Carlsbad City Council
June 13, 2023

RESOLUTION 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 the responsibility of the Applicant and the city council, governing board, or authorized body;
c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of the 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.

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)
August 22

AGREEMENT BETWEEN THE CITY OF

SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE

CITY OF CARLSBAD
FOR THE DISTRIBUTION OF FY 2022 UASI GRANT FUNDS
THIS AGREEMENT is made this day of • ' , 2023 in the City and County of San Diego, State of California, by and between the dTY OF CARLSBAD ("SUBRECIPIENT") and the CITY OF SAN DIEGO , a municipal corporation ("San Diego" or "City") , in its capacity as fisca l agent for the Approval Autho rity, 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 ("S D OES").

RECITALS
WHEREAS , The United States Department of Homeland Security ("DHS") designated San Diego as an eligib le 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 Workin g Group ("UA WO"), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA , to provide overall gove rnance of the homeland secur ity grant program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensu re complianc e with all UASI program requirements; and
WHEREAS, The City of San Diego Office of Emergency Services ("SD OES") , as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as detennined and directed by the Approval Authority , and
WHEREAS, San Diego has been des ignated as the grantee for UASI funds granted by the OHS thro ugh the Californ ia Office of Eme rgency Services ("Cal OES") to the SDUA, with responsib ility to estab lish procedures and execute subgran t agreements for the distribution ofUASI program grant funds to jurisdiction s selected by the Approva l Authority to receive grant funding; and WHEREAS, San Diego has been desig nated to serve as the fiscal agent for the Approval Authority , and to estab lish procedures and provide all financial services for distribution of UAS I program grant funds within the SDUA; and
WHEREAS, Pursuant to gra nt allocation decisi ons by the Approval Author ity, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUB RECIPIENT on the tenns and conditions set forth here in;
NOW, THEREFORE, in considerat ion of the premises and the mutual covenants conta ined in this Agre ement and for other good and valuab le considerat ion, the receipt and adequacy of which is hereby acknowle dged, the partie s hereto agree as follow s:

FY 22 UASI - SUBREC IPIENT Page I of20 September I, 2022 Attachment A
ARTICLE 1

DEFINITIO NS

1.1 Specific Terms. Unless the context requires otherw ise, the fo llowing capitalized terms (whether singular or plural) sha ll have the meaning s set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (inc luding all rules and regu lations there under) and all other applicable federal , state and local disability rights legislation, as the same may be amended , modifi ed or supplemented from time to time. (b) "Authorized Expenditures" shall mean expendi tures for those purposes identified and budgeted in the SUBRECIPIENT Award Letter (Appendix A) and/or approved modification. (c) "Event of Default " shall have the meaning set forth in Section 7.1. (d) "Fiscal Quarter " shall mean each period of three calendar months com mencing on July 1, October I, January 1, and April I, respective ly.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #: ) under this Agreeme nt. This Agreement shall spec ifica lly cover fund s allocated or disbursed from Cal OES Grant No. 2022-0043 , Cal OES ID No. 073-66000, CFDA No. 97.067 , per Cal OES award notice dated October 24, 2022.
(f) "Grant Plan" shall mean the plans , performances, events , exh ibition s, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financ ial Management Forms Workbook (FMFW). If SUBREC IPIENT requests any modification to the Grant Plan, SUBREC IPIENT shall submit a writte n request to the SD OES Program Manage r with the fo llowing information: Scope of change requested, reason for c han ge, pro posed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approva ls in support of change (e.g ., EHP).
(g) "Indemnified Parties " shall mean: (i) San Diego, including all commiss ions, departments includin g OES , agencies, and other subdiv isions of San Diego; (ii) San Diego's elected officials, d irectors, officers, employees, age nts, successors, and ass igns; and (iii) all persons or entities acti ng on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations , losses , damages , penalties , claims, actions, suits, jud gments, fees, expe nses and costs of whatsoeve r kind and nature (including legal fees and expenses and costs of inves tigation , of prosecutin g or defe nding any Loss described above) whe ther or not such Loss be founded or unfounded, of whatsoever kind and nature. (i) "Reimbursement Request " shall have the meaning set forth in Section 3.l0(a). (j) "Simplified Acquisition Threshold" means the dollar amou nt below which a non- Federa l entity may purchase prop erty or services using small purchase methods. (k) "UASI Management Team" shall mean The SD OES Program Mana ger, Program Coordinator, as well as project, grant, and admini strative staff. The Program Manager appoints members to the Mana gement Team to implement the polici es of the UA WG . (I) "Pass-through entity" shall mean a non-Federa l entity that provid es a sub awa rd to a subrecipient to carry out part of a Federa l Program.

FY 22 UASI - SUBRECrPIENT Page 2 of20 September 1, 2022

1.2 Additional Terms. The tenns "as directed ," "as required" or "as permitt ed" and simila r terms shall refer to the direction , requirem ent, or permission of City. The terms "suffic ient," "necessary" or "proper" and similar terms shall mean sufficient , necessary or proper in the sole judgment of City. The terms "approva l," "accep table " or ·"satisfactory " or similar terms shall mean approved by, or acceptable or satisfactory to, City. The terms "include, " "included" or "including " and similar terms shall be deemed to be followed by the words "without limitation. " The use of the term "subcontractor ," "successor" or "ass ign" herein refers only to a subcontractor, successor or assig n expressly permitted under Article 8.

1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits , schedules, and attachments hereto; (b) any and all statutes , ordinances , regulations or other documents express ly incorporated by reference herein; and (c) any and all amendments, modifications or supplements hereto made in accordance with Section 10.2. References to articles, sections, subsections or appendices refer to articles, sections or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as "hereunder ," "herein " or "hereto" refer to this Agreement as a whole.
1 .4 Reference to laws. Any reference in this Agreement to a federa l or state statute, regu lation, executive order , requirement, policy , gu ide, guide line, information bulletin , or instruct ion shall mean that statute, regulation, executive order , requirement, policy, guide, guideline, information bulletin , or instruction as is currently in effect and as may be amended, modified or supplemented from time to time.

ARTICLE2
ALLOCATION AND CERTIFICATION OF GRANT FUNDS;

LIMITATIONS ON SAN DIEGO'S OBLIGATIONS

2.1 Risk of Non-Allocation of Grant Funds. This Agreement is subject to all federal and state grant requirements and guidelines, including DHS and Cal OES requirements , guidelines, information bulletins, and instruction s, the decision-making of the Cal OES and the Approva l Authority, the terms and conditions of the grant award; the approved application, and to the extent applicab le the budget and fiscal provisions of the San Diego City Charter. The Approval Authority shall have no obligation to allocate or direct disbursement of funds for this Agreement in lieu of allocations for new or other agreements.

SUB RECIPIENT acknowledges and agrees that grant decisions are subject to the discretion of the Cal OES and Approval Authority. Further, SUBRECIPIENT acknowledges and agrees that the City shall have no obligation to disburs e grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBREC IPIENT acknowledges and agrees that if it takes any action, infonnal or formal, to appropriate, encumber or expend Grant Funds before final allocation decisions by Cal OES and the Approval Authority, and before this Agreement is fully and finally executed, it assumes all risk of possible non-allocation or non-reimbursem ent of funds, and such acknowledgement and agreement is part of the consideration of this Agreement.

2.2 Certification of Controller; Guaranteed Maximum Costs. No funds shall be avai lable under this Agreement without prior written authorizat ion certified by the San Diego Chief Financia l Officer as set forth in Section 39 of the City of San Diego City Charter:
"No contract, agreement , or other obligation for the expenditure of public fund s sha ll be entered into by any officer of the City and no such contrac t shall be valid unless the Chief Financial Officer shall certify in writing that there has been made an appropriation to cover the expenditure and that there remains a sufficie nt balance to meet the demand thereof." FY 22 UAS I - SUBRECIPIENT Page 3 of20 September 1, 2022 ARTICLE 3

PERFORMANCE OF THE AGREEMENT

3.1 Duration of Term. The term of this Agreement shall comme nce on SEPTEMBER 1, 2022 and shall end at 11 :59 p.m. San Diego time on MAY 31, 2025.

3.2 Maximum Amount of Funds. In no event shall the amount of Grant Funds disbursed hereunder exceed the amount awarded under the SUBRECIPIENT Award letter (Appendix A), Training and Exerc ise Participation Award Letter and /or approved modification. The City will not automatica lly transfer Grant Funds to SUBRECIPlENT upon execution of this Agreement. SUBREC IPIE NT must subm it a Reimbursement Request under Section 3.10 of this Agreement, approved by the VASI Management Team and City, before the City will disburse Grant Fund s to SUBRECIPIENT.

3.3 Use of Funds.
(a) General Requirements. SUBREC IPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUB RECIPIENT shall not use or expend Grant Funds for any other purpo se, including but not limited to, for matching funds for other federal grants/cooperative agreements , lobbying or intervention in fede ral regulatory or adjudicatory proceedings, or to sue the federal government or any other government entity. SUBRECIPIENT shall not pennit any federa l employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections l.l(f) and 10.2 of this Agreement , SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBREC IPIEN T shall not appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to such a reque st for modification until the SD OES Program Manager or designee has provided written approval for the request. In addition , if the modification request requires approval from the Approval Authority and/or Cal OES , as determined by the SD OES Program Manager , SUBRECIPIENT shall not appro priate , encumbe r or expend any add itional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supp lantin g. SUBRECIPIENT shall use Grant Funds to supp lement existing funds, and not replace (supplant) funds that have been appropriated for the same purpose. (d) Obligations. SUBRECIPIENT must expend Grant Funds in a timely manner consiste nt with the grant milestones, guidance and assurances; and make satisfactory prog ress toward the goa ls, objectives, milestones and deliverables in this Agreemen t. (e) Subawards. SUBRECIPENT is not an author ized pass-through entity and is not authorized to make any subawards of Gran t Funds.

