HomeMy WebLinkAbout55A - FY 2009 EMERGENCY MANAGEMENT PERFORMANCE GRANT REQUEST FOR
COUNCIL ACTION ~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
DECEMBER 7, 2009
TITLE: APPROVED
FY 2 0 0 9 EMERGENCY MANAGEMENT ? As Recommended
PERFORMANCE GRANT ? As Amended
? Ordinance on 1S' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
tr~~ C~"" FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution authorizing the City Manager and the Fire Chief to
submit a grant application through the State of California for the
U.S. Department of Homeland Security, 2009 Emergency Management
Performance Grant Program.
2. Authorize the City Manager and Clerk of the Council to execute the
attached sub-grantee agreement with Orange County Sheriff's Office in
the amount of $25,140, subject to non-substantive changes approved by
the City Manager and City Attorney.
3. Approve an Appropriation Adjustment recognizing the 2009 Emergency
Management Performance Grant funds and appropriate the same into the
2009 Emergency Management Performance Grant expenditure account.
DISCUSSION
The State of California Office of Emergency Services is responsible for
implementing the United States Department of Homeland Security's
Emergency Management Performance Grant Program (EMPG) The funds cover
salary costs for SAFD personnel attending various Operational Area
Emergency Operation Center planning and training meetings, and
miscellaneous equipment for the City's Emergency Operation Center.
55A-1
2009 Emergency Management Performance Grant
December 7, 2009
Page 2
FISCAL IMPACT
Approval of the appropriation adjustment will increase anticipated
revenues in the Fire Department 2009 Federal Grant - Indirect revenue
account by $25,140 (account no. 1461500252001) and increase the 2009
EMPG Grant, expenditure account by the same amount (account no.
14615362-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Marc Martin Francisco Gutierrez
Fire Chief Executive Director
Fire Department Finance & Management Services Agency
55A-2
jas:120109
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE CITY MANAGER AND
THE FIRE CHIEF TO ACT ON BEHALF OF THE CITY TO
OBTAIN 2009 EMERGENCY MANAGEMENT
PERFORMANCE GRANT FUNDS THROUGH THE
COUNTY OF ORANGE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines and
declares as follows:
A. The State of California Office of Emergency Services is responsible for
implementing the United States Department of Homeland Security,
Emergency Management Performance Grant Program, which provides
funds to build state and local emergency management capabilities.
B. The County of Orange as a subrecipient of 2009 Emergency Management
Performance Grant funds, will provide funds to local governments for
implementation of countywide emergency management capabilities.
Section 2. The City Council of the City of Santa Ana hereby authorizes and directs
the City Manager and/or the Fire Chief to execute for and on behalf of the City, a public
entity established under the laws of the State of California, any actions necessary for
the purpose of obtaining federal financial assistance provided by the federal Department
of Homeland Security and subgranted through the State of California.
Section 3. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2009.
Miguel A. Pulido
Mayor
55A-3
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Joseph Straka
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF PUBLICATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A-4
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.~GRFE~IE\T TO "TR.~tiSFER Ft~~DS
FOR 20!19 E:~IE;RGE\C1 ~1:~\:~GE~IE;\T PERFOR11:~1CE C;R.-~:'~~1' YRUGRA~I
1 THIS :At;RF E:~1E:A~C i~ cnttre;l u1t~~ this da~~ of ~>~:~_~'.~cr'ItI?~i ~.~hich date is enumerated
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~ ~ f.~r j~lll'.illjCl i~} 1~cfe','CI]~C ni}l~ itA' ;I 1d h:,'.ti.~l'l'n t~le ~ ~ ~ OF" OIL:1~Crf:. hl~hUCai ~uihiiA~1~IUn t+}~
{ the State of Caliturnia. hereinafter ref~crred tc~ a:..(,Ot.~V`I'1'." and 1~;~ (~i:_ `;<~~r,.~ - a mcmicipal ,
ec~rporutioll, hercinattcr ret~I~-~d to as "SL~I3GR:~V"I-El~."
9 ~~'HEREaS. CO~'\ll', actin`a through its Sheriff-Coroner Department. hereinafter referred to
U a~ SH I~KII-`F. in its capacity as the lead agenc~~ for the Operational :area. has applied tor. recei~ ed and
~ i I 1 u a :?~~dl"n<~r ~ OtfiCC of F.III~r,i;li~1
~ acec} tcd ,llc f: ncr,,e.:~" . 1.~_Li~en.;,:., I'crf~nllancc Grallt fC3II1 the G
~ ~ .`cl 1~ IItt:ICIL~ll~ef r~il'I (c~i lv a~ ~IIIC ~~ral]I ~
~'~'IiERE.~S. ~',,c }nl,~x~~e ci th,: grant is to support ~onlprel;ensi~e c;Inergenc~~ management at
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i.l~ ~i;i;~, II'?ha, all~i 1~`~.ii l~'~~_ ,EI:~: iii C1;Ci...r:1~.'_C 111C illlpil~`~ClIleni Uf m1I1_allUii. prcparcilnC~~, re~Dc~ll~e
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~ ~I~iii]a 1C~~~'«I"~ ~a'~illlit[11~~ ;~.~i' dil I:,1/~iI'(2~_ 'd~ ~~I fi~["If1 In .'~ttcll"}?niePi E~C'-elt~ {(i~) 1~\Il'Ci i~l-;~'~rI'l~
CE ~cli"rE;I ',Cy, llIll~1 1~ :i'.tCt~l]~',l; llcr~I~! ;I:Li I:ILUI-pUI'aec1 hC'rCln 11~ Il'}l:I~l':ice.:.
i~ \01~, II(E.fZE.}•t)RE.. Il I5 ~ICII At.l,l .~(~1ZI;E.D:~S EO1.1.(1~~5:
i C'OL\Tl~ :hail tlallster t~~ SI,BGIZ~~~fEE ~zrant funds. in arrears. as nece~ar~ t~~ ~
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...!'~1.1~~ Jl_ i3~.tli. 1 t'.[. i.::e.i~~ ~1G('':e alis p1;1~1iiJJl~le, eS}?cliult.il~~ il~r l~~e '~ranl :111I~pUi~~. 111 ~?r~3CI'
.C! t~~ ~~bt~~in ~aranl fund. S~ 13vK_1\ I'EE shall compl~~ «°ith the instruction; and submit tr SHERIFF ali ~
~i reC~UlCeit 1nli!rlllati011 nd il~~~iIIP.CIIIaII~?iL :9~ ~l't ~OI'th III :~tla~li111~'Iit (3 11:~Ih(1 (~11:~ :~L)}111Cat1t~11) 111"l'tO.
