RESOLUTION NO. 2024-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING $65,764 IN GRANT FUNDS FOR THE FISCAL YEAR 2023 STATE HOMELAND SECURITY PROGRAM, AUTHORIZING THE CITY
MANAGER TO EXECUTE REQUIRED STANDARD ASSURANCES, AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE FUNDS
TO THE PUBLIC SAFETY GRANTS SPECIAL REVENUE FUND FOR PROGRAM
EXPENSES
WHEREAS, the State Homeland Security Program supports state, local, tribal and territorial efforts to prevent terrorism and other catastrophic events; and WHEREAS, the City of Carlsbad was invited to participate in the Fiscal Year 2023 State Homeland Security Program; and
WHEREAS, the City of Carlsbad was awarded $65,764 in State Homeland Security Program grant funds to purchase equipment for the Fire and Police departments; and WHEREAS, the City Council for the City of Carlsbad, California, desires to authorize the City Manager to take all necessary action to accept, appropr iate, and expend said grant funds and to make the findings required by the terms of the grant program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Manager is hereby authorized and directed to accept the award from the State Homeland Security Program for receipt of the subject grant funds, and to prepare and subm it any reports and final statements required by standard assurances.
3. That the City Manager, or designee, is author ized to execute standard assurances with the County of San Diego Office of Emergency Services for the distribution of Fiscal Year 2023 State Homeland Security Program grant funds (Attachment A).
4. That the City Manager, or designee, is authorized to accept additional grant funding from the Fiscal Year 2023 State Homeland Security Program, if awarded.
5. That the City Manager, or designee, is authorized to appropriate $65,764 to the Public Safety Grants Special Revenue Fund for the Fiscal Year 2023 State Homeland Security Program.
6. That the expenditures specified are authorized in compliance with the grant.
7. That the City Council of the City of Carlsbad hereby provides its written authorization in support of the grant program project and agrees:
a. To provide all matching fund s required for the grant project and that any cash match will be appropriated as required ;
b. Any liability arising out of the performance of thi s agreement shall be the responsibility of the City and the City Council;
.c. Grant fund s shall not be used to supplant expenditure s controlled by the City Council;
d. The City is authorized by the City Council to apply for federal assistance, and the institutional, managerial , and financial capability (including funds sufficient to pay to non-federal share of the project costs, if any) to ensure proper planning , managem ent, and completion of the project described in thi s applicat ion; and e. Official executi.ng 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 th e 30th day of :!..l:!!Y, 2024, by the following vote , to wit :
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Attachment A
CalOES
OOVERNOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs·
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capab ility (includ ing funds sufficien t t o pay any non-federal share of project cost} to ensure prope r 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) Applicab le Federa l Regulations (see below};
(b) Federal Program Notice of Funding Opportunity (NOFO}; (c) Federal Prepared ness Grants Manual;
(d) California Suppleme nt to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost princip les, uniform administrative requirements , and audi t requirements for federa l grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.}. Updates are issued by the Office of Management and Budget (0MB} and can be fou nd at http:/ /www .whitehouse.gov/omb/.
In the even t Cal OES determines that changes are necessary to the subaward after a subawa rd has been made , including changes to period of performance or terms and conditions, Applicants will be notified of the c hanges in writing. Once notifica tion has been made , any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city counc il, governing board , or authorized body in support of this projec t. This writt en authori zation must specify that the Applicant and the city council , govern ing board, or authorized body agree:
CalOES
OOYEANOlt ' S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) To prov ide all matching funds required for the gran t project and that any cash match will be appropriated as requ ired;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the App lican t and the city council, governing board, or authorized body;
• (c) Grant funds shall not be used to supplant expendi tures controlled by the city council, governing board, or authorized body;
(d) The Applican t is autho rized by the city counci l, governing board, or author ized body to apply for federal assistance, and the institutio nal, manage rial and financia l capabili ty (including fund s sufficient to pay the non-federal share of project cost, if any) to ensure proper plan ning, management and completio n of the project described in this application; and
(e) The official executing this agree ment is authorized by the App licant.