3.4 Grant Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBREC IPIENT shall comply with all Grant Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein . (b) In addition to complying with all Grant Assu rances, SUBRECIPIENT shall comply with all applicable statute s, regulation s, executive orders, requirement s, policie s, guides, guidelines, information bulletins , Cal OES gra nt management memos, and instructions; the tenns and conditions of the gra nt award; the approved application, and any conditions imposed by Cal OES or the Approval Autho rity. SUB RECIPIENT sha ll require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all app licable statutes , regulations , executive orders, FY 22 UASI - SUBRECIPIENT Page 4 of20 September l , 2022 requirements , policie s, guides, guidel ines, information bullet ins, Cal OES grant management memos, and instructions ; the terms and conditions of the grant award; the approved application, and any conditions imposed b y Cal OES or the Approval Authority.
(c) SUBRECIPIENT shall promptly comply with all standards , specifications and formats of San Diego and the UASI Management Team, as they may from time to time exist, related to evaluation, planning and monitoring of the Grant Plan and compliance with this Agreement. SUBREC IPIENT shall cooperate in good faith with San Diego and the UASl Management Team in any eva luation, inspection, planning or monitoring activities conducted or authorized by DHS , Cal OES, San Diego or the UASI Management Team. For ensuring compliance with non-supplanting requirements, upon reque st by City or the VASI Management Team, SUBRECIPIENT shall supply documentation certifying that a reduction of non-federal resources occurred for reasons other than the receipt or expected receipt of Grant Funds.

3.5 Administrative, Programmatic and Financia l Management Requirements. SUBRECIPIENT shall establis h and maintain administrat ive, programm atic and financial management systems and records in accordance with federa l and State of California requirements. This provision requires, at a minimum , that SUBRECIPIENT comply with the following non-exclusive list of regulation s common ly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:

3.6 (a) Administrat ive Requirements:

1. 2 CFR Patt 200, Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards (former ly 44 CFR Part 13, 0MB Circulars A-21, A-87, A-89, A-102, A-1 10, A-122, and A-133).
(b) Cost Principles:

1. 2 CFR Part 200, Subpart E - Uniform Administrative Requirements , Cost Principles, and Audit Requirements for Federal Awards (formerly 44 CFR Part 13, 0MB Circulars A-2 1, A-87, A-89, A-102, A-1 10, A-122, and A-133);

2. Federa l Acquisitio n Regulations (FAR) , Part 31.2 Contract Principles and Procedures, Contracts with Commercial Organizations.
(c) Audit Requirements:

I. 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (fonnerly 44 CFR Part 13, 0MB Circula rs A-21, A-87, A-89, A-102, A-1 I 0, A-122, and A-133).

Techno logy Requirements.
(a) National Information Exchange Mode l ("NIEM"). SUBRECIPIENT shall use the latest NIEM speci fications and guidelines regarding the use of Extens ible Markup Language ("XML") for all awards of Grant Funds.
(b) Geospatial Guidance. SUB REC IPIENT is encouraged to use Geospatial technologies, which can capture, store, analyze, transm it and/or display locat ion-based inform ation (i.e., informa tion linked to a latitude and longitude), and to align any geospat ial activities with the guidance avai lable on the Federa l Emergency Management Agency ("FEMA") website . (c) Criminal Intelligence Systems Operating Policies. Any information techno logy system funded or supported by Grant Funds shall comply with 28 CFR Patt 23, Criminal Intelligence Systems Operating Policies, if applicable.

FY 22 UASI - SUBRECIPIENT Page 5 of20 September 1, 2022 (d) SUBREC IPIENT is encouraged to use the OHS gu idance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principles , if G rant Funds are used to purchase or insta ll closed circuit television (CCTV) systems or to suppo rt operat ional CCTV syste ms .

3.7 Procure ment Requirements.
(a) General Requiremen ts. SU BREC IPIENT shall follow its own proc urement requ ireme nts as long as those requirements com ply with all app licab le federal and State of Californ ia statutes, regu lations, requirements, pol icies, guides, guidel ines and inst ructions. (b) Contrac t Provisions. Al l contracts m ade by the SUBREC IPIENT u sing Grant Funds must conta in the app licab le contract clauses described in Appendix II to the Unifor m R ules (Contract Prov isions for non-Federa l Entity Contract Under Federa l Awa rds). 2C.F .R. § 200.326. (b) Specific Purchases. If SUBREC IPIENT is using Grant Funds to purchase interoperab le com munication equipmen t, SUBREC IPJENT shall consu lt DHS's SAFECOM 's coord inated grant guidance, which outlines standards and equ ipment info rmation to enhance interoperable commun ication.

If SUBREC IPIENT is using Grant Funds to acquire critica l emergency supplies, prio r to expending any Gran t Funds, SUBREC JPIENT shall submit to the UASI Management Team for approva l by Cal OES a viable inventory manage ment plan, an effec tive distrib ution strategy, susta inment costs for such an effort, and logistics expert ise to avoid situatio ns where funds are was ted beca use supplies are rendered ineffective due to lack of planning.
(c) Bond Requ irement. SUBRECIP IENT shall obta in a perfo rmance bond for any equipment items ove r the simp lified acquisition thres hold (2C.F.R . § 200.88) or any veh icle, aircraft or watercraft financed w ith Grant Funds.
(d) Non-Compet itive Procurement Requ irements. UAS I Manageme nt Team prior approval is required for any proc uremen t made witho ut advert isement or a compet itive process or single response to a request for proposal/b id, regardless of dollar amount, this includes sole sou rce procurements.

SU BREC IPIENT shall submit a Non-Competitive Procu rement Authorization request to the VASI Manageme nt Team for approval prior to expend ing any grant funds. Add itio nally, SUBRECI PT shall subm it a Non-Co mpetitive Procure ment Request to the UAS I Management Team for CalOES approval for any non-competitive procurement over the sim pl ified acqu isition threshold (2C.F.R. § 200 .88). (e) Federa l Schedules. SUBREC IPEN T shall submit a Federal Schedu le Procure ment Authoriza tion request to the UAS I Management Team for approval to procure using the Federa l supp ly schedu le, prior to expend ing any grant funds .
(f) Prohib itions on Expending FEMA Award Funds for Cove red Telecommu nications Equipment or Services. SUBRECIPIENT and any contractor or subcontractor shall comp ly with the restrictions on proc uremen t of ce1tain telecommunica t ions and video surveillance products as desc ribed in sect ion 889 of the John S. McCain Natio nal Defense Authorizat ion Act for Fiscal Year 20 I 9 (FY 2019 NOAA) , Pub. L. No. 115-232 (2018) and 2 C.F .R. §§ 200.2 16, 200.327, 200.4 71, and Appendix II to 2 C.F.R. Part 200.

3.8 Contractor Requirements.
(a) SUBREC IPIENT sha ll ensure and independent ly verify that any contractor or othe r entity receiv ing Grant Funds from SUBREC IPIENT is not debarred , s uspe nded , or otherwi se excluded from or ine ligible for participation in federal assistance programs, unde r Execut ive Orders 1254 9 and 12689 , as FY 22 UASI - SUBRECIPIENT Page 6 of20 September 1, 2022 implemented at 2 CFR Part 3000. SUBREC IPIENT shall obta in documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUB RECIPIENT shall maintain documentary proof of this verification in its files. SUBREC[PIENT shall establish procedures for the effect ive use of the "Excluded Parties List System, " to assure that it does not provide Grant Funds to excluded parties.

SUBRECIPIENT shall also establish procedures to provide for effective use and/or dissemination of the list to assure that its contractors, at any tier do not make awards in violation of the non-procurement debarment and suspension common rule.
(b) SUBRECIPIENT shall ensure that any contractor or other entity receiving Grant Funds from SUBRECIPIENT complies with the requirements of 44 CFR Part 18, New Restrictions on Lobbying; and
(c) SUBRECIPIENT shall ensure that any contractor or other entity receiv ing Grant Funds from SUBRECIPIENT complies with the requirements of2 CFR Part 3001, Requirements for Drug-Free Workplace (Financia l Assistance).

3.9 Monitoring Grant Performance.
(a) City and the UASI Management Team are both authorized to perform periodic monitoring reviews of SUBRECIPIENT's performance under this Agreement, to ensure that the Grant Plan goa ls, objectives , perfonnance requirements , timelines, milestone comp letion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparednes s Coordinators, or other federal or state person nel, when appropr iate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits , inspection ofrecord s, and verificat ions of grant activities. These review s will invo lve a review and analy sis of the financial , programmatic, performance and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. The reviews may include , but are not limited to:

1. Evaluating eligibil ity of expenditures;

2. Comparing actual grant activities to those approved by the Approval Authority and specified in the Grant Plan;

3. Ensuring that any advances have been deposited in an interest bearing account and disbursed in accordance with applicab le guidel ines; and

4. Confirming compl iance with: Grant Assuranc es; information provided on performance report s and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activ ities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT. This requirement include s but is not limited to mandator y on-site verification visits. (c) If after any monitoring review, the OHS or Cal OES makes findings that require a Co1Tective Action Plan by SUBREC IPIENT, the City shall place a hold on all Reimbur sement Requ ests from SUBRECIPIENT until the findings are resolved.

3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBREC IPIENT as follo ws:
(a) SUBREC IPIENT shall submit to the UASI Management Team, in the mann er specified for notices pursuant to Article 9, a document ("Reimbursement Request") subs tantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.