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«'111c11 l~ attic}ICej IICI'ttU alld lI1COT~C~rated here111 17~~ rCtCrenCe.
23 2. Throughout. their useful life, SUBGRAN`I'EE shall use grant prvpert~ and equipment
?-1 c>nl~~ fur ~,:r~u~t purpose, in ~acu~rdance ~~ith .-attachment hereto.
Sl_;E3GR:~!~'1'EF shall exercise due care to presene and sai~e~a~tard ~arant propert~~ and
eC{UI}ll1'.tllt frl)nI d;Im.I~e :~I' de~tl"Ui l.`Il al7il shall prc~clde rC:"Ular lllltlt;l~11.'s11~~ ,ll~.i~ ~U~h C~pall"~ f~'~I' ~?r~lnt
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' }~rol?cr'~ ;1nd c°l}Ulp;i'~~ti a~ ;Ire I:~ceti<~„r~~, lll i)rCler tl) keel? ia1Cl ~'T;11?t h:~~pZl't~~ and ~l~Ulplll~Ilt
~ontrn:aii~~ in food ~rorkil;~~ order.
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(f Tan! prupcrty~ or equlprnent becomes obsillctc. S~ E3G(Z.~'~"f~F:l: shall clispo~c ui~ it
~ rn1v in accordance u~itll the instructions i~f C'Ol.'V"r~" itr the a~~encv fhom vv~hieh COC\TY receiv~rd the
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'rant funds. i
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~ lIljl1ll11a(1(?n lii accltrdalli:~ A\Itll 1'ci~i111~cIllll'iIS >CI illlt in LhC :~llalhlll~itl ~ ~i:inCr~~%]1CV ~Iana,~Cllleni
Ctt~.! 1 :nli'c' CE.aI., I ~i Il; tZc~;i - v,It:L. ~tlllCj: ,:1 ...;i11iC] t> I ISC~. :I: 1 1.
~ 1Ah1CI1 (1tiElched hl'1'cftt ;tnd ]ncilrphr~lte~l I1eCC111 hV' refereflce.
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~ B~ ~x~cutin~~ this :~~~r~cn~ent. Sl: BGR:1tiTEE a~,rc~s t~~ c~~nlpl~ ~~ith and b~ i'ull~ I
~ rin;nd by thie A~~reement .md all appli~ahle ~rrn~isi<,ns of .attachments l3 .~I 1) tCr ;a
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IU ~ _a .~,::r~.,~~i hereto. SILiGR.aV~T'E,E; shall notit~v~ COL'\T~` imntediatel~ upon disa~v~erv~ that it has not
I I ~ abided i~C llll Illli~er ~~111 abide bV~ an'~ ap})il~ahlL hI"ciA'1sli)I7 of t]il~ ;~~rec.llleIlt UI' ~lttdl:ilIlldlll~ 13. i)
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i ? ~ hereto.
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~ I ~l:i3Gi~_~:~TEE and ~:iii.: i ;hall ilc subjc:~t t~] ~.~anllnat1c1I1 and ~luciit b~ the 5!u(t j
I ~ ~ :~v:i~i1.C. LJ~I;I'I.li „ l;h 2;i}t'~[ It'~ il;I. ~uli~nt Iitid pc:I-l~~il iii 1110."~ „i'~ ,,t~l~ il:~al 113t~1I1C]'i:
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;t I, ~ i~. A~ IjLi{Z:~~ I i_~' a~~I~~.~ i~ti ii~ic°IllnllV', ilCicnil aili': ~:1\ t' ii;ll liil~~~ t Of ~ ' ~ :iilil tht"
~ ,1,cI1C_ aa... ~t:~l': L l?~ ~ ~ _i iUI:.I<, alid tltelI' cis, ed ,.Iid :Pp~~mtcil i~iilClal>_ i~ltlccC~. j
I ~ a~~cnl~ atltj cln ilo~ ec'~ rI'i`Ill ;1??\ all]] all Clalms 'dnd losses ~1Ccrtlln~? i?i rC~llltlt?'_' an\" ;lnd all C(~nlI".1ClltCS. ~
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1`f ~lih~i~nlfaclt~l'~. lal)ttl'~I'~. atlu all\ i~tlli;i" i7Cr~hn. IlI'm ill' cttl~l~)raIIC~11 Iill'lil~lllll~~ ~tI' U}?}'1VlIl'~ 1~t~I"k~.
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~U serv ices, u.aterials ~~r supplies in connection v~~ith SliBGR:~'~'1'1;E's performance of this :~~neement.
~ -_n~;ueiin" .~tta~hlnent; i3. C. hereto. at;ti icon] an~° and :1?1 cl,lims ;lnd 1<ls;es accruing ~tl~
resultin~_ t~l anv~ ,~r,on. firm. oI' rareoration ~~,~ho may' he injured ~?r dama~~
_ l ' , I ed b~ SUBGR_~\"I~EE in the
perfurnlunce of this .~grcement, includin~~ .~ttaehments :1. B, C C) hereto.
i(l. A~~ alteration ur v~irialiun <~fthc lends o#~this .<~~recnlent Shull be valid unlcs> made in
2> ~~~ritin~, and si~~ned bv~ dul~~ authorised r~pretientati~~es of the parties bereft], and no ~>ral und~rstandin~ or
a~~r~~mc'I1l n~~t Iil~i)rhi?1";1lC~l hCI'~lil ~hafi I)l' 1llIltj]Il~~ 1117 ;~nV~ l?f lht (~~lrtll'~ h~I'~t~t.
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1 SL~f3GR:~V~hF:F Illav~ nut ~ls;i'an thi ;1~reement in ~~i:i_~le or in part ~l~ith~~ut the c~{~re,s
'a~littell consent i~t ~ OL:\T~'.
