RESOLUTION NO. 2024-206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING $83,545 IN GRANT FUNDS FOR THE FISCAL YEAR 2023 URBAN AREA SECURITY INITIATIVE PROGRAM, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE REQUIRED MEMORANDUM OF
UNDERSTANDING AND 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 Urban Area Security Initiative Program supports state, local, tribal and territorial efforts to prevent terrorism and other catastrophic events; and WHEREAS, the City of Carlsbad was awarded $83,545 in Urban Area Security Initiative Program funds for specialized training courses for the Fire Department; 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 Program 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 memorandum of understanding and standard assurances with the City of San Diego Office of Emergency Services for the distribution of Fiscal Year 2023 Urban Area Security Initiative Program funds (Attachment A).
4. That the City Manager, or designee, is authorized to accept additional grant funding from the Fiscal Year 2023 Urban Area Security Initiative Program, if awarded.
5. That the City Manager, or designee, is authorized to appropriate $83,545 to the Public Safety Grants Special Revenue Fund for the Fiscal Year 2023 Urban Area Security Initiative 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 project and agrees:
a) To provide all match ing 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 City and the City Council;
c) Grant funds shall not be used to supplant expenditures controlled by the City Council;
d) The City is author ized by the City Council 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) The official executing this agreement is authorized by the City.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of August, 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)
AGREEMENT BETWEEN THE CITY OF
SAN DIEGO OFFICE OF EMERGENCY SERVICES AND THE
CITY OF CARLSBAD
FOR THE DISTRIBUTION OF FY 2023 UASI GRANT FUNDS
THIS AGREEMENT is made this day of ~ - fl~ , 2024 in the City and County of San Diego, State of California, by and between~ CITY OF CARLSBAD ("SUBRECIPIENT") and the CITY OF SAN DIEGO , a municipal corporation ("San Diego" or "City"), in its capacity as fiscal agent for the Approval Authority, as defined below, acting by and through the San Diego Office of Emergency Services ("SD OES"), also referred to as the San Diego Office of Emergency Services ("SD OES").
RECITALS
WHEREAS, The United States Department of Homeland Security ("DHS") designated San Diego as an eligible high risk urban area through an analysis of relative risk of terrorism , the San Diego Urban Area ("SDUA") was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative ("UASI") program grant funds; and WHEREAS, The Urban Area Working Group ("UA WG"), a collaborative subcommittee established by the San Diego County Unified Disaster Council, was established as the Approval Authority for the SDUA, to provide overall governance of the Homeland Security Grant Program across the SDUA, to coordinate development and implementation of all UASI program initiatives, and to ensure compliance with all UASI program requirements; and
WHEREAS , The City of San Diego Office of Emergency Services ("SD OES"), as the "core city" for the SDUA, will serve as the chair and the UASI Grant Administrator, and SD OES Program Manager is responsible for implementing and managing the policy and program decisions of the Approval Authority, directing the work of the UASI Management Team personnel, and performing other duties as determined and directed by the Approval Authority, and
WHEREAS, San Diego has been designated as the grantee for UASI funds granted by the DHS through the California Office of Emergency Services ("Cal OES") to the SDUA, with responsibility to establish procedures and execute subgrant agreements for the distribution of UASI program grant funds to jurisdictions selected by the Approval Authority to receive grant funding; and WHEREAS, San Diego has been designated to serve as the fiscal agent for the Approval Authority, and to establish procedures and provide all financial services for distribution ofUASI program grant funds within the SDUA; and
WHEREAS, Pursuant to grant allocation decisions by the Approval Authority, the UASI Management Team has asked San Diego to distribute a portion of the regional UASI grant funds to SUBRECIPIENT on the terms and conditions set fo1ih herein;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration , the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
FY 23 UASI - SUBRECIPIENT Page 1 of22 September 1, 2023 Attachment A
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context requires otherwise, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) "ADA" shall mean the Americans with Disabilities Act (including all rules and regulations there under) and all other applicable federal, state and local disability rights legislation, as the same may be amended, modified or supplemented from time to time. (b) "Authorized Expenditures" shall mean expenditures 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 commencing on July 1, October 1, January 1, and April 1, respectively.
(e) "Grant Funds" shall mean any and all funds allocated or disbursed to SUBRECIPIENT (UEI #: LR6NGYMWXXJ5) under this Agreement. This Agreement shall specifically cover funds allocated or disbursed from Cal OES Grant No. 2023-0042, Cal OES ID No. 073-66000, CFDA No. 97.067, per Cal OES award notice dated October 18, 2023.
(f) "Grant Plan" shall mean the plans, performances, events, exhibitions, acquisitions or other activities or matter, and the budget and requirements, described in the approved Financial Management Fonns Workbook (FMFW). If SUBRECIPIENT requests any modification to the Grant Plan, SUBRECIPIENT shall submit a written request to the SD OES Program Manager with the following information: Scope of change requested, reason for change, proposed plan for change, summary of approved and requested modifications to the Grant Plan, and any necessary approvals in support of change ( e.g., EHP).
(g) "Indemnified Parties" shall mean: (i) San Diego, including all commissions, departments including OES, agencies, and other subdivisions of San Diego; (ii) San Diego's elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of the foregoing.
(h) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether 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). (i) "Simplified Acquisition Threshold" means the dollar amount below which a non- Federal entity may purchase property or services using small purchase methods. (k) "UASI Management Team" shall mean The SD OES Program Manager, Program Coordinator, as well as project, grant, and administrative staff. The Program Manager appoints members to the Management Team to implement the policies of the UA WG. (1) "Pass-through entity" shall mean a non-Federal entity that provides a sub award to a subrecipient to carry out part of a Federal Program.
FY 23 UASI - SUBRECIPIENT Page 2 of22 September 1, 2023
1.2 Additional Terms. The terms "as directed," "as required" or "as permitted" and similar terms shall refer to the direction, requirement, or permission of City. The terms "sufficient ," "necessary" or "proper" and similar terms shall mean sufficient , necessary or proper in the sole judgment of City. The tenns "approval," "acceptable " 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 "assign" herein refers only to a subcontractor, successor or assign 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 expressly 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 federal or state statute, regulation, executive order , requirement, policy, guide, guideline , information bulletin, or instruction 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 instructions, the decision-making of the Cal OES and the Approval Authority , the terms and conditions of the grant award; the approved application , and to the extent applicable 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 disburse grant funds to SUBRECIPIENT until City and SUBRECIPIENT have fully and finally executed this Agreement. SUBRECIPIENT acknowledges and agrees that if it takes any action, informal 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-reimbursement 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 available under this Agreement without prior written authorization certified by the San Diego Chief Financial 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 funds shall be entered into by any officer of the City and no such contract 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 sufficient balance to meet the demand thereof. " FY 23 UASI - SUBRECIPIENT Page 3 of22 September 1, 2023 ARTICLE3
PERFORMANCE OF THE AGREEMENT
3.1 Duration of Term . The term ofthis Agreement shall commence on SEPTEMBER 1, 2023 and shall end at 11 :59 p.m. San Diego time on MAY 31, 2027.
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 Exercise Participation Award Letter and/or approved modification. The City will not automatically transfer Grant Funds to SUBRECIPIENT upon execution ofthis Agreement. SUBRECIPIENT must submit a Reimbursement Request under Section 3 .10 of this Agreement , approved by the UASI Management Team and City, before the City will disburse Grant Funds to SUBRECIPIENT.
3.3 Use of Funds.
(a) General Requirements. SUBRECIPIENT shall use the Grant Funds received under this Agreement for the purposes and in the amounts set forth in the Grant Plan. SUBRECIPIENT shall not use or expend Grant Funds for any other purpose, including but not limited to, for matching funds for other federal grants/cooperative agreements , lobbying or intervention in federal regulatory or adjudicatory proceedings , or to sue the federal government or any other government entity. SUBRECIPIENT shall not permit any federal employee to receive Grant Funds.
(b) Modification of Grant Plan. Under Sections 1.1 ( f) and 10 .2 of this Agreement, SUBRECIPIENT may submit a written request to modify the Grant Plan. SUBRECIPIENT shall not appropriate , encumber or expend any additional or reallocated Grant Funds pursuant to such a request 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 appropriate, encumber or expend any additional or reallocated Grant Funds pursuant to the modification request without approval from the Approval Authority and/or Cal OES. (c) No Supplanting. SUBRECIPIENT shall use Grant Funds to supplement 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 consistent with the grant milestones, guidance and assurances; and make satisfactory progress toward the goals, objectives, milestones and deliverables in this Agreement. (e) Subawards. SUBRECIPENT is not an authorized pass-through entity and is not authorized to make any subawards of Grant Funds.