FY 22 UASI -SUBRECTP TENT Page 7 of20 Septembe r I , 2022 The UASI Management Team shall serve as the primar y contact for SUBRECIPIENT regarding any Reimbursement Request.
(b) The UASl Management Team will review all Reimbursement Requests for compliance with this Agreement and all appl icable guidelines and requirements. The UASl Management Team will return to SUBREC IPIENT any Reimbursement Request that is submitted and not approved by the UASI Management Team, with a brief statement of the reason for the rejection of the Reimb ursement Request. (d) Ifa rejection relates only to a portion of the expend itures itemized in any Reimbursement Request , City shall have no obligation to disburse any Grant Funds for any other expend itures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASl Management Team . (e) IfSUBRECIPIENT is not in compliance with any provision of this Agreement , City may withhol d disbursement of Grant Funds until SUBRECIPIENT has taken correct ive action and currently complies with all terms and conditio ns of the Agreement.

3. 11 Disallowance. SUBREC IPIENT agrees that if it claims or receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federa l government, SUBRECIP IENT shall promptly refund the disallowed amount to City upon City's written reque st. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereund er or under any other Agreement with SUBREC IPIENT. Any such offset with respec t to a po1tion of the disallowed amount shall not release SUBRECIPIENT from SUBREC IPIENT's obligation hereunder to refund the remainder of the disallowed amount.

3. 12 Sustainability. Grant Funded programs that contain continuing personnel and operat ing expenses, over and above planning and implementation costs , must be sustained once the Grant Fundin g ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By execut ing this Agreement, SUBREC IPIENT acknowledges its responsibilit y and agrees to susta in continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability req uirement is a materia l term of the Agreement.

3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmenta l and Historic Preservation ("EHP") program . SUBRECIP IENT shall not initiate any project with the potential to impact environmenta l or historic propert ies or resources until Cal OES and FEMA have completed EHP rev iews and approved the project. Example s of projects that may impact EHP resources include: communicat ions towers, physical security enhancements, new construct ion, and modifications to buildings, structur es and objects that are 50 years old or greater. SUB REC IPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detail ed project informat ion to FEMA, Cal OES and/or the UAS I Management Tean1, to cooperate fully in the review, and to prepare any documents reque sted for the review. SUBREC lPIENT shall comply with all condit ions placed on the project as the result of the EHP review, and implement any treatment or mitigation measure s deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBREC IPIENT may use Grant Funds toward the costs of prepar ing document s and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for comp liance with EHP requir ements. If ground disturbing activit ies occur during project implementation , SUBRECIPIENT sha ll notify the UASI Management Team and ensure monitoring of ground distu rbance. If any potential archeo logical resources are discovered, SUB RECIPIENT shall immediately cease construction in that area and notify the UASI Management Team , which will notify the appropriate State Historic Preservat ion Office. If FY 22 UASI - SUBRECTPIENT Page 8 of20 September I, 2022 SUBREC IPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall comp lete its Federal Communication Commi ssion ("FCC") EHP process before prepar ing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission. (b) Any construction or other project that SUBRECIPIE NT initiates without the necessary EHP review and approval will not be eligib le for reimbur sement. Failure ofSUBRECIPI ENT to meet federa l, State, and local EHP requirement s, obtain applicable permits, or comply with any cond itions that may be placed on the project as the result ofFEMA 's and/or Cal OES' s EHP review will result in the denial of Reimbur sement Request s.

3.14 National Energy Conservation Policy and Energy Policy Acts. SUBREC IPIENT shall comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal building s perfotman ce and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act (42 USC §825 1 et seq.), or Subtit le A of Title I of the Energy Polic y Act of2005; and (b) Grant Funds may not be used in contrav ention of Section 303 of the Energy Policy Act of 1992 (42 USC §132 12).

3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty­ free, non-exclusiv e and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copy right in any work developed using Grant Funds; and (b) any rights of copyri ght that SUBRECIPIENT purchases or acquires using Grant Fund s. SUB REC IPIENT shall consult with the UASI Mana gement Team and FEMA regarding the alloca tion of any patent rights that arise from, or are purch ased with , Grant Funds.

3.16 Publication Statements. SUBRECIP IENT shall ensure that all publication s created or developed under this Agreement prominently contain the following statement: "This docume nt was prepared under a grant from the Federal Emergency Management Agenc ies Grant Programs Directorat e (FEMA/GPD) within the US Department of Homeland Secur ity. Points of view or opinion s expressed in this docum ent are those of the aut hors a nd do not necessari ly represent the officia l position or pol icies of FEMA/GPD or the US Department of Homeland Security."

3.17 Performance Period. SUBRECIP IENT shall ensure that hard copies of all reimburs ement requests and supporting documentation will be submitted to the UASI Manage ment Team postmarked no later than the Reimbur sement Claim Due Date identified in the Subrecipient Award Letter (Attaclunent A). Extension reque sts may be granted based on exte nuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (App endix D).

Requests must contain specific and compell ing justification s as to why an extens ion is required and must be submitt ed 30 days prior to the current deadline.

ARTICLE4
REPORTING REQUIREMENTS ; AUDIT S

4.1 Regular Reports. SUBREC IPIENT shall provide , in a prompt and timely manner, financial , operat ional and other reports , as requested by the UASI Management Team, in form and substance satisfactory to the UASI Management Team. Such reports , including any copies , shall be submitted on recyc led paper and printed on double-sided pages , to the maximum extent possib le.

4.2 Notification of Defaults or Changes in Circumstances. SUBREC IPIENT shall notify the UASI Management Team and City immediately of (a) any Even t of Default or event that, with the FY 22 UASI - SUBRECfPfENT Page 9 of20 September I, 2022 passage of time, would constitute an Event of Default; (b) any change of circumstances that would cause any of the representations or warranties contained in A1tic le 5 to be false or misleadi ng at any time durin g the term of this Agreement; and ( c) any change of circumstances or even ts that would cause SUBREC IPIENT to be out of compliance with the Grant Assurances in Appen dix B.

4.3 Books and Records. SUBRECIPIENT shall establish and maintain accurate files and records of all aspects of the Grant Plan and the matters funded in who le or in part with Grant Funds. Without limiting the scope of the foregoing, SUBRECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds rece ived and expended under this Agreement , together with all invoic es, docum ents , payrolls , time record s and other data related to the matters covered by this Agreement , whether funded in whole or in pait with Grant Funds. SUBRECIPIENT shal l maintain all of the files, records , books, invoice s, documents , payrolls and other data required to be maintained under this Section in a readily accessib le location and condition for a period of not less than three (3) years after expiration of this Agreement or unti l any fina l audit by Cal OES has been fully comp leted, whichever is later.

4.4 Inspection and Audit. SUBREC IPIENT shall make available to the UASI Management Team , and to UASI Management Team and City employees and authorized representative s, during regular business hours , all of the files , record s, books , invoices , documents , payro lls and other data required to be established and mainta ined by SUBRECIPIENT unde r Section 4.3, and allow access and the righ t to examine tho se items . SUBRECIPIENT shall perm it the UASI Management Team and City , and UASI Management Team and City employees and authorized repre sentatives , to inspect, audit, examine and make exce rpts and transcripts from any of the foregoing. The rights of the UASI Management Team and City pursuant to this Section shall remain in effect so long as SUBRECIPIENT has the obligation to maintain such files, record s, books, invoic es, document s, payroll s and other data under this Article 4. The DHS , the Comptroller General of the United States or designee, and Cal OES shall have the same insp ection and audit rights as the City and UASI Management Team. SUBREClPIENT shall coo perate with any federal or state audit.

4.5 Audit Report. If the amount spec ified in Section 3.2 of this agreement is $750 ,000 or more, SUBRECIPIENT shall submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with GAO's Government Auditing Standards, and 2 CFR Part 200 Subpart F - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. SUBRECIPIENT shall submit its aud it report to the UASI Management Team no later than six months after the end ofSUBRECIPIENT's fiscal year.

ARTICLE 5

REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT repre sen ts and warrants each of the follow ing as of the date of this Agreement and at all times throughout the term of this Agreement:

5.1 No Misstatements. No document furn ished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbur semen t Request or any other doc ument relating to any of the foregoing, contains or will contain any untrue stateme nt of material fact or om its or will omit a material fact necessai-y to make the statements contained therein not misleading, under the circumstances under wh ich any such stateme nt shal l have been made .

5.2 Eligibility to Receive Federal Funds. By executing this Agreement , SUBRECIPIENT ce1tifies that it is eligib le to receive federa l funds , and spec ificall y certifies as follows:

FY 22 UASI - SUBRECIPIENT Page IO of20 September I, 2022 (a) SUBRECIPIENT is not suspended, debarred or otherwise excluded from participatio n in federal assistance programs, as required by Executive Order 12549 and 12689, "Debarme nt and Suspension " and implemented at 2 CFR Part 3000.
(b) SUBRECIPIENT complies with 3 1 U.S.C. § 1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions, as implemented at 44 CFR Paii 18 and 6 CFR Part 9.
(c) SUBRECIPIENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 300 I, and will continue to provide a drug-free workplace as required under that Act and implementing regulations. (d) SUBRECIP IENT is not delinquent in the repayment of any federa l debt. See 0MB Circular A-129.

SUB RECIPIENT acknow ledges that these certifications of eligibility to receive federal funds are materia l tenn s of the Agreement.

5.3 NIMS Compliance. To be eligible to receive Grant Funds , SUBRECI PIENT must meet Nationa l Incident Management System ("NIMS") compliance requirements. By executing this Agreement, SUBREC IPIENT certifies that it is in full NIMS comp liance. SUBRECIPIENT acknowledges that this certification is a materi al term of the Agreement.