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Fcirr_;n.. \laaa_:n:rnt lzcnl+r:n~acc Gr.:nt
f):, :~va_!~,t,.l-}{ranr(n:': ~~~un('. t'a<<~ . ?f -l
55A-6
1 I I or a p0i'li?d lit tllrCe ~c"rs ~litei• t1nal p~i~'Illelll hereLln~lct' UI' U17fII a1I Clallil~ 1'elatcd 10
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? this .-~'~rec:m~nt arc finall~~ settled. ~~hi~he~~cr i~ later. SI~BGR:A~"I~Ft~ ;I~~II1 },res~r~~c and m~Iintain sll ~
_ documents. papers anti records rele~~aut to the work pert~~rmed or prep<°rt~ or equipment aaluired in
-s• ~ ~ !;l,li?~IanCe 1'• Itll :;115 : ~~Ii:CI,.L:ii. ~~.~U~iiP.~ . ~ti:l~Ililil;n[5 I3, L ~ :terclV. I .iA~ S,lia~' 1i131e '
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period, BGR.a\TFI: ~h~Ill make .I'.d di~~runlents, papel-s :Ind records a~ ailable to C~O~ V~Tl' and the
r, ~ ri`'1. l _.~T \ 1 \ :,I ,.illd' tI`C'.; .I.:I_ ...I?I'<<~:7; Ci: „pI~>CI'...11i`•:f•1, i~~i
e~aminatiun. cupping. or mechanical rchr~~d'~.IC~ion on or oi'' !1~~ prtmi~e~ n(' `;L~I~C3R-\\Tl-E. up}~n
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~ request. during usual ~',•orking hours.
1?. St`I3GR:1''~•I'EE shall pro~.~ide ro Cnt`?~'TY all records and information I-cqucstcd b~~
lu C't~~V~I~1" ter inclusion in quarterly reports and such other reports or records as CUl_~A"I~~' may he
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i l ~egli,rl'd t~'~ I1ro\Shc' io the al:CI1C:+ Irliiii `.~'hl;;h LUL'~ I1 re~Cl~ed Lrai]t tllild5 sir JII'~el' pClSOiis of
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I ~ ~ i-+. COQV_L~. nui~ tenninatc: this ;'',~,reement and be reiie~ed ~>t~ the; payment ot~ any ~
lY ~ ~ol3~i~ICr:iti~111 C~; JL I3C1It_•1~ IL's 1 X11 Jl. Ei'.ll<.-~~ l LL ldiii iii p~l'tor11? aav t1I Tile C~~V~1i:.1115 Contilnle~l '
I~ I~~ t{~.- :~Lr~Clh"',t. !?~~.~.IiI'.'~n +1 It,'?hl~ r,•-„i. i`I .~tt.?l~ll.1:'`tc I3. ~ ,.~I"et~:~, :1' tl•. ?I.'..~ ~
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I'~ Ii~'l' :i.<<::nel i?~IC1'.: h1-i)V-i~Icll, , Y i ~l_)i. ~ i ~l .~.~~C> IundillL' Ull~t~°I' ifa .~r;3ili. iii Tile ~ ~ e:a ~?I l.~ill"einall+'ll. -
~ U~ ~ i .;;t'~. ~r~tiec ~ • :fi] II1C `.AC~~ I > > 1„~~
~ ~ I b..,.. _ Ir,;inner ~iccnlc~. p,, I. cr C UL V~I
1 ~ ~ l SIBGR.~tiTFF. anci its a~~ents and cmplovees shall act in an independent capacit~~ in the ~
~ ! t~ hl'TIo;11I~in~~ ~~1 tllls :~Lrl;l:nleni. 1tl~lilUllt~' :~i11J1i111::1115 l _ iJ Ili?'Ctv. and ShI11I n~~i ~t
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_'U considered ofticcrs. agents or emplo~~ees of CUC\~"1'Y or SHf:KIi~F ur of the a~~enc~ from ~',~hich
C~C)l~\I-l~ rc;ci~~c~l _r~Int ;~uncis.
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Ft~iereen~'..A,anaiement Periomi2re Gr,:^,:
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1 I~ IN ~i'IT?~ESS w'HEREOF, the parties have executes ti,.is Agreei:7ent in the. ('our.ty ~f Grange,
2 I I State of California. I
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:):'.I i-:L): _ :ti;;~;iy~ Ci,= C_!R:~\G~, poii:i
su'~di~~ision of the State of California f
E S!:ei^f` C'orianer
s
APPROVED AS TO FORM:
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CGI.~TY" COT;tiSEI.
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i Aicoke A. Sims, Deputy j
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1g i :ire chief, ~~7arc E. "7artin !
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ATT~ ST: !
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Ci:y Clerk ~
22
23 ~ DATED: ,2U0I
24
26
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EncrgrncyV,snagcr..r,~ Prbr~•anec Grr. t gage 4 of '2
Depa~t;ncnt u: iorneland Seccr;;~ PB~C + of ~ '
55A-8
2009 EMERGENCY MANAGEMEN"t PERFORMANCE GRANT
FUNDING ALLOCATION
Funding allocation is bated upon the population figures from the l alifbmia i~epartment of F'inancx. Januan ?009 Cities end Counties Rankin b~
Sizc. tiumeric and Perccntagc Change. Sacramento. Ca(itomia '~1a. ?IH)4.
'~t )~I~F: I~hc~: tlu~din~ allocations arc suhj~~ to change bax;d upim the number of cities which apph~ and complete the activities :~nx;d to an the
Application Forrn. Funds aJlowtcd to rides which do not appl} or do not complete all the ~r~d to activities will tx^ reallocated anumgst grrun
participants.