3.4 Standard Assurances; Other Requirements; Cooperation with Monitoring. (a) SUBRECIPIENT shall comply with all Standard Assurances included in Appendix B, attached hereto and incorporated by reference as though fully set forth herein. (b) In addition to complying with all Standard Assurances, SUB RECIPIENT shall comply with all applicable statutes, regulations, executive orders, requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the tenns and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority . SUBRECIPIENT shall require and ensure that all contractors and other entities receiving Grant Funds from SUBRECIPIENT comply with all applicable statutes, regulations, executive orders, FY 23 UASI - SUBRECIPIENT Page 4 of22 September 1, 2023 requirements, policies, guides, guidelines, information bulletins, Cal OES grant management memos, and instructions; the terms and conditions of the grant award; the approved application, and any conditions imposed by Cal OES or the Approval Authority.
( c) SUB RECIPIENT 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. SUBRECIPIENT shall cooperate in good faith with San Diego and the UASI Management Team in any evaluation, 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 request by City or the UASI 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 Financial Management Require ments. SUBRECIPIENT shall establish and maintain administrative, programmatic and financial management systems and records in accordance with federal and State of California requirements. This provision requires, at a minimum , that SUBRECIPIENT comply with the following non-exclusive list of regulations commonly applicable to DHS grants, as applicable to this Agreement and the Grant Plan:
(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: Government cost principles , uniform admin istrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (0MB) and can be found at http ://www .whitehouse .gov/omb/.
3.6 Technology Requirements.
(a) National Information Exchange Model ("NIEM"). SUBRECIPIENT shall use the latest NIEM specifications and guidelines regarding the use of Extensible Markup Language ("XML") for all awards of Grant Funds.
(b) Geospatial Guidance. SUB RECIPIENT is encouraged to use Geospatial technologies , which can capture, store, analyze, transmit and/or display location-based information (i.e., information linked to a latitude and longitude), and to align any geospatial activities with the guidance available on the Federal Emergency Management Agency ("FEMA") website. • ( c) Criminal Intelligence Systems Operating Policies. Any information technology system funded or supported by Grant Funds shall comply with 28 CFR Part 23, Criminal Intelligence Systems Operating Policies , if applicable.
( d) SUBRECIPIENT is encouraged to use the DHS guidance in Best Practices for Government Use of CCTV: Implementing the Fair Information Practice Principl es, if Grant Funds are used to purchase or install closed circuit television (CCTV) systems or to support operational CCTV systems.
FY 23 UASI - SUBRECIPIENT Page 5 of22 September 1, 2023
3.7 Procuremen t Requirements.
(a) General Requirements . SUBRECIPIENT shall follow its own procurement requirements as long as those requirements comply with all applicable federal and State of California statutes, regulations, requirements, policies, guides, guidelines and instructions . (b) Contract Provisions. All contracts made by the SUBRECIPIENT using Grant Funds must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contract Under Federal Awards). 2C.F.R. § 200.327. (b) Specific Purchases. If SUB RECIPIENT is using Grant Funds to purchase interoperable communication equipment, SUBRECIPIENT shall consult DHS's SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.
If SUBRECIPIENT is using Grant Funds to acquire critical emergency supplies, prior to expending any Grant Funds, SUBRECIPIENT shall submit to the UASI Management Team for approval by Cal OES a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning.
(c) Bond Requirement. SUBRECIPIENT shall obtain a performance bond for any equipment items over the simplified acquisition threshold (2C.F .R. § 200.320) or any vehicle, aircraft or watercraft financed with Grant Funds (2 CFR § 300.326.). (d) Non-Competitive Procurement Requirements. UASI Management Team prior approval is required for any procurement made without advertisement or a competitive process or single response to a request for proposal/bid , regardless of dollar amount, this includes sole source procurements .
SUBRECIPIENT shall submit a Non-Competitive Procurement Authorization request to the UASI Management Team for approval prior to expending any grant funds. Additionally , SUBRECIPT shall submit a Non-Competitive Procurement Request to the UASI Management Team for CalOES approval for any non-competitive procurement over the simplified acquisition threshold (2C.F.R. § 200.320). (e) Federal Schedules. SUBRECIPENT shall submit a Federal Schedule Procurement Authorization request to the UASI Management Team for approval to procure using the Federal supply schedule, prior to expending any grant funds.
(f) "Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Recipients and subrecipients ofFEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute- as it applies to FEMA recipients , subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
3.8 Contracto r Requirements.
(a) SUBRECIPIENT shall ensure and independently verify that any contractor or other entity receiving Grant Funds from SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs, under Executive Orders 12549 and 12689, as implemented at 2 CFR Part 3000. SUBRECIPIENT shall obtain documentation of eligibility before disbursing Grant Funds to any contractor or other entity. SUBRECIPIENT shall maintain documentary proof of this verification in its files. SUBRECIPIENT shall establish procedures for the effective use of FY 23 UASI - SUBRECIPIENT Page 6 of22 September 1, 2023 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 rnle.
(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 receiving Grant Funds from SUB RECIPIENT complies with the requirements of 2 CFR Part 3001.1, Requirements for Drug Free Workplace (Financial 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 goals, objectives, performance requirements, timelines, milestone completion, budgets and other criteria are being met. Programmatic monitoring may include the Regional Federal Preparedness Coordinators , or other federal or state personnel, when appropriate. Monitoring may involve a combination of desk-based reviews and on-site monitoring visits, inspection of records, and verifications of grant activities. These reviews will involve a review and analysis 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 eligibility 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 applicable guidelines; and
4. Confirming compliance with: Standard Assurances ; information provided on performance reports and payment requests; and needs and threat assessments and strategies.
(b) SUBRECIPIENT is responsible for monitoring and auditing the grant activities of any contractor or other entity receiving Grant Funds through or from SUBRECIPIENT . This requirement includes but is not limited to mandatory on-site verification visits. (c) If after any monitoring review, the OHS or Cal OES makes findings that require a Corrective Action Plan by SUBRECIPIENT , the City shall place a hold on all Reimbursement Requests from SUBRECIPIENT until the findings are resolved.
3.10 Disbursement Procedures. San Diego shall disburse Grant Funds to SUBRECIPIENT as follows:
(a) SUBRECIPIENT shall submit to the UASI Management Team, in the manner specified for notices pursuant to Article 9, a document ("Reimbursement Request") substantially in the form attached as Appendix C, attached hereto and incorporated by reference as though fully set forth herein.
The UASI Management Team shall serve as the primary contact for SUBRECIPIENT regarding any Reimbursement Request.
FY 23 UASI- SUBRECIPIENT Page 7 of22 September I, 2023
(b) The UASI Management Team will review all Reimbursement Requests for compliance with this Agreement and all applicable guidelines and requirements. The UASI Management Team will return to SUBRECIPIENT 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 Reimbursement Request. ( d) If a rejection relates only to a portion of the expenditures itemized in any Reimbursement Request , City shall have no obligation to disburse any Grant Funds for any other expenditures itemized in such Reimbursement Request unless and until SUBRECIPIENT submits a Reimbursement Request that is in all respects acceptable to the UASI Management Team. (e) If SUBRECIPIENT is not in compliance with any provision of this Agreement, City may withhold disbursement of Grant Funds until SUBRECIPIENT has taken corrective action and currently complies with all terms and conditions of the Agreement.
3. I I Disallowance. SUB RECIPIENT agrees that if it claims or. receives reimbursement from City for an expenditure that is later disallowed by the State of California or the federal government, SUBRECIPIENT shall promptly refund the disallowed amount to City upon City's written request. At its option, City may offset all or any portion of the disallowed amount against any other payment due to SUBRECIPIENT hereunder or under any other Agreement with SUBRECIPIENT. Any such offset with respect to a portion of the disallowed amount shall not release SUBRECIPIENT from SUBRECIPIENT's obligation hereunder to refund the remainder of the disallowed amount.
3. I 2 Sustainability. Grant Funded programs that contain continuing personnel and operating expenses, over and above planning and implementation costs, must be sustained once the Grant Funding ends. If Equipment is purchased with grant funds the equipment must be sustained through the useful life of equipment. By executing this Agreement, SUBRECIPIENT acknowledges its responsibility and agrees to sustain continuing programs beyond the Grant Funding period. SUBRECIPIENT acknowledges and agrees that this sustainability requirement is a material term of the Agreement.