ARTICLE 6

INDEMNIFICATION AND GENERAL LIABILITY

6. 1 Indemnification. SUBREC[PIENT shall indemnify, protect, defend and hold harmless each of the lndemnified Paiiies from and against any and all Losses arising from, in connection with or caused by SUBREC IPIENT's performance of this Agreement , including, but not limited to, the fol lowing: (a) a material breach ofth is Agreement by SUBRECIPIENT; (b) a material breach of any representation or warranty of SUB RECIPIENT conta ined in this Agreement; (c) any persona l injury or death caused, directly or indirect ly, by any act or omiss ion ofSUBRECIPIENT or its employees or agents; (d) any loss of or damage to property caused , directl y or indirect ly, by any act or omission of SUBRECIPIENT or its employees or agents; (e) the use, misuse or failure of any equipment or facility used by SUBREC IPIENT , or by any of its emplo yees or agents, regardless of whet her such equipment or facility is furnished, rented or loaned to SUBREC IPIENT by an Indemn ified Party ; (f) any tax, fee, assessment or other chai·ge for which SUBRECIPIENT is responsib le under Section 10.4; or (g) any infringement of patent rights, copyr ight, trade secret or any other proprieta ry right or trademark of any person or entity in conseque nce of the use by any Indemnified Party of any goods or services furnished by SUB RECIPIENT or its employees or agents to such Indemnified Party in connection with this Agreement. The foregoing indemnity shall include, without limitation , reasonable fees of attorneys, consu ltants and experts and related costs and San Diego' s costs of investigating any claims against San Diego.

6.2 Duty to Defend; Notice of Loss . SUBRECIPIENT acknow ledges and agrees that its obligation to defend the Indemnified Parties under Section 6.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 6. 1, regardless of whether the allegatio ns asserted in connection with such Loss are or may be groundless, false or fraudu lent; and (c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemn ified Party and cont inues at all times thereafter. The Indemnified Party shall give SUB RECIP IENT prompt notice of any Loss under Section 6.1 and SUBRECIPIENT shall have the right to defend , settle and comprom ise any such Loss; provided, however, that the Indemn ified Party shall have the right to retain its own counsel at the expense of SUBREC IPIENT ifrepresentation of such FY 22 UASI - SUBREC lPlE NT Page 11 of20 September 1, 2022 Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECLPIENT. An Indemnified Party's failure to notify SUBRECIPIENT promptl y of any Loss shall not relieve SUB RECIPIENT of any liability to such Indemnified Party pursuant to Section 6. 1, unless such failur e materially impairs SUBRECIPlENT's ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written cons ent to settle or compromise any Loss if SUBRECIPlENT contends that such Indemnifi ed Party shares in liability with respect thereto.

6.3 Incidental and Consequential Damages. Loss es covered under this A1ticle 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts or omiss ions. Nothing in this Agreement shall constitute a waiver or limitation of any right s that any Indemnified Party may have under applicab le law with respect to such damages.

6.4 LIMITATION ON LIABILITY OF SAN DIEGO. CITY'S OBLIGATIONS UNDER THIS

AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED HEREUNDER. NOTWITHSTANDING ANY OTHER PROVISION

CONTAINED IN THIS AGREEMENT OR ANY OTHER DOCUMENT OR COMMUNICATION

RELATING TO THIS AGREEMENT , IN NO EVENT SHALL CITY BE LIABLE , REGARDLESS OF

WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL,

CONSEQUENTIAL, INDIRECT OR INCID ENT AL DAMAGES , INCLUDING LOST PROFITS ,

ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT , THE GRANT FUNDS, THE GRANT PLAN OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.

ARTICLE7
EVENTS OF DEFAULT AND REMEDIES; TERMINATION FOR CONVENIENCE

7. 1 Events of Default. The occun-ence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statem ent, re presentation , certification or warranty contained in this Agreement, in any Reimbur sement Reque st, or in any other document submitted to the UASI Management Team or to City under this Agreement is found by the UASI Management Team or by City to be false or misleading.
(b) Failure to Perform Other Covenants. SUBRECIPIENT fails to perform or breaches any provision or covenant of this Agreement to be performed or observed by SUBREC IPI ENT as and when performance or observance is due and such failure or breach continues for a period often (I 0) days after the date on which such performance or observance is due. (c) Failure to Comply with Applicab le Laws. SUBRECIPIENT fails to perform or breaches any of the terms or provisions of Article 12.
(d) Voluntary Insolvency. SUBRECIPIENT(i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filin g against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdi ction, (iii) makes an assignment for the benefit of its cred itors, (iv) consents to the appointment of a custodian , receiver, trustee or other officer with similar power s of SUBRECIPIENT or of any substan tial part of SUBRECIPIENT's property or (v) takes action for the purpose of any of the fore going. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT, a court or govern ment authority enters an order , and such order is not vacated within ten (10) days, (i) appointing a custodian, FY 22 UASI - SUBREC lPIE NT Page 12 of20 September 1, 2022 recei ver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part ofSUBRECJPIENT's property , (i i) constituting an orde r for reliefor approv ing a petition for relief or reorganization or arrangem ent or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissol ution, winding-up or liquida tion of SU BRECIPIENT.

7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Defau lt, City may do any of the following, individually or in combina tion with any other remedy :
(a) Termination. City may terminate this Agreement by giving a writte n term ination notice to SUBRECIPIENT and, on the date spec ified in such notice , this Agree ment shall tenni nate and all right s of SUBRECIPIENT hereunder shall be ext inguished. In the even t of such tennination , City will pay SUBRECIPIENT for Authorized Expendit ures in any Reimbursement Request that was subm itted and approved by the UASI Manage ment Team and by City prior to the date of terminatio n specified in such notice.
(b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder , regardless of whether SUBRECIPIENT has previously submitt ed a Reimbursement Request or whether the UAS I Mana gement Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbur sement Request. Any Gran t Funds withheld pursuant to this Sect ion and subse quently disbursed to SUBREC IPIENT after cure of app licable Eve nts of Default shall be disbursed without interest.
(c) Return of Grant Funds. City may demand the immediate return of any previous ly di sbursed Grant Funds that have been claimed or expended by SUBREC IPIENT in breach of the term s of th is Agreement, toget her with interes t thereon from the date of disbursement at the maximum rate permitted under appl icable law.

7.3 Termination for Convenience.
(a) City shall have the option , in its sole discretion , to terminate this Agreement , at any time during the term hereof, for convenience and withou t cause. City shall exerc ise this opt ion by giving SUBRECJP IENT written notice of termin ation. The notice shall specify the date on which termination shall becom e effec tive.
(b) Upon receipt of the notice , SUBRECIPIENT shall commence and perform , with d iligence, all actions necessary on the patt of SUB REC IPIENT to effect the term ination of this Agreement on the date spec ified by City and to minimi ze the liabi lity of SUBRECIP IENT and C ity to third parties as a resu lt of term ination. All such actions shall be subject to the prior approva l of the UAS I Management Team.
(c) Within 30 days after the specified termination date , SUBRECIPIENT shall sub mit to the UAS I Manageme nt Team an invo ice for all Autho rized Expe nses incurred through the termination date .

For Authorized Expenses incurred after receipt of the notice of term ination, City will on ly reimbur se SUBRECIP IENT if the Authorized Expenses rece ived prior approval from the UASI Management Team as specifi ed in subparagraph (b ).
(d) In no event shall City be liable for costs incurred by SUBRECIPIENT or any of its contractors after the term ination date specified by City. (e) City's payment obligation under this Section shall surv ive termination of this Agreement.

FY 22 UASJ - SUBRECTPTENT Page 13 of 20 September I, 2022

7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in comb inatio n with any other remedy available hereunde r or under applicab le laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at law or in equ ity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.

ARTICLE 8

ASSIGNMENTS

8.1 No Assignment by SUBRECIPIENT. SUBREC IPIENT shall not, either directl y or indirectly, assign, transfer, hypothecate , subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUB RECIPIENT hereunder without the prior written consent of the UASI Management Team. This Agreement shall not, nor shall any interest herein, be assignable as to the interest of SUBREC IPIENT involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of SUB RECIPIENT or a sale or transfer of substantially all of the asset s of S UBREC IPIENT shall be deemed an assignment for purpose s of this Agreement.

8.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 8.1 shall confer no rights on any person or entity and shall automat ically be null and void.

8.3 SUBRECIPIENT Retains Responsibility. SUBREC IPIENT shall in all events remain liable for the performance by any contractor , or assignee of all of the covenants, terms and cond itions in this Agreement.

ARTICLE9

NOTICES AND OTHER COMMUNICATIONS

9.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals , instructions, requests and other communications hereunder shall be in writing, shall be addressed to the person and address set forth below and shall be (a) depos ited in the U.S. mail, first class, certified with return receipt requested and with appropriate postag e, (b) hand delivered or (c) sent via facsimile (if a facsimile number is provided below):

Ifto City of San Diego Office of Emergency Services UASI Management Team:

San Diego Office of Emergency Services
9601 Ridgehaven Court, MS 110 IC
San Diego , CA 92123
Attn: Megan Beall, Program Manager
Facsim ile No.: (619) 533-6786
Ifto SUBRECIPIENT:

OFFICE City of Carlsbad
ADDRESS 2560 Orion Way
CITY, STATE , ZIP Carlsbad, CA 92010
ATTN Deborah Baird
FACSIM ILE 760-929-0256

9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effect ive on the date of receipt. Such date ofreceipt shall be determined by: (a) if mailed, the return receipt, FY 22 UASI - SUBRECIPIENT Page 14 of20 September 1, 2022 comp leted by the U.S. postal service; (b) if sent via hand delive ry, a receipt executed by a dul y author ized agent of the party to whom the notice was sent; or (c) if sent v ia facsim ile, the date of telephonic confirmation of receipt by a duly authorized agent of the party to whom the notice was sent or, if such confirmation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giv ing such not ice.

9.3 Change of Address. From time to time any party hereto may designate a new address or recipient for notice for purposes of this Article 9 by written notice to the other party and the UASJ Management Team.