Oran =e County Operational Area Allocation $ 446.880
Oran~~e County O eratianal ,Area I:mertency Management S '_2 3.440
Legislative and Grant Tracking (OA Executive Board a roved) $ 10.000
Estimated distribution to Cities (based upon all cities artici atin ) $ 213,440
Total Population
ORAIrGE COUNTY CIT[E:S :~s of r-t-09 Percent Proposed :1lbcation
1 ALISO V1EJ0 45,683 LS% S 3,229
2 ANAHEIM 348,467 1 LS% S 24,b32
3 BRE.A 40,176 1.3°~o S 2,840
4 BIJENA PARK 83,385 2.8% S 5,894
5 COSTA MESA 116,479 3.9% S 8,233
6 CYPRESS 49,647 1.6% S 3,509
7 DANA POINT 37,082 1.2% S 2,621
8 FOI,IN"i'A[N VALLEY 58,309 1.9% S 4,122
9 FL''LLERTON 137,624 4.6% $ 9,728
10 GARDEN GROVE 174,715 5.8% S 12,350
1 I HUNTINGTON BEACH 202,480 6.7% S 14,313
12 [RV[NE 212,793 15,042
13 LAGI?NA BEACH 62,822 1 4,441
14 LAGUNA HILLS 6,205 0.5% 1,145
15 LAGUN.A NIGUEL ,208 1,782
16 LAGIJNA Vb'OODS 34 1.1°ro 2,363
17 I_,A HABRA OI 2.2% 4,750
18 LAKE FOREST 7 0.6% S 1,306
19 L.A PALMA 2.6°,/o S 5.538
20 LOS ALAMITOS 12,217 0.4% S 864
21 MISSION VIEJO 100,242 3.3% S 7,086
22 NEWPORT BEAC 86,252 2.9% S 6,097
23 ORANGE 141,634 4.7% S 10,012
24 PLAC'ENTIA 51,932 1.7°,/0 $ 3,671
25 RANCHO S.ANT.A MARGARITA 49,704 1.6% S 3,513
26 SAN C'LEMENTE 68,316 2.3°ro S 4.829
SAN Jt!AN CAPISTR,ANO 36,870 1.2% S 2,606
28 SANTA ANA 355,662 l 1.8°~o S X5.140
29 SEAL. BEACH 25,913 0.9% S1,832
30 STANTON 39,480 1.3% S 2,791
31 Tl';S~I'I'.`' 74,825 2.5°io S 5,289
32 VILLA PARK 6,276 0?% S 444
3 ~ WESTMINSTER 93,284 3.1°.b $ 6,594
34 YORBA LINDA 68,399 2.3% S 4,83$
Total for Orange Counh~: 3,019,537 100.0% $ 213,440
CFDA 97.042
emergency Management Performance Grant
Qepartment of Homeland Security
55A-9
SHERIFF-CORONER DEPARTMENT SANDRA HUTCHENS
COUNTY OF ORANGE SHERIFF-CORONER
CALIFORNIA UNDERSHERIFF
JOHN L. SCOTT
HOMELAND SECURITY DIVISION EXECUTIVE COMMAND
264a SANTIAGO CANYON RD JACK ANDERSON
SILVERADO CA 92676-9791 JOHN B. DAVIS
17,a> sal-7ooo September 3, 2009 RICK DOSTAL
MICHAEL R. HILLMANN
MIKE JAMES
Dear Sir or Madame:
~fhe Orange County Sheriff-Coroner Department (Sheriffs Department), acting on behalf of the Orange County
Operational Area, has received authorization to begin spending of FY09 L'mergency Management Performance Grant
("F.MPG") fiends.
"fhe CD provided today contains the following docwnents:
- City Application Form - I~ransfer Agreement
- Draft City Allocations - City Claim Fonn
- County Program Narrative - State Grant Guidance
- Grant Assurances - Federal Grant Guidance
Please complete the following steps:
l . Notify Michelle Anderson if your agency does or does not intend to apply.
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2. Complete the City Application Form.
o Have the .Authorized Agent sign the application cover sheet (page 1).
o Have the City Manager sign the application form (page 2).
o Complete the Project Goals and Objectives, aligning your goals to those of the Uperational Area.
o Complete the Budget Sheet.
o Include a completed Governing Bod}' resolution (sample format provided).
3. Grant :lssurances: Have your Authorized Agent sign tour originals of the Grant Assurances. i
4. Agrecrnent to "1"ransfer Funds for 2009 Emergency Management Performance Grant: Complete four
originals of the transfer agreement.
o Fill in the blanks on page 1.
o F{aye page four of each agreement signed by }'our Authorized Agent and signed%sealed by the City Clerk.
o Do not complete any of the attachments included in the agreement; these are for reference only.
Return the application, governing body resolution, and transfer agreements to Michelle Anderson by October 31, 2009.
If you have any questions or need additional information, please contact me at manderson
u-ocsd.org or 714-628-71 ~8.
Sincerely,
~4ichelle Anderson
Grants Manager, Homeland Security Division
Orange Count? Sheriffs Department
PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOW/NG CITIES AND AGENCIES: ~
ALISO VIEJO DANA POINT . LACUNA HILLS • LACUNA NIGUEL • LACUNA WOODS • LAKE FOREST .MISSION VIEJO
RANCHO SANTA MARGARITA .SAN CLEMENTE SAN JUAN CAPISTRANO STANTON VILLA PARK
OC PARKS DANA POINT HARBOR .JOHN WAYNE AIRPORT OCTA SUPERIOR COURT
55A-10
GYd9 Emergency'_Vtanagement Performance Grant
City Application Cover Sheet
Applicant (City}: City of Santa Ana
Authorized Agent Information: Contact Information:
Fire Chief, 1'Iarc E. ~'Iartin Capt. Steve R. Snyder
Namc of Authorized Agent Name of grant contact person
1439 S. Broadway Street _ _ _ ssnyder(dsanta-ana.org
Ntailing Address Contact Email Address
Santa Ana, Calif. 92707 714-323-4028
Cite. State. Zip Code Contact Phone Number
Maximum EMPG Amount Authorized (from Allocation Shect} 2.140
"I•otal ,Amount Requested from Budget Worksheet 25.140
Application Checklist -All items hclo«~ must be attached to this coversheet
® EMPG :application Form ®City Council Resolution
® Project Goals & Objectives ®Grant Assurances
® Budget Sheet (~Of50 Match)
Statement of Certification -City Authorized Agent
B}~ si~nitr~ helolt~, I her-ehy cer•ti/y that I unr the duly appointed Atrthori~ed AgerTt crud hai•e the authority to
upph° for• the 1~•~' 2009 Homeland Security Grunt Progr•um, and the City's application represents the needs for
the F.•nrerKenc.~ .Llunu etrter~t Per orrrrarrce Grur7t.