3.13 EHP Requirements.
(a) Grant Funded projects must comply with the federal Environmental and Historic Preservation ("EHP") program. SUBRECIPIENT shall not initiate any project with the potential to impact environmental or historic properties or resources until Cal OES and FEMA have completed EHP reviews and approved the project. Examples of projects that may impact EHP resources include: communications towers, physical security enhancements, new construction, and modifications to buildings , structures and objects that are 50 years old or greater. SUBRECIPIENT shall notify the UASI Management Team of any project that may require an EHP review. SUBRECIPIENT agrees to provide detailed project infonnation to FEMA, Cal OES and/or the UASI Management Team, to cooperate fully in the review, and to prepare any documents requested for the review. SUBRECIPIENT shall comply with all conditions placed on the project as the result of the EHP review, and implement any treatment or mitigation measures deemed necessary to address potential adverse impacts. With prior approval of the UASI Management Team, SUBRECIPIENT may use Grant Funds toward the costs of preparing documents and/or implementing treatment or mitigation measures. Any change to the approved project scope of work will require re-evaluation for compliance with EHP requirements. If ground disturbing activities occur during project implementation, SUBRECIPIENT shall notify the UASI Management Team and ensure monitoring of ground disturbance. If any potential archeological resources are discovered, SUBRECIPIENT shall immediately cease construction in that area and notify the UASI Management Team, which will notify the appropriate State Historic Preservation Office. If SUBRECIPIENT is using Grant Funds for a communication tower project, SUBRECIPIENT shall complete its Federal Communication Commission ("FCC") EHP process before preparing its Cal OES/FEMA EHP materials, and shall include the FCC EHP materials in the Cal OES/FEMA submission.
FY 23 UASI - SUBRECIPIENT Page 8 of22 September 1, 2023 (b) Any construction or other project that SUBRECIPIENT initiates without the necessary EHP review and approval will not be eligible for reimbursement. Failure of SUBRECIPIENT to meet federal, State, and local EHP requirements, obtain applicable permits, or comply with any conditions 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 Reimbursement Requests.
3.14 National Energy Conservation Policy and Energy Policy Acts. SUBRECIPIENT shall comply with the following requirements:
(a) Grant Funds may not be used in contravention of the Federal buildings performance and reporting requirements of Executive Order 13123, part 3 of Title V of the National Energy Conservation Policy Act ( 42 USC §8251 et seq.), or Subtitle A of Title I of the Energy Policy Act of 2005; and (b) Grant Funds may not be used in contravention of Section 303 of the Energy Policy Act of 1992 (42 USC §13212).
3.15 Royalty-Free License. SUBRECIPIENT understands and agrees that FEMA reserves a royalty free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and authorize others to use, for federal government purposes: (a) the copyright in any work developed using Grant Funds; and (b) any rights of copyright that SUBRECIPIENT purchases or acquires using Grant Funds. SUBRECIPIENT shall consult with the UASI Management Team and FEMA regarding the allocation of any patent rights that arise from, or are purchased with, Grant Funds.
3.16 Publication Statements. SUBRECIPIENT shall ensure that all publications created or developed under this Agreement prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agencies Grant Programs Directorate (FEMA/GPD) within the US Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD or the US Department of Homeland Security."
3 .17 Performance Period . SUBRECIPIENT shall ensure that hard copies of all reimbursement requests and suppo1iing documentation will be submitted to the UASI Management Team postmarked no later than the Reimbursement Claim Due Date identified in the Subrecipient Award Letter (Attachment A). Extension requests may be granted based on extenuating circumstances beyond the control of the subrecipient and must be made via the Performance Period Extension Request Form (Appendix D).
Requests must contain specific and compelling justifications as to why an extension is required and must be submitted 30 days prior to the current deadline.
ARTICLE4
REPORTING REQUIREMENTS; AUDITS
4.1 Regular Reports . SUBRECIPIENT shall provide, in a prompt and timely manner, financial, operational 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 recycled paper and printed on double-sided pages, to the maximum extent possible.
4.2 Notification of Defaults or Changes in Circumstances . SUBRECIPIENT shall notify the UASI Management Team and City immediately of (a) any Event of Default or event that, with the 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 Article 5 to be false or misleading at any time dming FY 23 UASI - SUBRECIPIENT Page 9 of22 September 1, 2023 the term of this Agreement; and ( c) any change of circumstances or events that would cause SUBRECIPIENT to be out of compliance with the Standard Assurances in Appendix 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 whole or in part with Grant Funds. Without limiting the scope of the foregoing , SUB RECIPIENT shall establish and maintain accurate financial books and accounting records relating to Authorized Expenditures and to Grant Funds received and expended under this Agreement, together with all invoices, documents , payrolls, time records and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. SUBRECIPIENT shall maintain all of the files, records, books, invoices, documents, payrolls and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than three (3) years after expiration of this Agreement or until any final audit by Cal OES has been fully completed, whichever is later.
4.4 Inspection and Audit . SUBRECIPIENT shall make available to the UASI Management Team, and to UASI Management Team and City employees and authorized representatives, during regular business hours, all of the files, records, books, invoices, documents, payrolls and other data required to be established and maintained by SUBRECIPIENT under Section 4.3, and allow access and the right to examine those items. SUBRECIPIENT shall permit the UASI Management Team and City, and UASI Management Team and City employees and authorized representatives , to inspect, audit, examine and make excerpts 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, records, books, invoices, documents, payrolls and other data under this A1iicle 4. The DHS, the Comptroller General of the United States or designee, and Cal OES shall have the same inspection and audit rights as the City and UASI Management Team. SUBRECIPIENT shall cooperate with any federal or state audit.
4.5 Audit Report. If the amount specified in Section 3.2 ofthis 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 GA O'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 audit report to the UASI Management Team no later than six months after the end of SUBRECIPIENT' s fiscal year.
ARTICLES
REPRESENTATIONS AND WARRANTIES
SUB RECIPIENT represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:
5.1 No Misstatements. No document fw-nished or to be furnished by SUBRECIPIENT to the UASI Management Team in connection with this Agreement, any Reimbursement Request or any other document relating to any of the foregoing , contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading , under the circwnstances under which any such statement shall have been made.
5.2 Eligibility to Receive Federal Funds . By executing this Agreement , SUBRECIPIENT certifies that it is eligible to receive federal funds, and specifically ce1iifies as follows :
(a) SUBRECIPIENT is not suspended , debarred or otherwise excluded from paiiicipation in federal assistance programs, as required by Executive Order 12549 and 12689, "Debarment and Suspension" and implemented at 2 CFR Part 3000.
FY 23 UASI - SUBRECIPIENT Page 10 of22 September 1, 2023 (b) SUBRECIPIENT complies with 31 U.S.C. § 1352, Limitation on use of appropriated funds to influence federal contracting and financial transactions , as implemented at 44 CFR Part 18 and 6 CFRPart 9.
(c) SUBRECIP IENT complies with the Drug-Free Workplace Act of 1988, as amended, 41 U.S.C. §701 et seq., as implemented in 2 CFR Part 3001, and will continue to provide a drug-free workplace as required under that Act and implementing regulations . ( d) SUBRECIPIENT is not delinquent in the repayment of any federal debt. See 0MB Circular A-129.
SUBRECIPIEN T acknowledges that these certifications of eligibility to receive federal funds are material terms of the Agreement.
5.3 NIMS Compliance . To be eligible to receive Grant Funds, SUBRECIPIEN T must meet National Incident Management System ("NIMS") compliance requirements. By executing this Agreement , SUBRECIPIENT certifies that it is in full NIMS compliance . SUBRECIPIENT acknowledges that this certification is a material term of the Agreement.
