPROPRIATING $77,848 TO THE
PUBLIC SAFETY SPECIAL REVENUE FUND
WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2022 State Homeland
Security Program; and
WHEREAS, the grant program will provide up to $77,848 for equipment to enhance catastrophic
incident response; and
WHEREAS, the City Council for the City of Carlsbad, California desires to authorize the city
manager to take all necessary action to accept, appropriate, and expend said grant funds, and to make
the findings required by the terms of the grant program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l.That the above recitations are true and correct.
2.That the city manager is hereby authorized and directed to accept the award from the
State Homeland Security Program for receipt of the subject grant funds, and to prepare
and submit any reports and final statements required by standard assurances.
3.That the city manager, or designee, is authorized to execute standard assurances with
the County of San Diego for the distribution of Fiscal Year 2022 State Homeland Security
Program grant funds (Attachment A).
4.That the Deputy City Manager of Administrative Services is authorized to appropriate
$77,848 to the Public Safety Special Revenue Fund for the Fiscal Year 2022 State
Homeland Security Program.
5.That the expenditures specified are authorized in compliance with the grant.
6.That the City Council of the City of Carlsbad hereby provides its written authorization in
support of the grant program project and agrees:
a.To provide all matching funds required for the grant project and that any cash match
will be appropriated as required;
b.Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council;
c.Grant funds shall not be used to supplant expenditures controlled by the city council;
d.Applicant is authorized by the city council to apply for federal assistance, and the
institutional, managerial and financial capability (including funds sufficient to pay to
non-federal share of the project costs, if any) to ensure proper planning,
management, and completion of the project described in this application; and
e.Official executing this agreement is authorized by the Applicant.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of April, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Attachment A
CalOES
i)OV£�NOl't'$ OFFICE OF ENUBENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of theproject described in this application, within prescribed timelines.
I further acknowledge that the Applicant is responsible for reviewing and adhering to allrequirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO);
. (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code ofFederal Regulations (C.F.R.). Updates are issued by the Office of Management and
Budget (0MB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant herebyagrees 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 thatthe Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cashmatch will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the
responsibility of the Applicant and the city council, governing board, orauthorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the citycouncil, governing board, or authorized body;
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(d)Applicant is authorized by the city council, governing board, or authorized
body to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share of
project cost, if any) to ensure proper planning, management and completion
of the project described in this application; and
(e)Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2.Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized
to perform allowable activities approved under the award, within the period of
performance.
3.Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons
entering into a contract, grant, loan, or cooperative agreement from an agency or
requests or receives from an agency a commitment providing for the United States to
insure or guarantee a loan, the Applicant certifies that:
(a)No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,amendment, or modification of any federal·contract, grant, loan, or
cooperative agreement.
(b)If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c)The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (includingsubcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose a�:or��-. Page 2 of 14 Initial�
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508and§§ 7324-7328) which limit the political activities of employees whose principalemployment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation orpolicy without the express written approval from the California Governor's Office ofEmergency Services (Cal OES) or the federal awarding agency.
4.Debarment and SuspensionAs required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codifiedin 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protectionagainst waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies thatit and its principals, recipients, or subrecipients:
(a)Are not presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from covered transactions by any federaldepartment or agency;
(b)Have not within a three-year period preceding this application been convictedof or had a civil judgment rendered against them for commission of fraud ora criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commissionof embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by agovernmental entity (federal, state, or local) with commission of any of theoffenses enumerated in paragraph (2) (b) of this certification; and
(d)Have not within a three-year period preceding this application had one ormore public transaction (federal, state, or local) terminated for cause or
default.
Where the Applicant is unable to certify to any of the statements in this certification,he or she shall attach an explanation to this application.
5.Non-Discrimination and Equal Employment OpportunityThe Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
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OQVf;flNl)(I'$ Qf.FICe OF" ENER6ENCY SERVICES
Standard Assurances
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.} 88-352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance takereasonable steps to provide meaningful access to persons with limited Englishproficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex in any federallyfunded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibitsdiscrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101-12213), whichprohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functionalneeds;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibitsdiscrimination on the basis of age; (f)Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to
confidentiality of patient records regarding substance abuse treatment;
(g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented bythe Department of Housing and Urban Development at 24 C.F.R. PartlO0. Theprohibition on disability discrimination includes the requirement that newmultifamily housing with four or more dwelling units-i.e., the public and ·common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be 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 decisionson the basis of race, color, religion, sex, sexual orientation, genderidentification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiringand employment in both the United States federal workforce and on the part
of government contractors; U)California Public Contract Code § 10295.3, which prohibits discrimination basedon domestic partnerships and those in same sex marriages;
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k)DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policiesand requirements contained in 6 C.F.R. Part 19;
(I)The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940, 12945, 12945.2), as applicable.FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dressand grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or
breastfeeding), gender, gender identity, gender expression, sexual orientation,marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and 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 whichapplication for federal assistance is being made; and (n)The requirements of any other nondiscrimination statute(s) that may apply to thisapplication.
6.Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), theApplicant certifies that it will maintain a drug-free workplace and a drug-free
awareness program as outlined in the Act.