K ~
Marc E. 'Martin
Signature of Authorized Agent Printed Name
Fire Chief 10/26/09
I~itle Date
Emergency Management Performance Grant Application Form
For the Period July 1, 2009 through June 30, 2010
55A-11
Federal Fiscal Year 2009
It is hereby agreed that the City of Santa Ana
shall meet the following requirements to receive an Emergency Management Performance
Grant for the Federal Fiscal Year 2009:
To receive 100% of your city's allocated funds you must complete all of the items below. Completion
of individual items below qualifies the city to 33.3% grant funding.
1. A city representative will attend at least half of the OCEMO meetings conducted during the
grant performance period.
2. The city will participate in the Operational Area (OA) functional exercise, drill or OA Emergency
Operations Center (EOC) activation during the award performance period by:
® Activating their City EOC.
® Providing staff to support the OA EOC.
® Providing staff to another City's EOC.
Note: If no OA Exercise/drill is conducted then the City will automatically be eligible for this
portion of funding.
3. A city representative will participate in one of the OCEMO subcommittees as chair, co-chair or
active member.
Note: The City will receive a per capita allocation of the total funds available to cities, dependent upon
the number of cities that are participating in the EMPG funding program. The city will complete the
Orange County Operational Area EMPG Activities Certification Form which must be attested to by the
City Manager or designee.
City Manager Signature:
Date:
2009 EMPG Project Goals & Objectives
Applicant Name: City of Santa Ana
Operational Area Goals:
I
55A-12
• Promote Continuous Improvement: Implement after action report recommendations. lessons learned,
and oversight committee recommendations. Utilize the lessons learned from previous exercises.
emergencies, disasters, and oversight reports to develop strategies to improve operational effectiveness.
• Support and Train Personnel for the Deeds of Operational Demands: Provide core competency support
and ensure staff is well trained, their professional gro~~rth is fostered, and have the support/tools they
need to complete their work.
• Enhance Communications Capabilities: Explore, develop, and enhance Internet~Intranet capabilities,
and enhance the Operational Area Radio System to support core technology functions.
• Integrate Critical Federal Initiatives: Promote National Incident Management System (NIMS) and
National Response Frame~~~ork (NRF) compliance. Maximize federal resources through planning and
coordination. y
• Promote Technical Resources in Emergency Management: Integrate technical capabilities in all
elements of emergency management. Promote coordination and collaboration with internal and external
technical experts.
• Expand Operational Readiness: Develop staffing plans for appropriate resources during operational
events. Identify "core" business practices that must be maintained durin~~ an emergency deployment and
the staffing levels necessary to meet these needs. Develop policies and procedures for shifting
workloads for staff during deployment and upon return. Finalize implementation and rollout of the
Operational Readiness "Team to facilitate efficient deployment of staff during emergencies and disasters
including the credentialing of emergency responders to be utilized for Emergency Management Mutual
Aid.
• Enhance Information-sharing Capacity: Enhance capacity to share and disseminate information and
programmatic guidance to all stakeholders. customers and emergency networks.
55A-13
Applicant Goals:
Project #1
Goal
Promote Continuous Improvements
Objectives
The city will attend all OA AAR's for exercises and emergency activations.
Description:
The city will implement corrective actions from the late spring 2009 H1N1 Pandemic and develop a
Pandemic Plan.
Performance Measures:
Plan will be completed and approved by 01/01/10.
Project #2
Goal
Enhance Communication Capabilities
Objectives
Promote interoperability through amatuer radio communications.
Description:
The city will participate in the county wide RACES Win Link Project.
Performance Measures:
The Emergency Management 8~ Homeland Security Office and RACES will recieve, install all Win Link
equipment, and integrate the system into EOC operations by 07/01/2010.
Project #3
Goal
Integrate Critical Federal Initiatives
Objectives
Ensure the city is in compliance with all National Incident Management System (NIMS} initiatives
Description:
The city will continue to promote the use of NIMS and ICS and will contintue to provide training to
employees. The city will continue to use NIMS and ICS during field responses, and in the EOC.
Performance Measures:
A city representative will attend at least 50% of all OA NIMS sub-committee meetings and meet all
NIMS requirements by deadline. The city will contintue to update the NIMCAST.
55A-14
Proiect #d
Goal
Promote Technical Resources in Emergency Management.
Objectives
WebEOC
Description:
The city will continue to intagrate WebEOC in the EOC and will continue to support the OA
implementation.
Performance Measures:
A representitive will attend 50% of all WebEOC sub-commitee meetings and participate in the October
15. 2009 Great California Shakeout WebEOC Drill.
Proiect #5
Goal
Support and train personnel
Objectives
EOC and COOP Training
Description:
The city will continue to train staff in EOC operations. In addtion, we will train city staff on the
implenation of the new COOP plan.
Performance Measures:
Provide COOP training to city staff by 07/01/2010. Provide EOC section specific training by
07/01 /2010.
55A-15
Emergency Management Performance Grant Budget Sheet
For the Period July 1, 2009 through June 30, 2010
Federal Fiscal Year 2009
Eligible cost categories are as follows:
CATEGORY DESCRIPTIQN -
'Personal Ser<•ices~ includes salary, overtime, compensating time off and associated;
frtngc benefits.
Travel ,Recipients must follow their o~~n established travel policy. If they
have no established policy, they must follow the state's travel polic~.~
This is defined as property having a useful life of more than one year
and an acquisition cost of $x,000 or more per unit. Equipment must i
Equipment 'be on the Authorized Equipment List (AEL) found on the Responder
~'nowled~~e Base (RKB) ~aebsite (www.rkb.us).
Operating expenses his includes all items not defined as equipment such as printing,
ostage, communications, data processing, etc.
Contractors: consultants rl'his includes funds allocated for contractual agreements.
C Budgeted E:VIPG Funds
CATEGORI' City's Budgeted Total Cost to be Requested
R
~ ~ _(not to c~cud ~L)°~~~ of the C u~'~ totall j
_ .