ARTICLE6
INDEMNIFICATION AND GENERAL LIABILITY
6.1 Indemnification. SUBRECIPIENT shall indemnify, protect, defend and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, in connection with or caused by SUBRECIPIENT 's performance of this Agreement , including, but not limited to, the following: (a) a material breach of this Agreement by SUB RECIPIENT ; (b) a material breach of any representation or warranty ofSUBRECIPIENT contained in this Agreement ; (c) any personal injury or death caused, directly or indirectly, by any act or omission of SUB RECIPIENT or its employees or agents; ( d) any loss of or damage to property caused, directly or indirectly, 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 SUBRECIPIENT, or by any of its employees or agents, regardless of whether such equipment or facility is furnished, rented or loaned to SUBRECIPIENT by an Indemnified Party ; (f) any tax, fee, assessment or other charge for which SUBRECIPIENT is responsible under Section 10.4; or (g) any infringement of patent rights, copyright, trade secret or any other proprietary right or trademark of any person or entity in consequence 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 , consultants 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 acknowledges 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 allegations asserted in connection with such Loss are or may be groundless , false or fraudulent; and ( c) arises at the time the Loss is tendered to SUBRECIPIENT by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give SUBRECIPIENT prompt notice of any Loss under Section 6.1 and SUBRECIPIEN T shall have the right to defend, settle and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of SUBRECIPIENT if representation of such Indemnified Party by the counsel retained by SUBRECIPIENT would be inappropriate due to conflicts of interest between such Indemnified Party and SUBRECIPIENT . An Indemnified Party's failure to notify SUBRECIPIENT promptly of any Loss shall not relieve SUBRECIPIEN T of any liability to such FY 23 UASI - SUBRECIPlENT Page 11 of22 September 1, 2023 Indemnified Party pursuant to Section 6.1, unless such failure materially impairs SUBRECIPIENT 's ability to defend such Loss. SUBRECIPIENT shall seek the Indemnified Party's prior written consent to settle or compromise any Loss if SUBRECIPIENT contends that such Indemnified Party shares in liability with respect thereto.
6.3 Incidental and Consequential Damages. Losses covered under this Article 6 shall include any and all incidental and consequential damages resulting in whole or in part from SUBRECIPIENT's acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable 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 INCIDENT 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.
ARTICLE 7
EVENTS OF DEFAQLT AND REMEDIES; TERMINATION FOR CONVENIENCE
7.1 Events of Default. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Agreement:
(a) False Statement. Any statement, representation, certification or warranty contained in this Agreement , in any Reimbursement Request, 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 SUBRECIPIENT as and when performance or observance is due and such failure or breach continues for a period often (10) days after the date on which such performance or observance is due. ( c) Failure to Comply with Applicable 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 filing 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' relieflaw of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of SUBRECIPIENT or of any substantial part of SUBRECIPIENT' s property or (v) takes action for the purpose of any of the foregoing. (e) Involuntary Insolvency. Without consent by SUBRECIPIENT , a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to SUBRECIPIENT or with respect to any substantial part of SUBRECIPIENT ' s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation FY 23 UASI-SUBRECIPIENT Page 12 of22 September 1, 2023
or to take advantage of any bankruptcy , insolvency or other debtors' relief law of any jurisdiction or (iii) ordering the dissolution, winding-up or liquidation of SUBRECIPIENT.
7.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to SUBRECIPIENT and, on the date specified in such notice, this Agreement shall terminate and all rights of SUBRECIPIENT hereunder shall be extinguished. In the event of such termination, City will pay SUBRECIPIENT for Authorized Expenditures in any Reimbursement Request that was submitted and approved by the UASI Management Team and by City prior to the date of termination 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 SUB RECIPIENT has previously submitted a Reimbursement Request or whether the DASI Management Team and/or City has approved the disbursement of the Grant Funds requested in any Reimbursement Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to SUBRECIPIENT after cure of applicable Events of Default shall be disbursed without interest.
( c) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by SUBRECIPIENT in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate pennitted under applicable 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 without cause. City shall exercise this option by giving SUBRECIPIENT written notice of termination. The notice shall specify the date on which termination shall become effective .
(b) Upon receipt of the notice, SUBRECIPIENT shall commence and perfonn, with diligence, all actions necessary on the part of SUBRECIPIENT to effect the termination of this Agreement on the date specified by City and to minimize the liability of SUBRECIPIENT and City to third parties as a result of termination . All such actions shall be subject to the prior approval of the DASI Management Team.
( c) Within 30 days after the specified termination date, SUB RECIPIENT shall submit to the UASI Management Team an invoice for all Authorized Expenses incurred through the termination date.
For Authorized Expenses incurred after receipt of the notice of termination, City will only reimburse SUBRECIPIENT if the Authorized Expenses received prior approval from the UASI Management Team as specified in subparagraph (b ).
( d) In no event shall City be liable for costs incurred by SUB RECIPIENT or any of its contractors after the termination date specified by City. (e) City's payment obligation under this Section shall survive termination of this Agreement.
7.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The remedies contained herein are in addition to all other remedies available to City at FY 23 DASI - SUBRECIPIENT Page 13 of22 September 1, 2023 law or in equity 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.
ARTICLES
ASSIGNMENT S
8.1 No Assignment by SUBRECIPIENT. SUBRECIPIENT shall not, either directly or indirectly , assign, transfer , hypothecate, subcontract or delegate all or any portion of this Agreement or any rights, duties or obligations of SUBRECIPIENT 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 SUBRECIPIENT 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 assets of SUBRECIPIENT shall be deemed an assignment for purposes 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 automatically be null and void .
8.3 SUBRECIPIENT Retains Responsibility. SUBRECIPIENT shall in all events remain liable for the performance by any contractor , or assignee of all of the covenants , terms and conditions 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) deposited in the U.S. mail, first class, certified with return receipt requested and with appropriate postage, (b) hand delivered ( c) sent via email to a member of the UASI Management Team or ( d) 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 1101 C
San Diego, CA 92123
Attn : Megan Beall, Program Manager
Facsimile No.: (619) 533-6786
Ifto SUBRECIPIEN T:
OFFICE City of Carlsbad
ADDRESS 2560 Orion Way
CITY, STATE, ZIP Carlsbad, CA 92010
ATTN Deborah Baird
FACSIMILE (760) 929-0256
9.2 Effective Date. All communications sent in accordance with Section 9.1 shall become effective on the date ofreceipt. Such date ofreceipt shall be determined by: (a) if mailed, the return receipt, completed by the U.S. postal service ; (b) if sent via hand delivery, a receipt executed by a duly authorized agent of the party to whom the notice was sent; or ( c) if sent via facsimile, the date of telephonic FY 23 UASI - SUBRECIPIENT Page 14 of22 September 1, 2023 confirmation ofreceipt by a duly authorized agent of the party to whom the notice was sent or, if such confinnation is not reasonably practicable, the date indicated in the facsimile machine transmission report of the party giving such notice.
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 UASI 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 such default persists 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 extent therein stated .
Waivers by San Diego of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by the UASI Management Team of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
10.2 Modification . This Agreement may not be modified, 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 designee may establish alternate procedures for modification 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 principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Diego.
10.4 SUBRECIPIENT to Pay All Taxes. SUBRECIPIENT shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Grant Plan, the Grant Funds or any of the activities contemplated by this Agreement.
10.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
10.6 Entire Agreement. This Agreement sets forth the entire Agreement between the parties, and supersedes all other oral or written provisions. The following Appendices are attached to and a part of this Agreement:
• Appendix A, SUBRECIPIENT Award Letter
• Appendix B, Standard Assurances
• Appendix C, Form of Reimbursement Request
• Appendix D, Performance Period Extension Request
10. 7 Certified Resolution of Signatory Authority . Upon request of San Diego, SUBRECIPIENT shall deliver to San Diego a copy of the corporate resolution(s) authorizing the execution , delivery and performance of this Agreement, certified as true, accurate and complete by the appropriate authorized representative of SUBRECIPIENT.
FY 23 UASI - SUBRECIPIENT Page 15 of 22 September 1, 2023
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 jurisdiction to be invalid or unenforceable , then ( a) the validity of other 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 shall be reformed without further action 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 terms ofthis Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors 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 equitable right, remedy or claim under or in respect of this Agreement or any covenants , conditions or provisions contained herein.
10.10 Survival of Terms . The obligations of SUB RECIPIENT 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 Standard Assurances of Appendix B.
10.11 Further Assurances. From and after the date of this Agreement, SUB RECIPIENT 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 complete 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 (FFATA) (P.L. 109-282) as amended by Section 6202(a) of the Government Funding Transparency Act of2008 (P.L. 110-252), full disclosure to the public of entities or organizations receiving federal 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 FFATA reporting requirements. The Transparency Act definition of "Federal awards" includes not only prime awards for grantees, cooperators , and contractors , but also awards to sub-recipients . If applicable, SUBRECIPIENT 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 Federal 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 is not already available through reporting to the Securities and Exchange Commission.
Cooperat ion with UASI Programs and Activities.
(a) Subject to reasonable terms and conditions , SUBRECIPIENT agrees to participate in UASI-sponsored exercises , and to make available equipment acquired with Grant Funds for use as part of such exercises.
(b) To the extent permitted by law, SUB RECIPIENT agrees to share with the Approval Authority informational work products (such as plans, reports, data, etc.) created or acquired using Grant Funds .
FY 23 UASI-SUBREC IPIENT Page 16 of22 September 1, 2023 ( c) To appropriately recognize the regional collaborative nature of grant funded planning projects, all groups, individuals and jurisdictions who contributed to and/or participated in the planning process shall be properly and clearly acknowledged in the final deliverable.