7.Environmental Standards The Applicant will comply with state and federal environmental standards, including:
(a)California Environmental Quality Act (CEQA) (California Public Resources Code§ § 21000-21177), to include coordination with the city or county planning agency; (b)CEQA Guidelines (California Code of. Regulations, Title 14, Division 6, Chapter 3,
§ § 15000-15387); (c)Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.),' which establishes the
basic structure for regulating discharges of pollutants into the waters of theUnited States and regulating quality standards for surface waters; (d)Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissionsfrom stationary and mobile sources;
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e)Institution of environmental quality control measures under the NationalEnvironm_ental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council onEnvironmental Quality Regulations for Implementing the Procedural Provisionsof NEPA; and Executive Order 12898 which focuses on the environmental andhuman health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for allcommunities;
(f)Evaluation of flood hazards in floodplains in accordance with Executive Order11988;
(g)Executive Order 11514 which sets forth national environmental standards;
(h)Executive Order 11738 instituted to assure that each federal agencyempowered to enter into contracts for the procurement of goods, materials, orservices and each federal agency empowered to extend federal assistance byway of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of theClean Air Act and the Federal Water Pollution Control Act Executive Order11990 which requires preservation of wetlands;(i)The Safe Drinking Water Act of 1974, (P.L. 93-523);
(j) The Endangered Species Act of 1973, (P.L. 93-205);
(k)Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);
(I)Conformity of Federal Actions to State (Clear Air) Implementation Plans underSection 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);(m) Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq.) related to·protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution distri_ct; 2) subject to a cease and desist order pursuant to§ 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
a.Audits For subrecipients expending $750,000 or more in federal grant funds annually, theApplicant will cause to be performed the required financial and compliance audits inaccordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code
of Federal Regulations, Part 200, Subpart F Audit Requirements.
9.Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the
awarding agency, the Comptroller General of the United States and, if appropriate,
the state, through any authorized representative, access to and the right to examineall records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10.Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees fromusing their positions for o purpose that constitutes or presents the appearance of
personal or organizational conflict of interest, or personal gain.
11.Financial Management False Claims for Payment -The Applicant will comply with 31 U.S.C §§ 3729-3733which sets forth that no subrecipient, recipient, or subrecipient shall submit a falseclaim for payment, reimbursement or advance.
12.Reporting -Accountability The Applicant agrees to comply with applicable provisions of the Federal FundingAccountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executivecompensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R.Part 170 Reporting Subaward and Executive Compensation Information.
13.Whistleblower Protections The Applicant also must comply with statutory requirements for whistle blowerprotections 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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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14.Human TraffickingThe Applicant .will comply with the requirements of Section l 06(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant
award recipients or a subrecipient from: ( l) engaging in trafficking in persons duringthe period of time that the award is in effect; (2) procuring a commercial sex act
during the period of time that the award is in effect; (3) using forced labor in the
performance of the award or subawards under the award.
15. Labor StandardsThe 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 laborstandards for federally-assisted construction contracts or subcontracts, and(b)The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to
employees of institutes of higher learning (IHE), hospitals and othernon-profitorganizations.
16.Worker's CompensationThe Applicant must comply with provisions which require every employer to be
insured to protect workers who may be injured on the job at all times during the
performance of the work of this Agreement, as per the workers compensation lawsset forth in California Labor Code §§ 3700 et seq.
17.Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a)Comply with the requirements of Titles II and Ill of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646} whichprovide 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 projectpurposes regardless of federal participation in purchase;(b)Comply with flood insurance purchase requirements of Section 102(a) of the_Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipientsin a special flood hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more;
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Standard Assurances
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(c)Assist the awarding agency in assuring compliance with Section 106 of the
(d)National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), andthe Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. § 469a-1 et seq.); and
(e)Comply with the Lead-Bosed Paint Poisoning Prevention Act (42 U.S.C. § 4831
and 24 CFR Part 35) which prohibits the use of lead-based paint in constructionor rehabilitation of residence structures.
18.Certifications Applicable Only to Federally-Funded Construction ProjectsFor all construction projects, the Applicant will:
(a)Not dispose of, modify the use of, or change the terms of the real property titleor other interest in the site and facilities without permission and instructions fromthe awarding agency. Will record the federal awarding agency. directives andwill include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life ofthe project;
(b)Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c)Provide and maintain competent and adequate engineering supervision atthe construction site to ensure that the complete· work conforms with the approved plans and specifications and will furnish progressive reports and suchother information as may be required by the assistance awarding agency or State.
19.Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Driversare also prohibited from the use of a wireless telephone without hands-free listeningand talking, unless to make an emergency call to 911, law enforcement, or similar services.
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GOV�RNOfl'S OFl'IC.i; OF EMERQENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs.
20.California Public Records Act and Freedom of Information ActThe Applicant acknowledges that all information submitted in the course of applyingfor 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 ofInformation Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the
release of information when reporting sensitive matters in the grant application,needs assessment, and strategic planning process.
NONPROFIT SECURITY GRANT PROGRAM (NSGP) -PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21.Acknowledgment of Federal Funding from DHSAll recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describingprojects or programs funded in whole or in part with federal funds.