1'erson~~el $ ] 02,000 $ ~ 1.000
Equipment $ 2,000 $ 12.00
i
Operating $ 10,000 S j 000
$ $
$ ' $
BUDGET TOTALS $ 137.000 ~ $ 68 X00
i
55A-16
Governing Body Resolution
f31: (T I2L'.SOI. ! 'ED B THE
iGmcruin Bad~l
OF TILE TI~1.~ T
(Name of Applicant
(Name of lltle of Authorized Agent)
. C)R
_
(Name oC Title of Authorized AaenU
iVamc of ride of Authorir_cd agent)
is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the
State of California, am' actions necessan for the purpose of obtaining federal financial assistance provided by the federal
Department of Homeland Security and subgranted through the State of California.
Passed and appro~ ed this day of . ?0
Certification
l• ,duly appointed and
(Name!
_ of the _
(E"idet (Go~ernins Body 1
do herehv certify that the above is a true and correct copy of a resolution passed and approved by
the of the on the
±Gurern m2 E3od~ ? t Name of Applicant t
day of . ~p
ii
)tlictal Yosmonl
(Si~~naturel
(Date}
55A-17
PROGRAM NARRATIVE
a•~r~rseor~o~ - - rnss~~r ¦
The Orange County Operational Area (OA) seeks to integrate the Secretary's Emphasis Areas identified by the
State of California F,mergency Management Agency into its goals and objectives for the period. These areas
include:
• Information'~4anagement "Technology and Process: The OA is committed to constantly improving
emergency information management systems (technology and processes). (See Goals 1.4, 2.1, 2.13, and
3.4)
• lmcrgency Responder Credentialing Program: The Operational Area is in the preliminary stages of
credentialing emergency responders to be utilized in the Statewide Emergency Management Mutual Aid
system. (See 2.24)
• Alert & Warning: "I'he OA coordinates an alert and warning system, A1crtOC, on behalf of regional
jurisdictions. (See 2.24)
• Special Needs: The OA is conducting an angoing analysis of and planning for evacuation and sheltering
needs of the OA's special needs population. A scaping survey was distributed to regional stakeholders
in March 2009. During the period of performance further planning around the evacuation and
transportation of special needs population will be conducted.
• Mass Evacuation: Mass evacuation planning and capabilities are an integral part of the OA's emergency
plans. As part of the ongoing process of updating existing plans, mass evacuation considerations will be
updated as needed.
• Care and Sheltering: The OA has a robust Shelter Committee that meets monthly to provide training
and information in regards to care and sheltering operations. A tabletop exercise was conducted in
February 2009 to provide a forum in which lessons learned from this exercise and real incidents to
enhance existing care and shelter plans.
• Planning: The UA has an Emergency Operations Plan working group which provides an open forum for
reviewing and revising each others' jurisdiction Emergency Operations Plans. These plans are them
submitted to CaIEMA for review.
• Exercises: "I'he OA has developed and maintains a live-year exercise plan, which includes exercises
ranging from tabletops to full-scale, county-wide to single agency. (See 1.9)
• Regional Catastrophic Planning: The OA collaborates with jurisdictions both within Orange County and
throughout the regional area. Catastrophic event planning, including equipment and communications
planning, includes neighboring jurisdictions and federal, state, and private entities.
• COOP and COG Planning: "l~he OA routinely updates its plan to reflect current practices and
improvements identified through exercises, training, and activations. (See 1.4, 2?4)
"The Urange County Uperational Area goals and objectives funded through. the FY 2009 Emergency
'Management Performance Grant are specifically to:
-
~ GOALI 4CTIVITY ~ TASK(S) TO BE COMPLETED
~ __OBJECTIVE j
55A-18
GOALI ~ACT)<VITY TASK(S) TO BE COMPLETED
OBJECTIVE ~ _
1.4. Promote Implement after action report Review and implement the findings and
Continuous .recommendations. lessons learned, recommended corrections from the
Improvement and oversight committee After Action Reports for the Operational
recommendations. Utilize the lessons 1 Area Exercise Golden Guardian 2008
learned From previous exercises, !and the Freeway Complex Fire.
emergencies, disasters. and oversight
reports to develop strategics to '
improve operational effectiveness.
1.9. Support and Provide core competency support iJpdate and attend existing training that
Train Personnel and ensure staff is well trained, their is provided to the Operational Area.
for the ?deeds of professional growth is fostered, and
Operational have the support/tools they need to
Demands _ complete their wwork.
2.1. Enhance I Explore, develop, and enhance Participate in the Communications Sub-
; Communications Internet%Inteaet capabilities. and Committee to assist with the expansion
Capabilities enhance the Operational Area Radio of the Operational Area Radio System.
I System to support core technology
~ functions.
2.12. Integrate Promote rational Incident ~ Develop and revise plans and
Critical i~ederal .Management System (N[MS) and ,procedures to be National Incident
' Initiatives ~ rational Response Framework Management System (rIMS)
(NRF) compliance. Maximize I compliant. Integrate the rational
federal resources through planning ,Response Framework (?vRF') into these
and coordination. ~ plans and procedures. Attend and
artici ate in the rIMS Sub-Committee.
2.13. Promote Integrate technical capabilities in all Participate in the Vi%ebEOC User Group
i, Technical elements of emergency management. to develop user training and enhance the
Resources in Promote coordination and system for the end users.
Emergency collaboration with internal and ~
Management ~ external technical experts.
2.24. Expand r Develop staffing plans for j Participate in the Help Us Help You
~I Operational ,appropriate resources during Group. This group ~~~ill work on
Readiness ;operational events. Identify `'core" !revising the Jurisdictional Information ,
' business practices that must be ~ System Forms, develop an activation
maintained during an emergency ;guide. continue AIertOC training, and
deployment and the staffing levels ~ help enhance the Operational Area
necessary to meet these needs. Vl-'ebsite. Attend and participate in
Develop policies and procedures for Orange County Emergency
shifting workloads for staff during Management Organization (OCEMO)
deployment and upon return. and the Sub-Committees. Conduct and
Finalize implementation and rollout participate in the Operational Area
of the Operational Readiness "Team Exercise.