ARTICLE 11
INSURANCE
11.1 Types and Amounts of Coverage. Without limiting SUBRECIPIENT' s liability pursuant to Article 6 of this Agreement, SUBRECIPIENT shall maintain in force, during the full term of the Agreement, insurance in the following amounts and coverages :
(a) Workers' Compensation, in statutory amounts, with Employers' Liability 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 occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; and (c) Commercial Automobile Liability Insurance with limits 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 applicable.
11.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to provide:
(a) Name as Additional Insured the City and County of San Diego, its Officers , Agents, and Employees.
(b) That such 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 insurance applies separately to each insured against whom claim is made or suit is brought.
11.3 Additional Requirements Regarding Workers' Compensation. Regarding Workers' Compensation , SUBRECIPIENT hereby agrees to waive subrogation which any insurer of SUBRECIPIENT may acquire from SUBRECIPIENT by virtue of the payment of any loss.
SUBRECIPIENT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the SUBRECIPIENT, its employees, agents and subcontractors.
11.4 Additional Requirements for All Policies. All policies shall provide thirty days' advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason.
Notices shall be sent to the City address in Article 9, Notices and Other Communications.
11.5 Required Post-Expiration Coverage. Should any of the required insurance be provided under a claims-made form, SUBRECIPIENT shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three years beyond the expiration of this Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies.
FY 23 UASI - SUBRECIPIENT Page 17 of22 September 1, 2023
11.6 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
11.7 Lapse in Insurance. Should any required insurance lapse during the term of this Agreement, requests for reimbursement originating after such lapse may not be processed , in the City's sole discretion , until the City receives satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, the City may, at its sole option, terminate this Agreement effective on the date of such lapse of insurance .
11.8 Evidence of Insurance. Before commencing any operations or expending any Grant Funds under this Agreement, SUBRECIPIENT shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
11.9 Effect of Approval. Approval of the insurance by City shall not relieve or decrease the liability of SUBRECIPIENT hereunder .
11.10 Insurance for Subcontractors and Evidence of this Insurance. If a subcontractor will be used to complete any portion of this Agreement, SUBRECIPIENT shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Diego, its officers, agents and employees and the SUBRECIPIENT as additional insureds.
11.11 Authority to Self-Insure. Nothing in this Agreement shall preclude SUBRECIPIENT from self insuring all or part of the insurance requirement in this Article. However , SUBRECIPIENT shall provide proof of self-insurance , in a form acceptable to San Diego, in the amounts of each line of self-insurance .
ARTICLE 12
COMPLIANCE
12.1 Nondiscrimination . In the performance of this Agreement , SUBRECIPIENT agrees not to discriminate against any employee, San Diego employee working with SUBRECIPIENT , applicant for employment with SUBRECIPIENT, or against any person seeking accommodations, advantages, facilities, privileges , services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person 's race, color, creed, religion, national origin, ancestry , age, height, weight, sex, sexual orientation , gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes .
12.2 Conflict oflnterest. Through its execution of this Agreement, SUBRECIPIENT acknowledges that it is familiar with the provisions of Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California , and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify City if it becomes aware of any such fact during the term of this Agreement. SUBRECIPIENT agrees that it will promptly notify City in writing of all violations of State or Federal criminal law involving fraud, bribery, or gratuities affecting or involving the use of Grant Funds.
FY 23 UASI - SUBRECIPIENT Page 18 of22 September 1, 2023
12.3 Compliance with ADA. SUBRECIPIENT acknowledges that, pursuant to the ADA, programs, services and other activities provided by a public entity to the public, whether directly or through a grantee or contractor , must be accessible to the disabled public. SUBRECIPIENT shall not discriminate against any person protected under the ADA in connection with all or any portion of the Grant Plan and shall comply at all times with the provisions of the ADA.
12.4 Compliance with Assembly Bill 481 Assembly Bill 481 (AB-481) , codified in California Government Code sections 7070 - 7075, requires law enforcement agencies to obtain approval of the applicable governing body (Mayor, City Council, Board of Supervisors , etc.) by adoption of a military equipment use policy, prior to acquiring, seeking funding for, continuing to use, or collaborating with another law enforcement agency in the use of military equipment, as defined. AB-481 also requires publication of a military equipment use procedure and the annual military equipment report on the Agency's website.
12.5 Compliance with FEMA issued Policy 207-22-0002
FEMA issued Policy 207-22-0002 in response to Executive Order (EO) 14074, Advancing Effective , Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety, which President Joseph R. Biden issued on May 25, 2022. EO 14074 directs the DHS to prohibit the use of grant funding to purchase certain types of military equipment by state, local, tribal, and territorial law enforcement agencies and to comply with and implement the recommendations stemming from EO 13688, which established prohibited equipment and controlled equipment lists.
By accepting grant funds, SUBRECIPIENT acknowledges and certifies compliance with AB-481 and FEMA Policy 207-22-002.
FY 23 UASI - SUBRECIPIENT Page 19 of22 September 1, 2023 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.
CITY OF SAN DIEGO:
By:
:MEGAN BEALL
PROGRAM MANAGER
OFFICE OF E:MERGENCY SERVICES
Approved as to Form:
Mara W. Elliott
City Attorney
s
SUBRE
Federal Tax ID# 95-6004793
APPROVED AS TO FORM:
CINDIE K. McMAHON, City Attorney
By: ------------- i!Y; ~ Deputy City Attorney sitant City Attorney FY 23 UASI-SUBRECIPIENT Page 20 of22 September I, 2023
Appendix A - SUBRECIPIENT Award Letter
Office of
SD~ En1ergency Services
May 14, 2024
Sc;:ott Chadwick
City Man.'liger, Citv of Carlsbad
'.1200 Carlsbad Village Dr
Carlsbad, CA 9.2008
SUBJ,ECT: NOTlFICATION OF SUBRECIPIENT AWARD APPROVAL
FY 2023 I lomeland Sec;:urlty Gri:lnt Program
Gran t# 2023-0042 Cal DES IDH 073-,66000
Subreripient Pertorrnanc.e Period: September 1. 2023 to December 15, 2025 Subreripient:
Tile S,rn Diego Office of Emerge11,cv SEcrvlce:s f,5D OES) has approved vour FYl3 Urban Area Security Initiat ive (UASI) av.rard.
Reimbursement Claim
Activities: Amount: Due Date~ ------------- ----- ----- -- All P.roject:s
Project ,025 Goal 3 Trainin1iJ 1 $83,545 Decernbet lS, 2025 ' Training funds are limited to approved courses (see At:taclnnent A}.
During the application process, the UASI Advisory Group vetted, and the tJrb~n Areii Vvorklng Group (UAWG} approved your projectls). Throughout t he grant cycle, SD OES will use performa nce milestones set in the Homeland :Securily Grar1t Program (HSGP) application as indicators or performance and this information rn av be used in assessiog future competitive g.rant appllications, All activities funded wit h this ,1,w.ird must b completed with in the subredp ient perform;;i.nce period.
You are required to c:omplv with all applicable federal, state, and local environmental and historic preservation ,(H IP) requireme11ts. Additionailly,. Aviation /Watercratt ire quests, rojects requiring !:HP review, federal schE;:dule and sole source prarn rementt requests, regardless of do I lai r amount, require prio r approval from SD OES and the California Governor's Office of Emergency Services (Cal OES).
S1JbPcipients rnust olbtain written app-roval1 for these activities prior to incurring any costs, in orcler to be reimbursed (or any related costs under this grant, Su recipients are required to obtain a performa nce bond for any equipment item oVE'r $2.50,000 or <'Jr y vehicle, aircraft, or watercrflft thitt ha$ been paid with HSGP funds prior to receiving the final pro(Juc;:t{s),. Perfl)rrnance bonds mus.t be submitted to your lJASI Program Representative no later than the time of re·moursement.
FY 23 UASI - SUBRECIPIENT Page 21 of22 September 1, 2023 tviav 14, 2024
All non-RFP/co111pet!tive procurements will require a pre-prncurm11ent review by SD 0 1:S to ensure compliance. This includes inaclequate competi tion scenarios, Federal Award SchecM es (GSA), Joint procureme nt @nde;;vors, piggy-backing: 11 r<'ll ng1?me11t s, coope-rt1tive i'lgn~eme111ts a,nd non-competiNve agreements. Additionally, Cal OES p•rior approval is required for all HSGP-runded noncon petfttve procureme nts of training, regardless of the do11ar amount. per GN1M 2017-01-A_ Folio-wing a·cceptance er this av.rard, you must sign and re urn the SD OES Memorandum of LJnderstanding (MOU} as well a.s the Cal OES standard assuran e!>. Once your completed MOU and standard ass-urances are signed! and received bv SD OES, you m.av request reimbur ment of eligible:
grant exp e r.d itur e-s.
