HomeMy WebLinkAbout2023-06-13; City Council; Resolution 2023-157RESOLUTION NO. 2023-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE CITY OF SAN DIEGO TO ACCEPT $72,600 FOR FISCAL
YEAR 2022 URBAN AREA SECURITY INITIATIVE GRANT FUNDS AND
AUTHORIZING THE DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES TO
APPROPRIATE FUNDS FOR PROGRAM EXPENSES
WHEREAS, the City Council of the City of Carlsbad, California was invited to participate in the
Fiscal Year 2022 Urban Area Security Initiative Grant Program; and
WHEREAS, the program will provide up to $72,600 for training courses and equipment to help
Fire and Police departments respond to incidents of terrorism; 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 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 agreement with the
City of San Diego for the Distribution of FY 2022 Urban Area Security Initiative Grant
Funds {Attachment A).
4.That the City Manager, or designee, is authorized to accept additional funding from the
FY 2022 Urban Area Security Initiate Grant Program, if awarded.
5.That the Deputy City Manager, Administrative Services is authorized to appropriate
$72,600 to the Public Safety Special Revenue Fund for the Fiscal Year 2022 Urban Area
Security Initiative Grant Program.
6.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 theresponsibility 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;d)The Applicant is authorized by the city council, governing board, or authorizedbody to apply for federal assistance, and the institutional, managerial andfinancial capability (including funds sufficient to pay the non-federal share of theproject cost, if any) to ensure proper planning, management and completion ofthe project described in this application, ande)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 13th day of June, 2023, by the following vote, to wit: AYES:
NAYS: ABSTAIN: ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None.
KEITH BLACKBURN, Mayor
� LsHERRY FREISINGER, City Clerk � -(SEAL)
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE CJTY OF CARLSBAD
FOR THE DISTRIBUTION OF FY 2022 UASI GRANT FUNDS
THlS AGREEMENT is made this day of l �-t\tv * J�(\..V , 2023 in the City and County of SanDiego, State of California, by and between the CTY 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 of federal 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 perfonning 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 OHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASJ 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 of UASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASl 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 22 UASI -SUBRECIPIENT Page 1 of20 September I, 2022
Attachment A
Appendix A SUBRECTPIENT Award Letter
City of San Diego Office of Homeland Security tiili$1 Jidiiiii!hii►h l$nM1 ii --L:0:.::6:.:.,:I0::2:::'..::2:.:::0:.::2:.:::3:_ __ _J[.llijLii:ll11:i .. $1.1#a1iui111iiui1-F_Y_2_2_u_A_S_I ---
Federal Grant# 2022-0043 CalOES # 073-66000 Amendment# 1
Project# 013 UEI# LR6NGYMWXXJ5 Final Claim Due Date 1211512024--------
This amendment is between the City of San Diego Office of Homeland Security, hearafter called OHS, and the Grant
Su brecipient: City of Carlsbad
Decrease Project 013 -ARJIS Live 911 $8,285. The new project 013 total is $0
Sub recipient (Certification and Signature of Authorized Agent)
Date
{
Address
Mail Original Signed form to OHS: 9601 Rldgebaven Court, MS 1101C, San Diego, CA 92123
For OHS use only
I bearby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the
e enditure stated above
A-3
CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP 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 (N0FO);
(c)Federal Preparedness Grants Manual;
(d)California Supplement to the N0F0; 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/.
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 insupport of this project. This written authorization must specify that the Applicant and the city council,governing board, or authorized body agree:
(a)To provide all matching funds required for the grant project and that any cash match will beappropriated as required;
(b)Any liability arising out of the performance of this agreement shall be the responsibility of theApplicant and the city council, governing board, or authorized body;(c)Grant funds shall not be used to supplant expenditures controlled by the city council, governingboard, or authorized body;
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CalOES
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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)Official executing this agreement is authorized by the Applicant.
This Proofof Authority must be maintained on file and readily available upon request.
2.Period of PerformanceThe period ofperfonnance is specified in the Award. The Applicant is only authorized to perform allowableactivities approved under the award, within the period ofperfonnance.
3. Lobbying and Political ActivitiesAs 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 commitmentproviding 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 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.