22.Activities Conducted AbroadAll recipients must ensure that project activities carried on outside the United Statesare coordinated as necessary with appropriate government authorities a·nd that appropriate licenses, permits, or approvals are obtained.
23.Best Practices for Collection and Use of Personally Identifiable Information (PII)
OHS defines personally identifiable information (PII) as any information that permits theidentity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect Pl! are required tohave a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the OHS Priv·acy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.
24.CopyrightAll recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 andan acknowledgement of U.S. Government sponsorship (including the award number)to any work first produced under federal financial assistance awards.
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25.Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistanceawards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or forother 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 andconditions.
26.Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which containpolicies relating to energy efficiency that are defined in the state energyconservation plan issued in compliance with this Act.
27.Federal Debt StatusAll recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, auditdisallowances, and benefit overpayments. See 0MB Circular A-129.
28.Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriersholding certificates under 49 U.S.C. § 41102) for international air transportation ofpeople and property to the extent that such service is available, in accordance withthe 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, all Applicants must ensure that all conference, meeting, convention, or training spacefunded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 197 4, as
amended, 15 U.S.C. § 2225a.
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30.Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs
that prohibit supplanting by law must ensure that federal funds do not replace
(supplant) funds that have been budgeted for the same purpose through non
federal sources.
31.Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.
No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are
subject to the specific requirements governing the development, reporting, and
disposition of rights to inventions and patents resulting from financial assistance
awards located at 37 C.F.R. Part 401 and the standard patent rights clause located
at 37 C.F.R. § 401.14.
32.SAFECOM
All recipients who receive federal financial assistance awards made under programs
that provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications.
33.Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible to ensure
compliance with the Order and laws.
34.Reporting of Matters Related to Recipient Integrity and Performance
If the total value of the recipient's currently active grants, cooperative agreements,
and procurement contracts from all federal assistance offices exceeds $10,000,000 for
any period of time during the period of performance of this federal financial
assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and
Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is
incorporated here by reference in the award terms and conditions.
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35.USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36.Use of OHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior
to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard 9fficials.
37.Performance Goals
In addition to the Biannual Strategy Implementation Report (BSIR) submission
requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate how the grant-funded project addressed the core capability
associated with this project. The capability gap reduction must be addressed in the
Project Description of the BSIR ·tor each project.
38.Appllcablllty of OHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restatement of general requirements
imposed upon recipients and flow down to subrecipients as a matter of law,
regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the
acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions
does not change or alter its inapplicability to an Indian tribe. The execution of grantdocuments is not intended to change, alter, amend, or impose additional liability orresponsibility upon the Tribe where it does not already exist.
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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANTThe purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. TheApplicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of theabove assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of anyfuture grants if the Cal OES determines that any of the following has occurred: { 1) the recipient has made false certification, or (2) violates the certification by failing to carryout the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department ofHomeland Security Standard Terms and Conditions 2021, Version 11 .4, herebyincorporated by reference, which can be found at: https://www.dhs.gov/publication/fy 15-dhs-standard-terms-and-conditions.
The undersigned represents that on behalf of the Applicant. e is authorized to enter into this agreement for and
Signature of Authorized Agent: -���.-L------------------
Printed Name of Authorized Agent: _s_c_o_tt_C_h_a_d_w_ic_k ____________ _
Title: City Manager Date: {��
APPROVED AS TO FORM Cindie I<. McMahon, City Attorney
�Assfstan eputy City Attorney City of Carlsbad, California Page 14 of 14 Initials�
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)� For Jurisdiction:
County of San Diego
Office of Emergency Services
Signature Authorization Form
FY 2022 State Homeland Security Program Grant
City of Carlsbad442 -------------Date Signed:
The below named Personnel are authorized to request reimbursement for the State Homeland Security Program (SHSP). Authorized Personnel
should be your jurisdiction's Management Staff e.g. Director, Assistant Director, Chief, Battalion Chief, or Senior Manager.
NAME Title SIGNATURE TELEPHONE E-MAIL ADDRESS TYPED/PRINTED NUMBER
Michael Calderwood Fire Chief 442-339-2141 michael.calderwood@carlsbadca.gov
Mickey Williams Police Chief 442-339-2130 mickey.williams@carlsbadca.gov
Kimberly Young Asst. Director, Emergency Svcs 442-339-21 52 kim.young@carlsbadca.gov
Deborah Baird Management Analyst 442-339-2240 deborah.baird@carlsbadca.gov
Amanda Baker Management Analyst 442-339-5054 amanda. baker@carlsbadca.gov
This fonn su I others for the Jurisdiction indicated above. Reirnbursernent R,equests received from Staff not identified in this form
will o.ot be p
Mall ferm to: Caudy Ojfzct. of Emergency Services, 5580 OVerlandAvtnue Suite. 109, ~ Diego, CA 9ZJ 23
For Cou,uy Depanme.nt Mall Swp: 01.i
For ques&,u on Iha fonn plt!Mt! comact: Kevin Preston aJ 858-71 J-2214 or Kevin. Preston@sdco1111ly. c.a.gor.i
Phone No.
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