Your agency must coo r dinate wit h SD OES to prepare and :s.ubmit quart,erly pr1oject1ons ;mo milestone reporting via ema il so t hat SD 10ES can co m ply wit h the Gi-An nual St,a tegit lmp le me11 tatlon Reports (BSIR) for tihe duraition of. the grant period or until yoll complete all activit ies., a11d the gnmt is formal ly dos.ed. Fai1 11Jre to submit required reports could re5ult in grant reduction, suspem.ion, or te rmination .
This- grant is subject to all provisions of 2 CFR P~rt 200. Any funds rete ived in excess of current needs, approved amounts., or those found owed as a r,esuH. of a fin al review or audit, must be r€fonded to SO OES wit hin 30 days upon receipt of ,H"i invoice from SO OES.
Your dated signatur,e is required on thi!> letter. Please si~n and <eturn Hie original to you r ,UAS I Pro-grarn Represen tative at %01 Ridge have n Court, San D[ego CA 92123 w ithin 20 days of receipt and keep a copy for your files.
For fo rtoer assist-0nce,, p1e~$e feel rre!:t to cont act your SD OES UASI Program Representat ive at (619) 533-6758,
Sincerely,
,-/--P~-- --
Megan Beall
Pm gr9-m'rvJ.irn i;lge r .
City 9' San l})ie~o Office of Em ergency Services
Scott cfo ~ t"li
City f1Jlanager, Citv of carlsbad
FY 23 UASI - SUBRECIPIENT Page 22 of22 September 1, 2023
APPENDIX B
CCalOES
OOVE:ANl)li' S OFFI CE
. OF EMEF!,GENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representat ive of the App licant , I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional , managerial, and fina ncial capabili ty (including funds sufficient to pay any non-federal share of projec t cost) to ensure prope r plan ning, management, and completion of the project desc ribed in this application, within prescribe d 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 Oppo rtunity (NOFO); (c) Federal Preparedness Grants Manual ;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines .
Federal Regulations
Governmen t cost principles , uniform adm inistrative requiremen ts, and audi t requi rements for federa l gra nt programs are set forth in Title 2, Part 200 of the Code of Federa l Regulations (C.F.R.). Updates are issued by the Office of Manageme nt and Budge t (0MB) and ca n be found at http ://www .white house .gov/omb/ .
In the event Cal OES determines that changes are necessary to the subaward afte r a subaward has been made, includ ing cha nges to period of performance or terms and conditions, Applicants will be notified of the changes in w riting . Once notification has been made , any subsequent request fo r funds will indica te 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 authori ty from the city council, gove rning board , or authorized body in support of this project . This written authorization must specify that the Applicant and the city council, gove rning board, or authorized body agree:
CalOES
G011/i;'Ji•N()R 'S OFF ICE
_ OF EYER.GENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(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 project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
CalOES
GOVi.ltNl)R 'S OFFICE
. OF EMER.GENCY SERVlCES
Standard Assurances
For Cal OES Federal Non-D isaster Grant Programs
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal cont ract, grant, loan, or cooperat ive agreemen t, the undersigned shall comple te and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions .
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts , subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose acco rdingly .
The Applicant will also comply w ith provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and§§ 7324-7328) wh ic h limit the political activities of employees whose principle employmen t activities are funded in whole or in part with fede ral funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor 's Office of Emergency Services (Cal OES) or the federal awarding agency .
4. Debarment and Suspension
As requ ired by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and cod ified in 2 C.F.R. Part 180, Debarment and Suspension, the Applica nt will provide protec tion against waste , fraud , and abuse by debar ring or suspend ing those persons deemed irresponsible in their dealings with the federal government . The Applicant certifies that it and its subrecipients :
(a) Are not presently debarred, suspended , proposed for debarment, declared ine ligible, or voluntarily excluded from covered transactio ns by any federal depar tmen t or age ncy;
(b) Have not within a three-year period preced ing this appl ication been conv icted of or had a c ivil judgme nt rendered agains t them for commission of fraud or a c riminal offense in connection with obtaining , attempting to obta in, or performing a public (federal, state , or loca l) transaction or contract unde r a public transaction ; violat ion of fede ral or state antit rust statu tes or commission of embezzle ment, theft , forgery , bribe ry, falsification or destruction of reco rds, making false stateme nts, or receiv ing stolen property ;
CalOES
(101111.fUtOl! 'S BFF l(; fl
_ OF EIIIEFIGENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
( c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4) (b) of this certification; and (d) Have not within 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 any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal 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 Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiali ty of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Partl00. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-
CalOES
GOl/£R·NOR' S llFFi C£
_ 0 ,F EN ER.6ENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 );
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contracto rs and subcontractors, who do over $10,000 in Government business in one yea r from discriminating in employment decis ions on the basis of race, color , religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code§ 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requ irements contained in 6 C.F.R.
Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code§§ 12940-12957), 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, childbi rth, breastfeeding and medical conditions related to pregnancy, childb irth or breastfeeding), gender, gender identity, gender expression, sexual orientat ion, 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 catego ries, 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 nondisc rimination 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 d rug-free workplace and a drug-free awareness program as outlined in the Act .
CalOES
GOV£flNOR 'S OF'l:iCI!!
. OF EMERG ENCY 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 Quality Act (CEQA) (California Public Resources Code § § 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, § § 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7 401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P .L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 197 4, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
CalOES
OOIIE.flN(IR' S llFFlCfl
_ OF EMER.GENCY SE-RVTCES
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 Applicant shall not be : ( 1) in violat ion of any orde r 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 violat ion of waste discharge requirements or discharge prohibitions ; 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 funds 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 Aud it Requirements .
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by OHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award . The Applicant will require any subrecipien ts, contractors, successors, transferees and assignees to acknowledge and agree to comply 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 constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain .
11. Financial Management
False Claims for Payment - The Applicant will comp ly wit h 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), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,
-
CalOES
GOVi<ANOR'S (i FF!C~
_ OF EMER .GENCY SERVl CES
Standard Assurances
For Cal OES Federal Non-Disas ter Grant Programs
and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.
Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifie r Requiremen ts located at 2 C.F.R.
Part 25, Appendix A.
13. Whistleblower Protections
The Appl icant must comply with statutory requ irements for whistleb lower protect ions 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 Applicant will comply with the requirements of Section l 06(g) of the Trafficking Victims Protect ion Act of 2000, as amended (22 U.S.C. § 7104) which proh ibits the Applicant or its subrec ipien ts from : ( l) engaging in trafficking in persons during the period of time that the award is in effect; (2) procu ring a commerc ial sex act during the period of time that the award is in effec t; or (3) using forced labo r in the performance of the award or subawards unde r the award .
15. Labor Standards
The App licant will comply with the following fede ral labo r standards :
(a) The Dav is-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Cope land Act (40 U.S.C. § 31 45 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regard ing labo r standa rds for federa lly-assisted cons truction cont racts or subcon tracts, and (b) The Fede ral Fair Labo r Standards Act (29 U.S.C. § 201 et seq.) as they app ly to employees of institutes of highe r learn ing (IHE), hospita ls and othe r non profit organ izations.
16. Worker's Compensation
The Applica nt must comply wit h provisions which requi re every emp loyer to be insured to protect workers who may be injured on the job at all times during the performa nce of the work of this Ag reeme nt, as per the worke rs compe nsation laws set forth in Cal ifornia Labor Code § § 3700 et seq.
17. Property-Related
If applicab le to the type of project funded by this federal award, the Applicant will:
(a) Comp ly with the requ iremen ts of Titles II an d Ill of the Uniform Relocat ion Assistance and Real Prope rty Acquis ition Policies Act of 1970 (P.L. 91-64atl._/\ fl
CalOES
0 0 '11 £RN(IR 'S OFF ICle.
- OF EMERGENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
which provide for fair and equitable treatment of persons displaced or whose property is acqui red as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acqu ired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102( a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires fede ral award subrecipients in a specia l flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable const ruction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the Nationa l Historic Preservation Act of 1966, as amended ( 16 U .S.C. § 470), Execut ive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservatio n 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 terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency . Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrim ination 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 const ruction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work con forms with the approved plans and specifications and will furnish progressive reports and such othe r information as may be required by the assistance awarding agency or State .
