CA Review ___AF___
Meeting Date: Jan. 24, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kim Young, Assistant Director of Emergency Services [email protected], 760-457-1142
Subject: Fiscal Year 2021 State Homeland Security Program Grant District: All
Reco
mmended Action
Adopt a resolution authorizing the City Manager to execute standard assurances with the County of San Diego Office of Emergency Services and to accept $83,321 in fiscal year 2021 State Homeland Security Program grant funds and authorizing the Deputy City Manager of Administrative Services to appropriate funds for program expenses.
Executive Summary
The City of Carlsbad was approved to receive a $83,321 grant from the San Diego County- administered State Homeland Security Program.
With these grant funds, the Police Department will purchase active shooter deluxe trauma kits and radio equipment and the Fire Department will purchase automated external defibrillators.
The City Council’s approval is required for the city to accept the funds under the terms of the grant.
Discussion
The State Homeland Security Program provides grants to build the capabilities of state and local police agencies to support of homeland security strategies and goals. These capabilities include agencies’ responses to catastrophic incidents. These funds also support public safety, a core value of Carlsbad’s Community Vision.
The County of San Diego applies for, receives and locally administers federal grant funds associated with this program. The county’s Unified Disaster Council is the governing body that determines the local grant fund distribution formula, which is based on the population of the municipalities.
There is no matching fund requirement for the grant program.
Jan. 24, 2023
Item #5 Page 1 of 19
These funds will enable both departments to purchase the specified equipment to help enhance catastrophic incident response capabilities. Without the grant funds, the equipment will not be purchased.
Fiscal Analysis
The Deputy City Manager of Administrative Services will appropriate program funds to the Public Safety Grant Special Revenue Fund. After purchasing the equipment, reimbursement requests will be submitted to the County of San Diego. Reimbursement payments will be deposited to the special revenue fund to offset program expenditures.
Next Steps
With City Council approval, the City Manager will sign the attached standard assurances and the Deputy City Manager of Administrative Services will appropriate $83,321 to the special revenue fund. Police and fire personnel will purchase the equipment and then submit reimbursement requests to the County of San Diego.
Environmental Evaluation
This action 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.
Public Notification
This item was noticed in accordance with the state’s Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1. City Council resolution
Jan. 24, 2023
Item #5 Page 2 of 19
RESOLUTION NO. 2023-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT FUNDS FOR FISCAL YEAR 2021 STATE
HOMELAND SECURITY PROGRAM, AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD ASSURANCES, AND APPROPRIATING $83,321 TO THE
PUBLIC SAFETY SPECIAL REVENUE FUND
WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2021 State Homeland Security Program; and
WHEREAS, the grant program will provide up to $83,321 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:
1. That the above recitations are true and correct.
2. That the city manager is hereby authorized and directed to accept the award from the State Homeland Security Program for receipt of the subject grant funds, and to prepare and submit any reports and final statements required by standard assurances.
3. That the city manager, or designee, is authorized to execute standard assurances with the County of San Diego for the distribution of Fiscal Year 2021 State Homeland Security Program grant funds (Attachment A).
4. That the deputy city manager of administrative services is authorized to appropriate $83,321 to the Public Safety Special Revenue Fund for the Fiscal Year 2021 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, if applicable;
Exhibit 1
Jan. 24, 2023 Item #5 Page 3 of 19
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 24th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
!t1fu_-
KEITH BLACKBURN, Mayor
��km�,,,,
;y-sHERRY FREISINGER, City Clerk
(SEAL)
Jan. 24, 2023 Item #5 Page 4 of 19
Attachme nt A
CalOES
OOVERNOll'S OFFICE
OF EME IIBENCY 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, manageria l and financia l capabi lity (including funds sufficien t to pay any non-federa l share of project cost) to ensure proper planning, management, and completion of the project described in this application , within prescribed timelines.
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 Manua l;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost princip les, uniform administrative requirements , and audi t requirements for federa l 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 Managem ent and Budget (0MB ) and can be found at http://www.wh itehouse.gov/omb/.