This Proof of Authority must be maintained on file and readi ly available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorize d to perform allowable activities approved und er the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United Stat es Code (U.S.C.), for persons entering into a con tract, grant, loan, or coope rative agreement from an agency or reques ts or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that :
(a) No federal appropriated funds have been paid or will be paid , by or on beha lf of the undersigned , to any person for influencing or attempting to influence an officer or emp loyee of an agency, a Member of Congress, an officer or emp loyee of Cong ress, or an employee of a Membe r of Congress in connection with the awarding of any Federal contrac t, the making of any federal gra nt, the making of any federa l loan, the entering into of any cooperative agreeme nt, and the extension, con tinuat ion, renewal , amendment, or mod ification of any federa l contrac t, gra nt, loan, or cooperative agreement .
O
CalOES
OOYERNOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non- Disaster Grant Programs
. .
(b) If any funds other than federa l appropriated funds have been paid or will be paid to any person for influencing or attempt ing to influence an officer or employee of any age ncy, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec tion with this federal cont ract, grant, loan , or coopera tive agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Forn:1 to Repo"rt Lobby ing," in accordance with its instructions. . ••
(c) The Applicant sholl require that the language of this certification be in~luded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipie nts shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and§§ 7324-7328) which limit the polit ical activities of employees whose principle employment activit ies are fund ed in whole or in part with federal funds.
Finally, the Applicant agrees that federa l funds will not be used, directly or indirectly , to support the enactment, repeal, modification or adoption of any law, regulati on or poli cy without the express written approval from the California Governo r's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste , fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government . The Applicant certifies that it and its subrec ipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible , or voluntarily excluded from covered transact ions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connect ion with obta ining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records , making false statemen ts, or rece iving stolen property;
CalOES
OOYEIINOlt'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
• (c) Are not presen tly indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certificat ion; and (d) Have not w ithin a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to ony of the statements in this certification, he or she shall attach an exp lanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The App licant will comp ly with all state and federa l statutes relating to non discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendme nts of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educa tional program or activ ity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disabil ity and requires buildings and structures be accessib le 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 nond iscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Deve lopment at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and indiv idual apartment units (all units in buildings with elevators and ground-floor units in build ings without elevators)-
O
CalOES
OOVERHOll 'S OFFICE
OF EMEHEHC Y SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessib le features (See 24 C.F.R. § 100.201 ); .
(h) Executive Order 11246, which prohib its federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race , color , religion, sex, sexual orientation, gender identificatiqn or nat_ional origin;
(i) Exect.Jtive Order 11375', which bans discrimination on the basis of race, color , religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (OHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.
Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940-12957), as applicable. FEHA prohibits harassment and discriminati on 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, menta l and physical disability, genetic information , medical condition , age, pregnancy, denial of medical and family care leave, or pregnancy disability leave , military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories , or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nond iscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
CalOES
OOVEIINOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Qua lity _Act (CEQA) (California Pub!ic Resources Code §§ 21000-21177), to include coordina tion with the city or county plann ing • agency;
(b) CEQA Guide lines (California Code of Regulat ions, Title 14, Division 6, <:;:hapter 3, §§ 15000-15387); •
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the bdsic structu re for regula ting discharges of pollutants into the wate rs of the United States and regulating quality standards for surface w aters; (d) Federa l Clea n Air Act of 1955 (42 U.S.C. § 7 401) which regula tes air emissions from stationary and mobile sources;
(e) Institution of environmental qua lity con trol measures under the Nationa l Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environme ntal Qua lity Regulations for Implementing the Proced ural 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 goa l of achieving environmental protectio n for all communit ies;
(f) Evaluation of flood hazards in floodp lains in accorda nce with Executive Order 11988;
(g) Executive Order 11 514 which sets forth nationa l envi ronmental standards; (h) Executive Order 11738 institut ed to assure that eac h federal age ncy empowered to enter into con tracts for the procurement of goods, materials, or services and each federa l agency empowe red to extend federa l assistance by way of grant, loan, or contrac t shall undertake such procuremen t and assistance activities in a manne r that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Exec utive Order 11990 which requires preserva tion of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of projec t consistency with the approved state managemen t program deve loped under the Coastal Zone Manage ment Act of 1972 ( 16 U.S.C. §§ 1451 et seq.);
(I) Conformi ty of Federal Actions to State (Clear Air) Implementa tion Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
O
CalOES
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(m)Wild and Scenic Rivers Act of 1968 ( 16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Appl icant shall not be: ( 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; (2) subject to a cease-and desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibit ions; or (3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $750,000 or more in federal grant fund s annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must coopera te with any compliance reviews or investiga tions conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative , access to and the right to examine all records, books, papers , or documents related to the award. The Applicant will require any subrecipients , contract ors, successors, transferees and assignees to acknowledge and agree to comp ly with this provision.