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CalOES
BOVERHOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Proerams
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 150 I-1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds wit I 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 SuspensionAs 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 debarringor suspending those persons deemed irresponsible in their dealings with the federal government. The Applicantcertifies that it and its subrecipients:
(a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, orvoluntarily excluded from covered transactions by any federal department or agency;
(b)Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of
this certification; and
(d)Have not within a three-year period preceding this application had one or more publictransaction (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 non-discrimination, including:
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CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a)Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which
prohibits discrimination on the basis of race, color, or national origin and requires that recipients of
federal financial assistance take reasonable steps to provide meaningful access to persons with
limited English proficiency (LEP) to their programs and services;
(b)Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex in any federally funded educational program or
activity;
(c)Section 504 of the Rehabilitation Act of 1973, {29 U.S.C. § 794), which prohibits discrimination
against those with disabilities or access and functional needs;
(d)Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101-12213), 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)-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;
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CalOES
OOVEA.NOR'S Ol'l'ICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k)DHS 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, 12945, 12945.2), as applicable. FEHA prohibits harassment and
discrimination in employment because of ancestry, familial status, race, color, religious creed
(including religious dress and grooming practices), sex (which includes pregnancy, childbirth,
breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender,
gender identity, gender expression, sexual orientation, marital status, national origin, ancestry,
mental and physical disability, genetic information, medical condition, age, pregnancy, denial of
medical and family care leave, or pregnancy disability leave, military and veteran status, and/or
retaliation for protesting illegal discrimination related to one of these categories, or for reporting
patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for
federal assistance is being made; and
(n)The requirements of any other nondiscrimination statute(s) that may apply to this application.
6.Drug-Free WorkplaceAs required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 70 I et seq.),the Applicant certifies that it
will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7.Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a)California Environmental Quality Act (CEQA) (California Public Resources Code
§§ 21000-21177), to include coordination with the city or county planning agency;
(b)CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3,
§§ 15000-15387);
(c)Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for
regulating discharges of pollutants into the waters of the United States and regulating quality
standards for surface waters;
(d)Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and
mobile sources;
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rc CalOESGOVERNOR'S OFF1ee OF ENERGE'NCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e)Institution of environmental quality control measures under the National Environmental Policy Act
(NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing
the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental
and human health effects of federal actions on minority and low-income populations with the goal
of achieving environmental protection for all communities;
(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 1974, (P.L. 93-523);
(j)The Endangered Species Act of 1973, (P.L. 93-205);
(k)Assurance of project consistency with the approved state management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(I)Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean
Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(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: I) 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 § 1330 I 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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CalOES OOV£RNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
8.Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform therequired financial and compliance audits in accordance with the Single Audit Act Amendments of I 996 andTitle 2 of the Code of Federal Regulations, 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 accordancewith 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the UnitedStates and, if appropriate, the state, through any authorized representative, access to and the right to examine al Irecords, 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 oflnterestThe 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 thatApplicant 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 andTransparency Act (FF A TA) (P.L. 109-282), including but not limited to (a) the reporting of subawardsobligating $30,000 or more in federal funds, 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 inthe government-wide financial assistance award term regarding the System for A ward Management andUniversal 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 IO 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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CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14.Human TraffickingThe Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of2000, 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 actduring the period of time that the award is in effect; or (3) using forced labor in the performance of the award orsubawards 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 labor standards for federally-assisted construction contracts or subcontracts,
and
(b)The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes
of higher learning (IHE), hospitals and other non-profit organizations.
16.Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workerswho may be injured on the job at all times during the performance of the work of this Agreement, as per theworkers 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 RealProperty Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment
of persons displaced or whose property is acquired as a result of federal or federally-assisted
programs. These requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchase;
(b)Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection
Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more;
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CalOES
GOVERNOR'S OFFICE OFENERGENCYSER�CES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
( 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 1974 (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. Drivers are also prohibited from the use of a wireless telephone without hands-free
listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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CalOES
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2rams
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 thisprogram, or provided in the course of an entity's grant management activities that are under Federal control, issubject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act,California Government Code section 6250 et seq. The Applicant should consider these laws and consult its ownState 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 OHS The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests forproposals, bid invitations, and other documents describing projects or programs funded in whole or in part withfederal funds.