State and fed eral 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 counci l, governing board , or authorized body in support of this project . This written authorization must specify that the Applic ant and the city council, govern ing board , or authorized body agree:
(a) To provide all matching fund s requ ired 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 expendi tures controlled by the city cou ncil, governing board , or authorized qody;
Jan.24,2 023 Item #5
Initials~
CalOES
GOVEANOll'S OFFICE
OF EN EABENCV SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d) Applicant is authorized by the city council , governing board, or authorized body to app ly for federa l assistance, and the institutional, managerial and financia l capab ility (including funds sufficie nt to pay the non-federal share of project cost, if any) to ensure prop er planning , management and comp letion of the project described in this application; and
(e) Officia l execu ting this agreement is authorized by the Applicant.
This Proof of Authority must be maintain ed on file and readi ly available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowab le activit ies 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, gra nt, loan, or coopera tive agreement from an agency or requests or receives from an agency a com mitment providing for the United States to insure or guarantee a loan, the App licant certi fies 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 attempt ing to influen ce an officer or employee of an agency, a Membe r 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, cont inuation, renewal, amendme nt, or modifi cation of any federal cont ract, grant, loan, or coope rative agreemen t.
{b) If any funds other than federal appropria ted funds have been paid or will be paid to any person for influencing or attempt ing to influence an office r or employee of any agency, a Memb er of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, gran t, loan, or cooperative agreement , the undersigned shall comp lete and submit Standard Form-Lll , "Disclosure Form to Report Lobbying" , in accordance with its instructio ns.
(c) The undersigned shall require that the language of this cert ification be included in the award documents for all subawards at all tiers (including subco ntracts, subgrants, and contrac ts unde r grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseacco ~f.
Jan. 24,2 023 Item #5 Page 6 of 19
CalOES
00Vf;~110ll '$ OF!'I~£
OF EMERG ENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The App licant will also comp ly with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the political activ ities of employees whose principa l employmen t acti vities are fund ed in whole or in part with federal funds.
Finally, the Applicant agrees that fede ral funds will not be used, directly or indirect ly, to support the enactme nt, repea l, modification or adoption of any law, regulation or po licy 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 req uired by Execu tive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and cod ified 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 d ealings with the federal gove rnment. The Applica nt certifies that it and its principa ls, recip ients, or subrecip ients:
(a) Are not presently deba rred, suspended, proposed for d ebarmen t, declare d ineligible, or voluntarily exclude d from cove red transac tions by any federal depar tment or agency;
(b) Have not within a three-year period preced ing this applic_ation bee n convicted of or had a civ il judg ment rende red agains t them for comm ission of fraud or a crimina l offense in connection with obtaining, attemp ting to obtain, or perfor ming a public (fede ral, state, or local) transactio n or con tract under a public transact ion ; violation of fede ral or state antitrust statutes or commission of embezz lement, theft, forgery, bribery, falsification or destruct ion of records, making false stateme nts, or rece iving stolen proper ty; (c) Are not presently indicted for or otherwise criminally or civ illy charged by a gove rnmental entity (federa l, state, or loca l) with commission of any of the offenses enumerated in paragrap h (2) (b ) of this certifica tion; and (d) Have not with in a three-year period preceding this app lication had one or more pub lic transact ion (federal, state, or loca l) term inated for cause or defau lt.
Where the Applicant is unable to certify to any of the statements in this certifi cation, he or she shall attach an explanatio n to this app lication.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comp ly with all state and fede ral statutes relating to non discrimination , includ ing:
Jan.24,2023 Item #5 Page 7 of 19
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 assistan ce 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 prohibi ts 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 confiden tiality of patient records regarding substan ce abuse treat ment ; (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 contract ors and subcon tract ors, who do over $10,000 in Government business in one year from discriminating in employmen t decisions on the basis of race, color, religion, sex, sexual orientation , gender identifi cation 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 fede ral workforce and on the part of government contractors;
U) California Public Contract Code§ 10295.3, which prohib its discrimination based on domestic partnerships and those in same sex marriages;
Jan. 24, 2023 Item #5
Initial&_
CalOES
GOVERNOR'S OFFICI;