1 o. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that cons titut es or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement , or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), inclu ding but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,
CalOES
OOYERHOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
a~~ (b) execut ive compensat ion data for first-tier subaw ards as set fort h in -2·C.F.R.
Part l70, Appendix A. The App licant also agrees to comp ly v.:ith the requirements set forth in the govern ment-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requiremen ts loc ated at 2 C.F.R.
Part 25, Append ix A.
13. Whistleblower Protections
The Applicant must comp ly with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310.
14. Human Trafficking
The App licant will comply with the requireme nts_ of Section 106 ( g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applican t or its subrec ipients from: ( 1) engagi ng in traffi cking in persons during the period of time that the award is in effect; (2) proc uring a commercia l sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The App lican t will comply with the following federa l labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Cope land Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for fede rally-assisted constr uction contracts or subcontracts , and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospita ls and other non profit organ izations.
16. Worker's Compensation
The Applicant must comply with provisions which require every emp loyer to be insured to protect worke rs who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensatio n laws set fort h in California Labor Code§§ 3700 et seq.
CalOES
GOYUN01t ·s OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
17. Pr9perty-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) 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 Section 102(a) of the Flood Disaster Protection Act of 1973 (P .L. 93-234) which require s federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended ( 16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 197 4 ( 16 U.S.C. § 469a- l et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the term s of the rea l property title or other interest in the site and facilities without permission and instruction s from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competen t and adequate engineering supervision at the construct ion site to ensure that the comp lete work conforms with the approved plans and spec ifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
0 CalOES
OOYERNOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comp ly°with California Vehicle Code sectio ns 23123 ond 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless commun ications device to write, send, or read a text-b ased communica tion. Drivers are also prohibited from the use of a wireless telephone witho ut hands-fr ee listening and talking , unless to make _an emerge ncy call to 911, law enforcemen t, or similar services.
20. California Public Records Act and Freedom of Information Act The-Applicant acknowledges that all informati on submitted in the cou rse of applying for funding und er this program, or prov ided in the course of an entity's grant management activities that are under federal control, is subject to the Freedom of Informa tion Act (FOIA), 5 U.S.C .. § 552, and the Californio Public Records Act, California Gove rnment Code § 7920.000 et seq. The Applican t should consider these laws and consu lt its own State and local laws and regulations regarding the release of informat ion when reporting sensitive matters in the grant appl ication, needs assessment, and strategic planning process.
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM {EMPG) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21. Acknowledgment of Federal Funding from OHS
The Applicant must acknow ledge its use of federal funding when issuing statements, press releases, requests for proposa ls, bid invitati ons, and other documen ts describing projects or programs fund ed in whole or in part with federal funds.
22. Activities Conducted Abroad
The App licant must ensure that project activ ities carried on outside the United States are coord inated as necessary with appropriate govern ment authorities and that appropria te licenses, permits, or approva ls are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (Pit) DHS defines personally iden tifiable information (PII) as any information that permits the identity of an individua l to be directly or indirectly inferred, includin g any informat ion that is linked or linkable to that individual. If the App lican t collects PII, the Appl icant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The App licant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
CalOES
OOVERNOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notice s of 17 U.S.C. §§ 401 or 402 and ah acknowledgement of United States Governmen t sponsorship (including the award number}" to any work first produc ed under fede ral financial assistance awards.
25. Duplication of Benefits
Any cost allocab le to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other fed eral finan cial assisfance awards to overcome fund defici encies, to avoid restrictions imposed by federal statutes, regulations, or fed eral financial assistance award terms and conditi ons, or for other reasons. However , these prohibit ions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal. statutes , regu lati ons, 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 whic h conta in policies relating to energy efficiency that are defined in the state ene rgy conservat ion plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repay ment of any federa l debt.
Examp les of relevant debt includ e delinquent payroll and other taxes, audit disallowances, and benefit overpayme nts. See 0MB Circular A-129.