19. Use of Cellular Device While Driving is Prohibited
The Applicant is requi red to comp ly with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wire less communications device to write, send, or read a text-based communicat ion .
•• CalOES
GO'I/FrftNOli'S l!l FFICl'!
. OF EMERG ENCY SE RV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcemen t, or similar services.
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all informa tion submit ted in the course of apply ing for funding under this prog ram, or provided in the course of an entity's gran t ma nagement activ ities that are under Federal co ntrol, is subject to the Freedo m of Informat ion Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Gove rnment Code § 7920.000 et seq. The Applicant should conside r these laws and consu lt its own State and loca l laws and regu latio ns reg arding the release of informat ion when repo rting sensitive mat ters in the grant applica tion, needs assessment, and strategic plann ing process .
HOMELAND SECURITY GRANT PROGRAM (HSGP} -
PROGRAM SPECIFIC ASSURANCES/ CERTIFICATIONS
21. Acknowledgment of Federal Funding from DHS
The App licant must ack nowledge its use of fede ral funding whe n issuing stateme nts, press releases, requests for proposals, bid invitations, and othe r documents describing projects or programs funded in whole or in p art with federal funds.
22. Activities Conducted Abroad
The Appl ican t must ensure tha t project activities carried on outside the United States are coo rdinated as necessa ry with appro priate governmen t authorities and thOt app ropriate licenses, permits, or app rovals are obtained .
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS defines personally identifiab le information (PII) as any informa tion that permits the iden tity of an individual to be directly or indirectly inferred , including any information that is linked or linkable to that individ ual. If the A pplicant co llects PII, the App lican t is required to have a pu blicly-a vailable privacy policy that desc ribes standards on the usage and main tenance of PII they collect . The Applicant may refer to the OHS Privacy Impact Assessments: Privacy Guida nce and Privacy temp late as a useful resource.
CalOES
GOV'E:ltNl)li '$ OFF ICE
_ OF EMERGENC Y SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards .
25. Duplica tion of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes , regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the fede ral 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. Federa l Debt Status
The App licant is requi red to be non-delinquent in its repayment of any federal debt.
Examples of relevant deb t include delinquent pay roll and other taxes, audit disallowances, and benefit overpayments . See 0MB Circu lar A-129.
28. Fly Ame rica Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and prope rty to the extent that such service is available, in accordance with the International Air Transportat ion Fair Competitive Practices Act of 197 4 (49 U.S.C. § 40118) and the interp retative guideli nes issued by the Compt roller General of the United States in the March 31, 1981, ame ndmen t to Comptrolle r General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In acco rdance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire p revention and control guidelines of the Federal Fire Prevention and Contro l Act of 197 4, as ame nded , 15 U.S.C. § 2225a.
CalOES
OOVE.RNl)R'S CIFJ.1Cl1
_ OF EMER.6ENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-D isaster Grant Programs
30. Non -supplanting Requiremen t
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31. Pate nts and Inte llectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act , Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financia l assistance awards made under programs that provide emergency communication 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 interoperable communicat ions.
33. Terrorist Financing
The App licant must comply with Executive Order 13224 and United States law that prohibit transact ions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this fede ral financial assistance awa rd, the Applicant must comp ly with the requ irements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions .
CalOES
GOVE:l:UHIR''S QFl'JC:E
·~ O:F EMEF!.GENCY SERVTCES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) , which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials .
37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable . The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upo n the Applicant and flow down to any of its subrecipien ts as a matte r of law, regulation, or executive order. If the requ irement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional 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 Applican t must comply with the "Build America, Buy America " Act (BABAA), enacted as part of the Infrastructu re Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure 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, occur red in the United States;
CalOES
GOVE:ftN(I R'5 OFFI CE
OF EMERGENCY SERV ICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(b) All manufactured products used in the project are produced in the United States - this means the manufactu red 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 unde r 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 Ame rica " preference only applies to articles, mate rials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure projec t. 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 " prefe rence under an infrastructure prog ram 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. App licants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of sect ion 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.
•• CalOES
GOllfHiNOli '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 financial assistance , including any and all federal and state grants, loans, reimbursement, contracts, etc .
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applican t, its successors, transferees, assignees, etc . as well as any of its subrecipients .
Failure to comply with any of the above assurances may result in suspension, termination, or reduct ion of grant funds.
All approp riate documentation, as outlined above , must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request . Failure to comply with these requ irements may result in suspension of payments unde r the grant or termination of the grant or both and the App lican t may be ineligible for award of any future grants if Cal OES dete rmines that the Applican t: ( 1) has made false certification, or (2) violates the cert ificatio n by failing to carry ou t the requi remen ts as noted above .
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference , which can be found at: https ://www .dhs.gov/publication/fyl 5-dhs- standard-terms -and-conditions .
The undersigned represents that h is authorized to enter into this agreement for and on behalf of the Applicant.
Applican t: City of Carlsbad
Signatu re of Authorized Agen t: _ _ _ _ _ +--,,----------------- Printed Name of Authorized Agent : _s_c_o_tt_C_h_a_d_w_ic_k ____________ _ Title: __ C_it....:....y_M_a_n_a-=g_e_r __________ Date : _ Z-----'B"--~-----'c, __ c_4 ___ _ Name of Jurisdiction : City of Carlsbad ------------------------- Address: __ 12_o_o_c_a_rls_b_a_d_v_·_,11a_g_e_D_ri_v_e_, c_a_rls_b_a_d_,_C_A_9_20_0_8 _________ _ Telephone Numbe r: __ 4_42_-_3_39_-_2_82_0 __________________ _ Email Add ress: __ s_c_o_tt_.c_h_a_d_w_ic_k_@_c_a_r_ls_b_a_d_c_a_._g_o_v ____________ _
APPENDIX C
City of San Diego Office of Emergency Services
FY23 Urban Area Security Initiative Grant
Grant: FY23 VASI Grant #2023-0042
CalOES #073-66000 CFDA #97.067
Supporting Information for Cash Request
Cash Request# through
------------ ------------
Cash Request Amount
------
Under Penalty of Perjury I certify that:
(Performance Pe.-iod Start Date)
Unique Entity ID (UEI)#
(Performance Period End Date)
The total amount of funds requested pursuant to this Reimbursement Request will be used to reimburse SUBRECIPIENT for Authorized Expenditures , which expenditures are set forth 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 maximum amount set forth in Appendix A of this agreement for specific projects and programs.
The representations, warranties and certifications made in the Agreement are true and correct in all material respects as if made on the date hereof, and SUB RECIPIENT is in compliance with all Grant Assurances in Appendix B of the Agreement. Futhermore, by signing this report , SUBRECIPIENT certifies to the best of their knowledge and belief that the report is true, complete and accurate and expenditures, disbursements, and cash receipts are for the purpose and objectives set forth in the terms and conditions of the federal award. SUBRECIPIENT is aware that any false, fictitious or fraudelent information or the omission of any material fact, may subject SUBRECIPIENT to criminal civil or administrative penalties for fraud, false statements, false claims or otherwise .
No Event or Default has occurred and is continuing.
The undersigned is an officer of SUB RECIPIENT authorized to execute this Reimbursement Request on behalf of SUB RECIPIENT.
Printed Name:
Title:
Mailing Address:
Remittance Address:
Signature
Mail Reimbursement Request To:
City of San Diego Office of Emergency Services
Grants Management Section
9601 Ridgehaven Ct, MS 1101 C
San Diego, CA 92123
Phone Number:
Email Address:
Date:
Cover Sheet (Invoice)
Office of Emergency Services
FY23 Urban Area Security Initiative Grant Program
Award #2023-0042
CalOES ID #073-66000 CFDA #97.067
Reimbursement Request (Invoice)#
Mail Reimbursement Request To: Date:
City of San Diego Agency:
-----------Office of Emergency Services
Attn: Grants Management Section
9601 Ridgehaven Ct, MS 1101 C
San Diego, CA 92123
Expenditure Period:
Type of Expenditure
Equipment
Training
Planning
Organization
Exercise
Total
Unique Entity ID (UEI):
-----------
--------------------
Project# Reimbursement Requested
$ -
For questions regarding this reimbursement request contact Name
Phone
Email
Remittance Address (Address check will be mailed to)
Jurisdiction:
Office of Emergency Services
FY23 Urban A1·ea Security Initiath 1e Grant Program
Training/Exercise Costs Detail Worksheet
------------------------
Grant: FY23 UASI Grant 112023-0042
CalOES #073-66000 CFDA #97.067
Delive1-y (Tuition
Course / Registration /
Materials)
Total $ -
Overtime&
Backfill
$ -
Travel (Minus
Tuition/
Registration I Total EMA
Materiabl
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ - $ - 0
Expenditure Period: ________ _
Date:
---------
Attendee Breakdown by Discipline
EMS FS GA HZ LE PH PSC PW Total
0 0
0 0
0 0
0 0
0 0 0 0 0 0 0 0 0
NOTE: 0. T.fr inge beneftJs are limited to FICA, Worker's Compensation and Unemployment Compensation. Each jurisdiction must ensure that reimbursement requests do not include any other 0. T. fringe benefit expenditures . Other fringe benefit costs must be absorbed by the jurisdiction.