ARTICLE 10

MISCELLANEOUS

10. 1 No Waiver. No waiver by San Diego of any default or breach of this Agreement shall be implied from any failure by the UASI Management Team or San Diego to take action on account of such default if suc h defau lt pers ists or is repeated. No express waiver by San Diego shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the exte nt therein stated.

Waivers by San Diego of any covenant, term or cond ition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condit ion. The consent or approva l by the UASI Management Team of any action requiring further consent or approval shall not be d eemed to waive or render unnece ssary the consent or approval to or of any subseq uent similar act.

I 0.2 Modification. This Agreement may not be mod ified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement; provided , however , that the Program Manager or des ignee may establish alternate procedur es for modi fi cation of the Grant Plan.

10.3 Governing Law; Venue . The formation , interpretation and performance of this Agreement shall be governed by the laws of the State of California , without regard to its conflict of laws princ iples. Venue for all litigation relative to the formation, interpretation and perfonnance of this Agreement shall be in San Diego.

10.4 SUBRECIPIENT to Pay All Taxes . SUBREC IPIENT shall pay to the approp riate governmental autho rity, as and when due, any and all taxes, fees, assessments or other gove rnmental charges, including possesso ry intere st taxes and California sales and use taxes, levied upon or in connection with this Agreement , the Grant Plan, the G rant Funds or any of the activ ities contemplated by this Agreement.

10.5 Headings. All article and sect ion headings and captions contained in this Agreement are for reference only and shall not be considered in constru ing this Agreement.

I 0.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Append ices are attached to and a part of this Agreement:
• Appendix A, SUBRECI PIENT Award Letter
• Appendix B, Grant Assurances
• Appendix C, Form of Reimbur sement Request
• Appendix D, Perfo rmance Period Extensio n Request
I 0. 7 Certified Resolution of Signa tory Authority. Upon request of San Diego , SUBREC IPlENT shall deliver to San Diego a copy of the corporate resolution( s) authorizing the execution, delivery and FY 22 UASI - SUB RECIPIENT Page 15 of20 September 1, 2022 performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.

10.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent juri sdict ion to be invalid or unenforceable , then (a) the validity ofother provisions of this Agreement shall not be affected or impaired thereby , and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shal l be reformed without further act ion by the parties to the extent necessary to make such provision valid and enforceable.

10.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 8, the tenns of this Agreement shall be binding upon, and inure to the benefit of, the part ies hereto and the ir successo rs and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity ( other than the parties hereto and their respective successors and assigns and, in the case of Article 6, the Indemnified Parties) any legal or equitab le right , remedy or claim under or in respect of this Agreement or any cove nants, condit ions or provisions contained herein.

10.10 Survival of Terms. The obligations of SUB RECIP IENT and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement: Sections 4.3 and 4.4, Article 6, this Article 10, and the Grant Assurances of Appendix B.

10.11 Further Assurances. From and after the date of this Agreement, SUBRECIPIENT agrees to do such things, perform such acts, and make , execute, acknowledge and deliver such documents as may be reasonably necessary or proper and usual to comp lete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.

10.12 Disclosure of Subawards and Executive Compensation. Pursuant to the Federal Funding Accountability and Transparency Act (FF AT A) (P.L. 109-282) as amended by Section 6202(a) of the Government Fund ing Transparency Act of2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federa l funds is now required. As defined by the Office of Management and Budget (0MB), all new Federal awards of $25,000 or more as of October 1, 2010, are subject to FFA TA reporting requirements. The Transparency Act definition of"Federa l awards" includes not only prime awards for grantees, cooperators, and contractors, but also awards to sub-recipients. If applicable , SUBREClPlENT must provide the following information on SUBRECIPIENT letterhead within 30 days of receipt of this Agreement.

10.13 1. The Total compensation and names of the top five executives if:
a) 80% or more of annual gross revenues are from Federa l awards ( contracts, sub-contracts and Federal financial assistance) , and $25,000,000 or more in annual gross revenues from Federal awards; and,
b) Compensation information i s not already available through reporting to the Securities and Exchange Commission.

Cooperation with UASI Programs and Activities.
(a) Subject to reasonab le terms and conditions , SUBREC lPI ENT agrees to partic ipate in DASI -sponsored exercises, and to make available equipment acq uired with Grant Fund s for use as part of such exercises.

FY 22 UAS[ - SUBRECIPIENT Page 16 of20 September I, 2022 (b) To the extent permitted by law, SUBRECIPIENT agrees to share with the Approval Authority infonnational work products (such as plans , reports , data, etc.) created or acqu ired using Grant Funds.
(c) To appropriately recognize the regional collaborative nature of grant funded planning projects , all gro ups, individual s and juri sd ictions w ho contr ibuted to and/or paiticipated in the planning process shall be properly and clearly acknowle dged in the fina l deliverable.

ARTICLE 11

INSURANCE

11.1 Types and Amounts of Cove rage . Without limiting SUBREC IPIENT's liability pursuant to A1ticle 6 of this Agreeme nt, SUBREC lPIENT shall maintain in force, during the full tenn of the Agreement , insurance in the following amou nts and coverages:
(a) Workers' Compensat ion, in statutory amou nts, with Employers' Liabi lity Limits not less than $1,000 ,000 each accident, injury, or illness; and (b) Commercial General Liability Insurance with limits not less than $ 1,000,000 each occu rrence Comb ined Single Limit for Bodily Injur y and Property Damage, including Contract ual Liabil ity, Personal Injury, Products and Completed Operations; and (c) Commercia l Automobi le Liabi lity Insura nce with limit s not less than $1,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned , Non­ Owned and Hired auto coverage, as appl icab le.

11.2 Additional Requirements for Genera l and Automobile Coverage. Comme rcial General Liabilit y and Commercia l Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additio nal Insured the City and County of San Diego , its Officer s, Agents, and Employees.
(b) That suc h policies are primary insurance to any other insurance available to the Additional Insureds , with respect to any claims arising out of this Agreement, and that insura nce applies separate ly to each insured against whom claim is made or suit is brought.

11.3 Additiona l Requirements Regarding Workers' Compensat ion. Regard ing Workers ' Compensation, SUBRECIPIENT hereby agrees to waive subro gat ion which any insurer of SUBREC IPIENT may acqu ire from SUBREC IPIENT by virtue of the payment of any loss.

SUBREC IPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers ' Compensat ion policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBREC IPIENT , its employ ees, agents and subcontra ctors.

11.4 Addit ional Requirements for All Policies. All policies shall prov ide thirty days' advance written notice to the City of reductio n or nomenewal of coverages or cancellation of coverages for any reason.

Notices shall be sent to the City address in A1ticle 9, Notices and Othe r Communications.

11.5 Req uired Post-Expiration Coverage. Should ai1y of the requ ired insurance be prov ided under a claims -made form , SUBRECIPIENT shall maintain such coverage cont inuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiratio n of th is Agreement , to the FY 22 UASl - SUBREClPlENT Page 17 of 20 September I, 2022 effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreemen t, such claims shall be covere d by such claims-made polic ies.

11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.

Should any of the requ ired i nsurance be provi ded und er a fonn of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defen se costs be included in such genera l annua l aggregate limit, such general annual aggregate limit shal l be double the occurrence or claims lim its spec ified above .

11.7 Lapse in Insurance. Should any requ ired insurance lapse during the tenn of this Agreement, requests for reimburs ement originating after such lapse may not be proce ssed, in the City's sole discretion , until the City receives satisfactory evidence of reinstated coverage as requ ired by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, ter min ate this Agreement effect ive on the date of such lapse of insurance.

11.8 Evidence of Insurance. Before commencing any operat ions or expending any Grant Funds under this Agree ment, SUBRECIPIENT shall furn ish to City certi ficates of insurance and add itional insured policy endorsements with insure rs with ratings comparable to A-, VIII or higher, that are a uthorized to do business in the State of California , and that are satisfactory to City, in form evidenc ing all coverages set fort h above. Failure to maintain insurance shall constitute a materia l breach of this Agreement.

11.9 Effect of Approval. Approval of the insura nce by City shall not relieve or decrease the liabi lity of SUBREC IPIENT hereunder.

11. 10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to comp lete any .portion of thi s Agreement, SUBREC fPlENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers , agents and emp loyees and the SUBRECI PIENT as addit ional insured s.

11.11 Authority to Self-In sure. Nothing in this Agreement shall preclude SUBRECIPIENT from self­ insuring all or pai1 of the insurance requ irement in this Artic le. However , SUBRECI PIENT sha ll prov ide proof of self-insurance, in a form acceptab le to San Diego, in the amounts of each line of self-in surance.

ARTICLE 12

COMPLIANCE

12.1 Nondiscrimination . In the performance of this Agreement, SUB RECIP IENT agrees not to discrimina te against any emp loyee, San Diego emp loyee working with SUBRECIPIENT, appl icant for empl oymen t with SUBREC IPIENT , or against any person seek ing accommodations, adva ntages, faci lities, privil eges, services, or membership in all business, socia l, or other estab lislunents or organizations, on the basis of the fact or perception of a person's race , color, creed, religion, national orig in, ances try, age, height , weight, sex, sexua l orientat ion, gender identity , domestic partner status, marital statu s, disabili ty o r Acqu ired Immun e Defi ciency Syndrome or HIV status (AIDS/ H IV status), or associat ion w ith members of such prot ected classes, or in retaliation for opposition to discr imination against such classes.