28. Fly America Act of 1974
The App licant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates und er 49 U .S.C. § 41102) for international air transpor tation of people and property to the extent that such service is availab le, in accordance with the Interna tional Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 401 18) and the interpretative guidelines issued by the Comptro ller General of the United States in the March 31, 1981, amendment to Compt roller Genera l Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Sectio n 6 of the Hotel and Motel Fire Safety Act of 1990, the App licant must ensure that all conference, meeting, convention , or training space funded in whole or in part with federal fund s comp lies with the fire preven tion and contro l guidelines of the Fede ral Fire Prevention and Control Act of 197 4, as amended, 15 U.S.C. § 2225a.
Pag e 11 of 15 Initial&._
CalOES
OOYERHOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Gran t Program s
30. Non-supplanting Requirement
If the Applicant receives federal fina ncial assistance awards made under programs that prohib it supplanting by law, the App licant must ensure that federal funds do not replace (supplant) funds that have been budge ted for the same purpose through non- federal sources. •
31 . Patents and Intellectual Property Rights·
Unless othe.rwise provided by law, the App licant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codi fied in 35 U.S.C. § 200 et seq. The App lican t is subject to the specific requirements gove rning the developmen t, reporting , and disposition of rights to inventions and paten ts resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant rece ives federal financial assistance awards made under programs that prov ide emergency commu nication equipment and its related activities , the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including prov isions on technica l standards that ensure and enhance interoperable co mmunications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohib it transact ions with , and the provisions of resources and support to, individuals and organizations associated with terrorism. The App licant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the tota l value of the Applicant's currently active grants, coo perative agreemen ts, and procuremen t con tracts from all federa l assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal finan cial assistance award, the Appl icant must comp ly with the requ irements set forth in the government-wide Award Term and Condition for Recipien t Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and cond itions.
0 CalOES
OOYERHOll 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comp ly with requirements of the Uniting and Strengthening America by Providing Approp riate Tools Requi~ed to Intercept and Obstruct Terrorism Act (USA PATRIOT Act)., which amends 18 U.S.C. §§ 175-175c.
36. Use of OHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, log o, crests or reproductions of flags or likenesses of ~oast Guard officia ls.
37. Applicability of OHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipi ents as a matter of law, regulation, or executive order. If the requireme nt does not apply to India n tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and • Conditions does not change or alter its inappli cability to an Indian tribe . The execu tion of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the "Build Ameri ca, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federa l award subject to BABAA requirements may not use federal financial assistance funds for infrastructur e projects unless:
(a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (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 tota l cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic con tent of the manufa ctured product has been establish ed under applicable law or regu lation; and
CalOES
GO VERNOR 'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) All construction mater ials are manufactured in the United Stat~s - this mea'!s that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a "Buy America" preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment , that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.
39. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comp ly with the requirements of section 12(c) of Executive Order 1407 4. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 1407 4 to support safe and effective policing . . .
. J, (.
CalOES
OOYERHOR'S OFFICE
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state finan cial assistance, inclu"ding any and all federal and state grants, loans, reimbursement, contracts, etc.
App lican t recogni zes and agrees that state ffnancia l assistance will be exte nded based on the representations made in these assurances. These assurances are binding on Applicant, its $Uccesso rs, transferees,_ assignees, etc. as well as any of its subrecip ients.
Failure to comply with any of the above assurances may result in suspension, terminati on, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintain ed on file by the Applicant and avai lable for Cal OES or publi c scrutiny upon req uest. Failure to comply with these requirements may result in suspension of payments under the gran t or terminati on of the grant or both and the Appli cant may be ineligible for award of any future grants if Cal OES determines that the Appli cant: ( l) has mad e false cert ification, or (2) viola tes the certi fication by failing to carry out the requi rements as noted above.
All of the languag e contain ed within this docum ent must be includ ed in the award documents for all subawar ds at all tiers. App licants are boun d by OHS Security Standard Terms and Condit ions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publica tion/fyl 5-dhs- standard-terms-and-conditions.
The undersigned represents that he she i authorized to enter into this agreement for and on behalf of the Applicant .
Applicant: City of Carlsbad
Signature of Author ized Agen t: ------..:--:'7---------- ------- - Printed Name of Authorized Agen t: _ S_c_o_tt_C_h_a_d_w_i_c_k ____________ _ Title: City Manager Date: 5'.:sbt24 ·----'- - -~~---- - ----- --
APPROVED AS TO FORM
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