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) OHS policy to ensure the equa l treatment of faith-based organiza tions, under w hich all applicants and recip ients must comp ly with equa l treatmen t policies and requ irements 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 beca use of ancestry, famili al statu s, race, color, religious creed (includ ing religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical cond itions related to pregna ncy, childbirth or breastfeeding), gende r, gende r identity, gende r expression, sexual orienta tion, marital statu s, natio nal origin, ancestry, mental and physical disability, genetic informati on, medical condition, age , pregnan cy, denial of medical and family care leave, or pregnancy disability leav e, military and veteran status, and/or retaliati on for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax suppo rted institutions; (m) Any other nondisc rimination prov isions in the specific statute(s) under which application for federa l 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 App lican t certi fies that it will maintain a drug-free workpla ce and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comp ly with state and federal env ironmental standards, includi ng:
(a) California Environmental Qua lity Act (CEQA) (California Public Resources Code § § 21000- 21177), to include coordination with the city or coun ty 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.), whic h establi shes the basic structure for regulating discharg es of pollutants into the waters of the United States and regu lating quality stand ards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regu lates air emissions from stationary and mobile sources;
Jan.24,2 023 Item #5
Initial~
CalOES • GOVERNOR'S QFFICE
OF EMERGENCY SERVI CES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environme ntal quality control measures unde r the Nationa l Environme ntal Policy Act (NEPA) of 1969 (P.L. 91-1 90); the Council on Environme ntal Qua lity Regulat ions for Implementing the Procedura l Provisions of NEPA; and Executive Order 12898 whic h focuses on the environmental and human health effects of federa l actions on minority and low-income populations with the goal of achiev ing environmenta l protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11 988;
(g) Executive Orde r 11 514 which sets forth national enviro nmental standards; (h) Execu tive Orde r 11 738 instituted to assure that each federal agency empowe red to enter into con tracts for the procuremen t of goods, materials, or services and eac h fede ral agency empowe red to extend federa l assistance by way of grant, loan, or contract shall undert ake such procuremen t and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Exec utive Order 11 990 which requi res preserva tion of wet lands;
(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 progra m deve loped under the Coastal Zone Managemen t Act of 1972 (1 6 U.S.C. §§ 1451 etseq. );
(I) Conformi ty of Federal Actions to State (Clear Air) Impleme ntation Plans under Section 176(c) of the Clean Air Act of 1955, as ame nded (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 compone nts or poten tial compo nents of the nationa l wild and scenic rivers system.
The App licant shall not be: 1) in violatio n of any order or resolution prom ulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the Califo rnia Water Code for violation of waste discharge require ments or discharge prohibitions; or 3) determi ned to be in violation of federa l law relating to air or water pollution.
Jan. 24,2 023 Item #5
lnitia~
~ £~!..2,~s ~ OF EMERllEN CY SERVICES
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 cause to be performed the required financial and compliance audi ts in accordance 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 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, contractor s, successors, transferees and assignees to acknowledge and agree to comp ly with this provision.
1 o. Conflict of Interest
The Applicant will establish safegua rds to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organ izational conflict of interest, or persona l gain.
11. Financial Management
False Claims for Payment-The Applicant will comp ly with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipien t shall submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comp ly with applicab le provisions of the Federa l Funding Accoun tability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligat ing $30,000 or more in federal funds and (b) execut ive compensa tion data for first-tier subawa rds. This includes the provisions of FFAT A, which includ es requ irement s for execu tive co mpen sation, and also requirements impl eme nting the Act for the non-federa l entity at 2 C.F.R. Part 25 Financial Assistan ce Use of Universal Identifier and Centra l Contractor Registration and 2 C.F.R:
Part 170 Reporting Subaward and Executive Compensation Informati on.
13. Whistleblower Protections
The Applicant also must comp ly with statutory requirements for whistleblower protections at 1 0 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
Jan.24,2023 Item #5 Page 11 of 19
CalOES
GOVERNOR '$ OFJ:IC£
OF l!MEROENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The App licant will comp ly with the requirements of Section 106(g) of the Trafficking Victims Protectio n Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipie nt from: ( 1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercia l sex act during the period of time that the award is in effect ; (3) using forced labor in the performance of the award or subawa rds under the award.
15. Labor Standards
The Applicant will comp ly with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Cope land Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contra ct Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standard s for federally-assisted construction cont racts 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-prof it organizat ions.
16. Worker's Compensation
The Applicant must comp ly with provisions which require every employer to be insured to pro tect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensatio n laws set forth in California Labor Code§§ 3700 et seq.