12.2 Conflict of Interest. Through its exec ution of this Agreement , SUBREC IPIENT acknowledges that it is fami liar wit h the prov isions of Sect ion 87100 et seq. and Sect ion I 090 et seq . of the Government Code of the State of Californ ia, and ce11ifies that it does not know of any facts wh ich constitu tes a violation of said provisions and agrees that it will immediate ly notify City if it becomes awa re of any such fact during the term of thi s Agreement. SUBREC JPIENT agrees that it will prompt ly notify City in FY 22 UASI - SUBRECIPIENT Page 18 of20 September I, 2022 writing of all violations of State or Federal crimina l law involv ing fraud , bribery, or gratuities affecting or involving the use of Grant Funds.

12.3 Compliance with ADA. SUBREC JPIENT ackno wledges that, pursuant to the ADA, program s, services and other activities prov ided by a public entity to the public, whether directly or through a grantee or contracto r, must be accessib le to the d isabled public. SUBREC IPIENT shall not discriminate against any person protecte d under the ADA in connect ion with all or any portion of the Gran t Plan and shall comply at all times with the provision s of the ADA.

12.4 Compliance with Assembly Bill 481 Assemb ly Bill 481 (AB-481), cod ified in California Government Code sect ions 7070 - 7075, requires law enforcement agencies to obtain approval of the app licab le govern ing body (Mayo r, C ity Council, Board of Supe rvisors, etc.) by adoption of a militar y equ ipment use policy , prior to acqu iring, seek ing fund ing for, continuing to use, or collaborating with anot her law enforcement agency in the use of military equi pment , as defined. AB-48 1 also requ ires publi cat ion ofa military equipment use procedure and the annua l military equ ipment report on the Agenc y's webs ite.

By accepting grant funds, SUBRECIPIENT acknowl edges and certifies comp liance with AB-48 1.

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FY 22 UASI - SUBREClPlENT Page 19 of 20 September 1, 2022 IN WITNESS WHEREOF, the pa,ties hereto have caused this Agreement to be duly executed as of the date first specified herein.

CITY OF SAN DIEGO:

By:
~ ~E

OFFICE OF EMERGENCY SERVICES
Approved as to Form:

Mara W. Elliott
City Attorney
By ~ eputyC i;:::y
FY 22 UASI - SUBRECIPlENT
SUB RECIPIENT:

By:

SUB RECIPIENT
Federal Tax ID#: 95 - 6004793

APPROVED AS TO FOAM
Cindie K. Mc:Mahon..City Attomey
Dr.~~~
City of Carlsbad. California
September I, 2022
Appendix A - SUBRECIPIENT Award Letter
SAtN DIEGO~
Office of Emergenc y Ser vices
April I I, 2023
Scott Chadw ick
City Manage r, City of Carls bad
1200 Carlsbad Village Dr
Carlsbad, CA 9200 8
SUBJE CT : NOTIFICAT ION OF SUBREClPJE NT AWA KJ) A PPROVAL FY 2022 Homeland Sec urity Grant Program
Grant # 202 2-0043 Cal OES ID# 073-66000
Subrccipienl Perfom,ance Period: September l, 2022 to December 15. 2024 Subrecipient:

The San Diego Office of Emergency Services (SD OES) has approve d your FY22 Urban Area Secur ity Initiative (UASL) award.

Activities:

All Proje cts
Project O 13 ARTJS - Live 91 I
Project 022 Goal J Trai11ing1
Amou nt:
$80,885
S8,285
S72,60 0
' T raining funds am limited 10 approved courses (see Attachme nt A).

Reimbursemen t Claim
Due Date:

Decem ber 15, 2024
December I 5, 2024
During the applicati on process, the Regional Teclrnology Pai1nership (RT P) vetted and the Urban Area Working Grou p (UA WG) approve d your projec t(s). Throu gho ut the grant cycle. SD OES will use performance milestones set in the Homeland Secur ity Gra nt Program (HSG P) applicati on as indicator s of performance and this info1111atio11 may he used in assessing furure competitiv e grant applica tions. A!I activities funded with this award must be compl eted within the subr ecipi enl performan ce period.

You are required to com ply with all applicable federal, state, and local env ironm ental and historic prese rvation (E HP) requirements. Additionally, Aviation /\\/ate rc raft requests, projects requiring EHP review, federal schedule and so le source procurem ent requests, regardle ss of doll ar amo unt, require prior approva l from SD OES and the Cal ifornia Governor 's Oflice of Emergency Se1vices (Cal O ES).

Subrecipients must obtain writte n approval for these activities prior to incurring any costs, in order to be reimburs ed for any re lated costs under this grant. Subrec ipients are requirc:d to obtain a pcrfo1mancc bond for any equipment item over $25 0,000 or any vehic le, aircraft, or wate rcraft that has been paid with HSGP fund s prior to receiving the final product (s). Performaoce bonds mu.st be s ubmined 10 your UASL Program Represent ative no later than the time ofre imbu rsemenl. Addi tiona lly. Cal OES pri or approval is required for all HSGP-funded noncompe titive proc urements of train ing, regardless of the dollar amoun t, per GMM 2017-01 -A.
960 I Ridgehovcn Court. MS 110\C
San Oiegc. CA 92123
FY 22 UASI - SUBRECIPIENT A - I Septe mber I , 2022
April 11, 2023

Following acceptance of this award, you mus! sign and retum the SD OES Memorand um of Understanding (MOU) as well as the Cal OES standard assura nces. Once your completed MOU and standard assurances are signed and received by our office , you may request reimbursement of eligible grant expend itmes.

Your agency must coor din ate wi th SD OES to prepare and submit qua1tcrly projections and milestone rep01ti ng via email so that SD O ES can compl y with the se m i-an nual BSIR reportin g for the durat ion of the grant period or until you complete all activities and the grant is fonnall y closed. Failure to submit required repo rts could result in grant reduction, suspension, or termin ation.

This gra nt is subject to all provisions of 2 CFR Part 200. Any fonds received in ex:cess of current needs, approved amounts, or those found owed ac; a result of a final review or audit , must be refunde d to SD OES within 30 clays upon receipt of an invoice from SD OES.

Your dated signature is required on this letter. Please sign and return the origina l to yo ur UASl Pro gram Rep rese ntat ive at 960[ Rid gehave n Court , Sa n Diego CA 92 123 within 20 days of receipt and keep a copy for your file s.

For further assistance , please feel free to cont:act you r SD OES UAS l Program Re pr esen ta tive at (619) 533-6758 .

Sincere ly,
~r~-A'----
Program Manag er
City of San Diego Office of Emergency Services
Scott C a ,,,·1c Date
City Manager, City of Carlsbad
FY 22 UASI - SUBREC IPIENT A-2 September I, 2022
Appendix A SUBRECJPIE NT Award Letter
City of San Diego Office of Homeland Security
tH;IWI ii4=i"'' ;uliJi4~MJi ;a - L..:0:.:6:.:./0=2::l:.:2:.:0:.:2:.:3:_ ___ l[,,lltl~fl11:i.$1.1.1111iui11.U1.11i1-F_Y_ 2_2_u_A_S_I ---
Federal Gran t# 2022-0043 Ca IO ES# 073-66000 Amendment# 1 ---- Project# 013 UEI# LR6NGYMWXXJ5 Final Claim Due Date 1211512024 ----
This amendment is behveen the City of San Diego Office of Homeland Security, hearafter called OHS, and the Grant Subrecip ient: City of Carlsbad
Decrease Project 013 - ARJIS Live 911 $8,285. The new project 013 total is $0 Subrecipient (Cert ification and Signature of Authorized Agent) Date
(
Address
Mail Original Signed form to OHS: 9601 Ridgebaven Court, MS llOIC, Sao Diego, CA 92123 For OHS use only
I hearby certify upon my own personal knowledge that budgeted funds are availab le for the period and purpose of the A-3
CalOES

GOVERNOR' S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federa l Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Pai1200 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 in support 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 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, govern ing board, or authorized body; (c) Grant funds sha ll not be used to supplant expenditures controlled by the city council, governing board, or authorized body;

CalOES
OOV£RHOR"S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
(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 sufficie nt to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in thi s application; and (e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily avai lab le upon request.

2. Period of Performance
The period of performance is specified in the A ward. The Applica nt is only authorized to perform allowable activit ies approved under the awa rd, within the period ofperfonnance.

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 contrac t, grant, loan, or cooperative agreement from an agency or requests or receive s from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated fund s have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influen ce 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, continu ation, renewal , amendment, or modification of any federal contract, grant, loan, or coope rative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influenc ing 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 cooperat ive agreement, the undersigned shall complete and submit Standa rd Form-LLL, "Disclosure Form to Report Lobbying", in accordance w ith 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 subcontract s, subgrants, and contracts under grants, loans, and cooperat ive agreements) and that all subrecipients shall certify and disclose accordingly.

CalOES

GOVERNOR 'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro!!rams
The A pplicant will also comp ly with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) which limit the politica l activities of employees whose principa l employmen t activities are funde d in who le o r in part with federa l funds.

Finally, the Applicant agrees that federal fund s will not be used, directly or indirectly, to support the enactme nt, repeal , modifi cation 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 age ncy.

4. Debarment and Suspension
As required by Execut ive Orders 12549 and 12689, and 2 C.F.R. § 200 .214 and codified in 2 C.F.R. Pait 180, Debarment and Suspension , the Applicant will provide protection against waste, fraud , and abuse by debarring or suspending those persons deemed irresponsib le in their dealings with the federal gove rnment. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarr ed, suspended, proposed for debarm ent, declared ineligible, or volunt arily excluded from covered tran sactions by any federa l departm ent 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 comm ission of fraud or a crimin al 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 stat utes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false state ments, or receiving stolen property;
(c) Are not presently indicted for or other w ise crimi nally or civilly charged by a governmental entit y (federal, state, or local) w ith commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and
(d) Have not within a three-year period prec eding this application had one or more publ ic tran saction (federal, stat e, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the stateme nts in this certi fication , he or she shall attach an explanation to this app lication.