22.Activities Conducted Abroad The Applicant must ensure that project activities carried on outside the United States are coordinated asnecessary with appropriate government authorities and that appropriate licenses, permits, or approvals areobtained.
23.Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS defines personally identifiable infonnation (PH) as any information that permits the identity of an individualto be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collectsPIJ, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PIT they collect. The Applicant may refer to the OHS Privacy ImpactAssessments: Privacy Guidance and Privacy template as a useful resource.
24.Copyright The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement ofU.S. Government sponsorship (including the award number) to any work first produced under federal financialassistance awards.
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CalOES GOIIE.RNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Proe:rams
25.Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, SubpartE 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. § 620 l which contain policies relating to energyefficiency 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 debtinclude delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See 0MB CircularA-129.
28.Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service isavailable, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 401 I 8) and the interpretative guidelines issued by the Comptroller General of the United States in theMarch 3 I, 1981, amendment to Comptroller General Decision 8-138942.
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 allconference, 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 1974, as amended, 15 U.S.C. § 2225a.
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C CalOES 00\IEANOR'S OFFICE OF EN£R8ENCY SERVICES
FY2022 HSGP 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 bylaw, 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 specificrequirements 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 clauselocated at 37 C.F.R. § 401.14.
32.SAFECOM ff 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 Guidancefor 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 U.S. law that prohibit transactions with, and the provisions ofresources and support to, individuals and organizations associated with terrorism. The Applicantis legally responsible for ensuring compliance with the Order and laws.
34.Reporting of Matters Related to Recipient Integrity andPerformance 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 performanceof this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide A ward Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms andconditions.
Page 12 of 15 Initials�
CalOES GOVERNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35.USA Patriot Act of2001 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 18U.S.C. §§ 175-l 75c.
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 ofDHS 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 gapreduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38.Applicability ofDHS 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 Tenns and Conditions doesnot 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 alreadyexist.
39.Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the "Build America, Buy America" Act (BA BAA), enacted as part of theInfrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal awardsubject to BA BAA requirements may not use federal financial assistance funds for infrastructure projectsunless:
Page 13 of 15 Initial&
CalOES
OOVEANOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
(a)All iron and steel used in the project are produced in the United States -this means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States;
(b)All manufactured products used in the project are produced in the United States -this means the
manufactured product was manufactured in the United States; and the cost of the components of
the manufactured product that are mined, produced, or manufactured in the United States is
greater than 55 percent of the total cost of 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 within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) ofBABAA, FEMA may waive the application ofa 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.
Page 14 of 15
CalOES
GOVUNOR'S OFFICE OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
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 willbe extended based on the representations made in these assurances. These assurances are binding on Applicant, itssuccessors, 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 forCal 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 anyfuture grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates thecertification 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 atall tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhsstandard-terms-and-conditions.
The undersigned represents that he/s
Applicant.
Title:City Manager
APPROVED AS TO FORM
Cindie K. McMahon, City Attorney
Asslstan�"---e_p,.u.,,..�ey City of Carlsbad. California
thorized to enter into this agreement for and on behalf of the
Date: f5:;!:>..J2.=>
Page 15 of 15 Initials�
The City of
SAN
DIEGO~
Jurisdiction: City of Carlsbad
Office of Emergency Services
Signature Authorization Form
FY 2022 Homeland Security Grant Programs
Date Signed: IS;su....('26
The below named personnel are authorized to sign for the following Homeland Security Grant Programs: Urban Area Security Initiative (UASI).
NAME
TYPED/PRINTED
Deborah Baird
Jennifer Marinov
Michael Calderwood
Amanda Baker
Mickey Williams
TELEPHONE E-MAIL ADDRESS
NUMBER
442-339-2240 deborah.baird@carlsbadca.gov
442-339-2135 jennifer.marinov@carlsbadca.gov
442-339-2141 michael.calderwood@carlsbadca.gov
442-339-5054 amanda.baker@carlsbadca.gov
This form supersedes 11 ot ers for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this form will not be
processed.
Scott Chadwick 442-339-2821
Authorized Agent Printe nd Signature Phone No.
Mail form to City of San Diego, Office of Emergency Services, 9601 Ridgehaven Ct, MS l l0IC, San Diego, CA 92123
Or Email to rcoleman@sandiego.gov