~ to facilitate efficient deployment of '
staff during emergencies and
disasters including the credentialing
of emergency responders to he
utilized for Emergency Mana ement '
55A-19
GOAL/ ACTIVITY ! TASK(S) TO BE COMPLETED
OBJECTIVE
_Y._
~
Mutual Aid. _
3.-1. Enhance l~nhance capacity to share and' _ Participate in the VVebEOC User Group.
Information- disseminate information and ;Help develop a Standard Operating
sharing Capacit}~ .programmatic guidance to all a Procedure for WebEOC, training and
stakeholders. customers and system development.
emer encv networks.
2.10 Special The OA is conducting an ongoing ,These activities are supported through
Needs analysis of and planning for funding from other sources. In
evacuation and sheltering needs of consideration of funding source, tasks
the OA's special needs population. associated with this activity are not
A scoping survey was distributed to included in this grant application.
regional stakeholders in March 2009.
During the period of performance
further planning around the
evacuation and transportation of
special needs population will be
t conducted.
2.10 Mass Mass evacuation planning and ,These activities are supported through
Evacuation capabilities are an integral part of the funding from other sources. In
OA's emergency plans. As .part of ,consideration of funding source,. tasks
the ongoing process of updating associated with this activity are not.
existing plans, mass evacuation included in this grant application.
considerations will be updated as
needed.
2.10 Caze and The OA has a robust Shelter These activities are supported through
Sheltering .Committee that meets monthly to funding.. from other sources. In
provide training and information. in consideration of funding source, tasks
regards to care and sheltering associated with this activity are not
operations. A tabletop exercise was included in this grant application.
conducted %n February 2009 to
provide a forum in which lessons
learned from this exercise and real
incidents to enhance existing care
and shelter Tans.
2.10 Planning The OA has an Emergency These activities are supported through
Operations Plan working group funding from other sources. In
which provides an open forum for consideration of funding source, tasks
reviewing and revising each others:' associated .with this activity are not
.jurisdiction Emergency Operations included in this grant application.
Plans. These plans are them
submitted to Ca1EMA for review.
2.10 Regional The OA collaborates with These activities are. supported through
Catastrophic jurisdictions both within Orange funding from other sources. In
Planning County and throughout the regional consideration of funding source, tasks
,.area. ,~azastropluc:event pla~ng, aassoc~ted with this~ecrivity are noi. .
including equipment and included in this grant application.
' communications tannin ,includes
55A-20
w
GOAL! ~ ACTIVITY TASKS} TO BE COMPLETED
OBJECTIVE _
neighboring jurisdictions and
federal, state, and rivate entities.
t..~ . 3. 6 ~
The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, I~~
guidelines, and requirements, including OMB Circulars A-87, A-102, A-133; Executive Order 12372
(intergovernmental review of federal programs); and 44 C.F.R. pt.13 (administrative requirements for grants
and cooperative agreements). The applicant also specifically assures and certifies that:
i . E Ias the legal authority to apply for Federal assistance, and the institutional. managerial and financial
capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper
planning, management and completion of the project described in this application.
2. «'ill 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; and will establish a proper accounting system in accordance with
~~enerally accepted accounting standards or agency directives.
3. Vv'ill establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or personal gain.
4. Vl~'ill initiate and complete the work within the applicable time frame after receipt of approval of the
awarding agency.
ill comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C.~~'~ 4728-4763) relating to
prescribed standards for merit systems far programs funded under one of the nineteen statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration
C.F.R. 900, Subpart F).
6. will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 t1.S.C.
1681-1683. and 168-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973. as amended (29 U.S.C. ~ 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-25~), as amended. relating to nondiscrimination on the basis ofdrug abuse: (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 9l -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) X23 and X27 of
the Public I Icalth Service Act of~ 1912 (42 U.S.C. 290 dd-3 and 290 ee-3 as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
55A-21
U.S.C. ~ 3601 et seq.), as amended. relating to non-discrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the specific statute(s) under ~~hich application for
federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. ~~'ill comply, or has already complied, w ith the requirements of Titles II and 111 of the Uniform
Relocation Assistance and Real Property .Acquisition Policies Act of 1970 (P.L. 91-646) ~yhich provide
for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases.
8. Will comply with the provisions of the l latch Act 1J.S.C. 1501-1 X08 and 7324-7328) ~~hich limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
9. l~'ill comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a7j, the
Copeland :pct (4U U.S.C.~~' 276c and 18 U.S.C.. tiff 874), and the Contract Vl'ork Hours and Safety
Standards :'let (40 [;.S.C. 327-33.3). regarding labor standards for federally assisted construction
suba~:reements.
10. hl%ill comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is S 10,000 or more.
1 1. Vb'ill comply with environmental standards ~r•hich may be prescribed pursuant to the following: (a}
institution of environmental quality control measures under the National Environmental Policy Act of
l 969 (P.I.. 91-190) and Executive Urder (EO) 11 ~ 14; (b) notification of violating facilities pursuant to EO
1 1738; (c) protection of wetlands pursuant to EO 11990: ("d) evaluation of flood hazards in floodplains in
accordance ~yith LO 11988; (e)assurance of project consistency ~yith the approved State management
program developed under the Coastal Zone Management Act of ] 972 (16 U.S.C. 145 ] et seq.); (f)
conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. ~ 7401 et seq.): (g) protection of~underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (hj protection of
endangered species under the Endangered Species Act of 1973, as amended. (P.L. 93-205).
] 2. Will comply ~yith the V~'ild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. l~'ill assist the a~i~arding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO l I~93 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et sey.}.
14. V4 ill comply with P.L. 93-348 regarding the protection of human subjects im-olved in research,
development, and related activities supported by this award of assistance.
15. Till amply ~yith the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 L-.S.C. 2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by this award of assistance.
55A-22
16. V4'ill comply with the bead-Based Paint Poisoning Prevention Act (42 L`.S.C. 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
17. «'ill cause to be performed the required financial and compliance audits in accordance with the Single
Audit :'1ct of 1984 or OMB Circular'~~o. A-1>>, Audits of Institutions of Higher Learnins and other Nort-
protit
Institutions.
18. Will compl}- with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program.
CF,RT[FICATIONS
Certification for Contracts. Grants, Loans and Cooperative Agreements
"I~he undersigned certifies, to the best of his or her knowledge and belief, that:
(I) \o 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
«ith the a~~arding of anv 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 an}~ Federal contract, grant. loan, or cooperative agreement.