5. Non-Discrimination and Equal Employment Opportunity
The App licant will comp ly with all state and fed eral statu tes relating to non- d iscrimination, including:

'
CalOES

GOVERNOR 'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
(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), w hich 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 prohibit s 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 proh ibits 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 nondi scriminati on in the sale, rental or financin g 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 requir ement that new multifamily housing with four or more dwelling unit s- i.e., the public and common use areas and individual apartment unit s (all unit s 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, w hich prohibits federal contractors and federally assisted construction contractors and subcontrac tors, 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 employme nt in both the Unit ed 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;

CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
(k) DHS policy to ensure the equal treatment offaith-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 stat ute(s) under which application for federal assistance is being made; and
(n) The requirement s of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workp lace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug -free workplace and a drug-free awareness program as outlined in the Act.

7. Environmenta l Standards
The Applicant will comply with state and federa l environmenta l standard s, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000 -21177), to include coordinat ion 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 estab lishes the basic structure for regulating discharges of pollutants into the wate rs of the United State s and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationa ry and mobile sources;

CalOES

GOVERNOR 'S OFFICE

OF' EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
(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 Implementin g 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 offlood 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 ofwetlands; (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 ofFederal 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)W ild 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 river s system.

The Applicant shall not be: I) in violation of any order or resolution promu lgated by the State Air Resources Board or an air pollution district ; 2) subject to a cease and desist ord er pursuant to § 1330 I of the California Water Code for violation of waste discharge requirement s or discharge prohi bition s; or 3) determ ined to be in violation of federa l law relatin g to air or water pollution .

CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Fede ral Non-Disaster Grant Pro!!rams

8. Audits
For subrecipient s expending $75 0,000 or more in federa l grant funds ann ually, the App licant will perform the requir ed financial and comp liance audits in acco rdance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Feder al Regulations, Part 200, Subpai1 F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compl iance reviews or invest igations conduc ted by OHS. In accord ance with 2 C.F.R. § 200.337, the Appl icant will give the awardin g age ncy, the Comptro ller Genera l of the United States and, if a ppropri ate, the state, through any authori zed represen tative, access to and the right to examine all records , books, papers, or documents related to the award. The Applicant will req uire any subrecip ient s, cont ractors, successors , transferees and assignees to acknow ledge and agree to comply with this provision .

10. Conflict of Interest
The A pplicant will establish safeg uards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organ izational con flict of interest, or persona l gain.

11. Financial Management
False Claims for Payment - The App licant wi ll comply with 31 U.S .C §§ 3729 -3733 whic h provides that Applic ant shall not subm it a false claim fo r payment , reimbursem ent, or advance .

12. Reporting - Accountability
The Applicant agrees to comply w ith appli cable provi sions of the Federal Fundi ng Acco untabi lity and Transparency Act (FF ATA) (P.L. 109-282), including but not limited to (a) the reporting of subawa rds obligating $30,000 or more in federal funds, and (b) execut ive compensation data for first-tie r subawards as set forth in 2 C.F.R. Pa11 170, Appendix A. The Appli cant also agrees to comply with the requi rements set forth in the government-wide financial ass istance award tenn regarding the System for Award Managemen t and Universa l Identifi er Requi rements located at 2 C.F.R. Part 25, Appen dix A.

13. Whist leblower Protections
The App licant must comp ly with stat utory requi rements for wbistleb lower protections at 10 U.S.C. § 2409, 4 1 U.S.C. § 47 12, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 43 10.

CalOES
GOV£RNOR 'S OFFICE
OF EWER6ENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Proerams

14. Human Trafficking
The 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 prohibit s the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the awar d is in effect; (2) procuring a commercial sex act during the period of time that the award is in effec t; or (3) using forced labor in the performance of the award or subaward s und er the award.

15. Labor Standards
The Applicant will comply with the following federal labo r standar ds:
(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 emplo yer to be insured to protect workers who may be injured on the job at all time s during the performance of the work of this Agreement, as per the workers compe nsation laws set forth in Cal iforni a 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 ofTitles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-a ssisted 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 Sect ion 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federa l award subrecipients in a special flood hazard area to participate in the program and to purchase flood insuran ce if the total cost of insurable construction and acquisition is $10,000 or more;

CalOES

GOVERNOR'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams
(c) Assist the award ing 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 Archaeo logical 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 rehab ilit ation 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. Wil l record the federal award ing agency directives and will include a covenant in the title of real property acquired in whole or in part w ith federa l assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to t he 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 awardi ng agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehi cle Code sections 23 123 and 23123.5. These laws prohibi t drivin g motor vehicl e whil e using an electronic w ireless communi cations device to write, send, or read a text-based communica tion. Driver s are also prohibit ed from the use of a wireless telephone withou t hands-free listening and talking, unless to make an emergency call to 911 , law enforcement, or simil ar services.

CalOES

GOVERN OR'S OFFICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program , or provided in the course of an entity's grant management activities that are under Federa l contro l, is subject to the Freedom of Infonnation Act (FOIA) , 5 U.S .C. § 552, and the California Public Records Act , Cal iforni a Government Code sect ion 6250 et seq. The Applicant should consider these laws and consu lt its own State and local laws and regulations regarding the release of inform atio n when repotting sensitive matters in the grant appl ication, needs assessment, and strategic plam1ing process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) - PROGRAM

SPECIFIC ASSURANCES/ CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements , press releas es, requests for proposals, bid invitations, and other documents describ ing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activit ies carried on outside the United States are coordinated as necessary w ith appropr iate government authorities and that appropriate licenses, permits , or approva ls are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable infonnation (PII) as any information that permits the identity of an individual to be directly or indirectly inferred , including any information that is linked or linkable to that ind ividua l. If the Applicant collectsP II, the Applicant is required to have a publicly-avai lable privacy policy that descr ibes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a u seful resource.

24. Copyright
The App licant must affix the applicable copyri ght not ices of 17 U.S.C. §§ 40 l or 402 and an acknowledgement of U.S. Govermnent sponsorship (includ ing the award number) to any work first produced under federal financial assistance award s.

CalOES
GOVERNOR'S OF:F:IC£
Of EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams

25. Duplication of Benefits
Any cost allocable to a particular federal financia l assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financia l assistance awards to overcom e fund deficiencies , to avoid restrictions impo sed by federal
statutes, regulations, or federal financial ass istance award terms and conditions , or for other reasons. However , these prohibit ions would not prec lude the Applicant from shifting costs that are allowable under two or more award s in accordance with existing federal statutes, regu lations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non -delinqu ent in its repayment of any federa l debt. Examp les of relevant debt include delinquent payroll and other taxes , audit disallowances, and benefit overpayments. See 0MB Circular A-129.

28. Fly America Act of 1974
The Applicant must comp ly w ith Preference for U.S. Flag Air Carrier s: (air carrie rs holding certi ficates under 49 U.S.C. § 41102) for internation al air transportation of peop le and property to the extent that such serv ice is avai lable , in accordance with the International Air Transportation Fair Competitive Pract ices Act of 1974 ( 49 U.S.C. § 40 118) and the interpretative guide lines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroll er General Decision B- 138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Appl icant must ensure that all conference, me eting, conventio n, or training space funded in whole or in part with federa l funds comp lies with the fire prevention and control g uidelines of the Federa l Fire Prevent ion and Control Act of 1974, as amended , 15 U.S.C. § 2225a .

CalOES

GOVERNOR 'S OFFICE

OF EME RGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro1?:rams

30. Non-supplanting Requirement
If the Applicant receives federal financial ass istance awards made under programs that proh ibit supp lanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose throu gh non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the App licant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended , and cod ified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governi ng the development , reporting , and disposition of rights to invent ions and patents resulti ng from financial ass istance awards located at 37 C.F.R. Pati 40 1 and the standard patent rights clause located at 37 C.F.R. § 40l.l4.

32. SAFECOM
If the Applicant receives federa l financial assistance awards made under programs that provide emergency commun ication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperab le communications.

33. Terrorist Financing
The Applicant must comp ly with Executive Order 13224 and U.S. law that prohib it transactions with, and the provisions of resources and support to, individuals and organizat ions associated with terrorism. The Applicant is legally responsible for ensur ing compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the App licant's currently active grants , cooperat ive agreements , and procurement contracts from all federa l assistance offices exceeds $10,000,000 for any period of time during the period of perform ance of this federal financial assistance award , the App licant must comply wit h the requirements set fo1ih in the government-wide A ward Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of whic h is incorporated here by reference in the award terms and conditions.

CalOES
GOVERNOR 'S Ol'FICE

OF EMERGENCY SERVICES
FY2022 HSGP Standard Assurances
For Cal OES Federal Non-Disaster Grant Pro2:rams

35. USA Patriot Act of2001
The Applicant must comply with requirements of the Uniting and Strengthe ning America by Providing Appropriate Tools Requir ed to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ l 75- l 75c.

36. Use ofDHS Seal, Logo, and Flags
The Appl icant must obtain permission from their DHS Financial Assistance Office, prior to using the OH S 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 Biann ual Strategy Implem entation Report submission requ irements outlined in the Preparedne ss Grants Manual, the Applicant must demonstrate how the gra nt-funded project addresses the core capability gap assoc iated with eac h proj ect and identified in the Threat and Hazard Identifica tion and Risk Analysis or Stakeholder Prepared ness Rev iew or sustains existing capa bilities, as applicab le. The capab ility gap reduction or capabi lity sustainment m ust be addressed in the Project Descript ion of the BSIR for each project.