17. Property-Related
If applicab le to the type of project fund ed by this federal award, the Applicant will:
(a) Comply with the req uiremen ts of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which prov ide for fair and equ itabl e 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 regard less of federa l part icipation in purchas e; (b) Comp ly with flood insurance purchase requ irements of Section 102(a) of the_ Flood Disaster Protection Act of 1973 (P .L. 93-234) which requires subrecip ients in a specia l flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisi tion is $10,000 or more;
Jan. 24,2023 Item #5
Initials~
CalOES
GOVU~OR'$ 0Ff 1(;£
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring complian ce with Section 106 of the (d) National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identi fication and protection of historic properties) , and the Archaeological and Historic Preservation Act of 1974 ( 16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead- Based Paint Poisoning Preven tion Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in cons truction or rehabilitation of residence structur es.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all cons tructi on 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 award ing agency. Will record the fe dera l awarding agency directi ves and will include a covena nt in the title of real property acqu ired in whole or in part w ith federal assistance fund s to assure nondiscrimination during the useful life of the project;
(b) Comply with the req uireme nts of the award ing agency with regard to the draft ing, 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 comp lete work conforms with the approved plans and speci fications 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
App licants are required to comply with Californ ia Vehicle Code sect ions 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communica tions device to write, send, or read a text-based communica tion. Drivers are also prohibited from the use of a wireless telepho ne without hands-free listening and talking, unless to make an emerge ncy call to 911, law enforcemen t, or similar services.
Jan. 24,2 023 Item #5
lnitialsf(t,,
CalOES
~
OOV!t~N011'$ QFflCE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 cou rse 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 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.
HOMELAND SECURITY GRANT PROGRAM {HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from OHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, request s for prop osals; bid invitations , and other docume nts describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licen ses, 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 the identity of an individual to be directly or indirectly inferred, includi ng any informati on that is linked or linkable to that individual. All recipients who collect PII are requ ired to have a publicly-ava ilable privacy policy that describes standards on the usage and maintenance of PII they collect . Recip ients may also find the OHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respect ively.
24. Copyright
All recipients must affix the appli cab le copy right 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.
Jan. 24, 2023 Item #5
Initials~
CalOES
GOVl!ANOR'S OFFlt;E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
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 charge d to other federal financi al assistance awards to overco me fund deficiencies, to.avoid restrictions imposed by federal statut es, regulations, or federal financial assistance award terms and condit ions, or for other reasons. However, these prohibitions would not preclude recip ients from shifting costs that are allowable under two or more awards in accordance with existing federal statut es, regula tions, or the federal financial assistance award terms and condi tions.
26. Energy Polley and Conservation Act
All recipients must comp ly with the requiremen ts of 42 U.S.C. § 6201 whic h con tain policies relating to energy efficiency that are defined in the state energy conservation plan issued in comp liance with this Act.
27. Federal Debt Status
All recipients are required to be non-delinquent in their repay ment of any federal debt. Examp les of relevant debt includ e delinquent payroll and other taxes, audit disallowa nces, and benefit overpayment s. See 0MB Circular A-129.
28. Fly America Act of 1974
All recipients must comp ly with Preference for U.S. Flag Air Carriers: (air carriers holding cert ifica tes under 49 U.S.C. § 41102) for internationa l air transporta tion of peop le and prope rty to the extent that such service is available, in acco rdance with the International Air Transportation Fair Competitive Practices Act of 197 4 ( 49 U.S.C. § 401 18) and the interpretativ e guidelines issued by the Comp troller Gene ral of the United States in the March 31, 1981, amendme nt to Comptroller Genera l 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 App licants must ensure that all con ference, meeting, convention, or training space funded in whole or in part wit h federal funds comp lies with the fire prevention and control guide lines of the Federal Fire Prevention and Con trol Act of 197 4, as amended, 15 U.S.C. § 2225a.
Jan.24,2023 Item #5
Initials&:._
CalOES
GOVERNOR 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
30. Non-supplanting Requirement
All recipients who receive federa l financial assistance awards made unde r programs that prohibit supp lantin g by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non federa l sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recip ients 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 speci fic requiremen ts gove rning 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 financia l assistance awards made under programs tha t provide emergency communication equ ipment and its related activities must comp ly with the SAFECOM Guidance for Emergency Commun ication Gra nts, including provisions on technical standards that ensure and enhan ce interoperable comm unications.
33. Terrorist Financing
All recipients must comp ly with Executive Order 13224 and U.S. law that proh ibit transactions wit h, and the provisions of resources and suppor t to, individuals and organiza tions associated with terrorism. Recipients are legally responsible to ensure comp liance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recip ient' s curre ntly active grants, coopera tive agre ements, and procurement contract s from all federa l assistance offices exceeds $10,000,000 for any period of time during the period of perfo rman ce of this federa l financial assistan ce award, you must comply with the requirements set forth in the governmen t-wid e Award Term and Condition for Recipient Integrity and Performan ce Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorpo rated here by reference in the award terms and conditions .