If an}• fund, other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract. ,?rant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Forn~-
LL.L. "Disclosure Form to Report I_obbvin~~," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for
all subaw~ards at all tiers {including subcontracts, subgrants, and contracts under grants, loans. and
cooperative agreements) and that all subrecipients shall certif}' and disclose accordingly. "Phis certification
is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed h} section 132, title ~l. L.S. Code. Any person who fails to file the required certification shall he
subject to a civil penalt}• of not less than $10.000 and not more than $100.000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
7~he undersigned states, to the best of his or her knowledge and belief: that:
If any funds have been paid or will be paid to an}• 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 commitment providing for the United States to insure or guarantee
a loan. the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."
in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into
this transaction imposed b}' section 13~~. title ~ 1. L.S. Code. An}~ person ~~~ho fails to file the required
55A-23
statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
55A-24
2. DEBAKMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (DIRFCT RECIPIFNT)
.As required by Executive Order 1249, Debarment and Suspension, and implemented at 44 CFR, Part 17:
A. The applicant certifies that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a
denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency:
(2) Have not within athree-year period preceding this application been convicted of or had a civil
.judgment rendered against them f'or commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction: violation of Federal or State antitrust statutes or commission of
embezzlement. theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property:
(3) 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 (A)(2} of
this certification: and
(4) 1-lave not within athree-y-ear period preceding this application had one or more public transactions
(Federal. State, or local) terminated for cause or default; and
R. «'here the applicant is unable to certify to any of the statements in this certification, he or she shall attach
an explanation to this application.
3. CEK'I"IFICAT~IONS REGARDING DRUG-FREF WORKPLACE REOUIREMENTS• "Phis certification
commits the appltcant to compliance with the certification requirements under 44 CFR, Part 17 Gnvernmerrt-
u~ide Requir•e»~rej7ts for Drub-Free Workplace (Gra~ats).
A. The grantee certifies that it will or will continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition:
(b} Establishing an ongoing drug-free awareness program to inform employees about-
(1) 'l~he dangers of drug abuse in the workplace;
{2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation. and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
{c) Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph (a);
55A-25
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee vvill-
1 Abide by the terms of the statement; and
O
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
(d)(?) Crom an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice. including position title, to every grant officer or other designee on whose
grant activity the convicted employee was working, unless the Federal agency has designated a central
point for the receipt of such notices. Notice shall include the identification number(s) of each affected
grant;
(f) "baking one of the following actions, within 30 calendar days of receiving notice under subparagraph {d)(2),
with respect to anv employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisi`actorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) 'Making a good faith effort to continue to maintain adrug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e) and (f).
4. SVI~'EA1•FREE CUllE OF CONDUCT•
a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding
accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a
public works contract, declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been
laundered or produced in whole or in pari by sweatshop labor, forced labor, convict labor, indentured
labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or
with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction,
abusive forms of child labor or exploitation of children in sweatshop labor. The applicant further declares
under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California
Department of Industrial Relations website located at w~w.dir.ca.aov, and Public Contract Code Section
6108.
b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records.
documents, agents or employees, or premises if reasonably required by authorized officials of the
contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the
contractor's compliance with the requirements under paragraph (a}.
DO~IFSTIC 1'AR"I'NERS: For subgrants executed or amended after July- 1, 2004, the applicant may elect to
offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section
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10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits
which have otherwise been provided to all employees regardless of marital or domestic partner status.
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TERMS AND CONDITIONS
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or
former state employees. If subgrantee has any questions on the status of any person rendering services or
involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current .Stute En7plovees (Public Cvntract Cvde ? 10410j:
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any state
agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
2} No officer or employee shall contract on his or her owrn behalf as an independent contractor with any state
agency to provide goods or services.
Fv»ner State Enrployees (Public Cvntract Cvde 10~111~:
1) For the two-year period from the date he or she left state employment, no former state officer or employee
may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning,
arrangements or any part of the decision-making process relevant to the contract while employed in any
capacity by any state agency.
2) F'or the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state agency
in apolicy-making position in the same general subject area as the proposed contract within the 12-month
period prior to his or her leaving state service.
If applicant violates any provisions of above paragraphs, such action by applicant shall render this
Agreement void. (Pub. Contract Codc §10420)
:Members of boards and commissions are exempt from this section if they do not receive payment other
than payment of each meeting of the board or commission, payment for preparatory time and payment for
per diem. (Pub. Contract Code 510430 (e))
2. LABOR CODE/WORKERS' COMPFNSATIOI~: Applicant needs to be aware ol~the provisions which
require every employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions, and applicant affirms to comply with such provisions before
commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMI:RICAI~S W1~1'1i DISABILITIES AC'T: Applicant assures the State that it complies with the Americans
with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the AllA. (42 U.S.C. 12101 et seq.)
4. APPLICANT NAIyIL CIiAI~GE: An amendment is required to change the applicant's name as listed on this
.Agreement. L'pon receipt of legal documentation of the name change the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
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RESOLLTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion. or ordinance of the local governing body which b} law has authority to enter into
an agreement. authorizing execution of the agreement.
6. AIR OR WATER POLLUTION V[OLA1'ION: Under the State laws, the applicant shall not be:
(1) in violation of any order or resolution not subject to review promulgated by the State Air Resources
Board or an air pollution control district:
(2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or
finally determined to be in violation of provisions of federal law relating to air or water pollution.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and applicant may be ineligible for award of any future State agreements
if the department determines that any of the following has occurred: the applicant has made false certification,
or violated the certification by failing to carry out the requirements as noted above. (Gov. Code X8350 et seq.)
I. the official named below. CER"fIFY UNDER PF•.NALTY OF PERJURY that I am dulti~ authorized to legally
bind the prospective jurisdiction to the assurances and certifications listed above.
Jurisdiction (Prirrted)
I
t ~
Bye (A uthnr r ~ ed Sigrrattrre)
i
Printed :'Fame and I
itle of Per:snn Signing ~ -
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Duce Fxecrrred 's, ~
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55A-29
55A-30