38. Applicability ofDHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Condi tions are a restatement of general requi rements imposed upon the Appl icant and flow down to any of its subrecipi ents as a matter of law, regulation, or execut ive order. If the requirement does not apply to Indian tribes or there is a federa l law or regu lation exempt ing its application to Indian tribes, then the acceptance by Tribes of, or acqu iesce nce to, DHS Standard Terms and Condit ions does not change or alter its inapplicabi lity to an Indian tribe. The execution of grant document s is not intended to change, alter, amend, or impose additiona l liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The A pplicant must comply with the " Build America , Buy Ame rica" Act (BABAA) , enacted as part of the Infrastructure Investment and Jobs Act and Executive Orde r 14005. Applicants receiving a federa l award subjec t to BABAA requirements may not use federal fina ncia l assistance funds for infrastructure projects unless :

CalOES

GOVERNOR'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 on ly applies to at1icles , materials, and suppl ies that are consumed in, incorporate d into, or affixed to an infrastructure project. It does not apply to tools, equipmen t, and supplies, such as temporary scaffolding, brou ght to the construction site and removed at or before the comp letion of the infrastructure project. Nor does a Buy Ame rica preference apply to equipment and furnishings , such as movable chairs, desks , and p011able computer equipment , that are used at or within the finished infrastructure project but are not an integral part of the structu re or permanently affixed to the infrastructure project.

Per sect ion 709 14(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 Genera l 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 requ irements unless another waiver is requested and approved.

CalOES

OOVEA'NOR'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 federa l and state financial assistance, including any and all federa l and state grants, loans, reimbursement, contracts, etc. Appl icant recogn izes and agrees that state financial assistance will be extended based on the representation s made in these assurances. These assura nces are binding on Applicant, its successors, transferees , assignees , etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspens ion, termination , or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and availab le for Cal OES or public scrutiny upon request. Fai lure to com ply with these requirements may result in suspens ion of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: ( I) has made false certification, or (2) vio lates the certification by failing to carry out the requirements as noted above.

All of the language conta ined within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Depa1tment of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication /fy l 5-dhs­ standard-terms-and-condition s.

The undersigned represents that he/s
Applican t.

Title: City Manager
thorized to enter into this agreement for and on behalf of the Date: fS3:>tJ.2.~

APPROVED AS TO FORM
Cindie K. McMahon, City Attorney
~~ ~ ~~4-J-4,4 --
Assistan eputy City Attorney
City of Carlsbad, California

APPENDIX C - REIMBURSEMENT REQUEST FORMS
City of San Diego Office of Emergency Services
FY22 Urban Area Security Initiative Grant
Grant: FY22 UASI Grant #2022-0043
CalOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
Cash Request# through
------------ ------------(Performance Period Start Date) (Performance Period End Date) Cash Request Amount
------
Unique Entity ID (UEI)#
Under Penalty of Pe,jury I certify that:

The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBREC IPIENT for Authorized Expend itures, which expenditures are set fo1th on the attached Cover Sheet, to which are attached true and correct copies of all required documentation of such expenditures .

After giving effect to the disbursement requested pursuant to this Reimbursement Request, the Funds disbursed as of the date of this disbursement will not exceed the maximwn amount set forth in Appendix A of this agreement for specific projects and programs.

The representatio ns, warranties and certificat ions made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUBREC IPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Futhermore, by signing this report, SUBRECIPIENT ce,tifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditure s, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and cond itions of the federa l award. SUBRECIPIENT is aware that any false, fictitious or fraudelent information or the omission of any material fact, may subject SUBRECIP IENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise.

No Event or Default has occwTed and is continuing.

The under signed is an officer of SUB RECIPIENT authorized to execute this Reimbursement Request on behalf of SUBRECIPIENT.

Printed Name:

Title:

Mailing Address:

Remittance Address:

Signat ure
Mail Reimbursement Request To:

City of San Diego Office of Emergency Services
Grants Management Section
960 I Ridgehaven Ct, MS 11 01 C
San Diego , CA 92123
Phone Number:

Email Address:

Date:

Cover Sheet (Invoice)
Office of Emergency Services
FY22 Urban Area Security Initiative Grant Program
Award #2022-0043
CalOES ID #073-66000 CFDA #97.067
Reimbursement Request (Invoice)#
Mail Reim bursement Request To: Date:

Agency : City of San Diego
-----------Office of Emerge ncy Serv ices
Attn: Grants Management Section
960 1 Ridge haven Ct, MS 1101 C
San Diego, CA 92 123
Expend iture Period:

Type of Expenditure
Equipme nt
Traini ng
Plann ing
Organization
Exercise
Total
Unique Entity ID (UEI):
-----------
--------------------
Project# Reimbursement Requested
$ -
For questions regarding this reimbursement request contact Name
Pho ne
Emai l
Remittance Address (Address check will be mailed to)
Office of Emergency Serv ices
F'Y22 Urban Area Security Initiati ve Grant Program
Train ing/Exerci se Costs Deta il \Vork sheet
Jurisdiction:
----------------------- Expenditure Period.~::=:=:=:=:=:==:=:=- ------__________________________________________ _ _ ,,_ ate.~ Gra nt: FY22 UAS I Grant #2022-0043
CalOES #073-66000 CFDA #97.067
Delivery (Tuition
Course / Registration /
l\1a1crials)
Tota l s -
Overtime&
Backfill
s -
Trave1 (Minus
Tuition I
Registration / Total
1u,..,. :.,_11(\
$ -
$ -
$ -
s -
s -
$ -
s -
s -
s - s -
Attendee Breakdown by Discipline
EMA EMS FS GA HZ LE PH PSC PW To1a l
0 0 0 0 0 0 0 0 0
NOTE: 0. T. fringe benefits are limited to FICA, Worker's Compe11satio11 mu/ Unemploymen t Compensation. Each j11ris1/ictio11 must ensure that reimbursement requests do not include any other 0. T. fringe benefit expenditures . Other fringe benefit costs must be absorbetl by the jurisdiction. 0 0
0 0
0 0
0 0
0 Granl: FY22 UASI Grant #2022-0043
CalOES #073-66000 C FDA #97.067
Ctih Rcq ucst #
Projecl Coo.suiting Firm Nwnbcr Project & Description of Services Office of Emergency Sen·ices
FY22 Urban Arca Securi ty lnititi\ ·c G rant Program

CONSULTANT / CONTRACTO R
Delh·cniblc Discipline SolutKJn Arca Expenditure
Category
through
(Pflfonnua- Pf,riod Stare Daw) (Pmunaantt ~ ~ Daw)
Billable Bour Brukd own
To"1Sala<y& Tow Period of Bcoefits Hourly/Billing Tolal Projcci Charged to Expcndilute Cl\MgcdforthiJ Rate How-s Grant
Reporting
Period
s
s
s
s
s
s s s
s
s
s
s
s s
s
s
s
s
s
s s
Offirc or Emcrgcnc~· Scn ·ices
FY22 Urban Area Secu rity lnit itive Gran l Program

PERSONNEL
Grant : FY22 UASI Grant #2022--00.fJ
CaJOES #073-66000 CFDA #97.067
Ctih RcquCSI # =~~~~~~-~ through
OU Pmod or E~ture Start Dor:. (0.. Period of l?:tptndiNN' End Datt) Billable Bour Brttkdo wa
Total Sabuy &
Project Employee: Name Projca/Dclivcrabl c Discipline SolutionAn:a Period of -~ Ch·CJtimc Total Projea Tot31 Chruged
Numbe,- Backfilling For Expen<titun: Charged for this Hourty Rate to Gram Reporting Ra!• Hows
Period
s s
s
s
s s s
s
s
s
s
s s
s
s
s s
s
s
s
s
s s
s
s
s
s
s s
s
s
s
s
s
s
s
s
s
s
s
s s

APPEND IX D - PERFORMANCE PERIOD EXTENS ION REQUEST
UASI FY22 PERFORMANCE PERIOD EXTENSION REQUEST
City of San Diego Office of Homeland Security

PERFORMANCE PERIOD EXTENSION REQUEST
Subrecipient Name: ___________________________ _
UASI FY: ---=22=--=UA:....:.=Sl"-------------------------- Project:

Project Title:

Total Amount Allocated:

Amount Expended:

Original Performance Period Deadline:

Requested New Performance Period Deadlin e (final reimbursement claim due on this date):

1. Describe the details of the project:

2. What is the current status of the project?

3. Please provide a timeline as to how you will meet the new requested date:

4. How have you analyzed your errors in the initial timeline? What are the reasons why the project is late?

5. How have you improved your planning and project management process to avoid future delays if this request is granted? What plans and documentation do you have in place to guarantee the requested deadline will be met?

6. List and describe all equipment with costs and AEL #s:

Equ ipment & Descript ion Cost AEL
number
PROJECT#- -:

TOTAL
PROJECT#--:

TOTAL
FY22 UASI Performance Period Extension Request
UAS I FY22 PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT#--:

TOTAL
PROJECT #--:

TOTAL
PROJECT#--:

TOTAL
PROJECT#--:

TOTAL
All Investments TOT AL
FY22 UASI Performance Period Extension Request
The City of
SAN
DIEGO],
Jurisdiction : City of Carlsbad
Office of Emergency Services
Signature Authorization Form
FY 2022 Homeland Security Grant Programs
Date Signed: 15::s\:), •. l.'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 I E-MAIL ADDRESS
NUMBER
442-339-2240 I deborah.baird @carlsbadca.gov
442-339-2135 I jennifer.marinov @carlsbadca.go v
442-339-2141 I michael.calderwood @carlsbadca.gov
442-339-5054 I amanda [email protected]
mickey.williams @carlsbadca.go v
This form supersedes ~11 otpers for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this form will not be processed.

Scott Chadwick 442- 339-2821
nd Signature Phone No.

Mail form to City of San Diego, Office of Emergency Services, 9601 Ridgeha ven Ct, MS 1101 C, San Diego, CA 92123 Or Email to rcoleman @sandiego .gov