Grant: FY23 UASI Grant #2022-0042
CalOES #073-66000 CFDA #97.067
Cash Request #
Project Consulting Finn Number Project & Description of Senri.ces Office or Emergency Scn •ices
FY23 Urban Arca Security Inititil•c Grant Prngram
CONSULTANT/CONTRACTOR
DeLi'\'erable Discipline Solution Area E:-..i>endiblre
Category
thro ugh
(Performun c;, Period Stan Datt) (Perronnan a Period End o~t e) Billable Bour Breakd0l\' n
Total Salary& Tobll Period of Benefits Hourly/Billing Total Project Charged to Expenditure Charged for this Rate Hours Grant Reporting Period
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Gra nt: FY23 OASI Grant #2022~042
CalOES #07H6000 CFDA #97.067
Office of Emergency Scn ·ices
FYlJ Urban Arca Security lnititi\'e Gr.mt Program
PERSONNEL
Cash RequeM# =========,-. through
:allim Period of Expenditure .Star I D•te: (C.11im Period of Exrcnditu~ End Date) Project
Number EmpiO)'CC Name Backfilling For Project/Deliverable Discipline Solution Arca Period of Expenditure
Billable Bour BrCllkdown
TotalSalaJ)•&
Benefits Overtime Total Project Tolal Charged
Charged for this Hourly Rate Rate Hours to Grant
Reporting
Period
APPENDIX D
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
City of San Diego Office of Emergency Services
PERFORMANCE PERIOD EXTENSION REQUEST
Subrecipient Name: __________________________ _
UASI FY: -~2~3_U~A~S~I _______________________ _
Project:
Project Title:
Total Amount Allocated:
Amount Expended:
Original Performance Period Deadline:
Requested New Performance Period Deadline (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:
Equipment & Description Cost AEL
number
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
FY23 UASI Performance Period Extension Request
UASI FY23 PERFORMANCE PERIOD EXTENSION REQUEST
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
PROJECT #--:
TOTAL
All Investments TOT AL
FY23 UASI Performance Period Extension Request
FY 2023 DHS Standard Terms and Conditions
The Fiscal Year (FY) 2023 OHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2023. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2023 OHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs standard-terms-and-conditions.
A. Assurances. Admjnjstratjye Reau;rements. cost Prjncjples. Representat;ons and certjfjcat;ons
I. OHS financial assistance recipients must complete either the Office of Management and Budget (0MB) Standard Form 4248 Assurances - Non Construction Programs, or 0MB Standard Form 4240 Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the OHS financial assistance office (OHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.
II. OHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by OHS at 2 C.F.R. Part 3002.
Ill. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
B. General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing OHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any OHS compliance reviews or compliance investigations conducted by OHS.
II. Recipients must give OHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel.
Ill. Recipients must submittimely, complete, and accurate reports to the appropriate OHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass through entities) of federal financial assistance from OHS or one of its awarding component agencies must complete the OHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of OHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to [email protected] . This tool clarifies the civil rights obligations and related reporting requirements contained in the OHS Standard Terms and FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
Conditions. Subrecipients are not required to complete and submit this tool to OHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs civil-rights-evaluation-tool. OHS Civil Rights Evaluation Tool I Homeland Security
The OHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq .dhs.gov prior to expiration of the 30-day deadline. c. standard Terms & Condjtjons
I. Acknowledgement of Federal Funding from OHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained .
Ill. Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code,§ 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, 11, and Ill of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. OHS defines 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 individual. Recipients may also find the OHS Privacy Impact Assessments : Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Rights Act of 1964 - Title VI
VII.
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financia l assistance. OHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
Civil Rights Act of 1968
Recipients must comply with Title VI 11 of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing , and advertising of dwellings, or in the provision of services in connection FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
therewith , on the basis of race, color, national origin, religion, disability , familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development 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 individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)-be designed and constructed with certain accessible features . (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright
IX.
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards .
Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspensio n regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by OHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards , subawards , and contracts with certain parties that are debarred, suspended , or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drug-Free Workplace Regulations
XI.
XII.
XIII.
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government wide impleme ntation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies ; to avoid restrictions imposed by federal statutes, regulations, or federal finan cial assistance award terms and conditions; or for other reasons . However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes , regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financia l assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financia l assistance award terms and conditions ; or for other reasons.
Education Amendments of 1972 (Equal Opportunity in Education Act} - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C . § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discr imination under any educational program or activity receiving federal financial assistance . OHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
E.O. 14074 -Advancing Effective Accountab le Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agenc ies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
XIV. Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.1 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
XV. False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XVI. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See 0MB Circular A-129.)
XVII. Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.
XVIII. Fly America Act of 1974
XIX.
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a XX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 XXI.
Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to OHS recipients, subrecipients , and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
Limited English Proficiency (Civil Rights Act of 1964, Title VI} Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which 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 .
For additional assistance and information regarding language access obligations, please refer to the OHS Recipient Guidance: https://www.dhs.gov/guidance- published-help department- supported-organizations-provide-mean ingful-access-people-limited and additional resources on http://www.lep.gov.
FY 2023 OHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
XXII. Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financia l assistance award may be expended by the recipient to pay any person to influence, or attempt 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 any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment , or modification .
XX:111. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXIV. Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is OHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by OHS or its component agencies , enabling those organizations to participate in providing important social services to beneficiaries .
Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicab le statues, regulations, and guidance governing the participations of faith- based organizations in individual OHS programs.
X)0.J_ Non-Supp lanting Requirement
Recipients receiving federa l financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
X)0.JI. Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
X)0.JII. Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development , reporting, and disposition of rights to inventions and patents resulting from federal 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.
X)0.JIII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 ( 1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable , consistent with maintaining a satisfactory level of competition.
XXIX. Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides FY 2023 DHS Standard Terms & Conditions: Version 2 November 29, 2022 FY 2023 DHS Standard Terms and Conditions
that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
XXX. Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements , and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
XXXI. Reporting Subawards and Executive Compensation
Reporting of first tier subawards .
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions .
XXXII. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients must comply with the "Build America , Buy America" provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(1) 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;
(2) 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
(3) all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, 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.
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Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements . Information on the process for requesting a waiver from these requirements is on the website below.
(a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construct ion materials produced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov.
The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the "Build America, Buy America" provisions.
Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process .
XXXIII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications .
XXXIV. Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXV. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons.
Recipients must comply with the requirements of the government-w ide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.1 5, the funtext of which is incorporated here by reference.
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XXXVI. Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
XXXVII. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c .
XXXVIII. Use of OHS Seal Logo and Flags
Recipients must obtain permission from their OHS FAQ prior to using the OHS seal(s), logos, crests or reproductions offlags or likenesses of OHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXIX. Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
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SAN
DIEGO.)
Jurisdiction : City of Carlsbad
Office of Emergency Services
Signature Authorization Form
FY 2023 Homeland Security Grant Programs
Date Signed: _______ _
The below named personnel are authorized to sign for the following Homeland Security Grant Programs: Urban Area Security Initiative (UASI).
NAME
TYPED/PRINTED
Michael Calderwood
Christie Calderwood
Jennifer Marinov
Deborah Baird
Amanda Simpson
SIGNATURE
TELEPHONE
NUMBER
442-339-2141
442-339-2216
442-339-2135
442-339-2240
442-339-5054
E-MAIL ADDRESS
Michael.calderwood@ carlsbadca.gov
Christie.calderwood@car lsbadca.gov
Jennifer .marinov(a),carlsbadca. gov
Deborah. [email protected]
[email protected]
This form supersedes all others for above indicat d juris iction. Requests for reimbursement signed by staff not identified in this form will not be processed.
Authorized Agent Printed Name and Signature
Mail form to City of San Diego, Office of Emergency Services, 9601 Ridgehaven Ct, MS 1101 C, San Diego, CA 92123 Or Email to [email protected] -
Phone No.