Jan.24,2023 Item #5
Initial~
CalOES
GOVERNOR'S OFflCE
OF EMERGE NCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
All recip ients must comply with requirements of the Uniting and Strengthening America by Providing App ropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act}, which ame nds 18 U.S.C. §§ 175- 175c.
36. Use of DHS Seal, Logo, and Flags
All recip ients must obtai n permission from their OHS Financia l Assistance Office, prior to using the OHS seal[s), logos, crests or reproductio ns of flags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reprod uctions of flags or likenesses of Coast Guard officials.
37. Performance Goals
In additio n to the Biannual Strategy Implementation Report submission requ irements outlined in the Preparedness Grants Manual, subrecip ients must demons trate how the grant-fu nded project addresses the core capa bility gap associated with each project and identified in the Threat and Hazard Identification and Risk Ana lysis or Stakeholder Prepa redness Review or sustains existing capab ilities, as app licable. The capab ility gap reduction or capab ility sustainme nt must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The OHS Standard Terms and Conditions are a restateme nt of general requ iremen ts imposed upon recipien ts and flow down to subrecipients as a matter of law, reg ulatio n, or executive orde r. If the req uireme nt does not apply to India n tribes or there is a fede ral law or regulation exempting its applica tion to India n tribes, then the accep tance by Tribes of, or acquiescence to, DHS Standar d Terms and Condit ions does not change or alter its inapplicability to an Indian tribe. The execu tion of gra nt documents is not intended to change, alter, ame nd, or impose additiona l liability or responsibility upon the Tribe where it does not already exist.
Jan. 24, 2023 Item #5
Initials~
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of the assurance is to obtain federa l and state financia l assistance, includi ng any and all federa l and state grants, loans, reimbursement, contracts, etc. The Appl icant recognizes and agrees that state financial assistance will be extended based on the representatio ns made in this assurance. This assurance is binding on the Appl ican t, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, terminatio n, or reduct ion of grant funds.
All appropriate documenta tion, as outlined above, must be mainta ined on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comp ly with these requirements may result in suspension of payments under the gran t or terminat ion of the gra nt or both and the subrecipie nt may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: ( 1) the recipient has made false certification, or (2) violates the certi fication by failing to carry out the requirements as noted above.
All of the langu age contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Co nditions 2021, Version 11 .4, hereby . incorporated by reference , whic h can be found at:
https:/ /www.dhs .gov/publicat ion/fy 15-dhs-stand ard-terms-and-conditions.
The undersigned represents that he/.
on behalf of the Applicant .
is authorized to enter into this agreement for and
Printed Name of Authorized Age nt: __..S,.,_c.._aLLtt,__,C......i..eba .... d .... w=ic...ok~------ - ---- Title: City Manager
APPROVED AS TO FORM
Cfnd'
.k
Aaafstan eputy City Attomey
City of Carlsbad, California
Jan. 24, 2023
Date: ~
Item #5
Initials~
County of San Diego
Office of Emergency Services
Signature Authorization Form
FY 2021 State Homeland Security Program Grant
City of Carlsbad
For Jurisdiction:
12/5/2022 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 TELEPHONE E-MAIL ADDRESS YPED/PRINTED NUMBER Michael Calderwood Fi.re Chief (760) 457-1201 rnichael.calderwood @carlsbadca.gov Kimberly Young Asst. Director, Emergency Svcs (760) 457-1142 [email protected] Deborah Baird Management Assistant (760) 457-1212 deborah.baird @carls badca.gov Amanda Baker Management Analyst (442) 339-5054 [email protected] Mickey Williams Police Chief (442) 339-2130 [email protected] ~ This form supersedes all others fi
3 be processed.
indicated jurisdiction. Requests for reimbursement received from staff not identified in this form will not :it u,
"0
Ill
O't:I
(D
I-'
I.O Mail form to: County Office of Emergency Services, 5580 Overland Avenue Suite 100, San Diego, CA 92123 S, For County Departments Mail Stop: 025
I-' For questions on this form pleas e contact: Kevin Preston at 858-715-2214 or [email protected] I.O
Phone No.
7/22/21111